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 forth in the Scope of Services described in Attachment A to this agreement, a copy of which is attached hereto 767
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 in 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 noncompliance 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 768
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, 769
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 770
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 771
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 must 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 of 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 officers, 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 772
officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance 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 773
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 774
completion of the actions and resolution of all issues, or the expiration of the fouryear 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. 775
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 776
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 nonexpendable 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 nonexpendable 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.
777
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. 778
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 the 779
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 the 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.
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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 781
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 782
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. 783
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 any 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 784
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 785
screening for children under seven. The notice should also point out that if leadbased 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.
786
“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:
787
Attachment A
SCOPE OF SERVICES AND BUDGET
FY (Year)
788
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
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Attachment B
ELIGIBLE EXPENSE GUIDE
790
EMERGENCY SOLUTIONS GRANTS
PROGRAM
(ESG)
ELIGIBLE EXPENSE GUIDE
791
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 ....................................................................... 14 792
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
793
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 794
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 795
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 796
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
797
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. 798
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. 799
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.
800
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 reevaluation 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 801
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.
802
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.
803
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
804
Paying charges for electricity, gas, water, phone service and highspeed data transmission necessary to operate or contribute data to HMIS
Paying costs of staff to travel to and attend HUD-sponsored and HUDapproved 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 HUDsponsored 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
805
Exhibit 5
Monitoring Notification Letter: On-Site Visit
806
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 20XX-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., chart 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)
807
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 GPR’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 selfcertification 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
808
Exhibit 6
Annual Monitoring Notification Letter: Desk Audit
809
[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
810
Exhibit 7
Monitoring Checklist
811
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 Solutions Grant (ESG) Yes No NA Comments
812
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 barriers 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 essential 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?
813
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 prevention or rapid rehousing 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? 814
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 indicating 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 individual’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 subrecipient 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 institution 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 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 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 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 815
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 following
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, bus 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;” or who meet the criteria under
paragraph (4) of the “homeless” definition and live in an 816
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 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 described in paragraph
(1) of the “homeless” definition”
Did the subrecipient re-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 re-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 housing 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); 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]
817
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.
818
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 subrecipients 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 except 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 records 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 chart describing actual lines of responsibility
819
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 subrecipients ability to prepare financial
statements:
If the grantee has a written policy manual, does it
provide guidelines for controlling expenditures,
such as purchasing requirements 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 subrecipient 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 any findings
related to ESG activity?
Yes No NA Insurance Requirements Comments
Has the subrecipient submitted a current copy of
820
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 subrecipient 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 person (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
821
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
822
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
823
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
824
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
825
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 $ $ $
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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 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 829
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. 830
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
831
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 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. 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 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. 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); 832
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 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 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 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, 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 spent 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 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. 833
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 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 subrecipients, 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 distribution of recaptured funds under § 576.501. 834
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 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 or 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 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. 835
Public rights. Provide citizens, public agencies, and other interested parties with reasonable 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 (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. 836
OMB Control No: 2506-0117 (exp. 09/30/2021)
Consolidated Plan GARDEN GROVE 179
Appendix D
HOME MONITORING PROTOCOL
837
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) ATTACHMENT 4: HOME Monitoring Protocols
This attachment to the City of Garden Grove’s (City) Monitoring Plan is prepared to establish protocols for monitoring HOME Investment Partnerships Act (HOME) assisted rental housing projects The City is responsible to the U.S. Department of Housing and Urban Development (HUD) for monitoring HOME-assisted rental projects throughout the period of affordability to ensure that HOME-assisted rental projects are monitored adequately for continued compliance with federal and state regulations.
Monitoring guidelines are intended to assist City monitoring staff in making informed judgments about asset management, HOME Investment Partnerships Act (HOME) Program compliance and management efficiency of HOME-assisted rental projects.
The primary document used to monitor projects is the Regulatory Agreement. An exhibit of the Affordable Housing Agreement (AHA) or the Disposition and Development Agreement (DDA), a Regulatory Agreement is executed by the owner and the City or the City’s Redevelopment Agency (Agency) and recorded as a lien on the project in the official records of Orange County.
The Monitoring Process
Monitoring of HOME-assisted housing developments will be scheduled following the annual publication of HOME Investment Partnerships Act (HOME) rents and income limits by the U.S. Department of Housing and Urban Development (HUD), which typically occurs between March and May.
Monitoring will occur at two levels:
Annually, a desk audit will be performed wherein the owner/property manager will submit information certifying household sizes, household incomes and rents for all HOME-restricted units; and
Periodically, an on-site visit will be conducted, which will include a property inspection and an in-depth review of all the HOME and federal cross-cutting requirements, e.g., affirmative marketing and tenant selection procedures,
838
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) On-site monitoring will occur whenever developments are inspected to ensure compliance with the City’s property standards. While the City has the prerogative to monitor on-site more frequently, especially if a project is at risk because of outstanding findings or insufficient capacity, inspections and site visits will typically occur in accordance with the HOME Final Rule at 24 CFR 92.504(d):
Total No. of Units Minimum Schedule
1 – 4 units every 3 years
5 – 25 units every 2 years
26+ units annually
The following steps are to be taken when conducting a desk audit:
1. A monitoring letter (Exhibit 1: Annual Monitoring Letter) will be sent to the Owner/Property Manager transmitting the project’s Annual Compliance Report and certification and recertification forms along with the new HOME rents, income limits, Garden Grove Housing Authority utility allowance schedule and a form for calculating HOME rents.
2. The Owner/Property Manager is to submit the new rent schedule and the completed Annual Compliance Report (Exhibit 2: Project Compliance Report) accompanied by income certification or recertification forms (Exhibit 3: Tenant Income
Certification/Recertification Form) for each household occupying a HOME-designated unit.
3. A Monitoring Summary letter will be provided to the Owner/Property Manager 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.
4. The Owner/Property Manager is to provide a written response within 30 days of the date of the Monitoring Summary letter.
839
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II)
5. 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.
The following steps are to be taken when monitoring on-site:
1. A pre-monitoring letter (Exhibit 1.1: Monitoring Letter-Site Visitation) will be sent to the Owner and property manager at least two weeks in advance of the monitoring visit. The letter will detail the salient terms of the Project’s Regulatory Agreement that will be the source of monitoring and provide the Owner/Property Manager with the new HOME rents, income limits, Garden Grove Housing Authority utility allowance schedule and a form for calculating HOME rents.
2. Upon arrival, an entrance interview will be conducted to make sure that the owner and/or manager thoroughly understand the purpose, scope and schedule for the monitoring.
3. A detailed record will be prepared of information reviewed and conversations held with the Owner/Property Manager during the monitoring visit, using a checklist (Exhibit 4: File Checklist) and questionnaire (Exhibit 4.1: Monitoring Questionnaire) of HOME Program requirements. The information gathered will serve as a basis for conclusions to be included in the Monitoring Summary letter and follow-up.
4. After the monitoring visit, a Monitoring Summary letter will be forwarded to the Owner/ Property Manager 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. If relevant, the letter may stipulate steps initiated by the Owner/Property Manager to correct areas of noncompliance or nonperformance. A copy will be 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.
840
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II)
5. The Owner/Property Manager is to provide a written response within 30 days of the date of the Monitoring Summary letter.
6. 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.
