Garden Grove City Council
March 22, 2022

GARDEN GROVE

OVERVIEW
This document establishes protocols for administering the Emergency Solutions Program (ESG) and replaces previous protocols for the defunct Emergency Shelter Grants Program. The protocols herein incorporate changes in the ESG program pursuant to the Interim Rule (effective January 4, 2012), which established the regulations for the Emergency Solutions Grants Program (ESG). Unlike the forme r Emergency Shelter Grants Program that emphasized serving the needs of the homeless in emergency or transitional shelters, the focus of the ESG aims at “assisting people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness” (Interim Rule, Federal Register / Vol. 76, No. 233. p. 75954).

Regulatory Authority. The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009, was promulgated on May 20, 2009, reauthorized and amended the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq) consolidating three homeless assistance programs into one grant program and revising the Emergency Shelter Grants program and renaming it as the Emergency Solutions Grants (ESG) program. The HEARTH Act also codifies into law the Continuum of Care planning process.

Effective January 4, 2012, the Homeless Emergency Assistance and Rapid Transition to Housing:

Emergency Solutions Grants Program and Consolidated Plan Conforming Amendments interim rule revised the regulations for the Emergency Shelter Grants program by establishing the regulations for the Emergency Solutions Grants program, which replaced the Emergency Shelter Grants program.

Objectives. The ESG Program provides funding to achieve these objectives:

 Engage homeless individuals and families living on the street;  Improve the number and quality of emergency shelters for homeless individuals and families;  Help operate these shelters;
 Provide essential services to shelter residents,
 Rapidly re-house homeless individuals and families, and  Prevent families/individuals from becoming homeless.

Beneficiary Eligibility
City staff will ensure compliance by subrecipients with the minimum eligibility criteria for ESG beneficiaries:
 For e ssential services related to street outreach, beneficiaries must meet the criteria under paragraph (1)(i) of the “homeless” definition under 24 CFR 576.2, namely:

An individual or family with a primary nighttime residence that is a public or private plac e not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or c amping ground;

 For emergency shelter, beneficiaries must meet the “homeless” definition in 24 CFR 576.2. (1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings ,including a car, park, abandoned building, bus or train station, airport, or camping ground;
(ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low income individuals); or
(iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; (2) An individual or family who will imminently lose their primary nighttime residence, provided that
:(i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;
(3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e –2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
(ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
(iii) Have experienced persist ent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and
(iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or

(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support networks, e.g., family, friends, faith based or other social networks, to obtain other permanent housing.

 For essential services related to emergency shelter, beneficiaries must be “homeless” and staying in an emergency shelter (which could include a day shelter).  For homelessness pr evention assistance, beneficiaries must meet the requirements described in 24 CFR 576.103par. That is, those who meet the criteria under “At Risk of Homelessness”, and who have an annual income below 30% of the median family income for the area. At Risk of Homelessness” means an individual or family who has an annual income below 30 percent of median family income for the area, as determined by HUD, and does not have sufficient resources or support networks.
 For rapid re -housing assistance, beneficiaries mu st meet requirements described in 24 CFR 576.104, that is:

Program participants who meet the criteria under paragraph (1) of the ‘‘homeless’’ definition in § 576.2 or who meet the criteria under paragraph (4) of the ‘‘homeless’’ definition and live in an emergency shelter or other place described in paragraph (1) of the ‘‘homeless’’ definition.

Further eligibility criteria may be established at the local level in accordance with 24 CFR 576.400(e).

Minimum Documentation. The following standards for docume nting homelessness are to be monitored by City staff.

Persons living on
the street
Certify that the persons
served reside on the street.

Provision of services (e.g., outreach, food, health care, clothing) to persons who reside on the streets and not i n shelters or other places meant for human habitation),
require the outreach or service worker to sign and date a general certification that:
 verifies that the services are going to homeless
persons, and
 indicates where the persons served reside.

Persons coming
from living on the
street (and into a
place meant for
human habitation)
Obtain information to indicate
that the participant is coming
from the street.

You must verify that an individual is coming from the street through:
 organizations or outreach workers who have assisted
him/her in the past;
 determining where the resident receives assistance
checks, if applicable; and/or
 other information regarding the participant’s recent
past activities.

Document your verification efforts! Your staff should
prepare a statement that is then signed and dated.

As a last resort, if you are unable to verify in this manner that the person is coming from living on the street, the participant or a staff member may prepare a short written statement about the participant’s previous living place and have the participant sign the statement and date it.

Persons coming
from
an emergency
shelter
Verify from the emergency
shelter staff that the
participant has been residing
at the emergency shelter.

You need to obtain from the referring agency a written, signed, and dated verification that the individual has been a resident of the emergency shelter.

Persons coming
from a transitional
housing
Verify with the transitional
housing staff that:

 the participant has been
residing at the
transitional housing; and

 the participant was living
on the streets or in an
emergency shelter prior
to living in the transitional
housing facility or was
discharged from an
institution or evicted prior
to living in the transitional
housing and would have
been homeless if not for
the transitional housing.

You must obtain from the referring agency two written,
signed, and dated verifications:

 a signed statement from the transitional housing staff indicating that the individual had been a resident there; and

 the referring agency’s written, signed, and dated
verification as to the individual’s homeless status when he/she entered their program.

If the referring agency did not verify the individual’s homeless status upon entry into their program, you will need to verify that status yourself. That is, in addition to the written, signed, and dated verification from the referring agency that the individual has been residing in the
transitional housing, you need to verify their status upon entry into transitional housing and document that status according to the instructions here.
(For example, if the person was living on the streets before moving into the transitional housing, you will need to obtain the documenta tion required under “Persons coming from
living on the street” above).

Persons being
evicted from a
private dwelling
Have evidence of the eviction
proceedings.

You need to obtain two types of information:

 Documentation of:
 the income of the participant;
 what efforts were made to obtain housing; and
 why, without the homeless assistance, the
participant would be living on the street or in an
emergency shelter.

 Documentation of one of the following:

 For formal eviction proceedings, evidence that the
participant was being evicted within the week
before receiving homeless assistance;
 Where a participant’s family is evicting, a signed
and dated statement from a family member
describing the reason for the eviction;
 Where there is no formal evi ction process (in
these cases, persons are considered evicted
when they are forced out of the dwelling unit by
circumstances beyond their control), two things
are needed:

 a signed and dated statement from the
participant describing the situation; and

 documentation and verification (through
written, signed, and dated statements) of
efforts to confirm that these circumstances
are true.

Persons from a
short term stay
(up to 30
consecutive days)
in an institution
who previously
resided
on the street or in
an emergency
shelter
Verify from the institution staff
that the participant has been
residing at the institution and
was homeless before entering
the institution
. You must obtain:

 written verification from the situation’s staff that the participant has been residing in the institution for less that 31 days; and

 information on the previous living situation. Preferably, this will be the institution’s written, signed, and dated verification on the individual’s homeless status when
he/she entered th e institution. If the institution’s staff did not verify the individual’s homeless status upon
entry into the institution, you will need to verify that status yourself, according to the instructions above
(i.e., if the person was living on the streets befo re
moving into the institution, you will need to obtain the documentation required under “Persons coming from
living on the street”).

Persons being
discharged from a
longer stay in an
institution
Verify from the institution staff
that the participant has been
residing at the institution and
will be homeless if not
provided with assistance.

You need to obtain signed and dated:

 evidence from the institution’s staff that the participant was being discharged within the week before receiving
homeless assistance; and

 documentation of the following:

 the income of the participant;
 what efforts were made to obtain housing; and
 why, without the homeless assistance, the
participant would be living on the street or in an
emergency shelter.

Persons flee ing
domestic violence
Verify that the participant is
fleeing a domestic violence
situation.

You must obtain written, signed, and dated verification from the participant that he/she is fleeing a domestic violence situation.

If the participant is unabl e to prepare the verification, you may prepare a written statement about the participant’s previous living situation, have the participant sign, and date it.

SALIENT ESG COMPONENTS
The following summarizes the five allowable ESG components and corresponding activities. Refer to Exhibit 1 for a detailed summation of ESG components, activities and allowable costs.

 Street Outreach. Essential Services necessary to reach out to unsheltered homeless individuals and families, connect them with emergency shelter, housing, or critical services, and provide them with urgent, non-facility-based care. Component services per 24 CFR 576.101 comprise the following:

 Engagement,
 Case management,
 Emergency health and mental health services,
 Transportation.

 Emergency Shelter. Per 24 CFR 576.102, ESG funds may be used to renovate a building to serve as an emergency shelter. Site must serve homeless persons for at least 3 or 10 years, depending on the cost and type of renovation (major rehabilitation, conversion, or other renovation). Note: Property acquisition and new construction are ineligible.

 Essential Services for individuals and families in emergency shelter. Component services generally consist of 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, and transportation.

 Shelter Operations, including maintenance, rent, security, fuel, equipment, insurance, utilities, and furnishings.

 Relocation assistance for persons displaced by a project assisted with ESG funds.

 Homelessness Prevention. Housing relocation and stabilization services and/or short and/or medium-term rental assistance necessary to prevent the individual or family from moving into an emergency shelter or another place described in paragraph (1) of the “homeless” definition in § 576.2.

Component services and assistance generally consist of short-term and medium-term rental assistance, rental arrears, 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. For specific requirements and eligible costs, see 24 CFR 576.103, 576.105, and 576.106.

 Rapid Re-Housing. Housing relocation and stabilization services and short and/or medium-term rental assistance as necessary to help individuals or families living in an emergency shelter or other place described in paragraph (1) of the “homeless” definition move as quickly as possible into permanent housing and achieve stability in that housing.

Component services and assistance generally consist of short-term and medium-term rental assistance, rental arrears, 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. For specific requirements and eligible costs, see 24 CFR 576.104, 576.105, and 576.106.

The following chart summarizes the ESG components and related activities:

Components
ESG Eligible Activities
Renovation/
Rehab
Essential
Services
Operations
Housing
Relocation &
Stabilization/
Financial
Assistance
Housing
Relocation &
Stabilization/
Financial
Services
Rental
Assistance
Street Outreach 
Shelter   
Homeless Prevention   
Rapid Re-Housing   

ESG funds are also used for the following:

 HMIS. Grant funds may be used for certain Homeless Management Information System (HMIS) and comparable database costs, as specified at 24 CFR 576.107.  Administration. Pursuant to 24 CFR 576.108.,u p to 7.5% of a recipient’s fiscal year grant can be used for administrative activities, such as general management, oversight, coordination, and reporting on the program. State recipients must share administrative funds with their subrecipients who are local governments and may share with their subrecipients who are nonprofit organizations.

SALIENT MONITORING COMPONENTS
City staff will monitor subrecipients to ensure compliance with ESG requirements outlined below.

The Eligibility Evaluation form and the Subrecipient Agreement will include the following performance objective and performance outcome by ESG activity category.

ESG Activity
Category in IDIS
Performance Objective Performance Outcome
Create
Suitable Living
Environments
Provide Decent
Affordable
Housing
Availability/
Accessibility Affordability
Shelter  
Street Outreach  
Homeless Prevention  
Rapid Re-Housing  

Obligation & Expenditure Deadlines
In accordance with 24 CFR 576.203, the City is to adhere to the following deadlines:

ESG Timeliness Requirement Timeframe
Obligate funds (from the date HUD signs the grant agreement) 60 Days Select subrecipient organizations 120 Days
Reimburse subrecipient organizations 30 Days
Expend all ESG funds 2 Years

In addition, an Emergency Shelter facility must be maintained and used for the homeless based upon minimum time periods (See 24 CFR 576.102(c)(1)) according to the types of activities assisted with ESG funds. Emergency Shelter Facilities (24 CFR 576.2) comprise facilities primarily intended to provide a
temporary shelter for the homeless in general or for specific populations of the homeless and which do not require occupants to sign leases or occupancy agreements.

Emergency Shelter
Activities Timeframe
Major Rehabilitation 10 years after the date the building is first occupied by a homeless individual or family after the completed Rehabilitation, if Rehabilitation costs exceed 75 percent (75%) of the value of the building before Rehabilitation. A recorded deed or use restriction is required.

Conversion 10 years after the date the building is first occupied by a homeless individual or family after the completed Conversion, if Conversion costs exceed 75 percent of the value of the building after Conversion. A recorded deed or use restriction is required.

Renovation 3 years after the date the building is first occupied by a homeless individual or family after the completed Renovation.

Shelter Operations or
Essential Services
Term of the Standard Agreement, without regard to a particular site or structure, so long as the Applicant serves the same type of persons (e.g., families with children, unaccompanied youth, veterans, disabled individuals, or victims of domestic violence) or persons in the same geographic area.

GENERAL REQUIREMENTS
Along with monitoring activity eligibility, cost eligibility and proper documentation to support beneficiary eligibility, City staff will also ensure compliance with the following general requirements.

 Uniform Administrative Requirement. ESG regulations at 24 CFR 576.407(c) require the governmental agencies apply 24 CFR Part 85, except for 24 CFR 85.24 and 85.42 , and program income is to be used as match under 24 CFR 85.25 (g). The requirements of 24 CFR Part 84 apply to Private Nonprofit subrecipien ts, except for 24 CFR 84.23 and 84.53 , and program income is to be used as the non-Federal share under 24 CFR 84.24 (b).

 Homeless Participation. Under 24 CFR 576.405 the City is ensure subrecipients provide for the participation of not less than one homeless individual or formerly homeless individual on the Board of Directors or other equivalent policy-making entity, to the extent that the entity considers and makes policies and decisions regarding any facilities, services or other assistance that receives funding under ESG.

 Program Termination . The City will review the termination/denial policy in each subrecipient’s Written Standards to verify that the following minimal components are included : a progressive discipline warning system, written notices, a formal appeal process, and consideration of the appeal by someone not involved in the original termination. Staff will also monitor each subrecipient’s compliance with ESG regulations at 24 CFR 576.402 to ascertain whether persons or families receiving assistance who violate program requirements are terminated only in the most severe cases. The subrecipient is required to terminate assistance in accordance with a formal process that has been established and that recognizes the rights of individuals or families affected.

City staff will monitor compliance with the following area-wide systems coordination requirements pursuant to 24 CFR 576.400.

 Consultation with CoCs. Staff will assist s ubrecipients are to consult with the CoC to (1) determine how ESG funds will be allocated in that region; (2) identify the performance standards for evaluating the outcomes of projects and activities; and (3) identify the funding, policies and procedures for the administration and operation of the HMIS, if appropriate

 Coordination with Other Targeted Homeless Services . City staff will monitor subrecipients to verify that other programs are targeted to homeless people in the area covered by the CoC to provide a strategic, community-wide system to prevent and end homelessness for that area.

 System and Program Coordination with Mainstream Resources . The subrecipient is to coordinate and integrate ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for whi
ch families and individuals at risk of
homelessness and homeless individuals and families may be eligible.

 Centralized or Coordinated Assessment . Each ESG-funded subrecipient is to work with the CoC to ensure the screening, assessment and referral of participants are consistent with the Written Standards. A Victim Service Provider may choose not to use the CoC Centralized or Coordinated Assessment System.

 Written Standards .Once the CoC has developed Written Standards in accordance with the requirements outlined in 24 CFR 576.400(e)(2)(3), Each subrecipient is to use the CoC ’s Written Standards.

 Participation in HMIS. The subrecipient is to ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or a comparable database in accordance with HUD’s standards on participation, data collection and reporting under a local HMIS. If the subrecipient is a Victim Service Provider or a Legal Services Provider, it may use a comparable database that collects client level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS.

City staff will monitor each subrecipient ’s compliance with other federal and state requirements set forth at 24 CFR 576.406-576.408.

 Per 24 CFR 576.407(a), the subrecipient is to adhere to the requirements in 24 CFR Part 5, Subpart A, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a).

Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 41701u, and implementing regulations at 24 CFR Part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c).

 Faith-Based Activities. Religious organizations may receive ESG funds if agreeable to providing all eligible ESG activities in a manner that is in accordance with 24 CFR 576.406. ESG funds may not be used for the rehabilitation of structures if those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the federal cost accounting requirements. Sanctuaries, chapels, or other rooms the religious congregation uses as its principal place of worship are ineligible for ESG-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (See 24 CFR Parts 84 and 85).

 Organizations that are religious or faith-based are eligible to receive ESG funds but may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under ESG. Refer to 24 CFR 576.406 for additional details.

 Affirmative Outreach. As required under 24 CFR 576.407(b), the subrecipient is to establish procedures that ensure the use of the facilities, assistance, and services are available to all on a nondiscriminatory basis.

 Displacement, Relocation, and Acquisition . In accordance with 24 CFR 576.408 , the displacement of persons as a result of a Components/Activities assisted with ESG funds must be provided Relocation Assistance pursuant to the URA and 49 CFR Part 24. Temporary relocation is not permitted. No tenant occupant of housing (a dwelling unit) that is converted into an Emergency Shelter may be required to relocate temporarily for a Component/Activity assisted with ESG funds or be required to move to another unit in the same building/complex. The acquisition of real property, whether funded privately or publicly, for a Component/Activity assisted with ESG funds is subject to the URA and the federal government-wide regulations at 49 CFR Part 24, Subpart B.

Refer to 24 CFR 576.408 for additional details.

 Match. City staff will monitor matching contributions from each subrecipient to verify that the amount of match equals the amount of ESG funds received p er 24 CFR 576.201, and that the

match sources include any federal source other than the ESG Program, as well as State, local, and private sources (see 24 CFR 576.201).

 Shelter and Housing Standards. City staff will require per 24 CFR 576.403 that any ESG- assisted shelter to meet minimum Habitability Standards. Shelters renovated with ESG funds, are to meet State or local government Safety and Sanitation Standards, as applicable, include energy- efficient appliances and materials, as well as incorporate lead- based paint remediation and disclosure requirements.

 Recordkeeping and Reporting Requirements. City staff will monitor subrecipients have written policies and procedures to ensure that ESG funds are used in accordance with requirements at 24 CFR 576.500. In addition, sufficient records must be established and maintained to enable HCD and HUD to determine whether ESG requirements are being met. Refer to for additional details. (24 CFR 576.500):
 Homeless status. F ollow written intake procedures to ensure compliance with the homeless definition in § 576.2. The procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status.
 At risk of homelessness status . For each individual or family who receives ESG homelessness prevention assistance, the records must include the evidence relied upon to establish and verify the individual or family's “at risk of homelessness” status. This evidence must include an intake and certification form that meets HUD specifications.

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 Determinations of ineligibility. For each individual and family determined ineligible to receive ESG assistance, the record must include documentation of the reason for that determination.  Annual income. For each program participant who receives homelessness prevention assistance, or who receives rapid re-housing assistance longer than one year  Income evaluation form completed by the subrecipient; and  Source documents for the assets held by the program participant and income received over the most recent period ( e.g., wage statement, unemployment compensation statement, public benefits statement, bank statement);
 If source documents are unobtainable, a written statement by the relevant third party (e.g., employer, government benefits administrator) or the written certification by the subrecipient's intake staff of the oral verification by the relevant third party of the income the program participant received over the most recent period for which representative data is available; or
 If source documents and third party verification are unobtainable, the written certification by the program participant of the amount of income the program participant received for the most recent period repr esentative of the income that the program participant is expected to receive over the 3 -month period following the evaluation.
 Program participant records. In addition to evidence of homeless status or “at risk of homelessness” status, as applicable, recor ds must be kept for each program participant that document:
 The services and assistance provided to program participant, including the security deposit, rental assistance, and utility payments made on behalf of the program participant;
 Compliance with the applicable requirements for providing services and assistance to t program participant under the program components and eligible activities provisions at § 576.101 through §576.106, the provision on determining eligibility and amount and type of assistance at § 576.401(a) and (b) , and the provision on using appropriate assistance and services at § 576.401(d) and (e); and
 Where applicable, compliance with the termination of a ssistance requirement in § 576.402.
 Centralized or coordinated assessment systems and procedures. Documentation evidencing written intake procedures for, the centralized or coordin ated assessment system(s) developed by the CoC.
 Rental assistance agreements and payments. The records must include copies of all leases and rental assistance agreements for the provision of rental assistance, documentation of payments made to owners for the provision of rental assistance, and supporting documentation for these payments, including dates of occupancy by program participants.  Utility allowance. The records must document the monthly allowance for utilities (excluding telephone) used to determine compliance with the rent restriction.

