EMERGENCY SOLUTIONS GRANT
SUBRECIPIENT AGREEMENT
By and Between the
CITY OF SAN BERNARDINO
and
THE SALVATION ARMY
(a California Corporation)
EMERGENCY SOLUTIONS GRANTS PROGRAM
SUBRECIPIENT AGREEMENT
THIS EMERGENCY SOLUTIONS PROGRAM SUBRECIPIENT
the State of California, 925 West 10ths
DUNS Number 07-4629460.
RECITALS:
1. The CITY has been allocated funds under the Emergency Solutions Grants program ("ESG") from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance ("CFDA") 14.231 and Federal Award Identification Number (FAIN) is E-23-MC-06- 0539. For purposes of this Agreement, the ESG shail be demed to include Part 576 of Title 24 of the Code of Federal Regulations as it may be amended from time to time. 2 The CITY and SUBRECIPIENT (each, a "Party" and jointly, the "Parties") desires to enter into this AGREEMENT so that SUBRECIPIENT may receive a subgrant of the ESG funds in consideration of SUBRECIPIENT'S participation in the CITY'S ESG by the provision of the operation of an emergency solutions program ("program") for homeless individuals or families or individuals or families at-risk of homelessness in the City of San Bernardino in accordance with the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.
3. The SUBRECIPIENT represents that it is qualified to participate in the ESG and has the requisite qualifications, expertise and experience in the provision of emergency solutions programs for homeless individuals or families or individuals or families at-risk of homelessness and is willing to use said federal funds to operate said program.
4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at-risk of homclessness in obtaining appropriate supportive services including, but not limited to:
temporary and permanent housing, relocation and stabilization services, rapid re-housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state. local and private assistance available for such individuals.
5. The CITY agrees to reimburse the SUBRECIPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $319,747.55 in funding under the ESG and that no funds of the CITY shall be or become a source of funds under this AGREEMENT.
6. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent 2 upon an allocation and receipt of ESG funds from HUD and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its scrvices under this AGREEMENT.
7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds.
NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are • substantive part of this AGREEMENT and the following terms and conditions ar pproved and, together with all exhibits and attachments hereto, shall constitute the entir AGREEMENT between the CITY and the SUBRECIPIENT:
3 CONTACT INFORMATION
City of San Bernardino: Subrecipient Organization:
Cassandra Searcy The Salvation Army, a California
Corporation
Awarding Official
Title: Deputy Director of Housing and By: Naomi Kuhlman Homclessness
Address: 201 North E Street Title: Director of Programs City: San Bernardino Address: 925 W. 10* Street
State: CA Zip: 92401 City: San Bernardino
Telephonc: 909-384-7258 State: CA Zip: 92411
Telephone: 909-888-4880
Assistance Listing Number: 14.231 FAIN Number: E-23-MC-06-0539 Federal Award Date: 7/1/2024
geneate when the federal avard is signed by the authorized oficial of the federal awarding
1. ESG Funds Obligated
Program Year: 2024-2025 ESG Funds
Amount: $319,747.55
Total Amount of ESG Funds Obligated: $319,747.55
I. SCOPE OF PROGRAM
A. Gencral Administration
In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of cach activity, including the scrvices to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBRECIPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ESG.
B. Levels of Accomplishment - Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustment to the grant award is appropriate. 4 C. Staffing; Relationship of Parties; No Third Party Rights The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or joint venture between the Parties, it being understood and agreed that SUBRECIPIENT is and will be at all times an independent contractor pursuant to this AGREEMENT and shall not, in any way, be considered to be an officer, agent or employce of the CITY. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein.
II. TERM OF AGREEMENT
This AGREEMENT shall take effect on July 1, 2024, and shall terminate on June 30, 2025, unless otherwise cancelled or modified according to the terms of this AGREEMENT.
Ill. DISBURSEMENT AND FUNDS
A. Maximum Amount of Disbursements: Method of Disbursement.
CITY agrees to reimburse SUBRECIPIENT when, if and to the extent federal funds are reccived under provisions of the Act a sum not to exceed $319,747.55 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B. Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, not more frequently than monthly, commencing on or before the 5th day of cach month. a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ESG funds in monthly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT'S services under this AGREEMENT.
SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the prior written approval of the CITY's Director of the Economic and Housing Department, so long as the total budget amount does not increase.
B. Payment
Payment is subject to the receipt and approval of such invoices and monthly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last month of the term of this AGREEMENT and the CITY'S approval thereof, which invoice and report shall be due on or before July 15 following the expiration of the term of this AGREEMENT. The CITY shall pay such invoices within thirty (30) days after receipt thercof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required clements have been submitted.
Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been 5 received and approved by the CITY.
C. l Usc of Funds
The SUBRECIPIENT agrees to usc said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said ESG program only. Said amounts shall include and will be limited to those activities described at 24 CFR $§ 576.101 - $ 576.107, including without limitation, street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, housing relocation and stabilization services, short-term and medium-term rental assistance, and Homeless Management Information Systems ("HMIS") data contribution as set forth in. Allowable program costs are detailed in the Budget, as set forth in Exhibit B. The SUBRECIPIENT'S failure to perform, as required, may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof.
D. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of fedcral, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. In the event of funding reduction, the CITY may reduce the Budget for this AGREEMENT as a whole or may limit the rate by which SUBRECIPIENT receives the ESG funds for providing SUBRECIPIENT'S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law.
(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT'S services. Any inspection or examination by the CITY is for the sole purpose of protecting and preserving the CITY's rights under this AGREEMENT. No default of SUBRECIPIENT shall be waived by any inspection by the CITY. In no event shall any inspection by the CITY be a representation that there has been or will be compliance with this AGREEMENT or that SUBRECIPIENT is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this AGREEMENT or the provision of SUBRECIPIENT'S services. (3) Where the CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the 6 CITY may suspend the operation of this AGREEMENT for up to sixty (60) days upon three (3) days' notice to SUBRECIPIENT of the CITY'S intention to so act, pending an audit or other resolution of such questions.
E. Matching
The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceds the amount of ESG funds provided by HUD through the CITY Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR $ 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in the Budget (Exhibit B).