Monitoring files
The City’s monitoring files will contain the following documents per project per year:
1. Copies of monitoring checklists and forms;
2. Copy of the Regulatory Agreement and Promissory Note;
3. Copy of monitoring letters to the Owner/Property Manager (Summary letter and Clearance letter);
4. Copies of the project’s Management Plan;
5. Copy of rent roll information submitted by the Owner/Property Manager;
6. Copy of the project’s residential lease;
7. Utility Allowance schedules;
8. If applicable, reports to confirm the owner’s compliance with leadbased paint requirements;
9. Reports of property and unit inspections;
10. Project Compliance Reports submitted by the Owner/Property Manager;
11. Copy of tenant certification /recertification forms
12. Confirmation of insurance coverage submitted by the property owner or management agent;
13. Confirmation of affirmative marketing compliance for projects with 5 or more HOME-assisted units;
14. Current claim for property tax exemption*;
15. Independent Copy of Residual Receipts Report; and
16. Audit*.
*Required for a Community Housing Development Organization (CHDO) only. 841
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) On-Site Monitoring
The City will conduct periodic on-site reviews of each HOME-assisted rental project to verify the following:
1. Continued income eligibility
The City will ascertain if the owner is correctly calculating income using the 24 CFR Part 5 definition, inclusive of asset calculations and use of appropriate verification forms, and if households are low-income or very low-income.
The City will also review tenant files to determine if the Owner/Property Manager annually re-certifies the income of each household occupying a HOME-assisted unit, and that the tenancy still meets the HOME income requirements. Though not a HOME requirement, the recertification should commence 120 days before the anniversary date and should be completed by the tenant’s recertification anniversary date.
2. Continued occupancy eligibility
For projects with five or more HOME-assisted units, a minimum of 20% of HOME-assisted units must continue to be occupied by very low-income households paying low HOME rents for the term of affordability, in accordance with the income limits published annually by HUD.
3. HOME Rents
Maximum monthly rents of HOME-assisted units may not exceed Low HOME and High HOME rent limits as published annually by HUD. HOME rents include a tenant utility allowance generally provided by the local housing authority.
When tenants receive additional subsidy through tenant-based rental assistance programs such as Section 8, additional requirements apply. Under the HOME Program, the total gross rent (for tenants receiving Section 8 assistance) includes the tenant’s share of rent, the subsidy payment, and the utility allowance. The total of these three amounts can not exceed the allowable HOME rent. Any issues of non-compliance must be corrected by the Owner/ Property Manager by reducing the gross rent (tenant share, subsidy, and utility allowance) to the allowable HOME rent effective the next interim or annual recertification.
842
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Very low-income residents receiving project-based rental subsidies are subject to rents allowable under the federal or State projectbased rental subsidy program, not the HOME rent limits. 4 Rents for over-income tenants
Over-income tenants (those with incomes over 80% of the area median) in HOME-assisted fixed units must pay the lesser of the amount payable by the tenant under State or local law (rent control) or 30% of the household’s adjusted income for rent. There is no rent cap for “fixed” units.
Over-income tenants in HOME-assisted floating units must pay 30% of their adjusted income for rent. However, the rent may not exceed the market rent for comparable, unassisted units in the neighborhood.
5. Property Standards
The Final Rule allows for inspection, using Housing Quality Standards at 24 CFR 982.201, of a sufficient sample of HOMEassisted units in a multi-family development, rather than inspection of each and every HOME-assisted unit in the development. The City will inspect 15 to 20 percent of the HOME-assisted units in a project including a minimum of one unit in every building. If consistent compliance problems are found, more units should be inspected. Housing Quality Standards at 24 CFR 982.201 will be the code used to inspect rental units. A separate inspection checklist will be completed for each HOME-assisted unit (Exhibit 5: HQS Inspection form).
6. Affirmative Marketing
Owners/Property Managers of Developments with five or more HOME-Assisted Units are required to maintain an Affirmative Marketing Plan (Exhibit 6: Affirmative Marketing/Fair Housing Marketing Report and Exhibit 6.1: Race and Ethnic Data Reporting Form) and to implement the following affirmative marketing procedures in marketing the development:
843
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Advertisements placed in newspapers with the broadest possible circulation, including foreign language newspapers in areas with a high percentage of non-English speaking residents.
Place the Fair Housing logo on all advertisements and marketing materials.
Prominently display Fair Housing posters at rental offices.
7. Tenant Protection Provisions
a. Project Lease
The HOME Final Rule 24 CFR 92.253 (a) states that the “Lease between a tenant and an owner of rental housing assisted with HOME funds must be for not less than one year, unless by mutual agreement between the tenant and owner.”
The City will verify that the sample lease does not include any of the following lease provisions (Exhibit 7: Illegal Lease Provisions) are prohibited under the HOME Final Rule at 24 CFR 92.253(b):
i. Agreement by tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit in connection with the lease.
ii. Agreement by tenant that owner may take, hold or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties.
This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner must dispose of this personal
property in accordance with State law.
iii. Agreement by tenant not to hold the owner or the owner’s agents legally responsible for any action or failure to act, whether intentional or negligent
iv. Agreement of the tenant that the owner may institute a lawsuit without notice to tenant.
v. Agreement by tenant that the owner may evict tenant or household members without instituting a civil court
proceeding in which the tenant has the opportunity to
present a defense, or before a court decision on the rights of the parties.
vi. Agreement by tenant to waive any right to a trial by jury. vii. Agreement by tenant to waive tenant’s right to appeal, or to otherwise challenge in court, a court decision in connection with the lease.
viii. Agreement by tenant to pay attorney’s fees or other legal costs even if the tenant wins in a court proceeding by the 844
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) owner against the tenant. The tenant, however, may be
obligated to pay costs if the tenant loses.
b. Tenant Selection;
Under 24 CFR 92.253 (d), an owner of rental housing assisted with HOME funds must adopt written tenant selection policies and criteria that:
Are consistent with the purpose of providing housing for very low-income and low-income families;
Are reasonably related to program eligibility and the applicants’ ability to perform the obligations of the lease; Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable;
Give prompt written notification to any rejected applicant of the grounds for any rejection.
The City will review the Owner’s tenant selection plan to ensure that tenants are selected for occupancy in accordance with HOME regulations and established management policies. The selection plan should include:
Citizenship/immigration status requirements. The owner should describe how citizenship/immigration requirements are implemented. Currently, there are no HOME restrictions on the use of assisted housing by non-citizens.
Social Security number requirements. Requirements for providing SSNs, allowing extended time to provide proof of SSNs and procedures used when an individual has no SSN, must be described.
Procedures for taking applications and selecting from the waiting list, such as the following:
.
o Selection of tenants must be based on order of
application.
o The plan must include policies for notification to tenant applicants of eligibility for residency, and based on
turnover history for units in the development, the
approximate date when a unit may be available.
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(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) o The plan description must include maintenance of a
waiting list of applicant households eligible to occupy assisted units and units designated for various income
levels, and the methods of advertising used to announce opening and closing of the waiting list.
o The plan must define each preference adopted for use
in the property and any rating, ranking, or combining of the preferences the owner has established that will
affect the order in which applicants are selected from
the waiting list. The plan should also describe the
acceptable sources of information to verify the
qualification for preferences.
o The plan must describe the procedures used by the
owner to meet the income targeting requirements.
o Policy for opening, closing and maintaining the waiting list.
846
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II)
APPENDIX
Exhibit 1: Sample Annual Monitoring Letter
Exhibit 1.1: Sample Annual Monitoring Letter – Site
Visitation
Exhibit 2: Project Compliance Certification
Exhibit 2.1: Project Compliance Report
Exhibit 3: Tenant Income Certification
Exhibit 3.1: Tenant Income Recertification
Exhibit 4: File Checklist
Exhibit 4.1: Monitoring Questionnaire
Exhibit 5: Housing Quality Standards (HQS) Form
Exhibit 6: Affirmative Marketing/Fair Housing
Marketing Report
Exhibit 6.1: Race and Ethnic Data Reporting Form
Exhibit 7: Illegal Lease Provisions
Exhibit 1: Sample Annual Monitoring Letter
847
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) -----, 200-
[Developer Name
Address]
SUBJECT: MONITORING OF [Project name]
Dear ----:
As you may know, development of the [Project name] included the use of federal HOME Investment Partnerships Act (HOME) funds from the City of Garden Grove (City). As a consequence, the City is required to annually monitor the project. This letter serves to transmit the following information you are to submit to the City within 30 days of this letter:
Project Compliance Report;
Certificate of Continuing Project Compliance; and
Tenant Certification/Recertification Forms.