 Shelter and housing standards. Documentation of compliance with the shelter and housing standards in § 576.403, including inspection reports.
 Emergency shelter facilities. The amount and type of assistance provided to each emergency shelter.
 Services and assistance provided. Types of essential services, rental assistance, and housing stabilization and relocation services and the amounts s pent on these services and assistance. Subrecipients that are units of general-purpose local government must keep records to demonstrate compliance with the maintenance of effort requirement, including records of the unit of the general-purpose local government's annual budgets and sources of funding for street outreach and emergency shelter services.  Coordination with C oC and other programs. Document their compliance with the requirements of § 576.400 for consulting with the C oC and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs.
 HMIS. Records of the participation in HMIS or a comparable database by all projects.  Matching. The recipient must keep records of the source and use of contributions made to satisfy the matching requirement in § 576.201. The records must indicate the particular fiscal year grant for which each matching contribution is counted. The records must show how the value placed on third party, noncash contributions was derived. To the extent feasible, volunteer services must be supported by the same methods that the organization uses to support the allocation of regular personnel costs.
 Conflicts of interest. Records to show compliance with the organizational conflicts -of-interest requirements in § 576.404(a), a copy of the personal conflicts of interest policy or codes of conduct developed and implemented to comply with the requirements in § 576.404(b), and records supporting exceptions to the personal conflicts of interest prohibitions.  Homeless participation. Document compliance with the homeless participation requirements under § 576.405.
 Faith-based activities. Document compliance with the faith -based activities requirements under § 576.406.
 Other Federal requirements. Document compliance with the Federal requirements in § 576.407, as applicable, including:
 Records demonstrating compliance with the nondiscrimination and equal opportunity requirements under § 576.407(a), including data concerning race, ethnicity, disability status, sex, and family characteristics of persons and households who are applicants for, or program participants in, any program or activity funded in whole or in part with ESG funds and the affirmative outreach requirements in § 576.407(b).  Records demonstrating compliance w ith the uniform administrative requirements in 24 CFR part 85(for governments) and 24 CFR part 84 (for nonprofit organizations).  Records demonstrating compliance with the environmental review requirements, including flood insurance requirements.

 Certifications and disclosure forms required under the lobbying and disclosure requirements in 24 CFR part 87.
 Relocation. Document compliance with the displacement, relocation, and acquisition requirements in § 576.408.
 Financial records.
 Supportive documentation for all costs charged to the ESG grant.  Documentation showing that ESG grant funds were spent on allowable costs in accordance with the requirements for eligible activities under § 576.101-§576.109 and the cost principles in OMB Circulars A-87 (2 CFR part 225) and A-122 (2 CFR part 230).  Records of the receipt and use of program income.
 Documentation of compliance with the expenditure limits in § 576.100 and the expenditure deadline in § 576.203.
 Subrecipients and contractors.
 The recipient must retain copies of all solicitations of and agreements with subrecip ients, records of all payment requests by and dates of payments made to subrecipients, and documentation of all monitoring and sanctions of subrecipients, as applicable. If the recipient is a State, the recipient must keep records of each recapture and dis tribution of recaptured funds under § 576.501.
 The recipient and its subrecipients must retain copies of all procurement contracts and documentation of compliance with the procurem ent requirements in 24 CFR 85.36 and 24 CFR 84.40-84.48.
 The recipient must ensure that its subrecipients comply with the recordkeeping requirements specified by the recipient and HUD notice or regulations.  Confidentiality.
 Written procedures to ensure:
□ All records containing personally identifying information of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential; □ The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and □ The address o r location of any housing of a program participant will not be made public, except as provided under a preexisting privacy policy of the recipient or subrecipient and consistent with state and local laws regarding privacy and obligations of confidentiality.
□ Written confidentiality procedures.
 Period of record retention. All records pertaining to each fiscal year of ESG funds must be retained for the greater of 5 years or the period specified below. □ Documentation of each program participant's qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for 5 years after the expenditure of all funds from the grant under which the program participant was served;

□ Where ESG funds are used for the renovation of an emergency shelter involves costs charged to the ESG grant that exceed 75 percent of the value of the building before renovation, records must be retained until 10 years after the date that ESG funds are first obligated for the renovation; and
□ Where ESG funds are used to convert a building into an emergency shelter and the costs charged to the ESG grant for the conversion exceed 75 percent of the value of the building after conversion, records must be retained u ntil 10 years after the date that ESG funds are first obligated for the conversion.
 Access to records.
 Federal government rights. Notwithstanding the confidentiality procedures established under paragraph (w) of this section, HUD, the HUD Office of the Ins pector General, and the Comptroller General of the United States, or any of their authorized representatives, must have the right of access to all books, documents, papers, or other records pertinent to the ESG grant, in order to make audits, examinations, excerpts, and transcripts. These rights of access are not limited to the required retention period but last as long as the records are retained.
 Public rights. Provide citizens, public agencies, and other interested parties with reasonable access (consis tent with state and local laws regarding privacy and obligations of confidentiality and the confidentiality requirements in this part) to records regarding any uses of ESG funds the recipient received during the preceding 5 years.  Reports. The recipient mu st collect and report data on its use of ESG funds in the Integrated Disbursement and Information System (IDIS) and other reporting systems, as specified by HUD. The recipient must also comply with the reporting requirements in 24 CFR parts 85 and 91 and the reporting requirements under the Federal Funding Accountability and Transparency Act of 2006, ( 31 U.S.C. 6101 note), which are set forth in appendix A to 2 CFR part 170.

THE MONITORING PROCESS
Monitoring of ESG-assisted activities takes place on a quarterly and annual basis.

Quarter Reports
Each quarter, subrecipients submit an ESG Subgrantee Report (Exhibit 2), which City staff use to monitor performance measured against the requirements initially outlined in the Eligibility Evaluation (Exhibit 3) and Subrecipient Agreement (Exhibit 4).

Desk Audit
Desk reviews are done at the City and entail a review of reports and other documentation that are submitted to the City that help the City understand how well a project is managed, and whether it is achieving its goals and compliance obligations.

At the close of each program year, City staff issue a monitoring letter (Exhibit 5: Monitoring Notification Letter: On-Site Visit or Exhibit 6: Annual Monitoring Notification Letter: Desk Audit) will be sent to the subrecipient transmitting the following documents to be completed and returned to the City prior to the scheduled monitoring visit:


Monitoring Notification Letter: Desk Audit
A Monitoring Notification Letter: Desk Audit will be sent to the owner/property manager detailing the salient terms of the Subrecipient Agreement that will be the source of monitoring.

 Monitoring Checklist
This report collects information as a basis for conclusions to be included in the Monitoring Summary letter and follow-up (Exhibit 7: Monitoring Checklist).

 Monitoring Summary
A Monitoring Summary Letter will be provided to the subrecipient that serves as the formal notification of the results of the monitoring. All negative conclusions will be considered a finding or concern with a specific required corrective action. A copy is retained in the Project monitoring file.

 A “finding” is a deficiency in project performance evidencing an unmet statutory or regulatory requirement.

 A “concern” relates to project performance -requiring improvement before becoming a finding.

The subrecipient is to provide a written response within 30 days of the date of the Monitoring Summary letter. Upon completion of all corrective actions, a letter is sent to the owner/ property
manager stating that the monitoring findings and concerns have been closed. A copy is retained in the Project monitoring file.

ON-SITE VISIT
On-site monitoring enables the City to conduct a more in-depth level of review than the desk review and entails a visit to the office of the owner or property manager to review documents and source information, as well as observe operations. On-site monitoring is necessary when the risk analysis or desk review suggests that there may be problems, or if a protracted period of time has elapsed since the last visit.

The following steps are to be taken when monitoring on-site:

 Monitoring Notification Letter: On-Site Visit
A Monitoring Notification Letter: On-Site Visit will be sent to the owner/property manager at least two weeks in advance of the monitoring visit. The letter will detail the salient terms of the Subrecipient Agreement that will be the source of monitoring. The letter will also notify the owner/property manager of the date and time of an interview that will be conducted to make sure that the owner and/or manager thoroughly understands the purpose, scope, and schedule for the monitoring.

In addition to the aforementioned reports, these items also are to be reviewed:


Monitoring Summary
After the monitoring visit, a Monitoring Summary letter is forwarded to the subrecipient that serves as the formal notification of the results of the monitoring. All negative conclusions are considered a finding or concern with a specific required corrective action. If relevant, the letter may stipulate steps initiated by the owner/
property manager to correct areas of noncompliance or
nonperformance. A copy is retained in the Project monitoring file.

 A “finding” is a deficiency in project perfor mance evidencing an unmet statutory or regulatory requirement.

 A “concern” relates to project performance requiring improvement before becoming a finding.

The owner/property manager is to provide a written response within 30 days of the date of the Monitoring Summary letter. Upon completion of all corrective actions, a letter is sent to the owner/property manager stating that the monitoring findings and concerns have been closed. A copy is retained in the Project monitoring file.

APPENDIX

Exhibit 1: Summary of Eligible Components, Activities and Expenses

Exhibit 2: ESG Subgrantee Report

Exhibit 3: Eligibility Evaluation

Exhibit 4: Subrecipient Agreement

Exhibit 5: Monitoring Notification Letter: On-Site Visit

Exhibit 6: Annual Monitoring Notification Letter: Desk Audit

Exhibit 7: Monitoring Checklist

Exhibit 1
Summary of Eligible Components, Activities and Expenses

Emergency Solutions Grants Program (ESG) funds may only reimburse cost directly related to the following ESG eligible expenditure program components:

▪ Street Outreach – Unsheltered individuals and families, meaning those who qualify under 24 CFR §

91.5 paragraph (1)(i) of the definition of “homelessness”. Essential Service s to eligible participants provided on the street or in parks, abandoned buildings, bus stations, campgrounds, and in other such settings where unsheltered persons are staying. Staff salaries related to carrying out street outreach activities are eligible.

✓ Essential Services – Services necessary to reach out to unsheltered homeless people; connect them with emergency shelters, housing, or critical services; and provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility.

✓ Engagement – activities to locate, identify, and build relationships with unsheltered homeless people for providing immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and housing programs.

□ Initial assessment of needs and eligibility
□ Providing crisis counseling
□ Addressing urgent physical needs
□ Actively connecting and providing information and referral □ Cell phone costs of outreach workers

✓ Case Management – assessing housing and service needs and arranging/coordinating/ monitoring the delivery of individualized services.

□ Using the centralized or coordinated assessment system □ Initial evaluation/verifying and document eligibility □ Counseling
□ Developing/Securing/Coordinating Services
□ Helping obtain Federal, state, and local benefits
□ Monitoring/evaluating participant progress
□ Providing information and referral to other providers

□ Developing an individualized housing/service plan

✓ Emergency Health Services – Outpatient treatment of urgent medical conditions by licensed medical professionals in community-based settings (e.g. streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility.

□ Assessing participants’ health problems and developing treatment plans □ Assisting participants to understand their health needs □ Providing or helping participants obtain appropriate emergency medical treatment □ Providing medication and follow-up services

✓ Emergency Mental Health Services – Outpatient treatment of urgent mental health conditions by licensed professionals in community-based settings (e.g. streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility.

□ Crisis Intervention
□ Prescription of psychotropic medications
□ Explain the use and management of medications
□ Combinations of therapeutic approaches to address multiple problems

✓ Transportation – Travel by outreach workers, social workers, medical professionals or other service providers during the provision of eligible street outreach services.

□ Transporting unsheltered people to emergency shelters or other service facilities □ Cost of a participant’s travel on public transit
□ Mileage allowance for outreach workers to visit participants □ Purchasing or leasing a vehicle for use in conducting outreach activities, including the cost of gas, insurance, taxes, and maintenance for the vehicle
□ Costs of staff to accompany or assist participant to use public transportation

✓ Services to Special Populations – Otherwise eligible Essential Services that have been tailored to address the special needs of homeless youth, victims of domestic violence, and related crimes/threats, and/or people living with HIV/AIDS who are literally homeless. For all eligible expenses, refer above under Street Outreach.

▪ Emergency Shelter ( Includes Emergency Shelters, Transitional Housing & Day Centers) –eligible participants are individuals and families who are homeless. Essential Services to persons in emergency shelters, renovating buildings to be used as emergency shelters, and operating emergency

shelters are eligible costs. Staff costs related to carrying out emergency shelter activities are also eligible.

✓ Essential Services – Services provided to individuals and families who are in an emergency shelter:

□ Case Management – Assessing, arranging, coordinating, and monitoring individualized services.

➢ Using the centralized or coordinated assessment system ➢ Initial evaluation including verifying and documenting eligibility ➢ Counseling
➢ Developing, securing and coordinating services including Federal, State, and local benefits ➢ Monitoring and evaluating program participant progress ➢ Providing information and referrals to other providers ➢ Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault and stalking
➢ Developing an Individualized Housing and Service Plan

□ Childcare – “Licensed” childcare for program participants with children under the age of 13 or disabled children under the age of 18.

➢ Child care costs
➢ Meals and snacks
➢ Comprehensive and coordinated sets of appropriate developmental activities

□ Education Services – Instruction or training to enhance participants’ ability to obtain and maintain housing: literacy, English literacy, GED, consumer education, health education, and substance abuse prevention.

➢ Educational services/skill-building
➢ Screening, assessment, and testing
➢ Individual or group instruction
➢ Tutoring
➢ Provision of books, supplies and instructional material ➢ Counseling
➢ Referral to community resources

□ Employment Assistance and Job Training – Services assisting participants secure employment and job training programs.

➢ Classroom, online, and/or computer instruction
➢ On the-job instruction
➢ Job finding, skill-building
➢ Reasonable stipends in employment assistance and job training programs ➢ Books and instructional material
➢ Employment screening, assessment, or testing
➢ Structured job-seeking support
➢ Special training and tutoring, including literacy training and pre-vocational training ➢ Counseling or job coaching
➢ Referral to community resources

□ Outpatient Health Services – Direct outpatient treatment of medical conditions provided by licensed medical professionals.

➢ Assessing health problems and developing a treatment plan Emergency Solutions Grants Eligible Expense Guide
➢ Assisting program participants to understand their health needs ➢ Providing or helping participants obtain appropriate medical treatment, preventive medical care, and health maintenance services, including emergency medical services ➢ Providing medication and follow-up services
➢ Providing preventive and non-cosmetic dental care

□ Legal Services – Necessary legal services regarding matters that interfere with the program participant’s ability to obtain and retain housing.

➢ Hourly fees for legal advice and representation by licensed attorneys and certain other fees-for-service
➢ Client intake, preparation of cases for trial, provision of legal advice, representation at hearings, and counseling
➢ Filing fees and other necessary court costs

□ Legal Representation – Legal representation and advice to resolve legal problems that prevent participants from obtaining or retaining permanent housing.

➢ Child support
➢ Guardianship
➢ Paternity
➢ Emancipation
➢ Legal separation
➢ Resolution of outstanding criminal warrants
➢ Appeal of veterans and public benefit claim denials

➢ Orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking

□ Life Skills Training – Critical life management skills necessary to assist the program participant to function independently in the community.

➢ Budgeting resources
➢ Managing money
➢ Managing household
➢ Resolving conflict
➢ Shopping for food and needed items
➢ Improving nutrition
➢ Using public transportation
➢ Parenting

□ Mental Health Services – Direct outpatient treatment of mental health conditions by licensed professionals.

➢ Crisis intervention
➢ Individual, family, or group therapy sessions
➢ Prescription of psychotropic medications or explanations about the use and management of medications
➢ Combinations of therapeutic approaches to address multiple problems

□ Substance Abuse Treatment Services – Substance abuse treatment provided by licensed or certified professionals, designed to prevent, reduce, eliminate or deter relapse of substance abuse or addictive behaviors.

➢ Client intake and assessment
➢ Outpatient treatment for up to thirty days
➢ Group and individual counseling
➢ Drug testing

□ Transportation – Costs of travel by program participants to and from medical care, employment, childcare, or other facilities that provide eligible essential services; and cost of staff travel to support provision of essential services.

➢ Cost of program participant’s travel on public transportation ➢ Mileage allowance for service workers to visit participants ➢ Purchasing or leasing a vehicle used for transport of participants and/or staff serving participants, including the cost of gas, insurance, taxes, and maintenance for the vehicle

➢ Travel costs of staff to accompany or assist program participants to use public transportation

□ Services for Special Populations – Otherwise eligible essential services tailored to address the special needs of homeless youth, victims of domestic violence, and related crimes/threats and people living with HIV/AIDS in emergency shelters.

➢ See all eligible expenses above under Essential Services

□ Rehabilitation and Renovation – Renovating buildings used as emergency shelter for homeless families and individuals.

➢ Labor
➢ Materials
➢ Tools
➢ Other costs for renovation, including soft costs
➢ Major rehabilitation of an emergency shelter
➢ Conversion of a building into an emergency shelter

□ Shelter Operations – Costs to operate and maintain emergency shelter activities and also provide other emergency lodging when appropriate.

➢ Maintenance (including minor or routine repairs)
➢ Rent
➢ Security
➢ Fuel
➢ Insurance
➢ Utilities
➢ Food
➢ Furnishings
➢ Equipment
➢ Supplies necessary for the operation of emergency shelter activities ➢ Hotel and motel voucher for family or individuals Note:* Hotel or motel vouchers are only eligible when no appropriate emergency shelter is available.

□ Assistance Required under URA – Assistance required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as described in subpart E of the interim regulations.

➢ Costs of providing URA assistance under 24 CFR § 576.408, including relocation payments and other assistance to persons displaced by a project assisted with ESG funds.

(Note: Persons that receive URA assistance are not considered “program participants” for the purposes of this part of ESG and relocation payments and other URA assistance are not considered “rental assistance” or “housing relocation and stabilization services” for the purposes of this part under ESG.

▪ Homelessness Prevention – individuals and families who are at imminent risk or at risk of homelessness, meaning those who qualify under 24 CFR 576.2 paragraph (1) of the homeless definition or those who qualify as at risk of homelessness. Individuals and families must have an income below 30% of AMI. Short and medium-term rental assistance and housing relocation and stabilization services are eligible activities. Staff salaries related to carrying out homelessness prevention activities are also eligible.

▪ Housing Relocation and Stabilization Services

□ Financial Assistance

➢ Moving Costs – moving costs, such as truck rental or hiring a moving company, including certain temporary storage fees.
➢ Rent Application Fees – application fee that is charged by the owner to all applicants. ➢ Security Deposit – equal to no more than 2 months’ rent. ➢ Last Month’s Rent – paid to the owner of housing at the time security deposit and first month’s rent are paid.
➢ Utility Deposit – standard utility deposit required by the utility company for all customers (i.e. gas, electric, water/sewage).
➢ Utility Payments – up to 24 months of utility payments per participant per service (i.e. gas, electric, water/sewage), including a 1 time payment up to 6 months of arrearages, per service.

□ Services

➢ Housing Search and Placement

o Assessment of housing barriers, needs and preferences o Development of an action plan for locating housing
o Housing search and outreach to and negotiation with owner o Assistance with submitting rental applications and understanding leases o Assessment of housing for compliance with ESG requirements for habitability, lead based paint and rent reasonableness
o Assistance with obtaining utilities and making moving arrangements o Tenant counseling

➢ Housing Stability Case Management – Assessing, arranging, coordinating, and monitoring the delivery of individualized services to facilitate housing stability

o Using the centralized or coordinated assessment system conduct the initial evaluation and reevaluation
o Counseling
o Developing, securing, and coordinating services including Federal, state, and local benefits
o Monitoring and evaluating program participant progress o Providing information and referrals to other providers o Developing an Individualized Housing and Service Plan

➢ Mediation – Mediation between the program participant and the owner or person(s) with whom the program participant is living, to prevent the program participant from losing permanent housing in which they currently reside.

o Time and/or services associated with mediation activities

➢ Legal Services – legal services that are necessary to resolve a legal problem that prohibits the program participant from obtaining or maintaining permanent housing.

o Hourly fees for legal advice and representation
o Fees based on the actual service performed (i.e. fee for service), but only if the cost would be less than the cost of hourly fees
o Client intake, preparation of cases for trial, provision of legal advice, representation at hearings, and counseling
o Filing fees and other necessary court costs
o Subrecipient’s employees’ salaries and other costs necessary to perform the series, if the subrecipient is a legal services provider and performs the services itself

➢ Legal Representation may be provided for:
.

o Landlord/tenant matters
o Child support
o Guardianship
o Paternity
o Emancipation
o Legal Separation
o Resolution of outstanding criminal warrants
o Orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking

o Appeal of veterans and public benefit claim denials

➢ Credit Repair – services necessary to assist program participants with critical skills related to household budgeting, managing money, accessing a free personal credit report, and resolving personal credit problems (Note: Assistance cannot include the payment or modification of a debt).

o Credit counseling
o Other related Services

□ Short and Medium-Term Rental Assistance

➢ Short-Term Rental Assistance -up to 3 months
➢ Medium-Term Rental Assistance – 4 to 24 months
➢ Payment of Rental Arrears – Onetime payment up to 6 months, including any late fees on those arrears
➢ Any Combination of the Three Types of Rental Assistance Above – Total not to exceed 24 months during any 3-year period, including any payment for last month’s rent.

▪ Rapid Re-Housing – individuals and families who are literally homeless, meaning those who qualify under 401(1) McKinney-Vento Act of the definition of homeless. Short and medium-term rental assistance and housing relocation and stabilization services are eligible activities. Staff salaries related to carrying out Rapid Re-Housing activities are also eligible.