F. Program Income
(1) Definition. Program income means, as provided by 2 CFR § 200.1, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT.
(2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT.
(3) Counts toward Matching. Per 24 CFR $ 576.201, costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program.
G. Separation of Accounts
All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally-accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hercunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated to the satisfaction of the CITY.
H. Expenditure of Funds
Much like how HUD requires the CITY, pursuant to 24 CFR § 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement 7 with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means cither an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a rcallocation of funds.
I. Prohibited Use
Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families other than those identified as homeless or at-risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ESG funds will remain in compliance with all applicable federal, statc, and local laws, including applicable laws not outlined in this AGREEMENT.
Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities," in accordance with its instructions (see Exhibit D).
IV. NOTICES
All notices, demands or other writings to be made, given or sent hercunder, or which may be so given or made or sent by eithe coronaly ulivered or tail on the third (r) day ad co bane deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to CITY: City of San Bernardino
Community and Economic Development - Housing
290 N. D Strect
San Bernardino, CA 92401
8 With copies to: City of San Bernardino
Community and Economic Development Department -
Housing Division
Attention: Eddie Flores, Management Analyst
290 N. D Street
San Bernardino, CA 92401
Telephone No. (909) 384-7272 ext.
3423
If to SUBRECIPIENT: The Salvation Army, a California Corporation N2s wist bomareirector of Programs
San Bemardino, CA 92411
Telephone (909) 888-4880
V. GENERAL CONDITIONS
A. Coordination with Continuum of Care
The SUBRECIPIENT must work with the Continuum of Carc ("CoC") to ensure the screening, assessment, and reterral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must reep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment systems) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR § 576.400.
B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT shall conduct an initial evaluation to determine the eligibility of each individual or family for ESG assistance and the amount and types of assistance of the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under 24 CFR §576.400(d) and the written standards established under 24 CFR $576.401(a). Re-evaluations for homeless prevention and rapid rehousing assistance must be conducted in accordance with the written standards established under 24 CFR $576.401(b). Please see attached City of San Bernardino Emergency Solutions Grant Written Standards.
C. Terminating Assistance
If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR § 576.402. 9 D. Shelter and Housing Standards
The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR § 576.403.
E. Homeless Involvement
The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d).
F. Violence Against Women Act (VAWA)
The VAWA protections and rights outlined in the VAWA Reauthorization Act of 2022 apply to ESG funding including, but not limited to, protection from refusal of assistance, termination of assistancc, evictions based on survivor status, right to an emergency transfer, and lease bifurcation. The SUBRECIPIENT certifies that they will comply with all requirements found in 24 CFR § 576.409.
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 and any agent or employee of SUBRECIPIENT shall act in an independent capacity and not as officers or employees of the CITY. CITY assumes no liability for SUBRECIPIENT's actions and performance; nor does the CITY assume responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for SUBRECIPIENT.
SUBRECIPIENT shall not have authority to act as an agent on behalf of CITY unless specifically authorized to do so in writing. SUBRECIPIENT acknowledges that it is aware that because it is an independent contractor, CITY is making no deduction from any amount paid to SUBRECIPIENT and is not contributing to any fund on its behalf. SUBRECIPIENT disclaims the right to any fee or benefits except as expressly provided for in this AGREEMENT.
As respects all acts or omissions of SUBRECIPIENT relating to SUBRECIPIENT's responsibility for taxes, bonds, payments. or other commitments, implied, or explicit, by or for SUBRECIPIENT, the SUBRECIPIENT agrees to indemnify, defend (at the CITY's option), and hold harmless the CITY, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature to the extent arising out of or in connection with the SUBRECIPIENT's performance or failure to perform under this Section.
H. Subcontracts
(I) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activitics undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal 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 (Economic Opportunities for Low- and Very Low-Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
11 (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY.
1. Licensing
The SUBRECIPIENT agrees to obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its opcrations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. 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 which arise from or are necessary for the performance of the services required by this AGREEMENT.
J. Responsibilities Toward Employees
The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety cquipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected.
K. Insurance and Bonding
(1) Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of SUBRECIPIENT) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT.
The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR $ 200.427, and 2 CFR § 200.447.
The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below.
(2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below:
(a) Workers' Compensation Insurance, as required by State statutes, but no less than Onc Million Dollars $1,000,000 per occurrence;
(b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Promises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, and Four Million ($4,000,000) aggregate, combined single limit, written on an occurrence form; and
(c) Comprehensive Automobile Liability covcragc, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
Cyber Liability Insurance, Two Hundred and Fifty-Thousand Dollars ($250,000) per occurrence and aggregate. This includes privacy/network Security (cyber) for: (1) privacy breaches, (2) system breaches, (3) denial of loss of service and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City; (e) Professional Liability, One Million Dollars ($1,000,000) per clain and aggregate in the occurrence of errors or omissions. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Subrecipient. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on bchalf of" the insured and must include a provision establishing the insurer's duty to defend.
Each policy of general liability and automobile liability insurance required by this AGREEMENT shall contain the following clauses:
"Written notice of cancellation shall be delivered to the City Clerk of the City of San Bernardino, 290 N. D Street, San Bernardino, CA 92401 in accordance with the policy provisions."
"It is agreed that any insurance maintained by the City of San Bernardino shall apply in excess of and not contribute witl insurance provided by this policy."
"The City of San Bernardino, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of San Bernardino." SUBRECIPIENT hereby agrees to waive subrogation which any insurer of the SUBRECIPIENT may acquire from the SUBRECIPIENT by virtue of the payment of any loss. If requested by CITY, SUBRECIPIENT agrees to obtain and deliver to CITY an endorsement from SUBRECIPIENT's general liability and automobile insurance insurer to effect this waiver of subrogation.
Required Certificates and Endorsements. Prior to commencement of any work under this AGREEMENT, the SUBRECIPIENT shall deliver to CITY (i) insurance certificates confirming the existence of the insurance required by this AGREEMENT, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by CITY, it shall be the SUBRECIPIENT's responsibility to see that CITY reccives documentation, acceptable to CITY, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, CITY reserves the right at any time to demand, and to reccive within a reasonable time 13 period, certified copies of any insurance policies required under this AGREEMENT, including endorsements cffecting the coverage required by these specifications. (5) Company Rating. All insurance coverage shall be written with a company having an AM. Best Rating "A" or better and financial size VIll or larger. (6) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with thesc provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance.