Within 30 days receipt of the aforementioned documents, the City will notify you in writing of the results of the monitoring and set forth any findings or concerns the a timeframe for a written response and corrective action.
This letter further serves to relay the following attachments for your use:
Copy of the Regulatory Agreement;
HOME Rent Limits
Utility Allowance
HOME Rent Calculation Form
Please direct your questions or comments to Michael Salazar at (714) 741-5144 or via e-mail at [email protected].
Sincerely,
Susan Emery, Director
Community Development Department
cc: [Property Manager]
Attachments:
Certificate of Continuing Project Compliance
848
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Compliance Report
Certification/Recertification Forms
HOME Rent Limits
Utility Allowance
HOME Rent Calculation Form
849
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Exhibit 1.1: Sample Monitoring Letter-Site Visitation
-----, 200-
[Developer Name
Address]
SUBJECT: MONITORING OF [Project name]
Dear ----:
As you may know, development of the [Project name] included the use of federal HOME Investment Partnerships Act (HOME) funds from the City of Garden Grove.
As a consequence, the City is required to annually monitor the project and, as part of the City Monitoring Plan, to periodically conduct a site inspection and review project documents. This letter serves to notify you that the City has scheduled a monitoring visit of the [Project name] on --, --- 200- at --- a.m. at the office of the on-site property manager and to memorialize the information you are to provide to City representatives. Michael Salazar will hold an entrance interview on ---- with you and any representative(s) designated by the owner.
Mr. Salazar will then review project documents and tenant files to ascertain whether the project remains in compliance with HOME requirements, e.g., rents, tenant income eligibility, occupancy eligibility, property standards, affirmative marketing and fair housing and lease terms. Accompanying Mr. Salazar will be Gil Jelkin, who will need access to inspect the --- HOME-designated units to determine that the units comply with federal Housing Quality Standards (HQS), local and state codes.
The following information should be available at the time of monitoring:
Your key staff to assist during the monitoring and the unit inspections; Copy of the Regulatory Agreement;
Copy of monitoring letters (both initial summary letter and subsequent clearance letter);
Tenant files of tenants occupying HOME units with documentation evidencing income/asset certification compliance by the property owner or management agent;
Copies of the project’s Management Plan and Management Agreement, including tenant selection procedures and the project waiting list; Copy of rent roll information submitted by the owner or management agent;
Copy of the project’s residential lease;
Utility Allowance schedules;
850
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Reports of past property and unit inspections conducted by the City; Project Compliance Reports submitted by the property owner or management agent;
Confirmation of insurance coverage submitted by the property owner or management agent; and
Affirmative marketing plan and fair housing procedures.
Attached is the Project Compliance Report that Mr. Salazar will review with you, as well as a copy of the same Report that was submitted on -----.
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.
Please direct your questions or comments to Michael Salazar at (714) 741-5144 or via e-mail at [email protected].
Sincerely,
Susan Emery, Director
Community Development Department
cc: [Property Manager]
Attachments:
Certificate of Continuing Project Compliance
Compliance Report
Certification/Recertification Forms
Management Questionnaire
HOME Rent Limits
Utility Allowance
HOME Rent Calculation Form
851
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Exhibit 2: Project Compliance Certification
CERTIFICATE OF CONTINUING PROJECT COMPLIANCE
Reporting Period: July 1, ____ to June 30, ____
Project:_______________________________________________________ Total Number of Units in Project:
Total Number of Units/Percent Restricted to Income Eligible Tenants:
The undersigned, having executed an Agreement with the City of Garden Grove (City) and having received certain funds from the City for the purpose of financing a multifamily housing project referenced herein, does hereby certify the following during the preceding fiscal year. The minimum number of restricted units in the Project were occupied or held available for families who were income eligible in accordance with the Agreement.
The minimum number of restricted units in the Project were occupied or held available for income eligible families. The contract rents (rent plus utility allowance) charged for restricted units occupied by the eligible tenants did not exceed the limits prescribed in the Agreement.
The income of tenants in all qualifying units has been reviewed and verified, and falls within the applicable qualifying income limits. The representations set forth herein are true and correct to the best of the undersigned’s knowledge and belief.
No default exists under the Agreement; e.g., Project complies with the occupancy standards and property standards set forth in the Agreement.
Attached is an occupancy report listing the number of each unit occupied by eligible tenants, names of eligible tenants, number of occupants in the unit, annual income, move-in date and monthly contract rent. Also attached is a copy of a tenant statement and certification for each tenant continuously residing in a restricted unit during the reporting period. 852
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) All documents related to the Agreement funding the above Project are located at the following address: __________________________________ See separate file for formatted Project compliance Certification Address City State Zip Code
__________________________
Printed Name
__________________________
Signature
__________________________
Title
__________________________
Date
853
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Exhibit: 3: Income Certification
TENANT INCOME CERTIFICATION
__ Initial Certification __ Annual Recertification __Other PROPERTY NAME: COUNTY:
PROPERTY ADDRESS: UNIT NUMBER:
1. HEAD-OF-HOUSE NAME 2. NUMBER OF BEDROOMS
ASSETS
FAMILY
MEMBER ASSET DESCRIPTION
CURRENT CASH VALUE OF
ASSETS
ACTUAL INCOME FROM
ASSETS
3. NET CASH VALUE OF ASSETS…………………… 3.
4. TOTAL ACTUAL INCOME FROM
ASSETS........................................................
4. 5. IF LINE 3 IS GREATER THAN $5,000, MULTIPLY LINE BY _____ (PASSBOOK RATE) AND ENTER RESULTS HERE; OTHERWISE, LEAVE BLANK
5.
854
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II)
TENANT INCOME CERTIFICATION
__ Initial Certification __ Annual Recertification __Other
ANTICIPATED ANNUAL INCOME
FAMILY
MEMBERS
A.WAGES/
SALARIES
B. BENEFITS/
PENSIONS
C. PUBLIC
ASSISTANCE
D. OTHER INCOME E. ASSET INCOME
ENTER THE
GREATER OF
LINES 4 OR 5
FROM ABOVE
IN FIELD “E”
6. TOTALS A. B. C. D. E.
7. ENTER TOTAL OF ITEMS FROM 6A. THROUGH 6E.
THIS IS ANNUAL INCOME.
7. ________________________________________ ___ ______________________
SIGNATURE OF OWNER/ REPRESENTATIVE DATE
855
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) Exhibit: 3.1: Income Recertification
RECERTIFICATION OF ANNUAL INCOME BY TENANT FAMILY
Tenant Name: __________________________
Address & Unit #:__________________________
Telephone: __________________________
Household Information
Household Size (total number in household): ______
Household members (list): ____________________
____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ Income Information
Salary: $____________
Social Security: $____________
Other (Please specify):
________________ $_____________
________________ $_____________
Annual (gross) income (total of all household members):
$_______________
I/we certify this information is complete and accurate. I/we agree to provide upon request, documentation on all income sources to (Name of PJ and/or Property Owner/Manager)
856
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II) ___________________________ _________________________
Tenant Signature Date
--------------------------Property Owner’s Signature Only----------------------- I hereby certify that the above information agrees with the rental applications and documents presented by the above applicants, and that I have reviewed and attached documentation and the above information is true and correct to the best of my knowledge and belief.
/ /
Owner’s Signature Position/Title Date
WARNING: Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the United States Government.
For Property Management Personnel Only
Did staff use at least one of the following methods to verify information? ___Yes ___No, if no why?