✓ Relocation and Stabilization Services above.

✓ Short and Medium-Term Rental Assistance – See Short and Medium-Term Rental Assistance above.

▪ HMIS – the HEARTH Act makes HMIS participation a statutory requirement for ESG subrecipients.

Victim service providers cannot and Legal Services Organizations may choose not to, participate in HMIS. Providers that do not participate in HMIS must use a comparable database that produces unduplicated, aggregate reports instead. Activities funded under this component must comply with HUD’s standards on participation, data collection and reporting under a local HMIS.

✓ Hardware, Equipment and Software Costs

□ Purchasing or leasing computer software
□ Purchasing software or software licenses
□ Purchasing or leasing equipment, including telephones, faxes, and furniture

✓ Staffing: Paying salaries for operating HMIS, including:

□ Data collection
□ Completing data entry
□ Monitoring and reviewing data quality
□ Completing data analysis
□ Reporting to the HMIS Lead
□ Training staff on using the HMIS or comparable database □ Implementing and complying with HIMIS requirements

✓ Training and Overhead

□ Obtaining technical support
□ Leasing office space
□ Paying charges for electricity, gas, water, phone service and high-speed data transmission necessary to operate or contribute data to HMIS
□ Paying costs of staff to travel to and attend HUD-sponsored and HUD-approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act
□ Paying staff travel costs to conduct intake
□ Paying participation fees charged by the HMIS Lead

▪ Administration

✓ General Management / Oversight / Coordination – Costs of overall program management, coordination, monitoring, and evaluation

□ Administrative services performed under third party contracts or agreements, including general legal services, accounting services, and audit services

□ Other costs for goods and services required for administration of the program, including rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space

□ Staff salaries, wages, and related costs of staff engaged in eligible program administration activities

✓ Training on ESG Requirements

□ Costs of providing training on ESG requirements and attending HUD-sponsored ESG trainings

✓ Consolidated Plan

□ Costs of preparing and amending the ESG and homelessness related sections of the consolidated plan in accordance with ESG requirements and 24 CFR part 91

✓ Environmental Review

□ Costs of carrying out the environmental review responsibilities under 24 CFR § 576.407 of the HUD regulations

▪ Ineligible Costs. .

✓ Emergency Shelter

□ Legal Services Ineligible Costs:
.

➢ Legal Services for immigration and citizenship matters ➢ Issues related to mortgages
➢ Retainer fee arrangements and contingency fee arrangements ➢ Substance abuse treatment services for inpatient detoxification and other inpatient drug or alcohol treatment are ineligible costs

✓ Homelessness Prevention and Rapid Re-housing

□ Housing Relocation and Stabilization Services Ineligible Costs:
.

➢ Payment of temporary storage fees in arrears
➢ No financial assistance to a household for a purpose and time period supported by another public source
➢ Credit Repair assistance does not include the payment or modification of a debt

□ Rental Assistance Ineligible Cost:
.

➢ Late payment penalties.

✓ Administration

□ General management / Oversight / Coordination Ineligible Cost:
.

Purchase of office space.

Exhibit 2
ESG Subgrantee Report

(See Attachment)

Exhibit 3
Eligibility Evaluation

PROJECT INFORMATION

APPLICANT CONTACT INFORMATION
Agency/Program:

Contact Person/Title:

Street Address:

City, State, Zip:

Telephone & Email:

PROJECT
DESCRIPTION This program funds ----

OUTCOME
STATEMENT During FY 2014-15, the subrecipient will implement the ---- Program to assist ---- persons.

OBJECTIVE

CATEGORY
Suitable Living Environment Decent Housing Economic Opportunity NA

OUTCOME

CATEGORY
Availability/Accessibility Affordability Sustainability NA

PERFORMANCE INDICATOR

New (continuing) Access NA

Improved Access

Receiving a service or benefit no longer substandard

PROJECT LOCATION (See Attached Map):

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ACTIVITY ELIGIBILITY (check at least one
applicable category)
Allowable
Activity Allowable
Costs
Street Outreach
Essential Service s (24 CFR 576.101).

Includes the provision of Essential Services to
unsheltered homeless individuals (those who
qualify under 24 CFR 91.5 paragraph (1)(i) of
the definition of “homelessness”); connect the
homeless with emergency shelter, housing, or
critical services; and provide urgent non -facility-
based care to unsheltered homeless individuals
unwilling or unable to access emergency
shelter, housing or an appropriate health
facility.

Engagement. The cost of activities to
locate, iden tify, and build
relationships with unsheltered
homeless people for the purpose of
providing immediate support,
intervention, and connections with
homeless assistance programs
and/or mainstream social services
and housing programs.

Initial assessment of needs and
eligibility
Providing crisis counseling
Addressing urgent physical needs
Actively connecting and providing
information and referral
Cell phone costs of outreach
workers
Case Management. Assessing
housing and service needs and
arranging/coordinating/ monitoring
the delivery of individualized services.

Initial evaluation/verifying and
document eligibility
Counseling
Developing/Securing/Coordinating
Services
Helping obtain Federal, state, and
local benefits
Monitoring/evaluating participant
progress
Providing information and referral to
other providers
Developing an individualized
housing/service plan
Emergency Health Services .

Outpatient treatment of urgent
medical conditions by license d
medical professionals in community
based settings (e.g. streets, parks,
and campgrounds) to eligible
participants unwilling or unable to
access emergency shelter or an
appropriate healthcare facility.

Assessing participants’ health
problems and developing treatment
plans
Assisting participants to understand
their health needs
Providing or helping participants
obtain appropriate emergency
medical treatment
Providing medication and follow-up
services
Emergency Health Services and
Emergency Mental Health
Services. Outpatient treatment of
urgent mental health conditions by
licensed professionals in community -
based settings (e.g. streets, parks,
and campgrounds) to eligible
participants unwilling or unable to
access emergency shelter or an
appropriate healthcare facility
Crisis Intervention
Prescription of psychotropic
medications
Explain the use and management of
medications
Combinations of therapeutic
approaches to address multiple
problems

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ACTIVITY ELIGIBILITY (check at least one
applicable category)
Allowable
Activity
Allowable
Costs
Street Outreach (continued)
\
Transportation. Travel by outreach
workers, social workers, medical
professionals or other service
providers while providing eligible
street outreach services

LMA Transporting unsheltere d
people to emergency shelters or
other service facilities
Cost of a participant’s travel on
public transit
Mileage allowance for outreach
workers to visit participants

Purchasing or leasing a vehicle for
use in conducting outreach
activities, including the cost of gas,
insurance, taxes, and maintenance
for the vehicle

Costs of staff to accompany or
assist participant to use public
transportation
Services to Special Populations.

Otherwise eligible Essential Services
that have been tailored to address
the special needs of homeless youth,
victims of domestic violence, and
related crimes/threats, and/or people
living with HIV/AIDS who are literally
homeless.

Identify specific costs; all eligible
expenses above under Street
Outreach

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I
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-

ACTIVITY ELIGIBILITY (check at least one
applicable category) Allowable
Activity Allowable
Costs
Emergency Shelter (Includes Emergency Shelters, Transitional Housing & Day Centers) Essential Services. Provided to persons in
emergency shelters, renovating buildings to be
used as emergency shelters, and operating
emergency shelters

Case Management. Assessing,
arranging, coordinating, and
monitoring individualized services.

Using the centralized or coordinated
assessment system
Initial evaluation including verifying
and documenting eligibility
Counseling

Developing, securing and
coordinating services including
Federal, State, and local benefits
Monitoring and evaluating program
participant progress
Providing information and referrals to
other providers

Providing ongoing risk assessment
and safety planning with victims of
domestic violence, dating violence,
sexual assault and stalking
Developing an Individualized Housing
and Service Plan
Child Care. “Licensed” child care for
program participants with children
under the age of 13 or disabled
children under the age of 18.

Child care costs
Meals and Snacks
Comprehensive coordinated sets of
appropriate developmental activities

Education Services. Instruction or
training to enhance participants’
ability to obtain and maintain housing:
literacy, English literacy, GED,
consumer education, health
education and substance abuse
prevention.

Educational services/skill-building
Screening, assessment, and testing
Individual or group instruction
Tutoring
Provision of books, supplies and
instructional material
Counseling
Referral to community resources

Employment Assist ance and Job
Training. Services assisting
participants secure employment and
job training programs.

Classroom, online, and/or computer
instruction
On the-job instruction
Job finding, skill-building
Reasonable stipends in employment
assistance job training programs
Books and instructional material
Employment screening, assessment,
or testing
Structured job-seeking support
Special training , tutoring including
literacy training, re-vocational training
Counseling or job coaching
Referral to community resources

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ACTIVITY ELIGIBILITY (check at least one
applicable category) Allowable
Activity Allowable
Costs
Emergency Shelter (Includes Emergency Shelters, Transitional Housing & Day Centers) (continued)

.

Outpatient Health Services. Direct
outpatient treatment of medical
conditions provided by licensed
medical professionals.

Assessing health problems and
developing a treatment plan
Providing or helping participants
obtain appropriate med ical treatment,
preventive medical care, and health
maintenance services, including
emergency medical services
Providing medication and follow-up
services
Providing preventive and non-
cosmetic dental care
Legal Services. Necessary legal
services regarding matters that
interfere with the program
participant’s ability to obtain and
retain housing
Hourly fees for legal advice and
representation by licensed attorneys
and certain other fees-for-service
Client intake, preparation of cases for
trial, provision of legal advice,
representation at hearings, and
counseling
Filing fees and other necessary court
costs
Legal Representation. Legal
representation and advice to resolve
legal problems that prevent
participants from obtaining or
retaining permanent housing.

Child support
Guardianship
Paternity
Emancipation
Legal separation
Resolution of outstanding criminal
warrants
Appeal of veterans and public benefit
claim denials
Orders of protection and other civil
remedies for victims of domestic
violence, dating violence, sexual
assault, and stalking
Life Skills Training. Critical life
management skills necessary to
assist the program participant to
function independently in the
community.

Budgeting resources
Managing money
Managing household
Resolving conflict
Shopping for food and needed items
Improving nutrition
Using public transportation
Parenting

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ACTIVITY ELIGIBILITY (check at least one
applicable category) Allowable
Activity Allowable
Costs
Emergency Shelter (Includes Emergency Shelters, Transitional Housing & Day Centers) (continued)

..

.

.Mental Health Services. Direct
outpatient treatment of mental health
conditions by licensed professionals
Crisis intervention
Individual, family, or group therapy
sessions
Prescription of psychotropic medications
or explanations about the use and
management of medications
Combinations of therapeutic approaches
to address multiple problems
Substance Abuse Treatment
Services. Substance abuse
treatment provided by licensed or
certified professionals, designed to
prevent, reduce, eliminate or deter
relapse of substance abuse or
addictive behaviors
Client intake and assessment
Outpatient treatment for up to thirty days
Group and individual counseling
Drug testing
Transportation. Costs of travel by
program participants to and from
medical care, employment, child care,
or other facilities that provide eligible
essential ser ices; and cost of staff
travel to support provision of essential
services.

Cost of program par ticipant’s travel on
public transportation
Mileage allowance for service workers to
visit participants
Purchasing or leasing a vehicle used for
transport of participants and/or staff
serving participants, including the cost of
gas, insurance, taxes, and maintenance
for the vehicle
Travel costs of staff to accompany or
assist program participants to use public
transportation
Services for Special Populations.

Otherwise eligible essential services
tailored to address the special needs
of homeless youth, victims of
domestic violence, and related
crimes/threats and people living with
HIV/AIDS in emergency shelters.

See all eligible expenses above unde r
Essential Services

Rehabilitation and Renovation.

Renovating buildings to be used as
emergency shelter for homeless
families and individuals.

Labor
Materials
Tools
Other costs for renovation, including soft
costs
Major rehabilitation of an emergency
shelter
Conversion of a building into an
emergency shelter

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ACTIVITY ELIGIBILITY (check at least one
applicable category) Allowable
Activity Allowable
Costs
Emergency Shelter (Includes Emergency Shelters, Transitional Housing & Day Centers) (continued) Shelter Operations

.

Shelter Operations . Costs to
operate and maintain emergency
shelter activities and also provide
other emergency lodging when
appropriate. *

*Hotel or motel vouchers are only
eligible when no appropriate
emergency shelter is available
Maintenance (in cluding minor or routine
repairs)
Rent
Security
Fuel
Insurance
Utilities
Food
Furnishings
Equipment
Supplies necessary for the operation of
emergency shelter activities
Assistance Required under URA.

Assistance Required under URA.

Assistance required und er the
Uniform Relocation Assistance and
Real Property Acquisition Policies Act
of 1970 (URA) as described in
subpart E of the interim regulations

Costs of providing URA assistance
under 24 CFR § 576.408, including
relocation payments a nd other
assistance to persons displaced by a
project assisted with ESG funds. *
*Persons that receive URA assistance
are not considered “program
participants” for the purposes of this part
of ESG and relocation payments and
other URA assistance are not
considered “rental assistance” or
“housing relocation and stabilization
services” for the purposes of this part
under ESG.

ACTIVITY ELIGIBILITY (check at least one Allowable Allowable

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applicable category) Activity Costs
Homelessness Prevention (24 CFR 576.103) and Rapid Re-Housing (24 CFR 576.104)

Housing Relocation and
Stabilization Services
Financial Assistance Moving Costs. M oving costs, such as truck rental or hiring a moving company,
including certain temporary storage
fees.

Rent Application Fees. A pplication fee
that is charged by the owner to all
applicants.

Security Deposit. Equal to no more than
2 months’ rent.

Last Month’s Rent. P aid to the owner of
housing at the time security deposit and
first month’s rent are paid.

Utility Deposit. Standard utility deposit
required by the utility company for all
customers (i.e. gas, electric,
water/sewage).

Utility Payments. Up to 24 months of
utility payments per participant per
service (i.e. gas, electric,
water/sewage), including a 1 time
payment up to 6 months of arrearages,
per service.

Services: Housing Search and
Placement:

Assessment of housing barriers, needs
and preferences
Development of an action plan for
locating housing
Housing search and outreach to and
negotiation with owner
Assistance with submitting rental
applications and understanding leases
Assessment of housing for compliance
with ESG requirements for habitability,
lead based paint, a nd rent
reasonableness
Assistance with obtaining utilities and
making moving arrangements
Tenant counseling
Assessment of housing barriers, needs
and preferences
Housing Stability Case
Management. Assessing, arranging,
coordinating, and monitoring the
delivery of individualized services to
facilitate housing stability
Using the centralized or coordinated
assessment system conduct the initial
evaluation and reevaluation

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ACTIVITY ELIGIBILITY (check at least one
applicable category) Allowable
Activity Allowable
Costs
Homelessness Prevention (24 CFR 576.103) and Rapid Re-Housing (24 CFR 576.104) (continued)

.

Counseling
Developing, securing, and coordinating
services including Federal, state, and
local benefits
Monitoring and evaluating program
participant progress
Providing infor mation and referrals to
other providers

Developing an Individualized Housing
and Service Plan
Services: Mediation. Time and/or services associated with mediation activities between the
program participant a nd the owner or
person(s) with whom the program
participant is living, to prevent the
program participant from losing
permanent housing in which they
currently reside.

Legal Services. Legal services that
are necessary to resolve a le gal
problem that prohibits the program
participant from obtaining or
maintaining permanent housing
Hourly fees for legal advice and
representation
Fees based on the actual service
performed (i.e. fee for service) , but only
if the cost would be less than the cost of
hourly fees
Client intake, preparation of cases for
trial, provision of legal advice,
representation at hearings and
counseling
Services: Legal Representation Landlord/tenant matters Child support
Guardianship
Paternity
Emancipation
Legal Separation
Resolution of outstanding criminal
warrants
Orders of protection and other civil
remedies for victims of domestic
violence, dating violence, sexual assault
and stalking

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ACTIVITY ELIGIBILITY (check at least one
applicable category) Allowable
Activity Allowable
Costs
Homelessness Prevention (24 CFR 576.103) and Rapid Re-Housing (24 CFR 576.104) (continued)

.

Services: Credit Repair . Services
necessary to assist program
participants with critica l skills related
to household budgeting, managing
money, accessing a free personal
credit report, and resolving personal
credit problems*

* Assistance cannot include the
payment or modification of a debt.

Credit counseling
Other related Services
Short and Medium-Term Rental Assistance Short-Term Rental Assistance.

Extended up to 3 months
Rental Assistance: rental assistance and
rental arrears
Medium-Term Rental Assistance .

Extended 4 to 24 months
rental application fees, security and
utility deposits, utility payments, last
month's rent, moving costs

Payment of Rental Arrears. Onetime
payment up to 6 months, including
any late fees on those arrears

Any Combination of the Three
Types of Rental Assistance Above.

Total not to exceed 24 months during
any 3 year period, including any
payment for last month’s rent.

HMIS (24 CFR 576.107)
HMIS. The HEARTH Act makes HMIS
participation a statutory requirement for ESG
subrecipients. Activities funded under this
component must comply with HUD’s standards
on participation, data collection and reporting
under a local HMIS.

Hardware, Equipment and Software
Costs

Purchasing or leasing computer
software
Purchasing software or software
licenses
Purchasing or leasing equipme nt,
including telephones, faxes, and
furniture
Staffing: Paying salaries for
operating HMIS
Data collection
Completing data entry
Monitoring and reviewing data quality
Completing data analysis
Reporting to the HMIS
Training staff on using the HMIS or
comparable database
Implementing and complying with HIMIS
requirements

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ACTIVITY ELIGIBILITY (check at least one
applicable category) Allowable
Activity Allowable
Costs
HMIS (24 CFR 576.107) (continued)
Training and Overhead

Obtaining technical support
Leasing office space
Paying charges for electricity, gas,
water, phone service and high speed
data transmission necessary to operate
or contribute data to HMIS
Paying costs of staff to travel to and
attend HUD -sponsored and HUD
approved training on HMIS and
programs authorized by Title IV of the
McKinney-Vento Homeless Assistance
Act
Paying staff travel costs to conduct
intake
Paying participation fees charged by th e
HMIS

Is the project an ineligible activity? (Double-check that it is none of the following.) (570.207) Emergency Shelter Legal Services:

Legal Services for immigration and citizenship matters
Issues related to mortgages
Retainer fee arrangements and contingency fee arrangements Substance abuse treatment services for inpatient detoxification and other inpatient drug or alcohol treatment are ineligible costs Homelessness Prevention and Rapid Re-housing/
Housing Relocation and Stabilization Services:

Payment of temporary storage fees in arrears
No financial assistance to a household for a purpose and time period supported by another public source Credit Repair assistance does not include the payment or modification of a debt Rental Assistance
Late payment penalties.

Administration
General management / Oversight / Coordination
Purchase of office space.

Bad debts (e.g., late fees shown on invoices), , grant writing, public relations events, staff training, attending conferences, advertising, and entertainment
PROJECT FUNDING/ MATCHING REQUIREMENT (24 CFR 576.201)
Subrecipient’s estimated cost:

Recommended ESG funding:

Match sources (amount & source):*
*Matching contributions in an amount
that equals the amount of ESG funds
applied for, and awarded . Matching

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contributions may be obtained from any
source, including any federal source
other than the ESG Program, as well as
State, local, and private sources.

ESG share of City’s estimated total cost

CONSOLIDATED OR ACTION PLAN
Yes Is the project consistent with a priority need or objective identified in the Consolidated Plan? If not, a Plan amendment wil l be needed, following the Citizen Participation Plan. Identify the priority:

No
Yes Is the project identified in the current Action Plan or as a previous Action Plan activity for which there are still sufficie nt funds? If not, if this is a “substantial amendment” per the Citizen Participation Plan, a Plan a mendment will be needed to implement the project.

No
CONTINUUM OF CARE CONSULTATION (24 CFR 576.400(a))
Yes Project is consistent with local CoC: (1) determine how ESG funds will be allocated in that region; (2) i dentify the performance standards for evaluating the outcomes of projects and activities; and (3) identify the funding, policies and procedures for the administration and operation of the HMIS, if appropriate (24 CFR 576.400(a)).

No
Yes Subrecipient has coordinated and integrated, to the maximum extent practicable, ESG -funded activities with other programs targeted to homeless people in the area covered by the CoC to provide a strategic, community -wide system to prevent and end homelessness for the area (24 CFR 576.400(c)). No Yes Subrecipient has coordinated and integrated, to the maximum extent practicable, ESG -funded activities with mainstream housing, health, social servic es, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible (24 CFR 576.400(d)). No Yes If the CoC has developed Wr itten Standards in accordance with the requirements outlined in 24 CFR 576.400(e)(2)(3), is the subrecipient using those written standards. No
NA
Yes If the CoC has not yet established its Written Standards, has subrecipient established and applied written standards for providing ESG Assistance per 24 CFR 576.400 (e)(2)(3). No NA
Participation in HMIS
Yes The subrecipient has ensured that data on all persons served and all activities assisted under ESG are entered into the HMIS. If subrecipient is a Victim Service Provider or a Legal Services Provider, it may use a comparable database that collects client level data over time (i.e ., longitudinal data) and generates unduplicated aggregate reports based on the data.