L. Zoning:
The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoncd and permitted for such usc(s) and activity(ics). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.
M. Displacement and Relocation.
The SUBRECIPIENT must ensure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR $ 576.408 and applicable California relocation law (Government Code § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.) Any relocation plan for the Project shall be subject to the review and approval by the State of California.
N. Provisions Required by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were amended to make such insertion or correction.
VI. ASSURANCES AND CERTIFICATIONS
A. Non-Profit Status
The SUBRECIPIENT certifies that:
The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for 14 example, 26 USC $ 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hercunder and to undertake all obligations as provided hereir and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT.
If the SUBRECIPIENT's non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services.
(4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR $ 200.
B. Adherence to federal, state, and local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting federal, state, and local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c).
(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to raco, color, creed, religion, sex, agc, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Exccutive Orders 11375 and 12086.
(5) Nondiscrimination and Equal Opportunity in Participation. The requirements 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of racc, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual oricntation, or any other basis prohibited by 15 applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that usc of the facilitics, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities.
(6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Amricans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(c)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act.
C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds.
D. Drug Free Workplace
The SUBRECIPIENT represents and warrants that it has established the following drug-free workplace policy:
The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program.
12) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to:
a Abide by the terms above in statement (1), and
b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace.
Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after recciving notice of any such violation; or Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such cmployce, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.
16 E. Religious Organization
The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practic, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activitics. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR $ 576.406.
F. Additional Terms between the CITY and HUD
The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the Parties hereto.
OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants' health or safcty.
H. 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 the Hatch Act, 5 U.S.C. Section 1501 ct scq.
VII. ADMINISTRATIVE REOUIREMENTS
Generally
The following requirements and standards must be complied with: 2 CFR Part 200, et al.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR $ 200.318-326.
A. Procurement
Compliance. The SUBRECIPIENT shall keep itself fully informed of and in Subrecipient shall provide all notices as required by applicable law. The SUBRECIPIENT 17 shall report to the CITY all program assets (unexpended program income, property, equipment, ctc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT.
(2) Pursuant to 2 CFR $ 200.414 (c), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the federal government, or, if no cost rate exists, the de minimis indirect cost rate as defined in 2 CFR $ 200.414(f) Indirct (F & A) costs shall be used. For this AGREEMENT, the de minimis indirect cost of 10% will apply.
Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200.313.
B. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR $ 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 5'h day of each month as part of the Monthly Report:
(1) Payment Request. An original request for reimbursement and true copies of invoices, reccipts, agreements, HMIS reports or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter.
Monthly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT.
C. Record Kceping
Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post- completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) ycars until complete resolution or disposition of such appcals, litigation claims, or exceptions. All 18 said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR $ 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection reports), disclosure statements), and clearance reports). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above- referenced documents available within the City of San Bernardino, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR $ 576.500.
D. Homeless Management Information Systems (HMIS)
1. Generally. The SUBRECIPIENT must ensure that data on all persons scrved 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 if the SUBRECIPIENT is a victim scrvice provider or legal services provider, with the express knowledge and written consent of the CITY, a comparable databasc, in accordance with 24 CFR § 576.400(f), HUD's standards on participation, data collection, and reporting under a local HMIS.
HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of the SUBRECIPIENT'S agreement with the HMIS lead agency shall be delivered to the CITY. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be delivered to the CITY. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N.
Arrowhead Ave., 3'd Floor, San Bernardino, California (909-387-4700).
HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be delivered to the CITY.
4. HMIS Data Input. SUBRECIPIENT must enter data directly into the HMIS system, and adhere to all implementation guidelines developed under the Continuum of Cares, HMIS.
Participation includes, but is not limited to, the input of all programmatic and client data, the generation of all mandated monthly, quarterly and close-out reports. Subrecipient must input client data no more than forty eight (48) hours after date of program entry. Services rendered to clients must be entered into HMIS within forty-eight (48) hours from date of services. All clients who exit the program must have updated status in HMIS within forty eight (48) hours of actual exit date.
Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS and subject to the remedies set forth in Section XV below.
E. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit 19 conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR § 200.50la). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or causc compliance with audit reports) required by applicable provisions of the Lead-Based Paint Regulations as further detailed below.
VIll. EVALUATION AND MONITORING
A. Gencrally
The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. 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, contract suspension or termination procedures will be initiated.
B. Access to Records
The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and clectronic, relating to the program.
C. Audit
The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data.
IX. LIABILITY
A. Generally
Each Party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employces, agents, and subcontractors. Each Party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. 20 B. CITY not Liable for Funds
The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass- through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD.
C. Hold Harmless
The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, defense costs, liability or damages of any kind or nature resulting from or arising out of the acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers in the performance of SUBRECIPIENT's scrvices and activities under this AGREEMENT.
X. ENVIRONMENTAL CONDITIONS
A. Generally
ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project or activity under this part, or commit or expend ESG or local funds for eligible activities under this part unless and until HUD has performed an environmental review under 24 CFR part 50 and the SUBRECIPIENT has received HUD approval of the property.
The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicablc, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of the National Historic Preservation Act of 1966.
B. Lead-based paint remediation and disclosure
The Lcad-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A. B, H, J, K, M, and R apply to all shelters assisted under ESG and all housing occupied by program participants that were built before 1978.
C. Assignment of Responsibilities
By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilitics set forth in Subpart K of 24 CFR 35.
Compliance with Subpart K
The purpose of Subpart K is to establish procedures to climinate as far as practicable Icad-based 21 paint ("LBP") hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K ("LBP Regs").
The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common arcas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of cach deteriorated paint surface, and clearance, in accordance with $ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of federal assistance; Ongoing lead-based paint maintenance activities into regular building operations, n accordance with 8 35.1355(a).
clationship with a federal housing assistance liogrami, has a continuing active trance of loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part; and
(4) Notice_to occupants in accordance with $$ 35.125(b)(1) and (c), describing the results of the clearance examination.