Circle the method used:
1. Two (2) paycheck stubs form the tenant’s two (2) most recent pay periods
2. A copy of an income tax return from the tenant for the most recent tax year in which a return was filed.
3. An income verification certification from the employer of the tenant.
4. An income verification certification from the Social Security Administration and/or California Department of Social Services if the tenant receives assistance from such agencies.
5. A credit report from a commercial credit report agency. 857
(P:Neigh-Im\HUD Admin\HOME\HOME Monitoring Protocol Exhibit II)
6. An alternate form of income certification reasonably requested by the Owner, if none of the above forms of verification is available to the Owner.
Documentation
Did staff make a copy of the documentation and file in each tenant file? A copy of proof of income in file ______Yes ______No If no, why? 858
OMB Control No: 2506-0117 (exp. 09/30/2021)
Consolidated Plan GARDEN GROVE 180
Appendix E
BUDGET BREAKDOWN
859
Description Total
Available
Proposed
Funding
Balance
Available
Allocation $ 1,820,787.00 $ 1,516,657.40 $ 304,129.60
Admin Cap (20%) $ 364,157.40 $ 364,157.40 $ -
Pub Serv Cap (15%) $ 273,118.05 $ 273,000.00 $ 118.05
Anticipated Carry Over and Prior
Year Funds* $ 889,926.13 $ 450,000.00 $ 439,926.13
Project/
Organization Recommended Funding % of FundingSource
Prior Years
Carryover
Revolving Loan Fund Total
Budget
CDBG Salary $ 310,341.40 17% $ - $ 310,341.40
Fair Housing $ 30,000.00 2% $ - $ 30,000.00
Municipal Support $ 23,816.00 1% $ - $ 23,816.00
Subtotals $ 364,157.40 20% $ - $ - $ 364,157.40
Special Resource Team
(SRT)/GGPD $ 48,000.00 3% $ - $ 48,000.00
Senior Center/Community
Services Dept $ 155,000.00 9% $ - $ 155,000.00
Meals on Wheels $ 20,000.00 1% $ - $ 20,000.00
WARP (SUFK) $ 50,000.00 3% $ - $ 50,000.00
Subtotals $ 273,000.00 15% $ - $ - $ 273,000.00
Residential Streets
Improvements - CP-1446000
$ 500,000.00 27% $ 200,000.00 $ 700,000.00
Subtotals $ 500,000.00 27% $ 200,000.00 $ - $ 700,000.00 Home Repair Program
$120,000 - Contract
$15,000 - Permits/Inspections
$25,000 - Barr and Clark
$ 160,000.00 9% $ 160,000.00
MicroBiz Program (Grow
America)
$85K - FY 25-26 Contract
$3,500 - Credit Report Services
$1,000 - Lien Release Services
$ 89,500.00 5% $ 250,000.00 $ 200,000.00 $ 539,500.00
Garden Grove Boost Program
(Upwards) $ 130,000.00 7% $ 130,000.00
Subtotals $ 379,500.00 21% $ 250,000.00 $ 200,000.00 $ 829,500.00 CDBG Totals $ 1,516,657.40 83% $ 450,000.00 $ 200,000.00 $ 2,166,657.40 PY 2025 CDBG Funding
CDBG Administration
CDBG Public Services
CDBG Public Improvements
CDBG Other Funding
860
Description Total
Available
Proposed
Funding
Balance
Available
Allocation $ 600,297.38 $ 600,296.74 $ 0.64
Admin Cap (10%) $ 60,029.74 $ 60,029.74 $ (0.00)
Carry Over* $ - $ -
Project/
Organization
Recommended
Funding
% of Funding
Source
Prior Years
Carryover
Total
Budget
FY 24-25 HOME Admin $ 60,029.74 10% $ - $ 60,029.74
Subtotals $ 60,029.74 10% $ - $ 60,029.74
New Construction of
Affordable Housing $ 145,134.00 24% $ - $ 145,134.00
Acquisition/
Rehabilitation of
Affordable Housing
$ 145,133.00 24% $ - $ 145,133.00
HEART
Service Provider TBD by
NOFA
$ 250,000.00 42% $ 250,000.00
Subtotals $ 540,267.00 90% $ - $ 540,267.00
Totals - HOME $ 600,296.74 100% $ - $ 600,296.74
HOME-ARP Admin $ 455,581.65 15% $ - $ 455,581.65
Subtotals $ 455,581.65 15% $ - $ 455,581.65
Illumination Foundation
HEART
$ 1,290,815.00 42.5% $ - $ 1,290,815.00
TBD - PSH $ 1,290,814.35 42.5% $ - $ 1,290,814.35
Subtotal $ 2,581,629.35 85% $ - $ 2,581,629.35
Totals - HOME-ARP $ 3,037,211.00 100% $ - $ 3,037,211.00 HOME Totals $ 3,637,507.74 100% $ - $ 3,637,507.74
PY 2025 HOME Funding
HOME Administration
HOME Program Funding
HOME-ARP Administration
HOME-ARP Program Funding
861
Description Total
Available
Proposed
Funding
Balance
Available
Allocation $ 157,776.32 $ 157,789.00 $ (12.68)
Admin Cap (7.5%) $ 11,833.22 $ 11,833.00 $ 0.22
SO/Shelter Cap (60%) $ 94,665.79 $ 94,000.00 $ 665.79
Carry Over* $ 27,348.23 $ 27,348.23 $ -
Project/
Organization
Recommended
Funding
% of
Funding
Source
Prior Years
Carryover
24/25
Total
Budget
ESG Admin $ 11,833.00 7.5% $ - $ 11,833.00
Subtotals $ 11,833.00 7.5% $ - $ 11,833.00
211 Orange County $ 5,256.00 3% $ - $ 5,256.00
Subtotals $ 5,256.00 3% $ - $ 5,256.00
VOALA $ 49,000.00 31% $ - $ 49,000.00
SUFK $ 20,000.00 13% $ 20,000.00
Subtotals $ 69,000.00 44% $ - $ 69,000.00
Interval House $ 25,000.00 16% $ 25,000.00
Subtotals $ 25,000.00 16% $ - $ 25,000.00
SUFK $ 15,000.00 10% $ 27,348.23 $ 42,348.23
Subtotals $ 15,000.00 10% $ 27,348.23 $ 42,348.23
SUFK $ 31,700.00 20% $ 31,700.00
Subtotals $ 31,700.00 20% $ - $ 31,700.00
ESG Totals $ 157,789.00 100.01% $ 27,348.23 $ 185,137.23 Rapid Rehousing
Homeless Prevention
PY 2025 ESG Funding
ESG Administration
HMIS - Data Collection
Street Outreach
Emergency Shelter
862
Item 156/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Omar Sandoval
Dept: City Manager Dept: City Attorney
Date: 4/22/2025
Subject: Adoption of Resolutions ratifying the 180-Day wait period exemptions to hire retired annuitants. (Action Item)
OBJECTIVE
To obtain City Council approval of resolutions ratifying the approvals of resolutions 9892-24 and 9900-25 exempting the 180-day wait period to hire retired annuitants Rebecca Meeks and Jeffrey Davis on temporary, part-time basis.
BACKGROUND
On December 10, 2024, the City Council adopted Resolution No. 9892-24 approving the exemption to the 180-day wait period pursuant to Government Code 7522.56 and 21224 for the hiring of retiree Rebecca Meeks on a temporary, part-time basis, to assist with the implementation of the recently purchased Axon Public Safety Software. Similarly, at the last meeting on April 8, 2025, the City Council adopted Resolution No. 9900-25 approving the exemption for the hiring of retiree Jeffrey Davis to assist with his technical expertise needed to provide audio-visual technical support at upcoming large public City events. The City complied with the requirements of the State regulations for hiring the retirees on a temporary, part-time basis, except that Government Code 7522.56 requires that the appointments not be made on a consent calendar. Because the adoption of Resolutions 9892-24 and 9900-25 were inadvertently placed on the Council’s consent calendar, staff has agendized the attached ratification resolutions to enable the presentation of the appointments and ratification of the adopted resolutions under items for consideration, rather than the consent calendar to ensure full compliance with the State regulations.