Information entered into a comparable database must not be entered directly into or provided to an HMIS (24 CFR 576.400(f)). No

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RECOMMENDATION AND COMMENTS
Comments:

PREPARER’S SIGNATURE
Signature: Date:

Name: Title:

CITY REVIEWER SIGNATURE
Signature: Date:

Name: Title:

CITY REVIEWER SIGNATURE
Signature: Date:

Name: Title:

ATTACHMENTS
.

Exhibit 4
Subrecipient Agreement

EMERGENCY SOLUTIONS GRANT PROGRAM

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF GARDEN GROVE
AND (Insert Organization)
FOR (Insert activities that are being funded)
This agreement is made and entered into this (Insert date), by and between the CITY OF GARDEN GROVE, a municipal corporation of the State of California, hereinafter referred to as "CITY," and (Insert name of Subrecipient), a nonprofit corporation under the laws of the State of California, hereinafter referred to as "SUBRECIPIENT."

RECITALS
The following recitals are a substantive part of this agreement:

1. The CITY has applied for and received funds, Community Development Block Grant (CDBG), CFDA No. 14.218, and Emergency Solution Grant (ESG), CFDA No. 14.231, from the U.S. Department of Housing and Urban Development (HUD) under subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act of 1974, (42 U.S.C. 11371-11378); and

2. The CITY’s Annual Action Plan submitted to HUD includes the PROJECT described herein and indicates that a portion of the funds, received from HUD shall be allocated to SUBRECIPIENT; and

3. HUD has accepted and certified the aforementioned Annual Action Plan; and

4. The CITY wishes to engage the SUBRECIPIENT to provide (Insert activities that are being funded) , as set forth in CITY’s Annual Action Plan, in accordance with the Scope of Services (Attachment A) of this agreement (the “PROJECT”); and

5. The provision of this service is an eligible expenditure of available Emergency Solutions Grant (ESG) Program funds, Catalogue of Federal Domestic Assistance (CFDA) 14.231, of the CITY, required to carry out the purpose of the ESG Program under 24 CFR 576.1.

AGREEMENT
The parties mutually agree as follows:

1. Term of Agreement . This agreement shall cover services rendered from (Insert start date of agreement) until (Insert date that the contract will expire) . The term of this agreement and the provisions herein shall be extended to cover any additional time period during which the SUBRECIPIENT remains in control of ESG funds or other assets, including program income. Subrecipient shall remain obligated to perform such duties as would normally extend beyond the end date of reimbursable activities, including, but not limited to, indemnification, audits, reporting, and accounting.

2. Services to be Provided . As a condition of receiving ESG funding pursuant to this agreement, the SUBRECIPIENT shall perform all the services necessary to administer the PROJECT as described in the CITY’s Annual Action Plan and as set for th in the Scope of Services described in Attachment A to this agreement, a copy of which is attached hereto

and incorporated herein by this reference. The Scope of Services includes the following components:

2.1 Activities. The SUBRECIPIENT will be responsible for administering the services with Fiscal (Insert year) ESG Program funds to qualified Garden Grove residents in a manner satisfactory to the CITY and consistent with any and all standards required as a condition of providing these funds, the terms of this agreement, and all applicable Federal, State and local laws, guidelines, policies and regulations.

a. Program Delivery. The Scope of Services includes a description of each activity eligible under the ESG Program, the products or services to be performed, where they are to be provided, for whom they are to be provided, and how many they are to be provided.

b. General Administration . A description of the SUBRECIPIENT’s general administrative services to be performed in support of the activities is noted i n the Scope of Services. A schedule for the completion of these services and goals is included in the Scope of Services. The services will include activities eligible under the ESG Program.

2.2 The Eligible Expense Guide The Eligible Expense Guide, attached hereto as Attachment B and incorporated herein by reference, details what activities are eligible for reimbursement with ESG funds, and includes the following components:

a. Eligible Activities. A complete description of each activity eligible under the ESG Program, the products or services to be performed, where the services are to be provided and for how long services are to be provided.

b. Participant Qualifications. A description of client qualification to receive ESG services, including the definitions of “at risk” and “homeless”, and maximum gross household income.

2.3 Emergency Solutions Program Objectives. All activities funded with ESG funds are limited to ones that increase the number and quality of emergency shelters and transitional housing facilities for homeless individuals and families and to operate these facilities, and provide essential social services, homelessness prevention and rapid rehousing services.

2.4 Level of Accomplishment-Goals and Performance Measures. The Scope of Services includes measurements for each activity per quarter and year-to-date.

2.5 Performance Monitoring. The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards required herein.

Substandard performance as determined by the CITY will constitute non- compliance with this agreement. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, Agreement suspension or termination procedures will be initiated.

3. Disbursement of Funds. SUBRECIPIENT shall receive ESG Funds as follows:

3.1 Amount. It is expressly agreed and understood that the total amount to be paid by the CITY under this agreement shall not exceed (Insert amount funded to

Subrecipient). Payment may be contingent upon certification of the SUBRECIPIENT’s financial management system in accordance with the standard specified in 2 CFR Part 200.

3.2 Not to Exceed. ESG Funds under this agreement shall not exceed (Insert amount funded). If the costs of services provided exceed (Insert amount funded) , the SUBRECIPIENT shall pay all additional costs. If the cost of services provided is less than (Insert amount funded), the CITY shall retain all unused funds.

3.3 Budget. Drawdowns for the payment of eligible expenses shall be made in accordance with the line item budgets specified in the Project Budget set forth in Attachment A hereto, and in accordance with the payment procedures set forth in Section 5.10 of this agreement.

3.4 Prohibition of Subrecipient Income from ESG Funds. Subrecipient agrees that it shall not use ESG Funds in any manner which shall provide income to Subrecipient, other than Program Income. Any earned interest income on funds generated through the use of investment of funds received from ESG shall be cause, at the discretion of the City, for recapture of such income and/or the full amount of funds originally granted to Subrecipient.

4. General Conditions . During the performance of this agreement, the SUBRECIPIENT agrees as follows:

4.1 General Compliance. The SUBRECIPIENT agrees to comply with applicable Uniform Administrative Requirements of Title 2 of the Code of Federal Regulations as well as the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S.

Housing and Urban Development regulations concerning the Emergency Solutions Grant Program (ESG) including 24 CFR 576.407 of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient’s environmental responsibilities described in 24 CFR 576.407 (d) and (2) the SUBRECIPIENT does not assume the recipient’s responsibility for initiating the environmental review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this agreement. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available.

Subrecipient shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Agreement or the ESG Program, including all Cal/OSHA requirements, and shall give all notices required by law. Subrecipient shall be liable for all violations of such laws and regulations in connection with performing work related to the Agreement or ESG Program. If Subrecipient performs any work or services in violation of such laws, rules, and regulations, Subrecipient shall be solely responsible for all penalties and costs arising therefrom. Subrecipient shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

4.2. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or mailed to the below listed addresses,

or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.

Address of CITY is as follows: With One (1) Copy to:

City of Garden Grove City of Garden Grove
Attn: Neighborhood Improvement
Division, 3rd Floor
Attn: City Attorney
City Attorney’s Office
Community and Economic
Development Department
11222 Acacia Parkway
Garden Grove, CA 92840-5208
11222 Acacia Parkway
Garden Grove, CA 92840-5208

Address of SUBRECIPIENT:
(Name of Subrecipient)
Attn: (Contact name)
(Contact title)

(Address)

4.3. Independent Contractor. Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an independent contractor with respect to the services to be performed under this agreement. All persons employed for the performance of services and functions hereunder shall be officers, agents, or employees (including volunteers) of SUBRECIPIENT and shall not be deemed to be those of CITY; no CITY officer, agent, or employee shall be under control or supervision of SUBRECIPIENT, and no SUBRECIPIENT officers, agents or employees (including volunteers), shall have any entitlement to wages, pension, civil service, or any status or rights with CITY. The CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor.

4.4 Licensing. Prior to performing any services or work hereunder Subrecipient shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work and services required by this Agreement and ESG Funds. Subrecipient represents and warrants to City that Subrecipient shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Subrecipient to perform the work and services required or authorized by this Agreement or ESG Funds. Subrecipient shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Subrecipient's performance of the work and services required or authorized by this Agreement or ESG Funds, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the work or services set forth in the ESG Program.

4.5 Ineligibility of Subrecipient or Contractors. Subrecipient shall not use ESG Funds directly or indirectly in its operations or to employ, award contracts to, or

otherwise engage the services of, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status of the Subrecipient or such contractor under the provisions of the applicable federal regulations governing ESG funds, projects, or programs.

4.6 Prohibition of Expending ESG Funds to Obtain Other Funding. Subrecipient shall in no event expend ESG Funds granted hereunder to fund another service provider, to pay a contractor for services outside the scope of this Agreement, to apply for other public agencies' program funds, or to supplant another funding source, unless expressly approved by the City.

4.7 Unauthorized Aliens. Subrecipient represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Subrecipient so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Subrecipient hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.

4.8 Hold Harmless. SUBRECIPIENT agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by SUBRECIPIENT, SUBRECIPIENT's agents, officers, employees, subcontractors, or independent contractors hired by SUBRECIPIENT. The only exception to SUBRECIPIENT's responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT.

4.9 Commencement of Work: SUBRECIPIENT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. All subcontractors, consultants, and agents shall be required to provide the same insurance as that required of the SUBRECIPIENT. SUBRECIPIENT shall be responsible to collect and maintain all insurance required of all subcontractors, consultants, and agents.

4.10 Insurance: For the Theduration of this agreement SUBRECIPIENT shall maintain the following insurance.

a. Workers Compensation Insurance. SUBRECIPIENT shall maintain workers compensation insurance in the amount and type required by California law, if

applicable.

b. Commercial General Liability in an amount not less than $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies m ust be acceptable to CITY and have an A.M. Best’s Guide Rating of A-, Class VII or better, as approved by CITY.

c. Automobile Liability in an amount not less than $1,000,000 combined single limit; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an A.M. Best’s Guide Rating of A-, Class VII or better, as approved by CITY.

d. Sexual Misconduct in an amount not less than $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by CITY (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an A.M. Best’s Guide Rating of A -, Class VII or better, as approved by CITY. (IF APPLICABLE)

e. Professional Liability in an amount not less than $1,000,000 per occurrence/per claim; Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

f. Directors & Officers Liability in an amount not less than $1,000,000 per occurrence/per claim; Insurance companies must be acceptable to CITY and have an A.M. Best’s Guide Rating o f A-, Class VII or better, as approved by the CITY.

Additional Insured Endorsements and Loss Payee Endorsement:

An additional insured Endorsement for on-going and products-completed operations under the commercial general liability policy (Subsection “b” above) shall designate the City of Garden Grove and its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of SUBRECIPIENT. SUBRECIPIENT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for automobile liability policies (Subsection “c” above) shall designate the City of Garden Grove and its off icers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by SUBRECIPIENT. SUBRECIPIENT shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by CITY.

SUBRECIPIENT shall provide to CITY endorsements from each insurance carrier wherein the insurance carrier shall give CITY thirty (30) days advanced written notice of any material change, cancellation, or termination of coverage.

For any claims related to this Agreement, SUBRECIPIENT’s insurance coverage shall be primary insurance as respects the City of Garden Grove, and its

officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall be excess of the SUBRECIPIENT’S insurance and shall not contribute with it. Claims made and modified occurrence policies are not acceptable.

IF SUBRECIPIENT maintains higher insurance limits than the minimums shown above, SUBRECIPIENT shall provide coverage for the higher insurance limits otherwise maintained by the SUBRECIPIENT.

4.11 City Recognition. The SUBRECIPIENT shall insure recognition of the role of the CITY in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to funding source. In addition, the SUBRECIPIENT will include a reference to the support provided herein in all publications made possible with funds made available under this agreement.

4.12 Amendments. The CITY or SUBRECIPIENT may amend this agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the CITY’s governing body. Such amendments shall not invalidate this agreement, nor relieve or release the CITY or SUBRECIPIENT from its obligations under this agreement.

The CITY may, in its discretion, amend this agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment signed by both CITY and SUBRECIPIENT.

4.13 Suspension or Termination. In accordance with 2 CFR 200.338, the CITY may suspend or terminate this agreement if the SUBRECIPIENT materially fails to comply with any terms of this agreement, which include (but are not limited to) the following:

a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

b. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement;

c. Ineffective or improper use of funds provided under this agreement; or

d. Submission by the SUBRECIPIENT to the CITY reports that are incorrect or incomplete in any material respect.

In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by either the CITY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of

the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.

5. Administrative Requirements

Financial Management

5.1. Accounting Standards. The SUBRECIPIENT agrees to comply with 2 CFR 200.302 and all other applicable provisions of 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

5.2. Cost Principles. The SUBRECIPIENT shall administer its program in conformance with 2 CFR Part 200 as it pertains to all costs incurred whether charged on a direct or indirect basis.

Documentation and Record Keeping

5.3. Records to be Maintained. The SUBRECIPIENT shall maintain all records required by the federal regulations specified in 24 CFR 576.500 that are pertinent to the activities to be funded under this agreement. Such records shall include but not be limited to:

a. Records providing a full description of each activity undertaken;

b. Records demonstrating that each activity undertaken meets the Purpose of the ESG Program;

c. Records required to determine the eligibility of activities;

d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with ESG assistance;

e. For homeless prevention activities, records documenting evidence of an eviction, foreclosure, or utility termination notice(s) and evidence that the inability to pay was sudden, necessary to prevent homelessness, and resumption of payment is reasonably expected within the near future;

f. Financial records as required by and 2 CFR Part 200;

g. Records to document homelessness status to determine the eligibility of persons served by the ESG Program; and

h. Other records necessary to document compliance with 24 CFR Part 576.57.

5.4. Retention. The SUBRECIPIENT shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the agreement for a period of four (4) years. The retention period begins on the date of the submission of the CITY’s annual performance and evaluation report to HUD in which the activities assisted under the agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until

completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later.

5.5. Client Data. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided. Such data shall be inputted into the Homeless Management Information System (HMIS) within 48 hours of service by SUBRECIPIENT and include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided.

Such information shall be made available to CITY monitors or their designees for review upon request. (If applicable)

5.6. Disclosure. The SUBRECIPIENT understands that client information collected under this agreement is private and the use or disclosure of such information, when not directly connected with the administration of the CITY’s or SUBRECIPIENT’s responsibilities with respect to services provided under this agreement, is prohibited by the all applicable state and federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5.7. Closeouts . The SUBRECIPIENT’s obligation to the CITY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: Making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the CITY), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this agreement shall remain in effect during any period that the SUBRECIPIENT has control over ESG funds.

5.8. Audits and Inspections. All SUBRECIPIENT records with respect to any matters covered by this agreement shall be made available to the CITY, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning SUBRECIPIENT audits and 2 CFR Part 200 subparts A-F.

Reporting and Payment Procedures

5.9 Quarterly Reports . The Subrecipient shall submit "Quarterly Reports" during the program year beginning (Insert date), and ending (Insert date), within fifteen (15) calendar days of the end of each quarter. The final quarterly report is due no later than July 15, (Insert year). The report must include sufficient information to assist the City in monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures.

The Quarterly Reports shall indicate the number of persons assisted, income and ethnicity of persons assisted, how/what assistance was provided, and a description of how and when determination of eligibility status was made for persons assisted.

5.10 Reimbursement Schedule. Subrecipient may request to draw down on these ESG Funds in the manner delineated in Scope of Services, unless receipts and appropriate documentation can be provided to, and approved by, the City indicating the need to draw down on funds earlier. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient.

5.11 Reimbursement Requests. Concurrently with the submittal of each Quarterly Report, as described in subsection 5.9, Subrecipient shall submit a "Reimbursement Request" to the City to request payment for eligible ESG Program costs. Each Reimbursement Request shall include documentation to verify that the expenditure of funds is consistent with the ESG Program description/definition as approved by the City Council. Documentation shall include, but not be limited to, both (i) an original invoice and (ii) true copies of other receipts, agreements, payroll records or other documentation supporting and evidencing how the ESG Funds have been or will be expended during the applicable quarter. Prior to reimbursing Subrecipient, the City will verify that Subrecipient has met all applicable regulations for the ESG Program.

5.12 Remaining Balance . The ESG Program shall be completed and all funds provided through this Agreement shall be expended on eligible ESG Program activities from (Insert date) through (Insert date) . Invoices for approved ESG Program costs funded under this Agreement shall be submitted within 30 days after the Agreement expiration date. After the 30 day period for submitting invoices has expired, any remaining balance on this Agreement may be allocated by City to other eligible ESG projects within the City's approved ESG Program.

5.13 Separation of Accounts. All ESG Funds received by Subrecipient from City pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to Title 2 of the Code of Federal Regulations ("2 CFR") Part 200. The Subrecipient is not required to maintain separate depository accounts for ESG Funds; provided however, the Subrecipient must be able to account for receipt, obligation and expenditure of ESG Funds pursuant to applicable 2 CFR 200.302 et seq., requirements and any other applicable law.

5.14 Repayment of Funds by Subrecipient. In the event this Agreement is terminated, as provided in section 4.9, Subrecipient agrees to and shall immediately return to City any and all unexpended and unencumbered ESG Funds. Further, Subrecipient shall comply with the provisions of the section of this Agreement relating to Reversion of Assets.

5.15 Additional Payment after Notice of Termination at Discretion of City. In the event of early termination of the Agreement by either party without cause, at the sole discretion and election of the City, the Subrecipient will be compensated for all services rendered and necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have been previously eligible for reimbursement and paid, to the date of the notice of termination to the extent that ESG Funds are available from HUD.

In the event of early termination of the Agreement by the City for cause (but not due to the non-performance or breach by Subrecipient), at the sole discretion and election of the City, the Subrecipient will be compensated for all services rendered

and necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have been previously eligible for reimbursement and paid, to the date of the notice of termination to the extent that ESG Funds are available from HUD.

5.16 Indirect Costs. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT’s share of administrative costs and shall submit such plan to the CITY for approval, in a form specified by the CITY.

5.17 Payment Procedures. The CITY will pay to the SUBRECIPIENT funds available under this agreement based upon information submitted by the SUBRECIPIENT and consistent with any approved budget and CITY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the SUBRECIPIENT, and not to exceed actual cash requirements. Payments are to be adjusted by the CITY in accordance with advanced fund and program income balances available in SUBRECIPIENT accounts.

In addition, the CITY reserves the right to liquidate funds available under this agreement for costs incurred by the CITY on behalf of the SUBRECIPIENT.

5.18 Progress Reports. The SUBRECIPIENT shall submit regular Progress Reports to the CITY in the form, content, and frequency as required by the CITY.

5.19 Procurement

a. Compliance
The SUBRECIPIENT shall comply with current CITY policy concerning the purchase of equipment and shall maintain inventory records of all non- expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement.

b. OMB Standards
Unless specified otherwise within this agreement, the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200.

c. Travel
The SUBRECIPIENT shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement.

Use and Reversion of Assets

5.20 Compliance. The SUBRECIPIENT shall comply with current CITY policy concerning the purchase of equipment and shall maintain inventory records of all non- expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets shall revert to the CITY upon termination of this agreement as provided for in Use and Reversion of Assets.

5.21 OMB Standards. Unless specified otherwise within this agreement, the SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200.

5.22 Travel. The SUBRECIPIENT shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this agreement.

5.23 Use as an Emergency Shelter. The use and disposition of real property and equipment under this agreement shall be in compliance with the requirements of 2 CFR Part 200, which include but are not limited to the following:

a. The SUBRECIPIENT shall transfer to the CITY any ESG funds on hand and any accounts receivable attributable to the use of funds under this agreement at the time of expiration, cancellation, or termination.

b. Real property under the SUBRECIPIENT’s control that was improved, in whole or in part, with funds under this agreement shall comply with ESG assistance involving major rehabilitation or conversion, requires any building for which ESG assistance is used to continue in use as a shelter for homeless individuals and families for not less than a ten-year period. ESG assistance involving rehabilitation (other than major rehabilitation or conversion) requires any building for which ESG assistance is used to continue in use as a shelter for homeless individuals and families for not less than a three-year period. Thus, for either the 3- or 10-year period of use, the use requirement starts on the date of initial occupancy for a building that had not previously been operated as a shelter. The date the ESG funds are obligated to a shelter starts the applicable use requirement where the building was previously operated as a shelter.

c. In all cases in which equipment acquired, in whole or in part, with funds under this agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this agreement were used to acquire the equipment). When equipment is no longer needed in the same project, it cannot be used to assist homeless or low-income persons, and the value of the property in question is $5,000 or more, disposition instructions should be requested from HUD. If HUD has neither use for the equipment nor provides instruction within 120 days, the recipient may dispose of the equipment provided the ESG account is reimbursed by applying to the sales price or fair market value of the equipment an amount equal to the percentage of HUD's participation in the original acquisition price of the equipment.