Notification of LBP Hazard
The SUBRECIPIENT shall provide to all occupants of housing:
(1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphict. The pamphlet shall be the EPA/HUD/Consumer Product Safcty Commission Icad hazard information pamphlet or an EPA-approved equivalent.
The current form and version of the pamphlet can be found at:
https:/www.cpa.gov//eadprotect-your-family-lead-your-home-cnglisle (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any Icad hazard reduction work.
F. LBP Information Summary
For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. 22 CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regulations as to residential dwelling units to be assisted by the SUBRECIPIENT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations.
G. Exemptions
Section 35.115(a) provides exemptions from Subparts B through R. For example, lead-based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days.
XI. CONFLICTS OF INTEREST
The SUBRECIPIENT shall comply with 2 CFR $ 200.112 with respect to the use of ESG funds to procure services, cquipment, supplies, or other property. With respect to all other decisions involving the use of Es tunds, the following restriction shall apply: No person who is an employco, agent, consultant, officer, or clected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrecs to abide by the ESG Program's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 rogarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this scction.
XII. ASSIGNABILITY
None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agrecments that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT.
XIII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY's ESG funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ESG Funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and 23 The SUBRECIPIENT.
XIV. AMENDMENTS OR MODIFICATIONS
The SUBRECIPIENT shall not obligate, encumber, spond, or otherwise utilize ESG funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless:
(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or
(2) Budget changes may be made among approved program activities and among approved budget catcgories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented.
Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either Party unless in writing and signed by both Parties.
In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT.
XV. VIOLATION OF TERMS AND CONDITIONS
A. Events of Default.
For purposes of this Scction XV, the word "Default" shall mean the failure of SUBRECIPIENT to perform any of SUBRECIPIENT's duties or obligations or the breach by SUBRECIPIENT of any of the torms and conditions set forth in this AGREEMENT. In addition, SUBRECIPIENT shall be deemed to be in Default upon SUBRECIPIENT's (i) application for, consent to, or suffering of, the appointment of a recciver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of SUBRECIPIENT's assets or of SUBRECIPIENT's interests hereunder.
CITY shall not be deemed to be in Default in the performance of any obligation required to be performed by CITY hereunder unless and until CITY has failed to perform such obligation for a period of thirty (30) days after reccipt of written notice from SUBRECIPIENT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of CITY's obligation is such that more than thirty (30) days are required for its performance, then CITY shall not be deemed to be in Default if CITY shall commence to cure such performance 24 within such thirty (30) day period and thereafter diligently prosecute the same to completion.
B. Institution of Legal Actions.
In addition to any other rights and remedies, and subject to the restrictions otherwise sct forth in this AGREEMENT, either Party may institute an action at law or in equity to seek the specific performance of the terms of this AGREEMENT, to curc, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this AGREEMENT. Such legal actions must be instituted in the Suprior Court of the County of San Bernardino, State of California or in the United States District Court for the Central District of California.
C. Acceptance of Service of Process.
In the cvent that any legal action is commenced by the SUBRECIPIENT against CITY, service of process on CIlY shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by CITY against the SUBRECIPIENT, service of process on the SUBRECIPIENT shall be made by personal service upon SUBRECIPIENT's Representative or in such other manner as may be provided by law.
Rights and Remedies Are Cumulative.
Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the Parties are cumulative, and the exercise by cither Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.
E. Inaction Not a Waiver of Default.
Any failures or delays by cither Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
F. Applicable Law.
The laws of the State of California shall govern the interpretation and enforcement of this
AGREEMENT
G. Attorneys' Fees.
CITY and SUBRECIPIENT agree that in the event of litigation to enforce this AGREEMENT or terms, provisions and conditions contained herein, to terminate this AGREEMENT, or to collect damages for a Default hereunder, the prevailing Party shall be entitled to all costs and expenses, including reasonable attorneys' fees, incurred in connection with such litigation.
H. Immediate Termination for SUBRECIPIENT's Default.
25 In the event of any Default by SUBRECIPIENT, CITY may immediately terminate this GREEMENT. Such termination shall be cffective immediately upon reccipt by SUBRECIPIEN' f written notice from CITY. In such event, SUBRECIPIENT shall have no further right hercunder; CITY shall have all other rights and remedics as provided by law.
Termination Without Causc.
CITY may terminate this AGREEMENT at any time without the necessity of cause or Default by SUBRECIPIENT shal have no finter days here de vice to SURE IN sal be paid, for all Services rendered prior to receipt of notice of such termination.
J. Time for Performance.
Time is of the essence in the performance of this AGREEMENT. SUBRECIPIENT shall perform and complete all of SUBRECIPIENT'S services in a timely and expeditious manner.
SUBRECIPIENT shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that SUBRECIPIENT has delivered to the CITY written notice of the cause of any such delay within ten (10) days of the occurrence of such cause.
XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following:
(1) SUBRECIPIENT must submit, no later than forty-five (45) calendar days after the expiration of the term all financial, performance, and other reports as required by the terms and conditions of the Federal award;
R) Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than forty-five (45) calendar days after the and date of the period of performance as specified in the terms and conditions of the Federal award;
(3) SUBRECIPIENT must promptly refund any balances of unobligated cash that the 'ITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIEN or use in other projects (See 2 CFR 200.345
(4) SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310- 200.316 and 200.329; and.
(5) The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.
XVII. VALIDITY AND SEVERABILITY
26 The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
XVIII. LAWS GOVERNING THIS AGREEMENT
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.
XIX. WAIVER
No delay or omission by the CITY hereto to exercise any right or power accruing upon any non- compliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained.
XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS
All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to cach of the terns of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or (Remainder of page intentionally left bank; signatures on next page) 27 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.
CITY OF SAN BERNARDINO The Salvation Army,
A Califomia Municipal Corporation a California Corporation Rochelle Clayton talenterestem
Acting City Manager Name: KELLY PONTSLER
Title: TREASURER
Date: _ Date: 9. 18.2024
ATTEST
Genoveva Rocha, City Clerk
Approved as to form:
Best Best & Krieger LLP
Thomas Rice
28 Atal
EXHIBIT "A" SCOPE OF WORK
[Behind this page.]