DISCUSSION
1. Rebecca Meeks
In 2021, the Garden Grove Police Department purchased and began building the Axon Public Safety Software Suite. It was intended to replace an older software system acquired in 2014 that did not offer full integration with all the necessary software programs utilized by the Police Department. The implementation of the Axon software suite was anticipated to be 863
Item 156/2025
completed by 2024. However, unforeseen delays, software limitations, and ongoing schedule adjustments by the vendor have resulted in an extended timeline for completion.
Rebecca Meeks served as the lead on this critical software implementation project from its inception, providing invaluable expertise and leadership in the transition process. The Police Department recognizes the unique and irreplaceable knowledge and experience that Ms.
Meeks brings to this project, making her continued involvement essential for the successful completion of the software implementation.
Ms. Meeks retired on November 22, 2024, and the Police Department determined that it was necessary to retain her services on a post-retirement basis as extra help for her specialized skills. She will oversee the final stages of the Axon software implementation, coordinating with Axon, troubleshooting any arising issues, and ensuring the project is completed in accordance with the approved contract.
The offer letter to Ms. Meeks for appointment the position of Senior Program Specialist is attached. She would be hired to a position designated for a Retired Annuitant with a duration of three years from her starting date. As a retired annuitant, Ms. Meeks will receive an hourly wage comparable to the classification of Senior Program Specialist and will not receive any benefits beyond the hourly rate.
2. Jeffrey Davis
Jeffrey Davis retired on February 28, 2025, after serving on countless unique GGTV3 projects and events for more than 25 years. The City Manager’s Office and Office of Community Relations determined that it was necessary to retain Mr. Davis’ services on a post-retirement basis as extra help for his historical and specialized knowledge of Garden Grove legacy events, including the upcoming Strawberry Festival parade and State of the City. Both events are currently in the planning and development stages, and Mr. Davis’ knowledge and experience related to these events is invaluable. The City would benefit from Mr. Davis’ help to train new staff responsible for documenting these events and provide extra help as staff workload increases as the City’s legacy events approach.
The offer letter to Mr. Davis for the position of Senior Program Specialist is attached. He would be hired to a position designated for a Retired Annuitant with a duration of no more than 12 months. As a retired annuitant, Mr. Davis will receive an hourly wage comparable to the classification of Senior Program Specialist and will not receive any benefits beyond the hourly rate.
FINANCIAL IMPACT
Funding for Ms. Meeks’ part-time position is included in the Police Department’s FY 2024- 2025 budget, utilizing cost savings from vacant un-benefitted part-time positions. Funding for Mr. Davis’ part-time position is included in the Office of Community Relations’ existing operating budget. No additional appropriation is needed. 864
Item 156/2025
RECOMMENDATION
It is recommended that the City Council:
Adopt the attached resolutions ratifying the approvals of resolutions 9892-24 and 9900-25 exempting the 180-day wait period to hire retired annuitants Rebecca Meeks and Jeffrey Davis on temporary, part-time basis.
ATTACHMENT(S)
1. Resolution ratifying Resolution No. 9892-24
2. Resolution No. 9892-24
3. Rebecca Meeks offer letter
4. Resolution ratifying Resolution No. 9900-25
5. Resolution No. 9900-25
6. Jeffrey Davis offer letter
865
GARDEN GROVE CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE RATIFYING THE ADOPTION OF RESOLUTION NO. 9892-24 APPROVING A 180-DAY WAIT PERIOD EXCEPTION PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 TO HIRE RETIRED ANNUITANT ON A
TEMPORARY, PART-TIME BASIS
WHEREAS, pursuant to Government Code Section 7522.56 the Garden Grove City Council adopted Resolution No. 9892-24 on December 10, 2024, to provide CalPERS certification of hiring Rebecca Meeks, a retiree, before 180 days have passed since her retirement date; and
WHEREAS, Government Code Section 7522.56 requires that the appointment of the retiree not be placed on a consent calendar; and
WHEREAS, the approval of Resolution No. 9892-24 was inadvertently placed on the consent calendar; and
WHEREAS, this resolution and the discussion of Rebecca Meeks’ appointment was placed on the City Council agenda on April 22, 2025, for full discussion and ratification of Ms. Meeks’ appointment to ensure full compliance with State regulations.
NOW, THEREFORE, BE IT RESOLVED THAT after public discussion of the matter, the Garden Grove City Council hereby ratifies the adoption of Resolution No. 9892-24 certifying the nature of the appointment of Rebecca Meeks as described therein and detailed in the appointment document attached therein, and that the appointment is necessary to fill the critically needed position of Senior Program Specialist for the City of Garden Grove by January 6, 2025, because of the irreplaceable knowledge and experience that Rebecca Meeks bring to the implementation of the Axon Public Safety Software Suite project, making her continued involvement essential for the successful completion of the software implementation.
866
GARDEN GROVE CITY COUNCIL
RESOLUTION NO. 9892-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING A 180-DAY WAIT PERIOD EXCEPTION PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government Code Section 7522.56 the Garden Grove City Council must provide CalPERS this Certification Resolution when hiring a retiree before 180 days have passed since his retirement date; and WHEREAS, Rebecca Meeks retired from the City of Garden Grove in the position of Police Communications Manager, on November 22, 2024; and WHEREAS, Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is May 22, 2025, without this Certification Resolution; and
WHEREAS, Section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council, the City of Garden Grove and Rebecca Meeks certify that Rebecca Meeks has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints Rebecca Meeks as an extra help retired annuitant to perform the duties of the Senior Program Specialist for the City of Garden Grove under Government Code Section 21224, effective January 6, 2025; and WHEREAS, the entire employment agreement, contract or appointment document between Rebecca Meeks and the City of Garden Grove has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; WHEREAS, the maximum base salary for this position is $9,856 monthly and the hourly equivalent is $56.86, and the minimum base salary for this position is $6,671 monthly and the hourly equivalent is $38.49; and
867
Garden Grove City Council
Resolution No. 9892-24
WHEREAS, the hourly rate paid to Rebecca Meeks will be $56.86; and WHEREAS, Rebecca Meeks has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
WHEREAS, the City of Garden Grove Police Department purchased the Axon Public Safety Software Suite and Rebecca Meeks has served as the lead on the software implementation since its inception, which due to various unforeseen delays have yet to be completed;
THEREFORE, BE IT RESOLVED THAT the Garden Grove City Council hereby certifies the nature of the appointment of Rebecca Meeks as described herein and detailed in the attached appointment document and that this appointment is necessary to fill the critically needed position of Senior Program Specialist for the City of Garden Grove by January 6, 2025, because of the irreplaceable knowledge and experience that Rebecca Meeks bring to the software implementation project, making her continued involvement essential for the successful completion of the software implementation.
Adopted this 10th day of December 2024.
ATTEST: /s/ STEPHANIE KLOPFENSTEIN
MAYOR
/s/ LIZABETH VASQUEZ
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on December 10, 2024, by the following vote:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, NGUYEN, TRAN, DOVINH, MUÑETON, ARESTEGUI, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
/s/ LIZABETH VASQUEZ_
CITY CLERK
868
GARDEN GROVE
CITY OF GARDEN GROVE
HUMAN RESOURCES
;'—';;
t ,-//;'',' ( /p'/;
November 20, 2024
Rebecca Meeks
On File
Steve Jones
i 'il^.lll
Cindy Ngoc TranGeorge S. Brietigam
John R. O'NeillJoe DoVinh
I ! I II ] ( !i !';i^'i. i;.^ • !r 'iir i
Stephanie Klopfenstein
I -III ]] ;1 llil-i, ji -• i '!: I'i :!• I
Kim B. Nguyen-Penaloza
Dear Rebecca,
Thank you for accepting the offer as a temporary Senior Program Specialist. This letter outlines the terms of your extra help retired annuitant employment with the City of Garden Grove.