6. Relocation, Real Property Acquisition. The SUBRECIPIENT agrees to comply with the following:

a. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; and,

b. The SUBRECIPIENT also agrees to comply with all applicable CITY ordinances, resolutions and policies concerning the displacement of persons from their residences.

c. The requirements in 24 CFR 570.606(d) governing optional relocation policies.

The CITY hereby reserves the right to preempt the optional policies.

The SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for an ESG-assisted project. The SUBRECIPIENT also agrees to comply with applicable CITY ordinances, resolutions and policies concerning the displacement of persons from their residences.

7. Personnel & Participant Conditions.

7.1. Civil Rights

a. Compliance
The SUBRECIPIENT agrees to comply with all local and State civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

b. Nondiscrimination
The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders, as revised by Executive Order 13279 and all local ordinances. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.

c. Land Covenants
This agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352). In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this agreement, the SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the CITY and the United States are beneficiaries of and entitled to enforce such covenants. The SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.

d. Section 504
The SUBRECIPIENT agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The CITY shall provide the SUBRECIPIENT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this agreement.

7.2. Affirmative Action

a. Approved Plan
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the CITY’s specifications an Affirmative Action Program in keeping with t he

principles as provided in President’s Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.

b. Women- and Minority-Owned Business Enterprise (W/MBE) The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises th e maximum practicable opportunity to participate in the performance of this agreement. As used in this agreement, the terms “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’s business enterprise” means a business at least fifty-one (51) percent 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. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

c. Access to Records
The SUBRECIPIENT shall furnish and cause each of its own SUBRECIPIENT’s or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

d. Confidentiality of Records
The SUBRECIPIENT is to ensure the safety and security of ESG project participants fleeing domestic violence situations by developing and implementing procedures to guarantee the confidentiality of records concerning project participants as required under 24 CFR 576.500. In addition, the address and location of family violence shelter facilities receiving ESG funding may not be publicly disclosed except with the written authorization of the person(s) responsible for the shelter facility's operation. To comply with this requirement, recipient organizations should, for example, keep written records or files pertaining to families under lock and key with only particular personnel granted access to those files.

e. Notifications
The SUBRECIPIENT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the SUBRECIPIENT’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

f. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer.

7.3 Subcontract Provisions
The SUBRECIPIENT will require and include compliance with any and all provisions of Civil Rights, Affirmative Action, and other applicable requirements applicable to SUBRECIPIENT in every subcontract or purchase order as applicable, specifically or by attached reference, so that such provisions will be binding upon each of its own subcontractors.

7.4 Other Employment Restrictions
The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: Political activities, inherently religious activities, lobbying, political patronage, and nepotism activities.

7.5 OSHA
Where employees are engaged in activities not covered under the Occupational Safety Act of 1970 (OSHA), they shall not be required or permitted to work, be trained, or receive services in buildings that are unsanitary, hazardous, or dangerous to the participants’ health or safety.

7.6 Labor Standards
The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq. ) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and it’s implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.

The SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this agreement, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

7.7 Section 3 Clause

a. Compliance
Compliance with the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this agreement, shall be a condition of the Federal financial assistance provided under this agreement and binding upon the CITY, the SUBRECIPIENT and any of the SUBRECIPIENT’s subrecipients and subcontractors. Failure to fulfill these

requirements shall subject the CITY, the SUBRECIPIENT and any of the SUBRECIPIENT’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

The SUBRECIPIENT further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this agreement:

“The work to be performed under this agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low-income persons residing in the metropolitan area in which the project is located.”

The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with rehabilitation (including reduction and abatement of lead-based paint hazards) are given to low and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low and very low-income residents within the service area or the neighborhood in which the project is located, and to low and very low-income participants in other HUD programs.

The SUBRECIPIENT certifies and agrees that no contractual and/or other legal incapacity exists that would prevent compliance with these requirements.

b. Notification
The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

c. Subcontract
The SUBRECIPIENT will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the

subcontractor is in violation of regulations issued by the grantor agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

d. Conduct

i. Assignability

The SUBRECIPIENT shall not assign or transfer any interest in this agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to the SUBRECIPIENT from the CITY under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY.

ii. Subcontracts

a. Approvals
The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this agreement without the written consent of the CITY prior to the execution of such agreement.

b. Monitoring
The SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.

c. Content
The SUBRECIPIENT shall cause all of the provisions of this agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement.

d. Selection Process
The SUBRECIPIENT shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process.

7.8 Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

7.9 Conflict of Interest
The SUBRECIPIENT agrees to abide by the provisions of 2 CFR Part 200, which include (but are not limited to) the following:

a. No employee, officer or agent of the SUBRECIPIENT 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.

b. 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 a ny person who is an employee, agent, subcontractor, consultant, officer, or elected or appointed official of the CITY, the SUBRECIPIENT, or any designated public agency.

7.10 Lobbying The SUBRECIPIENT hereby certifies that:

a. No federally 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; and,

b. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a 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; and,

c. It will require that the language of paragraph (d) 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; and,

d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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.

7.11. Copyright
If this agreement results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty-free, exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

7.12. Religious Activities
The SUBRECIPIENT agrees that funds provided under this agreement will not be utilized for inherently religious activities prohibited by 24 CFR 576.406 such as worship, religious instruction, or proselytization. An organization that is awarded direct HUD funds may still engage in inherently religious activities provided they are voluntary for participants in HUD-funded activities and occur separately in time or location from the HUD-funded activities. An organization receiving HUD funds may not restrict HUD-funded services or housing to people of a particular religion or religious denomination.

8. Environmental Conditions.

8.1 Air and Water
The SUBRECIPIENT agrees to comply with the following requirements insofar as they apply to the performance of this agreement:

a. Clean Air Act, 42 U.S.C., 7401, et seq.;

b. 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 hereunder;

c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

8.2 Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

8.3 Lead-Based Paint
The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.

Such regulations pertain to all ESG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level

screening for children under seven. The notice should also point out that if lead- based paint is found on the property, abatement measures might be undertaken.

The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

8.4 Historic Preservation
The SUBRECIPIENT agrees to 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 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, and any and all local ordinances insofar as they apply to the performance of this 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.

8.5 Building Standards
The SUBRECIPIENT agrees that any assistance to a building for which ESG amounts are used for conversion, major rehabilitation, rehabilitation, or renovation must meet local government safety and sanitation standards in accordance with 24 CFR 576.55.

9. Severability.

If any provision of this agreement is held invalid, the remainder of the agreement shall not be affected thereby and all other parts of this agreement shall nevertheless be in full force and effect.

10. Section Headings and Subheadings.

The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement.

11. Waiver.

The CITY’s failure to act with respect to a breach by the SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

12. Entire Agreement.

This agreement constitutes the entire agreement between the CITY and the SUBRECIPIENT for the use of funds received under this agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the SUBRECIPIENT with respect to this agreement.

IN WITNESS WHEREOF, the City Manager of the City of Garden Grove has caused this agreement to be subscribed and attested by the City Clerk hereof, and the SUBRECIPIENT has subscribed the same through its authorized officer, the day, month and year first above written.

“SUBRECIPIENT” CITY OF GARDEN GROVE (“CITY”)
(Name of Subrecipient) A Municipal Corporation

By: By:
(Name of Director),
Executive Director
Scott Stiles,
City Manager

Dated: Dated:

APPROVED AS TO FORM: ATTEST:

By: By:

Omar Sandoval,
City Attorney
Teresa Pomeroy,
City Clerk

Dated: Dated:

Attachment A

SCOPE OF SERVICES AND BUDGET
FY (Year)

ATTACHMENT A

SCOPE OF SERVICES AND BUDGET
CITY OF GARDEN GROVE & [SUBRECIPEINT NAME]

A. SCOPE OF SERVICES
This project is designed to provide availability and accessibility to a suitable living environment by providing [DESCRIBE PROJECT]. [SUBRECIPEINT NAME] shall provide essential services [DESCRIBE CLIENTEL BEING SERVED]. Furthermore this project furthers Priority #7 in the City of Garden Grove’s adopted Housing and Community Development Consolidated Plan (HUD 5-year plan), which is to address the needs of homeless individuals and those at risk of homelessness.

Between July 1, [20xx] and June 30, [20xx], [SUBRECIPEINT NAME] will provide the following eligible activities:

1. [DESCRIBE SERVICE/ACTIVITY AND THE NUMBER OF INDIVIDUALS SERVED IN PROGRAM YEAR].

B. PERFORMANCE MEASURES

[SUBRECIPEINT NAME] will submit to the City of Garden Grove Community Development Department quarterly reports on the form attached hereto by October 15, January 15, April 15, and July 15 over the duration of this agreement.

C. PROJECT BUDGET
Essential Services $ XX,XXX
Street Outreach $ XX,XXX
Emergency Shelter $ XX,XXX
Homeless Prevention $ XX,XXX
Rapid Rehousing $ XX,XXX
HMIS/CMIS $ XX,XXX

Total [SUBRECIPEINT NAME] budget $ XX,XXX

Attachment B

ELIGIBLE EXPENSE GUIDE

EMERGENCY SOLUTIONS GRANTS

PROGRAM

(ESG)

ELIGIBLE EXPENSE GUIDE

GARDEN GROVE

TABLE OF CONTENTS

1. Street Outreach ........................................................................................ 2

1.1 Engagement ..................................................................................... 2

1.2 Case Management ............................................................................. 3

1.3 Emergency Health Services ................................................................ 3

1.4 Emergency Mental Health Services ...................................................... 3

1.5 Transportation .................................................................................. 3

1.6 Services to Special Populations ........................................................... 4

2. Emergency Shelter ................................................................................... 4

2.1 Essential Services ............................................................................. 4

2.2 Rehabilitation and Renovation............................................................. 8

2.3 Shelter Operations ............................................................................ 8

2.4 Assistance Required under Uniform Relocation Assistance (URA) ............. 8

3. Homelessness Prevention ........................................................................ 9

3.1 Housing Relocation and Stabilization Services ....................................... 9

3.2 Short and Medium-Term Rental Assistance ........................................... 12

4. Rapid Re-housing ..................................................................................... 13

4.1 Housing Relocation and Stabilization Services ....................................... 13

4.2 Short and Medium-Term Rental Assistance ........................................... 13

5. Homeless Management Information System (HMIS) ................................ 13

5.1 Hardware, Equipment and Software Costs ............................................ 13

5.2 Staffing: Paying salaries for operating HMIS ......................................... 13

5.3 Training and Overhead ...................................................................... 13

6. Administration ......................................................................................... 14

6.1 General Management / Oversight / Coordination 14

6.2 Training on ESG Requirements............................................................ 14

6.3 Consolidation Plan ............................................................................. 14

6.4 Environmental Review ....................................................................... 14

Emergency Solutions Grants Program (ESG) funds may only reimburse cost directly related to the following ESG eligible expenditure program components:

1. Street Outreach

2. Emergency Shelter

3. Homelessness Prevention

4. Rapid Re-housing

5. Homelessness Management Information System (HMIS)

6. Administration

Subrecipients may consult the Federal and State ESG regulations at the HCD website:
http://www.hcd.ca.gov/fa/esg/

Indirect costs and any activities determined by the Department of Housing and Community Development to be ineligible, inefficient, or ineffective use of Grant funds as stated in the applicable NOFA will be disallowed.

1. Street Outreach – Unsheltered individuals and families, meaning those who qualify under 24 CFR § 91.5 paragraph (1)(i) of the definition of “homelessness”. Essential Services to eligible participants provided on the street or in parks, abandoned buildings, bus stations, campgrounds, and in other such settings where unsheltered persons are staying. Staff salaries related to carrying out street outreach activities are eligible.

1.1 Engagement

1.2 Case Management

1.3 Emergency Health Services

1.4 Emergency Mental Health Services

1.5 Transportation

1.6 Services to Special Populations

1.1 Engagement – Activities to locate, identify, and build relationships with unsheltered homeless people for the purpose of providing immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and housing programs.

 Initial assessment of needs and eligibility
 Providing crisis counseling
 Addressing urgent physical needs
 Actively connecting and providing information and referral  Cell phone costs of outreach workers

1.2 Case Management – Assessing housing and service needs, and arranging/coordinating/monitoring the delivery of individualized services.

 Using the centralized or coordinated assessment system  Initial evaluation/verifying and document eligibility  Counseling
 Developing/Securing/Coordinating Services
 Helping obtain Federal, State, and local benefits
 Monitoring/evaluating participant progress
 Providing information and referral to other providers  Developing an individualized housing/service plan

1.3 Emergency Health Services – Outpatient treatment of urgent medical conditions by licensed medical professionals in community-based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility.

 Assessing participant’s health problems and developing treatment plans
 Assisting participants to understand their health needs  Providing or helping participants obtain appropriate emergency medical treatment
 Providing medication and follow-up services

1.4 Emergency Mental Health Services – Outpatient treatment of urgent mental health conditions by licensed professionals in community-based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility.

 Crisis Intervention
 Prescription of psychotropic medications
 Explain the use and management of medications
 Combinations of therapeutic approaches to address multiple problems

1.5 Transportation – Travel by outreach workers, social workers, medical professionals or other service providers during the provision of eligible street outreach services.

 Transporting unsheltered people to emergency shelters or other service facilities
 Cost of a participant’s travel on public transit
 Mileage allowance for outreach workers to visit participants

 Purchasing or leasing a vehicle for use in conducting outreach activities, including cost of gas, insurance, taxes, and maintenance for the vehicle
 Costs of staff to accompany or assist participant to use public transportation

1.6 Services to Special Populations – Otherwise eligible Essential Services that have been tailored to address the special needs of homeless youth, victims of domestic violence, and related crimes/threats, and/or people living with HIV/AIDS who are literally homeless.

 See all eligible expenses above under Street Outreach (1)

2. Emergency Shelter (Includes Transitional Housing & Day Centers) – Eligible participants are individuals and families who are homeless. Essential Services to persons in emergency shelters, renovating buildings to be used as emergency shelters, and operating emergency shelters are eligible costs. Staff costs related to carrying out emergency shelter activities are also eligible.

2.1 Essential Services

2.2 Rehabilitation and Renovation

2.3 Shelter Operations

2.4 Assistance Required under Uniform Relocation Assistance (URA)

2.1 Essential Services – Services provided to individuals and families who are in an emergency shelter:

 Case Management – Assessing, arranging, coordinating, and monitoring individualized services.

o Using the centralized or coordinated assessment system o Initial evaluation including verifying and documenting eligibility
o Counseling
o Developing, securing, and coordinating services including Federal, State, and local benefits
o Monitoring and evaluating program participant progress o Providing information and referrals to other providers o Providing on-going risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking
o Developing an Individualized Housing and Service Plan

 Child Care – Licensed child care for program participants with children under the age of 13 or disabled children under the age of

18. o Child care costs
o Meals and snacks
o Comprehensive and coordinated sets of appropriate
developmental activities

 Education Services – Instruction or training to enhance participant’s ability to obtain and maintain housing: literacy, English literacy, GED, consumer education, health education, and substance abuse prevention.

o Educational services/skill-building
o Screening, assessment, and testing
o Individual or group instruction
o Tutoring
o Provision of books, supplies, and instructional material o Counseling
o Referral to community resources

 Employment Assistance and Job Training – Services assisting participants secure employment and job training programs.

o Classroom, online, and/or computer instruction
o On-the-job instruction
o Job finding, skill-building
o Reasonable stipends in employment assistance and job
training programs
o Books and instructional material
o Employment screening, assessment, or testing
o Structured job-seeking support
o Special training and tutoring, including literacy training and pre-vocational training
o Counseling or job coaching
o Referral to community resources

 Outpatient Health Services – Direct outpatient treatment of medical conditions provided by licensed medical professionals.

o Assessing health problems and developing a treatment plan

o Assisting program participants to understand their health

needs
o Providing or helping participants obtain appropriate medical treatment, preventive medical care, and health maintenance services, including emergency medical services
o Providing medication and follow-up services
o Providing preventive and non-cosmetic dental care

 Legal Services – Necessary legal services regarding matters that interfere with the program participant’s ability to obtain and retain housing.

o Hourly fees for legal advice and representation by licensed attorneys and certain other fees-for-service
o Client intake, preparation of cases for trial, provision of legal advice, representation at hearings, and counseling
o Filing fees and other necessary court costs

 Legal Representation – Legal representation and advice to resolve legal problems that prevent participants from obtaining or retaining permanent housing.

o Child support
o Guardianship
o Paternity
o Emancipation
o Legal separation
o Resolution of outstanding criminal warrants
o Appeal of veterans and public benefit claim denials
o Orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking

 Life Skills Training – Critical life management skills necessary to assist the program participant to function independently in the community.

o Budgeting resources
o Managing money
o Managing household
o Resolving conflict
o Shopping for food and needed items
o Improving nutrition

o Using public transportation

o Parenting

 Mental Health Services – Direct outpatient treatment of mental health conditions by licensed professionals.

o Crisis intervention
o Individual, family, or group therapy sessions
o Prescription of psychotropic medications or explanations about the use and management of medications
o Combinations of therapeutic approaches to address multiple problems

 Substance Abuse Treatment Services – Substance abuse
treatment provided by licensed or certified professionals, designed to prevent, reduce, eliminate or deter relapse of substance abuse or addictive behaviors.

o Client intake and assessment
o Outpatient treatment for up to thirty days
o Group and individual counseling
o Drug testing

 Transportation – Costs of travel by program participants to and from medical care, employment, child care, or other facilities that provide eligible essential services; and cost of staff travel to support provision of essential services.

o Cost of program participant’s travel on public transportation o Mileage allowance for service workers to visit participants o Purchasing or leasing a vehicle used for transport of participants and/or staff serving participants, including the cost of gas, insurance, taxes, and maintenance for the
vehicle
o Travel costs of staff to accompany or assist program
participants to use public transportation

 Services for Special Populations – Otherwise eligible essential services tailored to address the special needs of homeless youth, victims of domestic violence, and related crimes/threats, and people living with HIV/AIDS in emergency shelters.

o See all eligible expenses above under Essential Services (2.1)

2.2 Rehabilitation and Renovation* - Renovating buildings to be used as emergency shelter for homeless families and individuals.

 Labor
 Materials
 Tools
 Other costs for renovation, including soft costs
 Major rehabilitation of an emergency shelter
 Conversion of a building into an emergency shelter

* HCD encourages the use of other funding sources for renovation and limits renovation to an amount not to exceed $10,000.

2.3 Shelter Operations – Costs to operate and maintain emergency shelters and also provide other emergency lodging when appropriate.*

 Maintenance (including minor or routine repairs)
 Rent
 Security
 Fuel
 Insurance
 Utilities
 Food
 Furnishing
 Equipment
 Supplies necessary for the operation of the emergency shelter  Hotel and motel voucher for family or individuals*

*Hotel and motel vouchers are only eligible when no appropriate emergency shelter is available.

2.4 Assistance Required under URA – Assistance required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as described in subpart E of the interim regulations.

 Costs of providing URA assistance under 24 CFR § 576.408, including relocation payments and other assistance to persons displaced by a project assisted with ESG funds.*

* Persons that receive URA assistance are not considered “program participants” for the purposes of this part of ESG and relocation payments and other URA assistance are not considered “rental assistance” or “housing relocation and stabilization services” for the purposes of this part under ESG.

3. Homelessness Prevention – Individuals and families who are at imminent risk or at risk of homelessness, meaning those who qualify under 24 CFR § 576.2 paragraph (1) of the homeless definition or those who qualify as at risk of homelessness. Individuals and families must have an income below 30% of AMI. Short and medium-term rental assistance and housing relocation and stabilization services are eligible activities. Staff salaries related to carrying out homelessness prevention activities are also eligible.

3.1 Housing Relocation and Stabilization Services

3.2 Short and Medium-Term Rental Assistance

3.1 Housing Relocation and Stabilization Services
 Requirements and Restrictions:

1. Participants must meet with a case manager at least once a month for the duration of assistance, except where funding under Violence Against Women Act (VAWA) or Family Violence Prevention and Services Act (FVPS) prohibits the subrecipient from making shelter or housing conditional upon the receipt of services.

2. Participants must be assisted, as needed, in obtaining:

 Appropriate supportive services, like mediation or mental health treatment or services essential for independent living
 Mainstream benefits like Medicaid, SSI, or TANF

 Financial Assistance

o Moving Costs – Moving costs, such as a truck rental or hiring a moving company, including certain temporary storage
fees.
o Rent Application Fees – Application fee that is charged by the owner to all applicants.
o Security Deposit – Equal to no more than 2 month’s rent o Last Month’s Rent – Paid to the owner of housing at the time security deposit and first month’s rent are paid.
o Utility Deposit – Standard utility deposit required by the utility company for all customers (i.e., gas, electric, water/sewage).
o Utility Payments – Up to 24 months of utility payments per participant per service (i.e., gas, electric, water/sewage), including a 1 time payment up to 6 month of arrearages, per service.