The Salvation Army
The Salvation Army will deliver the following services under the City of San Bernardino FY 2024- 2025 ESG Award Agreement:
The Salvation Army will utilize Emergency Solutions Grant funding of $319,747.55 to provide the following services: Emergency Shelter operations and essential services for a minimum of 150 homeless individuals ($155,187.60); Homeless Prevention services including housing stabilization and short-to-medium-term rental assistance for individuals and families at risk of homelessness ($129,559.95); and HMIS data entry and administration ($35,000). These comprehensive services aim to address immediate housing needs, promote long-term stability, and contribute to the community's efforts in combating homelessness by providing both emergency relief and preventative measures to those experiencing or at risk of housing instability.
Project Scope: The Salvation Army will provide the following scrvices under this agreement, utilizing Emergency Solutions Grant funding of $319,747.55:
1. Emergency Shelter Services: The Salvation Army will operate emergency shelter facilities and provide essential services to a minimum of 150 individuals experiencing homelessness. This includes operational costs and necessary support services. Allocated funding: $155,187.60.
2. Homeless Prevention Services: The organization will offer housing stabilization services and short- to-medium-term rental assistance to individuals and families at risk of homelessness. These services aim to prevent clients from entering emergency shelters or becoming homeless. Allocated funding:
$129,559.95.
3. HMIS Data Management: The Salvation Army will conduct data entry and administration for the Homeless Management Information System (HMIS) to track and report on service delivery and outcomes. Allocated funding: $35,000.
EXHIBIT "B" BUDGET
(Behind this page.]
The Salvation Army
FY 2024-2025
Sources of Funds: ESG Funds Applicant's Other Total
Funds $ Sources:
(Match):
Street Outreach'
Scrvice Activity:
Service Activity:
Service Activity:
Emergency Shelter? GIK
ersonnel Activity $100,000
Essential Service $300,000
Operational Activity: $55,187.60
Shelter Operations
Operational Activity:
Homeless Prevention?
Activity: Short-and/or $129,559.95 Portfolio Income $130,000 medium-term assistance Undesigned
Rapid Re-Housing
Assistance:
Activity:
Activity:
Activity:
HMIS* San Manuel $100,000
Activity: Grant
$35,000
TOTAL: $ 319,747.55 $530,000
'Limited up to 60% of the total fiscal ycar grant for street outreach and emergency shelter activitics combined - Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 'Homelessness Prevention Activities - 40% of ESC funding is targeted for homclessness prevention activities *HMIS participation is required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 EXHIBIT "C"
CERTIEICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the any federal contact, grant, loan or cooperative agreement. () Ifany funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit OMB Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
() The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Name of Subrecipient Organization: The Salvation Army, a California Corporation Program Title: Hospitality House
KELLY PONTSLER TREASURER
Name of Certifying Officer Signature
Date 9.18.2024
EXHIBIT "D"
DISCLOSURE OF LOBBYINGACTIVITIES
[Behind this page.]
ATTACHMENT D
Approved by OMB
DISCLOSURE OF LOBBYING ACTIVITIES 0348-0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract Bar bid offer/application a. initial filing b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan insurance
1. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is a Sub awardeo, Enter Name D primo EJ sub awarded and Address of Prime:
Tier • ifknown: NIA
Lutheran Social Services of Southern California
Congressional District, ifknown: Congresslonal District, ifknown:
6. Federal Department/Agency: 7. Federal Program Name/Description:
San Bemardino County FY 2024-2025 ESG
CFDA Number, ifap plicable: 14.231
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$ NIA
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (ifindividual, last name, first name, M): different from No. 1Oa) NIA. NO LOBBYING (last name, first name, Mi):
NIA
11. Signature:
Prin: Name: KEASURENTSLER
Title:
Telephone No.: Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
DISCLOSURE OF LOBBYING ACTIVITIES
Approved by OMB
Complete this form to disclose lobbying actvitles pursuant to 31 U.S.C. 1352 4040-0013
1. " Type of Federal Action: 2. • Status of Federal Action: 3. " Report Type:
a contact a. batoffer/appicaton
X a initial fling
b grant
Xo. Intal enord b malenal change
e cooperatma agreement
5:0000 c. post-award
on guaranted
4. Name and Address of Reporting Entity:
X SusAwarden Tier it knowm:
" Name
• Street 1 Stroet 2
• City
Zip
Congressional District, If kramn:
5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime:
• Name
• Sever :
Street 2
Zip
Congressional District, if known
6. " Federal Department/Agency: 7. * Federal Program Name/Description:
CFDA Number, it apralicabre.
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant:
Midato Name
Strool 2
] 2i0 l
Suffix
Steel 2
Zo
11. formation requested Urrough this form is autonzed by ille 31 U.S.C secton 1352 This daclosure of lobbying activities is a malarial representation of fact upon unla alance was placed by the tor ebove when me transaction was made or entered into. This disclosure is required pursuant lo 31 U.S.C. 1352. This infomal on will De reported to $10.000 and not more than $100,000 for each such tills Ure Congress semi-annually and wil be avalable for public inspection. Any person who fails to fie the required disclosure shad de subfect to a ani penalty of not less than " Signature:
*Name: Prefix • Fist Name KELLY PONTSTER
Motto Name
• Lost Name
Suthx
Tide: TREASURER
Telephone No.: Dale:
Federal Use Only: uthoreed for Lossi Reproductio
Standard Form - LLL (Rev. 7A:
DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 EXHIBIT "E"
EMERGENCY SOLUTIONS GRANT -
WRITTEN STANDARDS
(Behind this page.
DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 City of San Bernardino
Economic and Housing Development
OF MINORITA
CITY
•
SOUNDED IN FREDE
Emergency Solutions
Grant
Written Standards
201 N. North E Street, Third Floor
San Bernardino, CA 92415-0043
(909) 384-7267
www.sbcity.org
Revised 10/10/19
A. Program Written Standards
Sub-Recipients are required to comply with the Department of Housing and Urban Development (HUD) minimum standards for providing ESG assistance and those standards relevant to ESG that are required by their Continuum of Care (COC). The following minimum program standards are required for delivering the ESG program as outlined in 24 CFR Part 576.