Your employment as a temporary Senior Program Specialist will start on January 6, 2025, with an anticipated end date of three years from your start date. Your wagewill be Step I of Range M171 at $56.86 per hour. As a retired annuitant, you areonly offered the hourly pay rate, as you are not eligible to receive any other benefit, incentive, compensation in lieu of benefits, or any other form of compensation.
Retirement contributions will not be collected or paid to you. Additionally, you maynot work more than 960 hours in a fiscal year.Please sign and return this letter to Human Resources to complete your hiring paperwork. If you should have any questions, please contact Liane Kwan in Human Resources at (714) 741-5011.
Sincerely,
JAlW H. LE
Deputy Director, Human Resources
I accept this job offer and all of the conditions listed above. '^^^-^—^ \ \ IW l/20-li{
Rebecca Meeks Date
11222 Acacia Parkway P.O.Box 3070
ggcity.org
Garden Grove, CA 92842
869
GARDEN GROVE CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE RATIFYING THE ADOPTION OF RESOLUTION NO. 9900-25 APPROVING A 180-DAY WAIT PERIOD EXCEPTION PURSUANT TO GOVERNMENT CODE SECTION 7522.56 AND 21224 TO HIRE RETIRED ANNUITANT ON A
TEMPORARY, PART-TIME BASIS
WHEREAS, pursuant to Government Code Section 7522.56 the Garden Grove City Council adopted Resolution No. 9900-25 on April 8, 2025, to provide CalPERS certification of hiring Jeffrey Davis, a retiree, before 180 days have passed since his retirement date; and
WHEREAS, Government Code Section 7522.56 requires that the appointment of the retiree not be placed on a consent calendar; and
WHEREAS, the approval of Resolution No. 9900-25 was inadvertently placed on the consent calendar; and
WHEREAS, this resolution and the discussion of Jeffrey Davis’ appointment was placed on the City Council agenda on April 22, 2025, for full discussion and ratification of Mr.
Davis’ appointment to ensure full compliance with State regulations.
NOW, THEREFORE, BE IT RESOLVED THAT after public discussion of the matter, the Garden Grove City Council hereby ratifies the adoption of Resolution No. 9900-25 certifying the nature of the appointment of Jeffrey Davis as described therein and detailed in the appointment document attached therein, and that the appointment is necessary to fill the critically needed position of Senior Program Specialist for the City of Garden Grove by April 12, 2025, because of the irreplaceable knowledge and experience that Mr. Davis’ technical expertise needed to provide audio-visual technical support and coverage at upcoming large public City events. 870
GARDEN GROVE CITY COUNCIL
RESOLUTION NO. 9900-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING A 180-DAY WAIT PERIOD EXCEPTION PURSUANT TO GOVERNMENT CODE SECTION 7522.56 AND 21224
WHEREAS, in compliance with Government Code section 78522.56 of the Public Employees’ Retirement Law, the Garden Grove City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Jeffrey Davis retired from City of Garden Grove in the position of Senior Program Specialist, effective March 1, 2025; and
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is August 29, 2025 without this certification resolution; and WHEREAS, Government Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentives; and
WHEREAS, the City Council, the City of Garden Grove, and Jeffrey Davis certify that Jeffrey Davis has not and will not receive a Golden Handshake or any other retirement-related incentives; and
WHEREAS, the City Council hereby appoints Jeffrey Davis as an extra help retired annuitant to perform the duties of the Senior Program Specialist for the City of Garden Grove under Government Code section 21224, effective April 12, 2025; and WHEREAS, the entire employment agreement between Jeffrey Davis and the City of Garden Grove has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $9856 and the hourly equivalent is $56.8639, and the minimum base salary for this position is $6671 and the hourly equivalent is $38.4872; and
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Garden Grove City Council
Resolution No. 9900-25
WHEREAS, the hourly rate paid to Jeffrey Davis will be $56.8639; and WHEREAS, Jeffrey Davis has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the appointment of Jeffrey Davis as described herein and detailed in the attached employment agreement document that this appointment is necessary to fill the critically needed position of Senior Program Specialist for the City of Garden Grove by April 12, 2025 because of Mr. Davis’ technical expertise needed to provide audiovisual technical support and coverage at upcoming large public City events.
Adopted this 8th day of April 2025.
ATTEST: /s/ STEPHANIE KLOPFENSTEIN
MAYOR
/s/ LIZABETH VASQUEZ
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on April 8, 2025, by the following vote:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, NGUYEN, TRAN, DOVINH, MUÑETON, ARESTEGUI, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0)
NONE
/s/ LIZABETH VASQUEZ
CITY CLERK
872
873
Item 128/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Chief El-Farra
Dept: City Manager Dept: Police
Date: 4/22/2025
Subject: Approval of an Amendment for a two-year extension to the Agreement with Allied Universal Security Services for Jail Operation Services. (Cost:$1,854,738.82) (Action Item)
OBJECTIVE
To seek City Council approval to extend the City’s contract with Allied Universal Security Services for the operation of the City’s temporary holding facility through 2027.
BACKGROUND
In 2023, the City Council approved a two-year extension agreement for jail operations services, covering two fiscal year budget cycles, which is set to end in June 2025.
DISCUSSION
As the City prepares its next two-year budget, the Police Department recommends extending the current contract with Allied Universal through June 2027 for the following reasons:
New Garden Grove Police Facility: The construction of a new Garden Grove Police facility, including a new jail, is set to be completed in mid to late 2026. To ensure continuity in operations, the Police Department prefers to maintain the current arrangements with Allied Universal rather than initiate a Request for Proposal (RFP) process in June 2025.
Allied Universal's Extensive Experience: Allied Universal is currently providing services to most of the policing agencies in Orange County with temporary holding facilities to include Westminster PD, Irvine PD, La Habra PD, Fullerton PD, and Buena Park PD. This existing relationship with multiple law enforcement agencies supports the case for continuing with their services, ensuring that established practices remain in place.
Proven Track Record: Allied Universal has a longstanding history of experience and reliability in jail security operations. This experience, along with their trained personnel and solid liability indemnity, ensures high-quality service for the City, minimizing operational risks compared to exploring other service providers at this time. 874
Item 128/2025
To ensure continuity in operations and for established practices to remain in place, staff has determined that it would be in the best interest of the Garden Grove Police Department to dispense of the bidding process as being in the best interest of the City pursuant to Garden Grove Municipal Code Section 2.50.060(G), and extend the contract with Allied Universal Security Services for an additional two fiscal years.
FINANCIAL IMPACT
The cost for the two-year extension is as follows:
FY 25-26: $907,113.54
FY 26-27: $947,625.28
Total: $1,854,738.82
These amounts will be incorporated into the Police Department's FY 2025-2026 and FY 2026-2027 operating budget.
RECOMMENDATION
It is recommended that the City Council:
Approve the extension of the contract for jail operation services with Allied Universal Security Services for two additional fiscal years through June 2027, pursuant to Garden Grove Municipal Code 2.50.060 (G), and
Authorize the City Manager, or designee, to execute the agreement on behalf of the City, and make minor modifications as appropriate thereto.
ATTACHMENT(S)
1. Amendment to Jail Services Agreement for FY 2025-2027
2. Allied Universal Extension Quote FY 2025-2027
875
1 1765487.1
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
FOR JAIL OPERATIONS SERVICES
This Amendment to Professional Services Agreement for Jail Operations Services ("Amendment") is entered into by and between the CITY OF GARDEN GROVE, a municipal corporation ("CITY"), and UNIVERSAL PROTECTION SERVICE, LP d.b.a.