 Services

o Housing Search and Placement

 Assessment of housing barriers, needs and
preferences
 Development of an action plan for locating housing
 Housing search and outreach to and negotiation with
owner
 Assistance with submitting rental applications and
understanding leases
 Assessment of housing for compliance with ESG
requirements for habitability, lead based paint, and
rent reasonableness
 Assistance with obtaining utilities and making moving arrangements
 Tenant counseling

o Housing Stability Case Management – Assessing,
arranging, coordinating, and monitoring the delivery of individualized services to facilitate housing stability

 Using the centralized or coordinated assessment
system, conduct the initial evaluation and re-
evaluation
 Counseling
 Developing, securing, and coordinating services
including Federal, State, and local benefits
 Monitoring and evaluating program participant
progress
 Providing information and referrals to other providers  Developing an Individualized Housing and Service
Plan

o Mediation – Mediation between the program participant and the owner or person(s) with whom the program participant is living, to prevent the program participant from losing
permanent housing in which they currently reside.

 Time and/or services associated with mediation
activities

o Legal Services – Legal services that are necessary to resolve a legal problem that prohibits the program participant from obtaining or maintaining permanent housing.

 Hourly fees for legal advice and representation
 Fees based on the actual service performed (i.e., fee for service), but only if the cost would be less than the

cost of hourly fees
 Client intake, preparation of cases for trial, provision of legal advice, representation at hearings, and
counseling
 Filing fees and other necessary court costs
 Subrecipient’s employee’s salaries and other costs
necessary to perform the series, if the subrecipient is a legal services provider and performs the services
itself

o Legal Representation may be provided for:

 Landlord/tenant matters
 Child support
 Guardianship
 Paternity
 Emancipation
 Legal Separation
 Resolution of outstanding criminal warrants
 Order of protection and other civil remedies for
victims of domestic violence, dating violence, sexual
assault, and stalking
 Appeal of veterans and public benefit claim denials

o Credit Repair – Services necessary to assist program
participants with critical skills related to household
budgeting, managing money, accessing a free personal
credit report, and resolving personal credit problems*

 Credit counseling

 Other related services

* Assistance cannot include the payment or mediation of a debt.

3.2 Short and Medium-Term Rental Assistance
 Requirements and Restrictions:

1. Compliance with Fair Market Rent (FMR) limits and Rent Reasonableness.

2. Compliance with Minimum Habitability Standards.

3. Rental Assistance Agreement and Lease Standards:

 The rental assistance agreement must set forth the terms under which rental assistance will be provided.
 Each participant receiving rental assistance must have a legally binding, written lease (between the owner and participant) for the rental unit, unless the assistance is solely for the rental arrears  Project-based rental assistance leases must have an initial term of one year.

4. Cannot use with other subsidies

 No rental assistance can be provided to a household receiving rental assistance from another public source for same time period (except 6 months of arrears).
 Rental assistance may not be provided to participants who are currently receiving replacement housing payments under the URA.

5. Late Payments

 The rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant’s lease.
 The subrecipient must make timely payments to the owners in accordance with the rental assistance agreement.
 The subrecipient is solely responsible for paying (with non-ESG funds) late payment penalties that it incurs.

 Short-Term Rental Assistance – Up to 3 months
 Medium-Term Rental Assistance – 4 to 24 months
 Payment of Rental Arrears – One time payment up to 6 months, including any late fees on those arrears.
 Any Combination of the Three Types of Rental Assistance Above – Total not to exceed 24 months during any 3 year period, including any payment for last month’s rent.

4. Rapid Re-Housing – Individuals and families who are literally homeless, meaning those who qualify under 401 (1) McKinney-Vento Act of the definition of homeless. Short and medium-term rental assistance and housing relocation and stabilization services are eligible activities. Staff salaries related to carrying out homelessness prevention activities are also eligible.

4.1 Housing Relocation and Stabilization Services – See 3.1 Housing Relocation and Stabilization Services above.

4.2 Short and Medium-Term Rental Assistance – See 3.2 Short and Medium- Term Rental Assistance above.

5. HMIS – The HEARTH Act makes HMIS participation a statutory requirement for ESG subrecipients. Victim service providers cannot, and Legal Services Organizations may choose not to, participate in HMIS. Providers that do not participate in HMIS must use a comparable database that produces unduplicated, aggregate reports instead. Activities funded under this component must comply with HUD’s standards on a participation, data collection and reporting under a local HMIS.

5.1 Hardware, Equipment, and Software Costs

5.2 Staffing: Paying salaries for operating HMIS

5.3 Training and Overhead

5.1 Hardware, Equipment, and Software Costs

 Purchasing or leasing computer software
 Purchasing software or software licenses
 Purchasing or leasing equipment, including telephones, faxes, and furniture

5.2 Staffing: Paying salaries for operating HMIS, including:

 Data collection
 Completing data entry
 Monitoring and reviewing data quality
 Completing data analysis
 Reporting to the HMIS Lead
 Training staff on using the HMIS or comparable database  Implementing and complying with HMIS requirements

5.3 Training and Overhead

 Obtaining technical support
 Leasing office space

 Paying charges for electricity, gas, water, phone service and high- speed data transmission necessary to operate or contribute data to HMIS
 Paying costs of staff to travel to and attend HUD-sponsored and HUD- approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act
 Paying staff travel costs to conduct intake
 Paying participation fees charged by the HMIS Lead

6. Administration

6.1 General Management / Oversight / Coordination

6.2 Training on ESG Requirements

6.3 Consolidated Plan

6.4 Environmental Review

6.1 General Management / Oversight / Coordination – Costs of overall program management, coordination, monitoring, and evaluation

 Administrative services performed under third party contracts or agreements, including general legal services, accounting services, and audit services
 Other costs for goods and services required for administration of the program, including rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space
 Staff salaries, wages, and related costs of staff engaged in eligible program administration activities

6.2 Training on ESG Requirements

 Costs of providing training on ESG requirements and attending HUD- sponsored ESG trainings

6.3 Consolidated Plan

 Costs of preparing and amending the ESG and homelessness related sections of the consolidated plan in accordance with ESG requirements and 24 CFR part 91

6.4 Environmental Review

 Costs of carrying out the environmental review responsibilities under 24 CFR § 576.407 of the HUD regulation

Exhibit 5
Monitoring Notification Letter: On-Site Visit

Exhibit 5 Monitoring Letter-Site Visitation

Date XX

Entity

Subject: Guidance to ESG Subrecipients

Dear Subrecipient:

This letter serves to notify you that the City of Garden Grove will be monitoring your agency’s use of Emergency Shelter Grant Program (ESG) funds under the terms and conditions set forth in the Subrecipient Agreement implemented during Fiscal 20XX-XX. This letter further serves to memorialize reporting procedures for Fiscal 20XX-XX for ESG funds awarded to your agency.

Monitoring

City representatives the will hold an entrance interview on --------- at your agency with you and staff you wish to designate. The purpose of the interview is to review your agency’s administrative and financial procedures pertinent to the management of your Fiscal 20 XX-XX ESG-funded program, and to ascertain whether it comports with ESG requirements described in the Subrecipient Agreement. In anticipation of the forthcoming visit, we will request access to records that include the following:

 A full description of the program;
 Evidence that the program meets the ESG permitted activities;  Characteristics and numbers of beneficiaries;
 Documentation of participant eligibility;
 Review of the program’s financial records, e.g., ch art of accounts, any recent audit report, documentation of expenses.
 Record retention and file management practices; and
 Procurement procedures.

Following this meeting, the City will then transmit the preliminary results of the monitoring visit, which provides you with an opportunity to correct any misunderstandings, provide additional information that may be needed, and set forth the actions being undertaken to correct areas of noncompliance. Within 30 days of the monitoring visit, the City will notify you in writing of the results of the monitoring and set forth any findings or concerns and the timeframe for a written response and corrective action.

Fiscal 20XX-XX Procedures

 Submittal of Payment Requests (Payment of Invoices)

Remember that payment requests should be submitted on a quarterly basis (a copy of the City’s payment request form, previously transmitted electronically to your agency, is attached) and accompanied by support documentation. Support documentation may include copies of time sheets, invoices, purchase orders, receipts, or other relevant records showing how you expended the City-awarded ESG funds.

 Quarterly Subgrantee Performance Reports
Quarterly Grantee Performance Reports, or G PR’s, are to be submitted electronically and concurrently with your agency’s request for reimbursement for the ending quarter. Quarterly GPR’s for the reporting periods listed below will be due as follows:

Reporting Period Report Due Date
July 1, 20XX – September 30, 20XX October 15, 20XX
October 1, 20XX – December 31, 20XX January 15, 20XX
January 1, 20XX – March 31, 20XX April 15, 20XX
April 1, 20XX – June 30, 20XX July 15, 20XX

 Obtaining, Documenting, and Reporting Program Beneficiary Data Under the current ESG Subrecipient Agreement, your agency must certify that the activities being carried out will comply with requirements under the ESG Program. Your agency is also to report on the beneficiaries of your program and on the accomplishments in accordance with the outcomes set forth in the Subrecipient Agreement. This data is to be documented in the GPR each quarter and should be accompanied by copies of intake forms, income self- certification forms, or any form used to determine beneficiary eligibility for those persons assisted during the relevant quarter.

Please direct your questions or comments to Jimmy Nguyen at (714) 741-5144 or by e-mail at [email protected].

Sincerely,
City of Garden Grove

Jimmy Nguyen
Neighborhood Improvement Program Specialist

Exhibit 6
Annual Monitoring Notification Letter: Desk Audit

[Date]

Subrecipient
ATTN: XXXXX

SUBJECT: ESG MONITORING – DESK AUDIT
FY (Year)

Dear Subrecipient:

The City of Garden Grove will be monitoring records pertaining to your agency’s use of Emergency Solutions Grant (ESG) funds under the terms and conditions set forth in the Subrecipient Agreement implemented during Fiscal (Year). Specifically, the City will be monitoring records for the periods of ---April 1, 20xx through June 30, 20xx (Quarter 4 of FY 20xx-xx ) and April 1, 20xx through June 30, 20xx (Quarter 4 of FY 20xx-xx ) via a desk audit based upon the following support documentation to be submitted no later than Monday, October 31, 20xx:

 For Quarter 4 of FY 20xx-xx and Quarter 4 of FY 20xx-xx , please submit an intake application for each beneficiary served during these periods.
 Support documentation such as receipts, invoices, purchase orders, time sheets, for all expenditures requested to be reimbursed by the City in Quarter 4 of FY 20xx-xx and Quarter 4 of FY 20xx-xx.  Record retention and file destruction policy
 Copy of your homeless termination procedures.

If you have already submitted part, or all, of this information to the City along with your quarterly Grantee Performance Report (GPR), then no action is necessary on your part.

Within 30 days of the desk audit, you will be notified in writing of the results of the monitoring and set forth any findings or concerns and the timeframe for a written response and corrective action. At this time you will have the opportunity to correct any misunderstandings, provide additional information that may be needed, and/or describe any actions you will undertake to correct areas of noncompliance, if applicable.

Thank you for your time and attention to this matter.

Please direct your questions to Jimmy Nguyen, Program
Specialist, at (714) 741-5144 or via email at [email protected]

Sincerely,

Jimmy Nguyen
Neighborhood Improvement Program Specialist

Exhibit 7
Monitoring Checklist

Exhibit 7: Monitoring Checklist

Monitoring Emergency Solutions Grant (ESG)Subrecipients

Subrecipient
Project Name
Subrecipient Representative(s)
Community Development Representative(s)
Date monitoring conducted Desk Audit
On-site visit(s)
Monitoring letter sent on
Date follow-up monitoring visit conducted/letter sent

A. Eligible Program Components/Activities

tttSecondary Activity Category (ESG eligible activities) ESG Activity Categories (Components)
Renovation/
Rehab
Essential
Services
Operations
Housing
Relocation &
Stabilization/
Financial
Assistance

Housing
Relocation &
Stabilization/
Financial
Services
Rental
Assistance

Street Outreach
Shelter
Homeless Prevention
Rapid Re-Housing
HMIS

Standard policies and procedures for evaluating individuals’ and families’ eligibility for assistance under Emergency Solutio ns Grant (ESG) Yes No NA Comments

□
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Does the subrecipient have safeguards to meet the
safety and shelter needs of special populations, e.g.
victims of domestic violence, dating violence, sexual
assault, and stalking; and individuals and families
who have the highest b arriers to housing and are
likely to be homeless the longest?

Does the subrecipient have policies and procedures
for assessing, prioritizing, and reassessing
individuals’ and families’ needs for es sential services related to emergency shelters?

Does the subrecipient have policies and procedures
for coordination among emergency shelter providers,
essential services providers, homelessness
prevention, and rapid re -housing assistance
providers; other homeless assistance providers; and
mainstream service and housing providers activities
must be coordinated and integrated to the maximum
extent practicable?

Does the subrecipient have policies and procedures
for determining and prioritizing which eligible families and individuals will receive homelessness prevention
assistance and which eligible families and individuals
will receive rapid re-housing assistance?

Does the subrecipient have standards for targeting
and providing essential services related to street
outreach?

If the subrecipient uses ESG funds to operate an
emergency shelter, are there policies and
procedures for admission, diversion, referral, and
discharge, including standards regarding length of
stay?

Does the subrecipient have standards for
determining what percentage or amount of rent and
utilities costs each program participant must pay
while receiving homelessness prevention or rapid re -
housing assistance?

Does the subrecipient have standards for
determining how long a particular program
participant will be provided with rental assistance
and whether and how the amount of that assistance
will be adjusted over time?

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Does the subrecipient standards have for
determining the type, amount, and duration of
housing stabilization and/or relocation services to
provide to a program participant, including the limits, if any, on the homelessness preve ntion or rapid re -
housing assistance that each program participant
may receive, such as the maximum amount of
assistance, maximum number of months the
program participant receive assistance; or the
maximum number of times the program participant
may receive assistance?

For ESG service activities, are the services new, or
quantifiable increases in the service levels, provided
by the local government with local funds within the
last year before the initial ESG grant?
[24 CFR 576.21(b)(1)]

Do the projects reviewed with both completed and
underway activities demonstrate that beneficiaries
receive, or were referred to, appropriate supportive
services, access to mainstream resources, and other
services needed to achieve independent living?
[24 CFR 576.56(a)(1)]

Yes No NA Type of Participants Assisted Required Documentation

Persons living on the street

For projects providing services (e.g., outreach, food, health care, clothing to persons who reside on the streets (but not in shelters or other places meant for human habitation), are there certifications signed and dated by staff that:
 verifies that the services are going to homeless persons, and  indicates where the persons served reside

Persons coming from living on the street and into a
place meant for human habitation

Was a statement signed and dated verifyng provided that person is coming from the street through:
 organizations or outreach workers who have assisted him/her in the past;  determining where the resident receives assistance checks, if applicable; and/or  other information regarding the participant’s recent past activities?

If staff is unable to verify in this manner that the person is coming from living on the street, were written, signed and dated statement prepared about the participant’s previous living place?

Persons coming from an emergency shelter Did subrecipient obtain from the referring agency a written, signed, and dated verification that the individual has been a resident of the emergency shelter?

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Persons coming from a transitional housing

Did subrecipient obtain from the referring agency two written, signed, and dated verifications:
1) a signed statement from the transitional housing staff i ndicating that the individual had been a resident there; and
2) the referring agency’s written, signed, and dated verification as to the individual’s homeless status when he/she entered their program?

If the referring agency did not verify the individua l’s homeless status upon entry into their program, did subrecipient verify that status? That is, in addition to the written, signed, and dated verification from the referring agency that the individual has been residing in the transitional housing, did sub recipient verify their status upon entry into transitional housing and document that status?.

Persons being evicted from a private dwelling Did the subrecipient:
 Document: the income of the participant; what efforts were made to obtain housing; and why, without the homeless assistance, the participant would be living on the street or in an emergency shelter.
 Documentation of one of the following:

 For formal eviction proceedings, evidence that the participant was being evicted within the week before receiving homeless assistance;
 Where a participant’s family is evicting, a signed and dated statement from a family member describing the reason for the eviction;
 Where there is no formal eviction process (in these cases, persons are considered evicted when they are forced out of the dwelling unit by circumstances beyond their control), he subrecipient secure:
 a signed and dated statement from the participant describing the situation; and  documentation and verification (through written, signed, and dated statements) of efforts to confirm that these circumstances are true.

Persons from a short term stay (up to 30 consecutive
days) in an instit ution who previously resided on the
street or in an emergency shelter
Did the subrecipient obtain:
 written verification from the situation’s staff that the participant has been residing in the institution for less that 31 days; and
 information on the pr evious living situation. Preferably, this will be the institution’s written, signed, and dated verification on the individual’s homeless status when he/she entered the institution. If the institution’s staff did not verify the individual’s homeless status upon entry into the institution, did subrecipient verify that status (i.e., if the person was living on the streets before moving into the institution, subrecipient is to obtain the documentation required under “Persons coming from living on the street”).

Persons being discharged from a
longer stay in an institution
Did subrecipient obtain signed and dated:
 evidence from the institution’s staff that the participant was being discharged within th e week before receiving homeless assistance; and
 documentation of the following:
 the income of the participant;
 what efforts were made to obtain housing; and
 why, without the homeless assistance, the participant would be living on the street or in an

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emergency shelter.

Persons fleeing domestic violence

Did subrecipient obtain written, signed, and dated verification from the participant that he/she is fleeing a domestic violence situation?
If the participant is unable to prepare the verification, did subrecipient prepare a written statement about the participant’s previous living situation and have the participant sign and date it ? ESG Beneficiaries
Yes NO NA
Did the subrecipient meet the f ollowing
minimum eligibility criteria for ESG
beneficiaries
Comments

For essential services related to street outreach,
beneficiaries must meet the criteria under paragraph (1)(i) of the “homeless” definition under § 576.2: ” An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings,
including a car, park, abandoned building, bu s or train station, airport, or camping ground”.

For emergency shelter, beneficiaries must meet the
“homeless” definition in 24 CFR 576.2

For essential services related to emergency shelter,
beneficiaries must be “homeless” and staying in an
emergency shelter, which could include a day shelter.

For homelessness prevention assistance, beneficiaries
must meet the requirements described in 24 CFR 576.103
provided to individuals and families who meet the criteria under “At Risk of Homelessness”, and who have an
annual income below 30% of the median family income for the area.

For rapid re -housing assistance, beneficiaries must meet requirements described in 24 CFR 576.104; that is, meet the criteria under paragraph (1) of the “homeless”
definition in 24 CFR 576.2 : ” An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular
sleeping accommodation for human beings, including a
car, park, abandoned building, bus or train station, airport, or camping ground;” o r who meet the criteria under
paragraph (4) of the “homeless” definition and live in an

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emergency shelter or other place – “Any individual or
family who:( i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life -threatening conditions that relate to violence against the individual or a family member,
including a child, that has either taken place within the individual’s or family’s primary nighttime residence or has made th e individual or family afraid to return to their primary nighttime residence; (ii) Has no other residence; and (iii) Lacks the resources or support networks, e.g., family, friends, faith based or other social networks, to obtain other permanent housing described in paragraph
(1) of the “homeless” definition”

Did the subrecipient r e-evaluate program participants’ eligibility and the types and amounts of assistance once every 3 months for homelessness prevention and not less than once annually for rapid re-housing assistance?

Did the subrecipient r e-evaluate program participants’ eligibility and the types and amounts of assistance once every 3 months for homelessness prevention and not less than once annually for rapid re-housing assistance?

For projects funding homeless prevention activities, are the beneficiaries low -income individuals or families at imminent risk of losing their housi ng due to a notice of eviction, foreclosure, or utility termination?
[McKinney-Vento Act, 42 USC 11374(a)(4)]

If “yes,” do the files show that the (a) beneficiaries’ assistance is necessary, (b) due to a sudden loss of
income, (c) the beneficiaries are able to resume payments in a reasonable time period, and (d) there are no similar funds available locally?
[McKinney-Vento Act, 42 USC 11374(a)(4)]

Are the homeless prevention funds defined as short term assistance (described in question 3 above); s ecurity
deposits or first month’s rent; landlord -tenant mediation; indigent tenant legal services; or other innovative
homeless prevention?
[24 CFR 576.3, Definitions: Homeless Prevention]

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Does assistance meet the definition of “innovative?”
(Describe nature of assistance in response below.)
[24 CFR 576.3, Definitions: Homeless Prevention]

ESG Match Requirements
ESG Match
(List each source of match separately)
Action Plan Amount Pledged CAPER Amount Shown Final Documented Match CASH/GOV’T. GRANTS
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $

NON-CASH CONTRIBUTIONS
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
TOTAL MATCH $ $ $

Yes No NA Requirement Comments
Does the subrecipient’s final documented match shown above equal or exceed the ESG grant amount? (24 CFR 576.201)

Are the documented match sources eligible forms of match expended within the grant year? (24 CFR 576.201)

Is the documented match above consistent with the amount shown in the quarterly subrecipient reports?