1. Evaluating Eligibility for Assistance
Per the U.S. Department of Housing and Urban Development (HUD), Sub-Recipients are required to participate and comply with the Continuum of Care (COC) coordinated entry process, also identified by HUD as the Coordinated Entry System (CES). The system identifies, assesses and prioritizes homeless individuals and families for housing and services based on vulnerability and severity of need. CES is designed to:
• Ensure that people experiencing homelessness receive the right housing intervention, and
• Prioritize people who need supportive housing the most to be able to access it as quickly as possible.
Without CES, people experiencing homelessness often face long wait times to receive assistance or are screened out altogether. Some of the most vulnerable people experiencing homelessness do not have the functional ability to check in routinely on wait lists, and to apply at multiple housing sites, necessary under a "first come, first served" process of accessing housing and services, and so are the least likely to be able to access housing without a CES process in place.
Coordinated entry is a community-wide approach that moves a homeless response system from a collection of independent housing and service providers who employ their own referral policies and wait lists, to a comprehensive approach intended to coordinate all housing and service resources. In CES, providers work collectively to match people experiencing homelessness to an appropriate housing placement based on vulnerability and need.
CES simplifies the process by which homeless persons access housing and helps to ensure the right housing intervention is paired with the most appropriate participant. It is a data- driven process that allows communities to provide access to housing resources, to assess each individual or family who enters the homeless response system for their vulnerabilities and needs, to assign housing interventions based on client need, and to create a framework of accountability. Sub-Recipients may choose to utilize a different intake and assessment system for victims of domestic violence, veterans or any other special population identified by HUD.
The minimum eligibility process will include an initial phone or in person screening to determine whether the applicant meets one of HUD's categorical definitions of homeless or at risk of homelessness or not. If yes, then a more comprehensive assessment will 2 be completed in person by Sub-Recipient staff to verify applicants' homeless status and determine which ESG service components they qualify for and that will address their housing need. Eligibility determinations must be documented in client files and preferably through third-party documentation. Intake worker observation or participant self- certification can be used when due diligence by staff and client is documented in the file indicating third-party verification is unavailable.
When working with ESG program income limits, the "Extremely Low Income (ELI) families" limits DO NOT apply to the ESG or COC programs. ESG does not use the ELl measure to establish income limits, but instead uses the 30% of Area Median Income (AMI) income limits. The 30% AMI tables are to be used. HUD released the FY 2024 Income Limits, effective April 10th, 2024, which
can be found at HUDUSER
https://www.huduser.gov/portal/datasets/il.html. Click on the Data tab and scroll down to the 3rd bullet point labeled "Data for Emergency Solutions Grant (ESG)." Re-evaluations of eligibility for continued receipt of homelessness prevention and rapid re-housing assistance are required-every three (3) months for prevention and annually for rapid re-housing. Minimally, each re-evaluation of eligibility must verify that the client household does not have an annual income that exceeds thirty (30) percent of HUD determined median family income for the service area and the household continues to lack sufficient resources and support networks needed to retain housing without ESG assistance.
2. Targeting and Providing Essential Services Related to Street Outreach Sub-Recipients are required to target unsheltered homeless individuals and/or families whose primary nighttime residence is a public or private place not meant for human habitation. It is recommended that preference be given to the chronically homeless and those special populations who are most vulnerable to being harmed by living in unsafe and unprotected places, i.e. victims of domestic and other forms of violence, youth, families with children, disabled, elderly, etc. HUD's definition of chronically homeless is
1. A "homeless individual with a disability," as defined in the Act, who lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and has been homeless (as described) continuously for at least 12 months or on at least 4 separate occasions in the last 3 years where the combined occasions must total at least 12 months. Occasions separated by a break of at least seven nights; stays in an institution of fewer than 90 days do not constitute a break.
An individual who has been residing in an institutional care facility for a fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or
3. A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraphs (1) or (2) of this definition, including a family whose composition has fluctuated while the head of household has been homeless.
3 Engagement activities must include an initial assessment of needs and eligibility in order to prioritize the type and source of assistance required with safety and urgent health needs being the highest priority. Emergency health services, including mental health, can be funded with ESG only to the documented extent that other non-ESG funded appropriate health services are inaccessible or unavailable within the service area, or at the time of assessment. Based on need and assessment, qualifying individuals and/or families will be offered essential services beyond emergency health and other crisis intervention assistance that include case management, transportation, and housing stabilization.
3. Emergency Shelter Operations
Admission
Sub-Recipients are required to have standardized screening and intake criteria in writing for determining eligibility for admission to emergency shelter. The criteria must comply with Fair Housing Law and cannot force involuntary family separation by denying family admission based on the age of a child less than 18 years. The admission process requires an initial assessment to determine the homeless status of the applicant based on HUD's four categorical definitions of homeless (24 CFR 576.2) and meeting other Sub- Recipient determined eligibility criteria. The assessment process and tools must meet the service area's COC coordinated entry requirements (24 CFR 576.400(d).
Diversion from Shelter
Based on screening results, individuals and families should be diverted when appropriate to the most stable housing available by using the Housing First or Rapid Re-housing service models.
Essential Services and Referral
Emergency shelter participants must have access to essential services either through direct service delivery by the Sub-Recipient and/or provision of information and referral to other service providers. Essential services include but not limited to: case management; child care; education services, employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; services for special populations and mainstream income and health benefits where appropriate.
Length of Stay and Discharge
Provision of essential services and shelter must be available for homeless individuals and families for at least the time period during which the ESG funds are provided to provide sheiter to the client. The typical stays are generally 90 days for emergency shelter and 30 days for motel vouchers; however, if a client requires a stay longer than generally prescribed the case management notes and must address the reason for the extended stay and an updated housing plan.
4 Safety and Accommodations for Special Populations
If applicable, any shelter facility that receives ESG assistance for conversion, major rehabilitation, renovation or operations is required to meet all federal, state and local government safety, sanitation and accessibility standards including compliance with the safety, sanitation and privacy requirements contained in 24 CFR 576.403.