ALLIED UNIVERSAL SECURITY SERVICES ("ALLIED"), effective as of July 1, 2025.
WHEREAS, CITY and G4S Secure Solutions (USA), Inc. entered into that Professional Services Agreement for Jail Operations Services Dated October 8, 2021 (“Agreement”) to provide assistance in the operation of the CITY’s temporary holding facilty; and WHEREAS, G4S Secure Solutions (USA), Inc. assigned the Agreement to ALLIED, and CITY consented thereto; and
WHEREAS, pursuant to Section 4 of the Agreement, the Agreement is for a period of three years, provided that the CITY has the option to extend the term for up to two more years; and
WHEREAS, CITY wishes to extend the Agreement through June 30, 2027.
NOW, THEREFORE, it is mutually agreed, by and between the parties as follows:
1. The term of the Agreement is hereby extended through June 30, 2027.
2. Section 9(E) of the Agreement is hereby amended to add the following compensation for Fiscal Years 2025-2026 and 2026-2027:
Fiscal Year Amount Term
FY 2025-2026 $907,113.54 July 1, 2025-June 30, 2026
FY 2026-2027 $947,625.28 July 1, 2026-June 30, 2027
TOTAL FOR TWO
ADDITIONAL YEARS $1,854,738.82
2. Except as expressly amended hereby, the Agreement remains in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
876
2 1765487.1
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their respective officers duly authorized on the dates set forth opposite their signatures, below.
Date: __________________________
CITY OF GARDEN GROVE, a municipal
corporation
By: _____________________________
Lisa L. Kim
City Manager
ATTESTED:
_______________________________
City Clerk
Date: __________________________
APPROVED AS TO FORM:
City Attorney UNIVERSAL PROTECTION SERVICE, LP
D.B.A. ALLIED UNIVERSAL SECURITY
SERVICES
By:
877
878
879
Item 133/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Chief El-Farra
Dept: City Manager Dept: Police
Date: 4/22/2025
Subject: Authorization for the issuance of a purchase order with Dooley Enterprises, Inc. for Police Department Ammunition. (Cost: $700,000)(Action Item)
OBJECTIVE
To seek City Council approval to authorize a purchase order with Dooley Enterprises, Inc. (Dooley) for the period July 1, 2025 through June 30, 2030, not to exceed $140,000 per year, for the purchase of training and duty ammunition for the Police Department.
BACKGROUND
Dooley Enterprises, Inc. is the sole Southern California distributor of Winchester training and duty ammunition. In May of 2020, City Council approved a purchase order with Dooley, which expires on June 30, 2025. The Police Department is now seeking approval to renew the purchase order for a five year term, through June 30, 2030.
DISCUSSION
It is important for police officers to train with the same ammunition they carry on-duty, and it is for this reason that the Department uses Winchester ammunition for its training needs.
The performance of the Winchester product is among the top in the industry, and has been the Department’s choice of ammunition for nearly thirty years because of its quality and low failure rate.
The Police Department aims to standardize its equipment to ensure consistency and operational efficiency. Dooley Enterprise, Inc. is the exclusive distributor of Winchester ammunition. In accordance with Garden Grove Municipal Code Section 2.50.060(d), the procurement of this ammunition is exempt from the standard bidding procedures.
FINANCIAL IMPACT
The cost for Winchester duty and training ammunition for the Police Department in the amount of $140,000 per fiscal year will be incorporated and fully funded from the Department’s FY 2025-2030 operating budgets.
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Item 133/2025
RECOMMENDATION
It is recommended that the City Council:
Authorize the Finance Director to issue a five year purchase order, for the term July 1, 2025 through June 30, 2030, in the amount of $700,000 to Dooley Enterprises, Inc., for the purchase of Winchester duty and training ammunition.
ATTACHMENT(S)
1. Dooley Enterprises - Sole Source Vendor Letter
881
January 14, 2025
To Whom It May Concern:
Dooley Enterprises (Anaheim, CA) is the authorized, sole source, law enforcement distributor for Winchester Ammunition in the state of California.
Sincerely,
George Brennan
National LE Sales Manager
Winchester LE
882
Item 117/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept: City Manager Dept: Public Works
Date: 4/22/2025
Subject: Authorization for the issuance of a purchase order to OC Winwater Works for the purchase of fire hydrant guards. (Cost: $271,545.49 )(Action Item)
OBJECTIVE
For the City Council to authorize the Finance Director to issue a purchase order under Bid No.
IFB N-1000 to OC Winwater Works for the purchase of fire hydrant guards.
BACKGROUND
The City reports on annual water loss efforts to help comply with the State Water Resources Control Board’s requirement of conducting water system audits. The Water Services Division experiences high volumes of water loss of up to 20,000 gallons per minute when a fire hydrant is sheared off during a traffic accident. Hydrant Guard check valves can be mounted under any wet-barrel, above-grade fire hydrant. The entire valve sits above ground, between the hydrant and the water supply pipe. Breakaway bolts hold the unit to the hydrant and are hollow so they will break when the hydrant is sheared, separating the hydrant from the flange before the water main pipe itself is damaged. In the event of a shear, the valves rotate instantly until they are perpendicular to the water flow, stopping the massive surge of water from the water main pipe. Staff plans to install the hydrant guard check valves on all arterial streets where most traffic collisions occur and installations will be done in phases to minimize costs. Staff’s first phase is targeting arterials that have experienced repeated traffic incidents involving sheared fire hydrants.
DISCUSSION
On February 14, 2025, Invitation for Bid N-1000 was posted on the City’s Planet Bids on-line bidding portal. Six (6) electronic bids were received and opened on March 17, 2025. The bid results are as follows:
Company Bid Amount
Orange County Winwater Works $271,545.49
S-J Supply Co., Inc. $272,920.09
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Item 117/2025
Western Water Works Supply Company $275,681.25
Core & Main LP $277,665.94
Ferguson Enterprises dba Ferguson
Waterworks
$278,943.75
Famcon Pipe & Supply, Inc. $282,315.00
The bid process involved bidding out fire hydrant guards for a total quantity of 100 and were compared on the total sum of unit prices. Staff has examined the bids received and determined the lowest responsive bidder was Orange County Winwater Works. A purchase order in the amount of $271,545.49 is needed to purchase this equipment.
FINANCIAL IMPACT
The total cost for purchasing the fire hydrant guards is $271,545.49. This expense is included in the City’s adopted Fiscal Year 2024-25 Water Utility operating budget. Investing in these guards will help minimize water loss caused by damage to fire hydrants, thereby protecting the best interests of our ratepayers.
RECOMMENDATION
It is recommended that that the City Council:
Authorize the Finance Director to issue a purchase order to Orange County Winwater Works, in the amount of $271,545.49, to purchase 100 fire hydrant guards.
By: Samuel Kim, P.E,
Deputy Public Works Director/
Water Services Manager
ATTACHMENT(S)
1. Bids and Summary
884
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885
Item 146/2025
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Lizabeth Vasquez
Dept: City Manager Dept: City Clerk
Date: 4/22/2025
Subject: Second reading and Adoption of Ordinance No. 2964, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING MAP AMENDMENT NO. A-041-2025 TO AMEND THE CITY’S OFFICIAL ZONING MAP TO CHANGE THE ZONING OF A 1.73 ACRE PORTION OF
THE PARCEL LOCATED ON THE SOUTH SIDE OF SANTA CATALINA AVENUE,
NORTHWEST OF SANTA BARBARA AVENUE, BETWEEN VALLEY VIEW STREET AND ST. MARK STREET, AT 5802 SANTA CATALINA AVENUE, ASSESSOR’S PARCEL NO. 224-212-01, FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE TO FACILITATE THE DEVELOPMENT OF A 26-UNIT RESIDENTIAL ATTACHED TOWNHOME PROJECT ON THE SUBJECT SITE. (Action item)
Attached for second reading is Ordinance No. 2964 recommended for adoption.