Yes No NA Record-Keeping Systems Comments

Filing System. Are the subrecipient’s files orderly,
comprehensive, secured for confidentiality where
necessary, and up -to-date? Note any areas of
deficiency.

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Documentation (confidentiality). Do the ESG
project files and subrecipient records have the
necessary documentation written records or
files pertaining to families under lock and key
with only particular personnel granted access
to those files? ESG subr ecipients are to
develop and implement procedures to
guarantee the confidentiality of records
concerning project participants and ensure
that the address and location of family
violence shelter facilities receiving ESG
funding are not publicly disclosed ex cept with
the written authorization of the person(s)
responsible for the shelter facility's operation.

Record Retention. Participation of Homeless
Persons in Policy -making and Operations.

Are there r ecords evidencing how the
subrecipient encourages the participation of
homeless persons in projects

Documentation (Evidence of homelessness and
termination procedures ). Does the subrecipient
maintain adequate documentation to determine
the eligibility of persons served by HUD's
homeless assistance programs, and that the
termination provision is correctly applied for any
individual or family terminated or violating
program requirements. records are maintained for
a 4-year period.

Record Retention . Is there a process for
determining which records need to be retained
and for how long?

Yes No NA Financial Management Systems (84.21−28)
Requirements Comments

Does the subrecipient have written
procedures covering the recording of
transactions, an accounting manual and a
chart of accounts?
Areas for possible sampling:
 Is there an organization ch art describing
actual lines of responsibility

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 Are key employee duties defined
 Is the chart of accounts inclusive of account
numbers to support the control needed to
ensure resources used do not exceed
resources authorized
 Do the internal control procedures support
the s ubrecipients ability to prepare financial
statements:

If the grantee has a written policy manual, does it
provide guidelines for controlling expenditures,
such as purchasing requirement s and travel
authorizations?

Are systems in compliance with accounting
policies and procedures for cash, real and
personal property, equipment and other assets
(85.20(b)(3) and 84.20(b)(3))?

Review the chart of accounts, journals, ledgers,
reconciliation, data processing, and reporting
system.

Areas for possible sampling:
 Does subrecipient record an
encumbrance/obligation when executing
contracts, purchase orders or maintain
readily accessible information on obligations
 Are expenditures supported for instance by
invoices, contracts or purchase orders
 Are expenditures identified with ESG source

Has all cash been promptly drawn down and
deposited? Are all drawdowns of Federal funds
properly recorded?

Has an audit been prepared for the subrecipient?
Determine if the subrecipie nt has expended
$500,000 or more in Federal funds for the subject
program year. (OMB Circular A-133)

If an IPA was prepared were there a ny findings
related to ESG activity?

Yes No NA Insurance Requirements Comments
Has the subrecipient submitted a current copy of

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its Certificate of Insurance?
Is the City named as an additional insured?

Yes No NA Procurement Requirements Comments

Do the procedures the subrecipient uses for
procurement of goods and services meet
requirements at 24 CFR Part 84 ? Review a
sample number of procurements.

How does the subrecipient assure there was no
conflict of interest, real or apparent?

Yes No NA Procurement Requirements Comments

Has the sub recipient purchased equipment with
ESG funds in excess of $1,000? Does the
subrecipient maintain the records required at

84.34?

Has a physical inventory taken place and the
results reconciled with property records within the
last two years?

If the subrecipient disposed of
equipment/property that was purchased with
Federal funds within the last five years:

 Were proceeds from the sale reported as
program income?

Yes No NA General Requirements Comments

Equal Employment Opportunity . Does the
subrecipient make it known that facilities and
services supported by this grant are available to
any pe rson (who otherwise meets the eligible
criteria for the program) without discrimination on
the basis of race, color, religion, sex, marital
status, national origin, familial status, disability,
age or creed? Note any deficiencies.

Section 3 . Opportunities for Training and
Employment for Local Residents – Refer to City
Section 3 Protocols. Note any deficiencies.

Requirements for Disabled Persons. Refer to

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EEO section above and note any concerns.

Women and Minority Business Enterprises.

Refer to OMB 84.44, affirmative steps
documentation. Note any concerns.

I. Conclusion and Follow-up

Prepared by City of Garden Grove, Community Development Department, Neighborhood Improvement Division:

Date Signature Title

Date Signature Title

Is the number of beneficiaries currently being served consistent with the service number in the approved Action Plan for the program year? [24 CFR 91.220(d)]

Yes No

2. Per the ESG Desk Guide, Section 6.2, is the IDIS drawdown rate consistent with the projected point-in-time expenditures for all projects reviewed during the grant term? (For example, if the project is in Year 1 of the maximum two-year term, the grantee should have expended all of its rehabilitation and one-half of any operations, supportive services, any homeless prevention, and administrative costs.)

Yes No N/A

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3. For the program year, has the grantee spent no more than 30% of its ESG grant for supportive services, unless a grantee had requested and received a waiver from HUD?
[24 CFR 576.21(a)(2) and McKinney-Vento Act, 42 USC 11374]

Yes No N/A

4. For the program year, has the grantee spent no more than 30% of its ESG grant for homeless prevention and other short-term financial assistance to prevent homelessness?
[24 CFR 576.21(c), 24 CFR 576.3 and McKinney-Vento Act, 42 USC 11374]

Yes No

5. For the program year, has the grantee spent no more than 10% of its ESG grant for operations for management staff costs?
[24 CFR 576.21(a)(3)]

Yes No

6. For the program year, has the grantee spent no more than 5% of its ESG grant for grant administration costs?
[24 CFR 576.21(a)(5); McKinney-Vento Act, 42 USC 11378]

Yes No

7. For completed program years reviewed, has the grantee spent all of its ESG funds within 24 months of grant award?
[24 CFR 576.35]

Yes No

Essential Services

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1 For ESG service activities, are the services new, or quantifiable increases in the service levels, provided by the local government with local funds within the last year before the initial ESG grant?
[24 CFR 576.21(b)(1)]

Yes No N/A

2. Do the projects reviewed with both completed and underway activities demonstrate that beneficiaries receive, or were referred to, appropriate supportive services, access to mainstream resources, and other services needed to achieve independent living?
[24 CFR 576.56(a)(1)]

Yes No

Homeless Prevention

For projects funding homeless prevention activities, are the beneficiaries low-income individuals or families at imminent risk of losing their housing due to a notice of eviction, foreclosure, or utility termination? [McKinney-Vento Act, 42 USC 11374(a)(4)]

Yes No N/A

4. If the answer to question 3 above is “yes,” do the files show that the (a) beneficiaries’ assistance is necessary, (b) due to a sudden loss of income, (c) the beneficiaries are able to resume payments in a reasonable time period, and (d) there are no similar funds available locally?
[McKinney-Vento Act, 42 USC 11374(a)(4)]

Yes No N/A

5. Does the total amount of homeless prevention funds spent by the grantee for the program year fall at or below the 30 percent limitation for this expenditure category?
[McKinney-Vento Act, 42 USC 11374(a)(4)]

Yes No

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6. Are the homeless prevention funds defined as short term assistance (described in question 3 above); security deposits or first month’s rent; landlord-tenant mediation; indigent tenant legal services; or other innovative homeless prevention?
[24 CFR 576.3, Definitions: Homeless Prevention]

Yes No

7. If the grantee funded innovative homeless prevention activities, does assistance meet the definition of “innovative?” (Describe nature of assistance in response below.)
[24 CFR 576.3, Definitions: Homeless Prevention]

Yes No N/A

Beneficiary Services

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Complete the table below using the information from the selected beneficiary sample. (Add more lines or attach another sheet, if needed.)
NAME
(if appropriate)
CASE
NUMBER

ADDRESS FORMER (F) OR

CURRENT (C)
BENEFICIARY?
ENTRY
DATE

2. For homeless assistance activities, does a review of the beneficiary files adequately document that the individuals or families were homeless prior to residency? [McKinney-Vento Act, 42 USC 11302(a)]

Yes No

3. For homeless prevention activities, are the individuals or families facing eviction or utility shutoffs, or in need of financial or legal services, eligible for assistance? (By HUD definition, prevention activities occur before persons become homeless.)
[McKinney-Vento Act, 42 USC 11374(a)(4) and 24 CFR 576.21(a)(4)]

Yes No N/A

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4. Is there at least one homeless person or formerly homeless person participating in the policy decision-making process regarding projects receiving ESG funds? [McKinney Act, 42 USC 11375(d) and 24 CFR 576.56(b)(1)]

Yes No

5. Are homeless persons, to the extent possible, involved in project development, operations and the provision of supportive services?
[McKinney Act, 42 USC 11375(c) and 24 CFR 576.56(b)(2)]

Yes No

6. For projects serving domestic violence victims, is there evidence to support that the grantee has established written procedures regarding confidentiality of client records and the address/location of any project serving domestic violence victims?
[McKinney-Vento Act, 42 USC 11375(c) and 24 CFR 576.56(a)(2)]

Yes No N/A

7. (a) Does the grantee have a written policy for the termination of beneficiaries? [McKinney-Vento Act, 42 USC 11375(e) and 24 CFR 576.56(a)(3)]

Yes No

(b) If no written guidance is available, interview staff to determine how terminations are handled.

(c) If beneficiaries have been terminated during the program year under review, does a file review indicate that the minimum due process requirements for termination (and, if applicable, the established policy guidance) were followed?
[McKinney-Vento Act, 42 USC 11375(e) and 24 CFR 576.56(a)(3)]

Yes No N/A

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Match Matrix

In completing the table below, the HUD reviewer should use the Consolidated Annual Performance and Evaluation Report (CAPER) as a basis to review documentation from the grantee or recipient to determine the amount of cash and in-kind resources brought to the grant.

Grant Number: ESG Allocation: $
ESG Match
(List each source of match
separately)
Action Plan
Amount
Pledged
CAPER
Amount
Shown
Final
Documented
Match
CASH/GOVN’T. GRANTS
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $

IN-KIND/SALARIES
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
VOLUNTEERS (@$5/hour)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
TOTAL MATCH $ $ $

I

2. Does the grantee’s final documented match shown in question 1 above equal or exceed the ESG grant amount?
[24 CFR 576.51 and 24 CFR 91.225(c)(6)]

Yes No

3. Is the documented match shown in question 1 above consistent with the amount shown in the CAPER?
[24 CFR 576.51 and 24 CFR 91.225(c)(6)]

Yes No

4. If the state government grantee claims the $100,000 match exclusion, did it provide documentation of benefit for those subgrantee recipients least able to pay?
[24 CFR 576.51 and 24 CFR 91.225(c)(6)]

Yes No N/A

General Requirements
 Uniform Administrative Requirement. ESG regulations at 24 CFR 576.407(c) require the governmental agencies apply 24 CFR Part 85, except for 24 CFR 85.24 and 85.42 , and program income is to be used as match under 24 CFR 85.25 (g). The requirements of 24 CFR Part 84 apply to Private Nonprofit subrecipients, except for 24 CFR 84.23 and 84.53 , and program income is to be used as the non-Federal share under 24 CFR

84.24 (b).

 Homeless Participation . Under 24 CFR 576.405 the City is ensure subrecipients provide for the participation of not less than one homeless individual or formerly homeless individual on the Board of Directors or other equivalent policy-making entity, to the extent that the entity considers and makes policies and decisions regarding any facilities, services or other assistance that receives funding under ESG.

 Program Termination. The City will review the termination/denial policy in each subrecipient’s Written Standards to verify that the following minimal components are included: a progressive discipline warning system, written notices, a formal appeal process, and consideration of the appeal by someone not involved in the original ter mination. Staff will also monitor each subrecipient’s compliance with ESG regulations at 24 CFR 576.402 to ascertain whether persons or families receiving assistance who violate program requirements are terminated only in the most severe cases. The

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1 subrecipient is required to terminate assistance in accordance with a formal process that has been established and that recognizes the rights of individuals or families affected.

City staff will monitor compliance with the following area-wide systems coordination requirements pursuant to 24 CFR 576.400.

 Consultation with CoCs. Staff will assist subrcipients are to consult with the CoC to (1) determine how ESG funds will be allocated in that region; (2) identify the performance standards for evaluating the outcomes of projects and activities; and (3) identify the funding, policies and procedures for the administration and operation of the HMIS, if appropriate

 Coordination with Other Targeted Homeless Services. City staff will monitor subrecipients to verify that other programs are targeted to homeless people in the area covered by the CoC to provide a strategic, community-wide system to prevent and end homelessness for that area.

 System and Program Coordination with Mainstream Resources . What steps has your agency taken to coordinate and integrate ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible.

 Centralized or Coordinated Assessment. Describe how your agency has worked with the CoC to ensure the screening, assessment and referral of participants are consistent with the Written Standards. A Victim Service Provider may choose not to use the CoC Centralized or Coordinated Assessment System.

 Written Standards .Once the CoC has developed Written Standards in accordance with the requirements outlined in 24 CFR 576.400(e)(2)(3), Each subrecipient is to use the CoC’s Provide a copy of your agency’s Written Standards established and applied for providing ESG assistance

 Participation in HMIS. The subrecipient is to ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or a comparable database in accordance with HUD’s standards on participation, data collection and reporting under a local HMIS. If the subrecipient is a Victim Service Provider or a Legal Services
Provider, it may use a comparable database that collects client level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS.

City staff will monitor each subrecipient’s compliance with other federal and state requirements set forth at 24 CFR 576.406-576.408.

 Per 24 CFR 576.407(a), the subrecipient is to adhere to the requirements in 24 CFR Part 5, Subpart A, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 41701u, and implementing regulations at 24 CFR Part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c).

 Faith-Based Activities. Religious organizations may receive ESG funds if agreeable to providing all eligible ESG activities in a manner that is in accordance with 24 CFR 576.406. ESG funds may not be used for the rehabilitation of structures if those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the federal cost accounting requirements. Sanctuaries, chapels, or other rooms the religious congregation uses as its principal place of worship are ineligible for ESG-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (See 24 CFR Parts 84 and 85).

 Organizations that are religious or faith-based are eligible to receive ESG funds but may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under ESG. Refer to 24 CFR 576.406 for additional details.

 Affirmative Outreach System and Program Coordination with Mainstream Resources . What steps has your agency taken to coordinate and integrate ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible.

 Centralized or Coordinated Assessment. Describe how your agency has worked with the CoC to ensure the screening, assessment and referral of participants are consistent with the Written Standards. A Victim Service Provider may choose not to use the CoC Centralized or Coordinated Assessment System.

 Written Standards .Once the CoC has developed Written Standards in accordance with the requirements outlined in 24 CFR 576.400(e)(2)(3), Each subrecipient is to use the CoC’s Provide a copy of your agency’s Written Standards established and applied for providing ESG assistance 

 Displacement, Relocation, and Acquisition . In accordance with 24 CFR 576.408, the displacement of persons as a result of a Components/Activities assisted with ESG funds must be provided Relocation Assistance pursuant to the URA and 49 CFR Part 24. Temporary relocation is not permitted. No tenant occupant of housing (a dwelling unit) that is converted into an Emergency Shelter may be required to relocate temporarily for a Component/Activity assisted with ESG funds or be required to move to another unit in the same building/complex. The acquisition of real property, whether funded privately or publicly, for a Component/Activity assisted with ESG funds is subject to the URA and the federal government-wide regulations at 49 CFR Part 24, Subpart B. Refer to 24 CFR 576.408 for additional details.

 Match. City staff will monitor matching contributions from each subrecipient to verify that the amount of match equals the amount of ESG funds received per 24 CFR 576.201, and that the match sources include any federal source other than the ESG Program, as well as State, local, and private sources (see 24 CFR 576.201).

 Shelter and Housing Standards. City staff will require per 24 CFR 576.403 that any ESG-assisted shelter to meet minimum Habitabilit y Standards. Shelters renovated with ESG funds, are to meet State or local government Safety and Sanitation Standards, as applicable, include energy-efficient appliances and materials, as well as incorporate lead-based paint remediation and disclosure requirements.

 Recordkeeping and Reporting Requirements. Submit a copy of the written policies and procedures your agency has developed to ensure that ESG funds are used in accordance with requirements at 24 CFR 576.500. In addition, sufficient records must be established and maintained to enable HCD and HUD to determine whether ESG requirements are being met. Refer to for additional details. (24 CFR 576.500):
 Homeless status. Follow written intake procedures to ensure compliance with the homeless definit ion in § 576.2. The procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status.  At risk of homelessness status . For each individual or family who receives ESG homelessness prevention assistance, the records must include the evidence relied upon to establish and verify the individual or family's “at risk of homelessness” status. This ev idence must include an intake and certification form that meets HUD specifications.  Determinations of ineligibility. For each individual and family determined ineligible to receive ESG assistance, the record must include documentation of the reason for that determination.
 Annual income. For each program participant who receives homelessness prevention assistance, or who receives rapid re -housing assistance longer than one year
 Income evaluation form completed by the subrecipient; and  Source documents for the assets held by the program participant and i ncome received over the most recent period ( e.g., wage statement, unemployment compensation statement, public benefits statement, bank statement);

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 If source documents are unobtainable, a written statement by the relevant third party (e.g., employer, government benefits administrator) or the written certification by the subrecipient's intake staff of the oral verification by the relevant third party of the i ncome the program participant received over the most recent period for which representative data is available; or  If source documents and third party verification are unobtainable, the written certification by the program participant of th e amount of income the program participant received for the most recent period representative of the income that the program participant is expected to receive over the 3-month period following the evaluation.  Program participant records. In addition to evidence of homeless status or “at risk of homelessness” status, as applicable, records must be kept for each program participant that document:
 The services and assistance provided to program participant, including the security deposit, rental assistance, and utility p ayments made on behalf of the program participant;
 Compliance with the applicable requirements for providin g services and assistance to t program participant under the program components and eligible activities provisions at § 576.101 through § 576.106, the provision on determining eligibility and amount and type of assistance at § 576.401(a) and (b), and the provision on using appropriate assistance and services at § 576.401(d) and (e); and  Where applicable, compliance with the termination of assistance requirement in § 576.402.  Centralized or coordinated assessment systems and procedures. Documentation evidencing written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC.  Rental assistance agreements and payments. The records must include copies of all leases and rental assistance agreements for the provision of rental assistance, documentation of payments made to owners for the provision of rental assistance, a nd supporting documentation for these payments, including dates of occupancy by program participants.  Utility allowance. The records must document the monthly allowance for utilities (excluding telephone) used to determine compliance with the rent restriction.
 Shelter and housing standards. Documentation of compliance with the shelter and housing standards in § 576.403, including inspection reports.
 Emergency shelter facilities. The amount and type of assistance provided to each emergency shelter.  Services and assistance provided. Types of essential services, rental assistance, and housing stabilization and relocation services and the amounts spent on these services and assistanc e. Subrecipients that are units of general -purpose local government must keep records to demonstrate compliance with the maintenance of effort requirement, including records of the unit of the general -purpose local government's annual budgets and sources of funding for street outreach and emergency shelter services.  Coordination with CoC and other programs. Document their compliance with the requirements of § 576.400 for consulting with the CoC and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs.

 HMIS. Records of the participation in HMIS or a comparable database by all projects.  Matching. The recipient must keep records of the source and use of contributions made to satisfy the matching requirement in § 576.201. The records must indicate the particular fiscal year grant for which each matching contribution is counted. The records must show how the value placed on third party, noncash contributions was derived. To the extent feasible, volunteer services must be supported by the same methods that the organization uses to support the allocation of regular personnel costs.  Conflicts of interest. Records to show compliance with the organizational conflicts -of-interest requirements in § 576.404(a), a copy of the personal conflicts of interest policy or codes of conduct developed and implemented to comply with the requirements in § 576.404(b), and records supporting exceptions to the personal conflicts of interest prohibitions.  Homeless participation. Document compliance with the homeless participation requirements under § 576.405.  Faith-based activities. Document compliance with the faith-based activities requirements under § 576.406.  Other Federal requirements. Document compliance with the Federal requirements in § 576.407, as applicable, including:
 Records demonstrating compliance with the nondiscrimination and equal opportunity requirements under § 576.407(a), including data concerning race, ethnicity, disability status, sex, and family characteristics of persons and households who are applicants for, or program participants in, any program or activity funded in whole or in part with ESG funds and the affirmative outreach requirements in § 576.407(b).  Records demonstrating compliance with the uniform administrative requi rements in 24 CFR part 85(for governments) and 24 CFR part 84 (for nonprofit organizations).
 Records demonstrating compliance with the environmental review requirements, including flood insurance requirements.  Certifications and disclosure forms required under the lobbying and disclosure requirements in 24 CFR part 87.  Relocation. Document compliance with the displacement, relocation, and acquisition requirements in § 576.408.  Financial records.
 Supportive documentation for all costs charged to the ESG grant.  Documentation showing that ESG grant funds were spent on allowable costs in accordance with the requirements for eligible act ivities under § 576.101-§576.109 and the cost principles in OMB Circulars A-87 (2 CFR part 225) and A-122 (2 CFR part 230).  Records of the receipt and use of program income.
 Documentation of compliance with the expenditure limits in § 576.100 and the expenditure deadline in § 576.203.  Subrecipients and contractors.
 The recipient must retain copies of all solicitations of and agreements with subrecipients, records of all payment reques ts by and dates of payments made to subrecipients, and documentation of all monitoring and sanctions of subrecipients, as applicable. If the rec ipient is a State, the recipient must keep records of each recapture and distribution of recaptured funds under § 576.501.