Sub-Recipients are required to develop and implement written procedures and communication tools/materials that ensure persons of any particular race, color, religion, sex (gender), national origin, familial status, or disability (mental or physical) who may qualify for shelter and essential services are aware of and have access to such facilities and assistance. Reasonable accommodations for persons with disabilities must be available in order to ensure disabled participants have an equal opportunity to utilize the shelter and receive essential services. Greater levels of accessibility may be required for some shelters in compliance with The Americans with Disabilities Act.
Domestic violence victims and other persons in need of victim services must have access to a safe setting and have their identity protected. Sub-Recipients are required to implement procedures to ensure confidentiality of records pertaining to any individual who is provided family violence prevention, treatment or other services. Sub- Recipients must also certify that the address of a family/individual violence shelter will not be made public without permission of the shelter agency.
Sub-Recipient emergency shelter policies and procedures must:
• Prohibit disclosing personally identifying victim information to any third party without consent of the victim
• Ensure victim consent is reasonably time-limited, written and specific as to whom information will be shared
• Identify and utilize an alternative HMIS to collect program data that will prevent the disclosure of personally identifying victim information; and • Include confidentiality policies and procedures that require staff to refrain from discussing client information in public and ensure client records are secure and only accessible to authorized staff.
4. Assessing Needs for Essential Services Related to Emergency Shelter 24 CFR 576.102
Sub-Recipients are required to have a written standard assessment process and tools) that are applied to all eligible recipients of shelter essential services.
Shelter essential services include: case management; child care; education services; employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; and services for special populations. Provision of services should be determined based on client need and in alignment with Sub-Recipient's targeted populations.
Provision of essential services and shelter must be available to shelter residents for at 5 least the time period during which the ESG funds are provided. Services do not need to be limited to a particular site if the site serves the same categories and types of homeless originally provided with essential services or serves homeless persons in the same service area where the Sub-Recipient originally provided the services.
Based on the COC's centralized or coordinated assessment system, the client will be assessed and prioritized using the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) assessment tool to determine an individual or family's need for emergency shelter or other ESG funded assistance.
The County of San Bernardino's COC developed written CES is in accordance with:
• 24 CFR Part 578 Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH Act): COC Program; Interim Final Rule;
• Emergency Solutions Grants Program (24 CFR 576);
• HUD's final rule on defining chronically homeless and homeless (24 CFR 91); • HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status.
Coordinated Entry should achieve several goals:
• Make it easier for persons experiencing homelessness or a housing crisis to access the appropriate housing and service interventions;
• Prioritize persons with the longest histories of homelessness and the most extensive needs consistent with HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status;
• Lower barriers to entering programs or receiving assistance; and, • Ensure that persons receive assistance and are housed as quickly as possible.
An initial intake and assessment will be completed by first entering persons who are homeless into the Homeless Management Information System (HMIS) which will include administering the VI-SPDAT as the assessment tool to assess and prioritize single individuals experiencing homelessness (the family version of the assessment, the F-VI- SPDAT, will be used for families). Prioritization is based on vulnerability across five components: (a) history of housing and homelessness (b) risks (c) socialization and daily functioning (d) wellness - including chronic health conditions, substance usage, mental illness, and trauma and (e) family unit (if applicable).
5. Coordination Among Homeless Assistance Providers, Mainstream Service Providers and Housing Providers
Continuums of Care are community-based homeless assistance program planning networks whose responsibilities include the promotion of access to and effective 6 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 utilization of homeless and mainstream programs by the homeless. Sub-Recipients are required to be active members of their respective COC and contribute to the identification, development and coordination of resources that will promote and increase the efficiency and effectiveness of the community's homeless system.
Sub-Recipients must coordinate and integrate, to the extent possible, their ESG- funded assistance with other programs serving homeless and at-risk of homelessness people within their service area (refer to 24 CFR 576.400).
6. Determining and Prioritizing Eligibility for Homeless Prevention and Rapid Re-housing Assistance
Determination of eligibility for homeless prevention requires an in-person assessment (in compliance with COC coordinated entry process) to verify that applicants meet HUD's categorical definition for imminent risk of homelessness, homeless under other federal statutes, fleeing/attempting to flee domestic violence, or at-risk of homelessness and have an annual income at 30% or below of area median income. Homeless status and income eligibility must be documented in client files through third-party verification unless written justification is provided showing that due diligence was conducted substantiating that third-party was not available/accessible. Additionally, the assessment must indicate that prevention assistance would likely allow the applicant to regain stability in their current permanent housing or access other permanent housing and achieve stability.
Prioritization for homeless prevention assistance must comply with COC standards.
Minimally, prioritization should align with vulnerable homeless and at-risk of homelessness populations identified in Sub-Recipient's service area homeless plan(s) and/or community assessments).
Determination of eligibility for rapid re-housing requires an initial assessment to verify that clients meet HUD's categorical definition for literally homeless or fleeing/attempting to flee domestic violence and are literally homeless. Homeless status must be documented in client files in accordance with HUD documentation standards with preference given to third-party verification where available.
Prioritization for rapid re-housing must comply with COC standards and be supported by Sub-Recipient service area homeless plans and/or community assessment data.
The subrecipient cannot use ESG funds to help a program participant remain in or move into housing that does not meet the minimum habitability standards under §576.403(c).
This restriction applies to all activities under the Homelessness Prevention and Rapid Re- housing components, including rental assistance and housing relocation and stabilization services. In addition:
• If an eligible household needs homelessness prevention assistance to remain in its existing unit, the assistance can only be provided if that unit meets the minimum standards.
• If an eligible household needs homelessness prevention or rapid re-housing assistance to move to a new unit, the assistance can only be provided if the new 7 DocuSign Envelope ID: 102FCE7B-5ECO-40A7-9785-8D7E78719CA6 unit meets the minimum standards. The unit the household is leaving does not need to be inspected.
• The housing must also comply with any other standards established by the recipient that exceed or add to these minimum standards.
Note: The same standards apply regardless of the amount of ESG funds involved. For example, the subrecipient must inspect the unit and confirm that it meets the ESG minimum habitability standards, even if the only ESG assistance being provided is for a security deposit or moving assistance.
The subrecipient must be sure to document compliance with the ESG habitability standards for Emergency Shelter activities in the program participant's file.