ATTACHMENT(S)
1. Ordinance No. 2964
886
ORDINANCE NO. 2964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING MAP AMENDMENT NO. A-041-2025 TO AMEND THE CITY’S OFFICIAL ZONING MAP TO CHANGE THE ZONING OF A 1.73 ACRE PORTION OF THE
PARCEL LOCATED ON THE SOUTH SIDE OF SANTA CATALINA AVENUE,
NORTHWEST OF SANTA BARBARA AVENUE, BETWEEN VALLEY VIEW STREET AND ST. MARK STREET, AT 5802 SANTA CATALINA AVENUE, ASSESSOR’S PARCEL NO. 224-212-01, FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE TO FACILITATE THE DEVELOPMENT OF A 26-UNIT
RESIDENTIAL ATTACHED TOWNHOME PROJECT ON THE SUBJECT SITE City Attorney Summary
This Ordinance approves an amendment to the City’s official zoning map to change the zoning of a 1.73-acre portion of the parcel located at 5802 Santa Catalina Avenue (Assessor's Parcel No. 224-212-01), from R-1 (SingleFamily Residential) to R-3 (Multiple-Family Residential) zone to permit and facilitate a new multiple-family residential project consisting of twenty-six (26) attached townhomes, along with associated site improvements.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, Neal Pafford, on behalf of Brandywine Homes, the applicant, submitted a request to rezone and subdivide an existing approximately 3.025-acre lot located on the south side of Santa Catalina Avenue, northwest of Santa Barbara Avenue, between Valley View Street and St. Mark Street, at 5802 Santa Catalina Avenue, Assessor’s Parcel No. 224-212-01 (the “Property”) containing an operating religious facility into two parcels to facilitate the development of a residential project on a new 1.73-acre parcel consisting of twenty-six (26) condominium townhomes and associated site improvements, on a property; and
WHEREAS, the applicant has requested the following approvals to facilitate the proposed development: (i) a General Plan Amendment to change the General Plan Land Use Designation of a 1.73-acre portion of the project site from Low Density Residential (LDR) to Medium Density Residential to facilitate the development of the residential project; (ii) a Zoning Map Amendment to change the zoning of a 1.73- acre portion of the subject property from R-1 (Single-Family Residential) to R-3 (Multiple-Family Residential) to facilitate the development of the residential project; (iii) a Tentative Parcel Map to subdivide the existing approximately 3.025-acre lot into two lots to facilitate the development of the residential project on a new 1.73- acre parcel and allow the existing religious facility to continue to operate on a new
1.29 acre parcel; (iv) a Tentative Tract Map to create a one-lot subdivision for the purpose of selling each townhome as a condominium; (v) Variance approval to deviate from the required rear yard setback for second-story building area; (vi) a Site Plan to construct twenty-six (26) two-story townhomes along with associated site improvements; and (vii) a Conditional Use Permit (CUP) to allow the religious 887
Garden Grove City Council
Ordinance No. 2964
facility to continue to operate on the new 1.29 acre parcel, and a waiver to allow the existing main sanctuary building to deviate from the required twenty-five foot (25’- 0”) building setback to a common property line with an “R” zoned property (collectively, the “Project”); and
WHEREAS, the Property currently has a General Plan Land Use Designation of Low Density Residential (LDR) and is zoned R-1 (Single-Family Residential); and WHEREAS, concurrently with the introduction of this ordinance, the City Council adopted Resolution No. 9902-25 approving General Plan Amendment No. GPA-001- 2025 changing the General Plan Land Use Designation to Medium Density Residential (MDR) for the new 1.29 acre parcel; and
WHEREAS, Zoning Map Amendment No. A-041-2025 would amend the City of Garden Grove’s official zoning map to modify the zoning of a 1.73 acre portion of the project site from R-1 (Single-Family Residential) to R-3 (Multiple-Family Residential); and
WHEREAS, an Initial Study and proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the Project in accordance with the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA"), and CEQA's implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq.; and WHEREAS, following a public hearing held on February 20, 2025, the Garden Grove Planning Commission adopted: (i) Resolution No. 6102-25 recommending the Garden Grove City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project; (ii) Resolution No. 6103- 25 recommending the Garden Grove City Council approve General Plan Amendment No. GPA-001-2025 and Zoning Map Amendment No. A-041-2025; (iii) Resolution No. 6104-2025 recommending the Garden Grove City Council approve Tentative Parcel Map No. PM-2024-124; (iv) Resolution No. 6105-2025 recommending the Garden Grove City Council approve Site Plan No. SP-150-2025, Variance No. V-045-2025, and Tentative Tract Map No. TT-19336, subject to specified Conditions of Approval, (v) Resolution No. 6106-25 recommending the Garden Grove City Council approve Conditional Use Permit No. 119-60 (Rev. 2025); and
WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project and the Mitigated Negative Declaration was held by the City Council on April 8, 2025, and all interested persons were given an opportunity to be heard; and WHEREAS, on April 8, 2025, the City Council adopted Resolution No. 9901-25 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, and Resolution No. 9902-25 contingently approving General Plan Amendment No. GPA-001-2025, and Resolution No. 9903-25 contingently approving Tentative Parcel Map No. PM-2024-124, and Resolution No. 9904-25 contingently approving Site Plan No. SP-150-2025, Variance No. V-045-2025, and 888
Garden Grove City Council
Ordinance No. 2964
Tentative Tract Map No. TT-19336 and Resolution No. 9905-25 contingently approving Conditional Use Permit No. CUP119-60 (REV. 2025); and WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of April 8, 2025, and considered all oral and written testimony presented; and
WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6103-25 and makes the following findings regarding Zoning Map Amendment No. A-041-2025:
A. Zoning Map Amendment No. A-041-2025 is internally consistent with the goals, policies, and elements of the General Plan.
B. Zoning Map Amendment No. A-041-2025 is deemed to promote the public interest, health, safety and welfare.
C. The proposed zone change will ensure a degree of compatibility with surrounding properties and uses.
D. The parcels covered by the proposed amendment to the Zoning Map are physically suitable for the requested land use designation(s), compatible with the surrounding land uses, and consistent with the General Plan.
E. Approval of Zoning Map Amendment No. A-041-2025 is consistent with Government Code Section 66300 because it will increase the permitted residential density of the subject parcel and will not change the zoning of the subject parcels to a less intensive use or reduce the intensity of land use within a zoning district below what was allowed under zoning for the parcel in effect on January 1, 2018.
F. The “No Net Loss” provisions of Government Code Section 65863 and Section
9.60.030 of the Garden Grove Municipal Code do not apply because approval of Amendment No. A-041-2025 will not require or permit the reduction of the allowable residential density for any housing element parcel.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct.
SECTION 2. The City Council Resolution No. 9901-25 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.
SECTION 3. Zoning Map Amendment No. A-041-2025 is hereby approved pursuant to the facts and reasons stated in Planning Commission Resolution No. 889
Garden Grove City Council
Ordinance No. 2964
6103-25, a copy of which is on file in the Office of the City Clerk, are hereby incorporated herein by reference with the same force and effect as if set forth in full.
Section 4. The property shown on the map attached hereto is hereby zoned to R-3 (Multiple-Family Residential), as shown thereon. Zone Map part E-08 is amended accordingly.
Section 5. Severability. 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 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 6. 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 on the date that is 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, LIZABETH VASQUEZ, 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 April 8, 2025, with a vote as follows:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, NGUYEN, TRAN, MUÑETON
ARESTEGUI, DOVINH, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
890