 The recipient and its subrecipients must retain copies of all procurement contracts and documentation of compliance with the procurement requirements in 24 CFR 85.36 and 24 CFR 84.40-84.48.
 The recipient must ensure that its subrecipients comply with the recordkeeping requirements specified by the r ecipient and HUD notice or regulations.
 Confidentiality.
 Written procedures to ensure:
□ All records containing personally identifying information of any individual or family who applies for and/or receives ESG as sistance will be kept secure and confidential;
□ The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and □ The address or location of any housing of a program participant will not be made public, except as provided under a preexisti ng privacy policy of the recipient or subrecipient and consistent with state and local laws regarding privacy and obligations of confidentiality. □ Written confidentiality procedures.
 Period of record retention. All records pertaining to each fiscal year of ESG funds must be retained for the greater of 5 years or the period specified below.
□ Documentation of each program participant 's qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for 5 years after the expenditure of all funds from the gra nt under which the program participant was served;
□ Where ESG funds are used for the renovation of an emergency shelter involves costs charged to the ESG grant that exceed 75 pe rcent of the value of the building before renovation, records must be retained until 10 years after the date that ESG funds are first obligated for the renovation; and
□ Where ESG funds are used to convert a building into an emergency shelter and the costs charged to the ESG grant for the conve rsion exceed 75 percent of the value of the building after conversion, records m ust be retained until 10 years after the date that ESG funds are first obligated for the conversion.
 Access to records.
 Federal government rights. Notwithstanding the confidentiality procedures established under paragraph (w) of this section, HUD, the HUD Office of the Inspector General, and the Comptroller General of the United States, or any of their authorized representatives, must have the right of access to all books, documents, papers, or other records pertinent to the ESG grant, in order to make audits, examinations, excerpts, and transcripts. These rights of access are not limited to the required retention period but last as long as the records are retained.

---

 Public rights. Provide citizens, public agencies, and other interested parties with reasonab le access (consistent with state and local laws regarding privacy and obligations of confidentiality and the confidentiality requirements in this part) to records regarding any uses of ESG funds the recipient received during the preceding 5 years.  Reports. The recipient must collect and report data on its use of ESG funds in the Integrated Disbursement and Information System (IDI S) and other reporting systems, as specified by HUD. The recipient must also comply with the reporting requirements in 24 CFR parts 85 and 91 and the reporting requirements under the Federal Funding Accountability and Transparency Act of 2006, ( 31 U.S.C. 6101 note), which are set forth in appendix A to 2 CFR part 170.

Agenda Item - 5.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Approval of a Cooperative
Agreement with the City of
Westminster for the
rehabilitation of pavement
surface on Westminster
Avenue from Magnolia Street
to Bushard Street. (Cost:
$521,285) (Action Item)
Date: 3/22/2022

OBJECTIVE
For the City Council to approve a Cooperative Agreement between the City of Westminster and the City of Garden Grove for the rehabilitation of pavement on Westminster Avenue from Magnolia Street to Bushard Street.

BACKGROUND
The City of Westminster prepared a street rehabilitation project for Westminster Avenue from Magnolia Street to Bushard Street and has offered to improve the City of Garden Grove’s portion. Approximately one-sixth of the work lies within the City of Garden Grove.

This proposed agreement is for the construction costs of Garden Grove's portion of the project. The City of Westminster is serving as lead agency.

DISCUSSION
Staff has reviewed the plans, specifications, and construction estimate of the project and verified the work located within Garden Grove. The project cost for City of Garden Grove’s portion of Westminster Avenue is estimated at $521,285.

FINANCIAL IMPACT
There will be no financial impact to the General Fund. This improvement is included in the FY 2021-22 Capital Improvement Budget and is funded by Measure “M2” Fairshare and Gas Tax (SB1).

RECOMMENDATION

It is recommended that the City Council:

Approve the Cooperative Agreement with the City of Westminster for the rehabilitation of Westminster Avenue from Magnolia Street to Bushard Street; and

Authorize the City Manager to execute the agreement, and make minor modifications as appropriate thereto, on behalf of the City.

By: Nick Hsieh, P.E., Associate Engineer
ATTACHMENTS:

Description Upload Date Type File Name
AGREEMENT 3/10/2022 Agreement
3-10-
22_Final_Coop_Agreement_-
_Westminster_ST_Imp-
Magnolia_2_Bushard.docx
LOCATION MAP 3/10/2022 Backup Material Westminster_-
_LOCATION_MAP_EXHIBIT_A.pdf

•
•

AGREEMENT

THIS AGREEMENT ("Agreement"), dated this _____ day of _________________, 2022, is made and entered into by and between the City of Westminster, a municipal corporation, hereinafter referred to as “WESTMINSTER” and the City of Garden Grove, a municipal corporation, hereinafter referred to as “GARDEN GROVE”.

WITNESSETH:

WHEREAS, WESTMINSTER is contemplating the rehabilitation of the pavement surface of that portion of Westminster Boulevard Street Improvement from Magnolia Street to Bushard Street (East City Limit), located in the City of Westminster, (hereinafter the “WESTMINSTER PORTION”); and,

WHEREAS, there is a portion of Westminster Boulevard located within the boundaries of GARDEN GROVE (hereinafter “GG PORTION”); and,

WHEREAS, GARDEN GROVE desires to have WESTMINSTER rehabilitate the GG PORTION of Westminster Boulevard in conjunction with the WESTMINSTER PORTION, collectively the “PROJECT”, and WESTMINSTER is willing to do so. The exact location of the GG PORTION is described in detail in the document attached hereto as Exhibit A, incorporated herein by this reference. The estimated cost of the GG PORTION, including a ten percent (10%) con tingency, is Five Hundred and Twenty- One Thousand Two Hundred and Eighty-Five Dollars ($ 5 21,285) (the "Estimated Cost").

NOW, THEREFORE, in consideration of the following promises, covenants, and conditions, the parties hereto do agree as follows:

1. DUTIES OF WESTMINSTER

a. Upon commencement of the PROJECT, WESTMINSTER shall include the GG PORTION as a part of WESTMINSTER’s public works project, prepare the request for bids, hire the lowest responsible bidder (the “Successful Contractor”), and oversee and administer the PROJECT in the GG PORTION in the same manner and to the same extent as the WESTMINSTER PORTION , all in accordance with all applicable laws governing construction of public works by WESTMINSTER, including, but not limited to, the California Environmental Quality Act and laws governing public bidding and the payment of prevailing wages. If WESTMINSTER, in its sole discretion, determines not to proceed with the PROJECT at any time prior to commencement of actual work, this Agreement shall terminate with

no further action required by either party. In the event the projected actual cost of the GG PORTION, as reflected in the Successful Contractor's bid, exceeds the Estimated Cost by twenty percent (20%), WESTMINSTER shall not award a contract to the Successful Bidder for the GG PORTION without prior written approval of GARDEN GROVE.

b. At least thirty (30) calendar days prior to release of the Notice Inviting Bids for the PROJECT, WESTMINSTER’s City Engineer shall provide GARDEN GROVE’s City Engineer a copy of the PROJECT’s plans and specifications for his approval, which approval shall not be unreasonably withheld. If GARDEN GROVE’s City Engineer objects to the plans and specifications, and if his objections cannot be sat isfied through discussions with WESTMINSTER’s City Engineer, the GG PORTION shall not be included in the PROJECT and WESTMINSTER shall proceed with the
WESTMINSTER PORTION only.

c. WESTMINSTER agrees that it shall not permit nor cause any hazardous materials to be brought upon, kept, used, stored, generated or disposed of in, or, or about the GG PORTION. “Hazardous Materials” shall mean any material that, because of its quantity, concentration, or physical or chemical characteristics, or any combination t hereof, is deemed by a federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment.

d. WESTMINSTER shall ensure that its contract with the Successful Contractor requires the Success ful Contractor provide insurance acceptable to GARDEN GROVE as shown in Exhibit “B,” to name GARDEN GROVE as an additional insured, and to indemnify, defend, and hold harmless GARDEN GROVE in the same manner and to the same extent as WESTMINSTER. WESTMINSTER shall not permit construction of any portion of the PROJECT to commence until evidence of the required insurance and additional insured endorsements have been provided to and approved by GARDEN GROVE.

2. GARDEN GROVE’S DUTIES

a. GARDEN GROVE shall pay WESTMINSTER for the actual cost of the work on the GG PORTION based upon unit prices bid of the Successful Contractor and quantities actually used on the GG PORTION. GARDEN GROVE shall pay WESTMINSTER the total amount due for the GG PORTION upon official final approval of the work by GARDEN GROVE provided that such final approval shall not be unreasonably withheld.

b. GARDEN GROVE agrees that any permits required by the Successful

Contractor for the work to be performed on the GG PORTION shall be issued to the Successful Contractor at no cost to WESTMINSTER or the Successful Contractor.

c. GARDEN GROVE shall provide its own inspection services for the GG PORTION of the work.

d. GARDEN GROVE agrees to fully cooperate with WESTMINSTER and the Successful Contractor in the prosecution of the work, traffic control, and any other matters required for completion of the PROJECT in the GG PORTION.

e. GARDEN GROVE acknowledges that WESTMINSTER is not the contractor for the PROJECT and that WESTMINSTER does not warrant any work performed by the Successful Contractor. Notwithstanding the above, WESTMINSTER shall require the Successful Contractor to provide GARDEN GROVE with any and all warranties, insurance coverage, and indemnities and any other rights the Successful Contractor agrees to provide to WESTMINSTER under the construction contract and as provided by law.

f. In addition to the above, GARDEN GROVE also agrees to pay WESTMINSTER for all costs associated with any change orders pertaining to the GG PORTION , provided the change orders have been previously approved in writing by GARDEN GROVE’s City Engineer.

3. ENTIRE AGREEMENT

This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and superse des all oral or written representations or written agreements that may have been entered into between the parties. No modification s or revisions shall be of any force or effect, unless the same is in writing and executed by the parties hereto.

4. ORDER OF PRECEDENCE

In the event of an inconsistency in this Agreement and any of the attached Exhibit, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

5. ASSIGNMENT

Neither GARDEN GROVE nor WESTMINSTER may assign or transfer its rights or obligations under this Agreement, or any part thereof, without the written consent of the other party.

6. ATTORNEYS’ FEES

In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

7. GOVERNING LAW

This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any appli cable statute or rule of law, then such portion only shall be deemed invalid. Venue shall exclusively be in a court of competent jurisdiction in the County of Orange, California.

8. NO WAIVER

No waiver or failure to exercise any right, option, or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option, or privilege on any other occasion.

9. NO THIRD PARTY RIGHTS

The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

10. NOTICES

Notices and communication concerning this Agreement shall be sent to the following addresses:

WESTMINSTER GARDEN
GROVE

City of Westminster City of
Garden Grove
Attention: Jake Ngo, P.E. Attention: Dan
Candelaria, P.E., T.E.

Public Works Director/City Engineer City Engineer
8200 Westminster Blvd. 11222 Acacia
Parkway
Westminster, CA 92683 Garden Grove, CA
92842

Either party may, by notice to the other party, change the address specified above.

Any notices, documents, correspondence or other communications concerning this Agreement may be provided by personal delivery, facsimile or mail and shall be addressed as set forth above. Such communication shall be deemed served or delivered:
a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) five (5) calendar days after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

11. EFFECTIVE DATE

The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signatures hereto.

12. INDEMNITY

WESTMINSTER and GARDEN GROVE each hereby agrees to indemnify, defend, protect and hold harmless the other party, and its elected and appointed officials, officers, employees, representatives, volunteers, and agents from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, workers’ compen sation benefits, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of any kind or nature, arising from the activities of the indemnitor or its officers, agents, or employees on the PROJECT, or any breach of contract, negligent acts, omissions or breach of law, or willful misconduct of the indemnitor, or its officers, agents, or employees arising out of the performance of, or failure to perform, any provisions of this Agreement.

Neither party assumes liability for the acts or omissions of persons other than each party’s respective officers, agents, or employees. In the event judgment is entered against both parties because of joint or concurrent negligence of both parties, or their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. The respective obligations of the p arties pursuant to this Section shall survive expiration or earlier termination of this Agreement.

13. COOPERATION

In the event any claim or action is brought against WESTMINSTER relating to the performance rendered under this Agreement, GARDEN GROVE shall render any reasonable assistance and cooperation which WESTMINSTER might require.

14. COSTS

Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

15. HEADINGS

Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

16. CONSTRUCTION.

The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

17. SEVERABILITY

If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

18. COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument.

19. CORPORATE AUTHORITY

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

[Signatures on the following page.]

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

CITY OF WESTMINSTER, ATTEST:

A municipal corporation

By: ___________________________
_____________________
________
Christine Cordon, Interim City Manager LUCIE COLOMBO, Westminster Interim City Clerk

APPROVED AS TO FORM: DATE O F
EXECUTION:

__________________________________
_____________________
________
Christian Bettenhausen, Westminster City Attorney

CITY OF GARDEN GROVE, ATTEST:

A municipal corporation

By: ___________________________
_____________________
________
Scott C. Stiles, City Manager Teresa Pomeroy , Garden Grove City Clerk

APPROVED AS TO FORM: DATE OF
EXECUTION:

______________________________
_____________________
________
Omar Sandoval, Garden Grove City Attorney

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Agenda Item - 6.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Maria Stipe
Dept.: City Manager Dept.: City Manager
Subject: Second reading and adoption
of Ordinance No. 2932
Date: 3/22/2022
Attached for second reading recommended for adoption is Ordinance No. 2932.

ATTACHMENTS:

Description Upload
Date Type File Name
Ordinance
No. 2932 3/15/2022 Ordinance 2932_GG_Ordinance_Adopting_City_Council_Districts_Post_2020_Census.pdf

1664414.1
ORDINANCE NO. 2932

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN

GROVE ADOPTING THE CITY OF GARDEN GROVE DISTRICT MAP

FOLLOWING REVIEW OF THE POPULATION CHANGES RESULTING
FROM THE 2020 FEDERAL DECENNIAL CENSUS

City Attorney Summary

This Ordinance adopts the City of Garden Grove
District Map for the election of City Council members
following review of the population changes resulting
from the 2020 Federal Decennial Census.

WHEREAS, pursuant to, and in accordance with, that certain judgment of the Orange County Superior Court entered on or about February 8, 2016, in the action entitled Rickk Montoya v. City of Garden Grove, California, Case No. 30- 2015- 00799522 the City Council adopted Ordinance No. 2866 on May 10, 2016, implementing by-district elections of council members from six districts with an at- large elected mayor, and establishing the City of Garden Grove District Map for the election of council members beginning with the November 2016 general municipal election; and

WHEREAS, pursuant to Elections Code 21601, following each decennial federal census the City Council shall by ordinance adopt boundaries for all of the council districts of the City so that the council districts shall be substantially equal in population as required by the United States Constitution; and

WHEREAS, the City retained Compass Demographics to assist with the process of reviewing the districts and conducting the redistricting process consistent with Elections Code 21601 following the 2020 Federal Decennial Census, which redistricting has been completed according to law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:

SECTION 1: Commencing with the November 8, 2022, General Municipal Election, the boundaries for each of the six City Council Districts are as shown on the attached Exhibit “A” along with the map entitl ed “City of Garden Grove District Map,” a copy of which shall be on file in the City Clerk’s office. This Map hereby replaces the map adopted pursuant to Ordinance No. 2866, codified at Section

2.04.040(A) of the Garden Grove Municipal Code.

SECTION 2: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance and

Garden Gove City Council
Ordinance No. 2932

1664414.1
each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTION 3: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.

The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ______.

MAYOR
ATTEST:

_______________________________

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on March 8, 2022, with a vote as follows:

AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, NGUYEN D., BUI, KLOPFENSTEIN, NGUYEN K., JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE

Garden Gove City Council
Ordinance No. 2932

1664414.1

EXHIBIT A

CITY OF GARDEN GROVE DISTRICT MAP

The City of Garden Grove District Map is attached, and a copy shall be on file in the City Clerk’s office. Descriptions of the boundaries of each District and their numbering are as follows.

First District.

The region bounded and described as follows: Beginning at the Northwest Corner of the City of Garden Grove and proceeding easterly along the City Boundary to Lampson Ave, and proceeding easterly along Lampson Ave to Magnolia St, and proceeding southerly along Magnolia St to Garden Grove Blvd, and proceeding westerly along Garden Grove Blvd to Yockey St, and proceeding southerly along Yockey St to Trask Ave, and proceeding westerly along Trask Ave to the City Boundary, and proceeding westerly along the City Boundary to the point of beginning.

Second District.

The region bounded and described as follows: Beginning at the point of intersection of the City Boundary and 9th St, and proceeding southerly along 9th St to Lampson Ave, and proceeding westerly along Lampson Ave to Euclid St, and proceeding northerly along Euclid St to W Chapman Ave, and proceeding westerly along W Chapman Ave to Magnolia St, and proceeding southerly along Magnolia St to Lampson Ave, and proceeding westerly along Lampson Ave to the City Boundary, and proceeding northerly along the City Boundary to the point of beginning.

Third District.

The region bounded and described as follows: Beginning at the point of intersection of Morrie Ln and W Chapman Ave, and proceeding southerly along Morrie Ln to Lampson Ave, and proceeding westerly along Lampson Ave to Brookhurst St, and proceeding southerly along Brookhurst St to the City Boundary, and proceeding westerly along the City Boundary to Trask Ave, and proceeding easterly along Trask Ave to Yockey St, and proceeding northerly along Yockey St to Garden Grove Blvd, and proceeding easterly along Garden Grove Blvd to Magnolia St, and proceeding northerly along Magnolia St to W Chapman Ave, and proceeding easterly along W Chapman Ave to the point of beginning.

Fourth District.

The region bounded and described as follows: Beginning at the point of intersection of Euclid St and W Chapman Ave, and proceeding southerly along Euclid St to the City Boundary, and proceeding southerly along the City Boundary to Brookhurst St,

Garden Gove City Council
Ordinance No. 2932

1664414.1
and proceeding northerly along Brookhurst St to Lampson Ave, and proceeding easterly along Lampson Ave to Morrie Ln, and proceeding northerly along Morrie Ln to W Chapman Ave, and proceeding easterly along W Chapman Ave to the point of beginning.

Fifth District.

The region bounded and described as follows: Beginning at the point of intersection of the City Boundary and 9th St, and proceeding easterly along the City Boundary to Haster St, and proceeding southerly along Haster St to Garden Grove Blvd, and proceeding westerly along Garden Grove Blvd to Newhope St, and proceeding southerly along Newhope St to Woodbury Rd, and proceeding westerly along Woodbury Rd to Libby Ln, and proceeding southerly along Libby Ln to Anabel Ave, and proceeding westerly along Anabel Ave to Shirley St, and proceeding southerly along Shirley St to San Juan Pl, and proceeding westerly along San Juan Pl to Anita Pl, and proceeding southerly along Anita Pl to the City Boundary, and proceeding westerly along City Boundary to Euclid St, and proceeding northerly along Euclid St to Lampson Ave, and proceeding easterly along Lampson Ave to 9th St, and proceeding northerly along 9th St to the point of beginning.

Sixth District.

The region bounded and described as follows: Beginning at the point of intersection of City Boundary and Haster St, and proceeding southerly along City Boundary to Anita Pl, and proceeding northerly along Anita Pl to San Juan Pl, and proceeding easterly along San Juan Pl to Shirley St, and proceeding northerly along Shirley St to Anabel Ave, and proceeding easterly along Anabel Ave to Libby Ln, and proceeding northerly along Libby Ln to Woodbury Rd, and proceeding easterly along Woodbury Rd to Newhope St, and proceeding northerly along Newhope St to Garden Grove Blvd, and proceeding easterly along Garden Grove Blvd to Haster St, and proceeding northerly along Haster St to the point of beginning.

Garden Gove City Council
Ordinance No. 2932

1664414.1

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