Homelessness Prevention - When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Homelessness Prevention component to help a program participant remain in or move into permanent housing, the ESG minimum habitability standards apply to either the current unit (if the program participant is staying in place) or to a new unit (if the program participant is moving). Even if only a minimal amount of Housing Relocation and Stabilization Services assistance-such utility arrears/payments (Financial Assistance) or housing stability case management (Services) - is provided under the Homelessness Prevention component to assist a program participant to stay in their unit, the habitability standards apply to the unit and must be documented in the program participant's file.
Rapid Re-housing - When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Rapid Re-housing component to help a program participant move into a new permanent housing unit, the habitability standards apply to the unit into which they are moving and must be documented in the program participant's file. If Rapid Re-housing services are being provided before a unit has been identified, no habitability inspection is required until there is a unit to inspect. If assistance with arrears for a prior unit is needed as part of the rapid rehousing assistance, no habitability inspection is required for the old unit on which the arrears are owed, so long as the program participant will be rapidly re-housed in a different unit.
7. Determining Client's Share of Rent and Utility Costs A client's household annual income must be less than or equal to 30 percent of Area Median Income (AMI) when determining the client's share of rent. Program Providers are to apply a progressive engagement approach to determine the rent subsidy amount and household contribution for each participating household. The City requires at the 1st month, the program pays up to 100% of move in costs including security deposits, first month's rent and any required utility payments. In the 2nd - 3rd month, the household is responsible to pay 30% of their gross household income towards rent (this includes rent and the cost of utilities [if utilities are not included in the rent, a utility allowance schedule should be used for calculating the rental subsidy]). In the 3rd - 4th month and beyond, the household pays 50% of their gross household income towards rent and the program pays the remaining rent. Once the household is able to pay their rent with 60% or less of their gross household income or reaches 12 months of rental assistance, the rent subsidy should 8 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 end. Case managers are expected to work with clients to review family budgets and ensure families can maintain their housing. Utility assistance is limited to 24 months within a 3-year period and can be used to pay the cost of utility deposits, utility arrears, and gas, electric, water and sewage services. Assistance can only be provided if the utility account is in the name of a member of the client household or there is documented proof of household responsibility for utility payments. Utility arrears assistance for homeless prevention requires a shut off notice and for rapid re-housing must result in utilities being turned on at the new permanent housing location (24 CFR 576.400(e) (3)(iii).
8. Determining If Rent is Acceptable For ESG Rental Assistance Whether a household is seeking to maintain its current housing or relocate to another unit to avoid homelessness (Homelessness Prevention), or exiting homelessness into new housing (Rapid Re-Housing), the process for determining acceptable rent amounts is the same:
• The subrecipient first compares the gross rent (see box below) for the current or new unit with current FMR limits, which are updated annually. • If the unit's gross rent is at or below FMR, the subrecipient next uses current data to determine rent reasonableness (more information is provided below on how to determine and document this).
To determine rent reasonableness, take the rent of the three (3) comparable units and calculate the average rent.
If the gross rent is at or below both the FMR and the rent reasonableness standard for a unit of comparable size, type, location, amenities, etc., ESG funds may be used to pay the rent amount for the unit.
If the gross rent for the unit exceeds either the rent reasonableness standard or FMR, ESG recipients are prohibited from using ESG funds for any portion of the rent, even if the household is willing and/or able to pay the difference. However, because the FMR and rent reasonableness requirements apply only to rental assistance, ESG funds may be used:
1. to pay for financial assistance and services to help the eligible program participant stay in the unit, or
2. to pay for financial assistance and services to locate and move to a different unit that meets the rent reasonableness standard and is at or below FMR and pay rental assistance in that unit.
Rent reasonableness and FMR requirements do not apply when a program participant receives only financial assistance or services under Housing Stabilization and Relocation Services. This includes rental application fees, security deposits, an initial payment of "last month's rent," utility payments/deposits, and/or moving costs, housing search and placement, housing stability case management, landlord-tenant mediation, legal services, and credit repair. (Note: "Last month's rent" may not exceed the rent charged for any other month; security deposits may not exceed 2 months' rent.) See example of how to complete the Rent Reasonableness Checklist and Certification form on Attachment A.
DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6
9. Determining Duration and Amount of Rental Assistance Provided to Client The duration of rental assistance is limited to twenty-four months within a 3-year time period. Short-term assistance can be provided up to three (3) months and medium-term assistance is limited to twenty-four (24) months. The amount of rent assistance provided must be the least amount needed to stabilize clients in their permanent housing. Rent arrears assistance is defined as: past due rent owed to a current landlord (24 CFR 576.400(e) (3)(iii).
10.Determining Type, Amount, and Duration of Housing Stabilization and/or Relocation Services Provided to Client
Type of Housing Stabilization and/or Relocation Services is limited to financial assistance costs and service costs, subject to the general conditions and restrictions identified under 24 CFR 576.103 and 576.104. Security deposits are limited to no more than 2 month's rent. A last month's rent must not exceed one month's rent and must be included in calculating the program participant's total rental assistance, which cannot exceed 24 months during any 3-year period. Utility payments are limited to up to 24 months per client, per service, including up to 6 months of arrears, per service. Eligible utility services are gas, electric, water, and sewage. No program participant shall receive more than 24 months of utility assistance within any 3-year period.
ESG funds may be used to pay cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to facilitate housing stability for a program participant who resides in permanent housing or to assist a program participant in overcoming immediate barriers to obtaining housing. This assistance cannot exceed 30 days during the period the program participant is seeking permanent housing and cannot exceed 24 months during the period the program participant is living in permanent housing.
Mediation services are allowable, provided that the mediation is necessary to prevent the program participant from losing the permanent housing in which the client currently resides. Legal services must be necessary to resolve a legal problem that prohibits the client from obtaining permanent housing or will likely result in the client losing the permanent housing in which they currently reside. Credit repair does not include the payment or modification of a debt.
Financial assistance cannot be provided to a client who is receiving the same type of assistance through other public sources or to a client who has been provided with replacement housing payments under the URA, during the period of time covered by the URA payments
Except for housing stability case management, the total period for which any client may receive assistance must not exceed 24 months during any 3-year period. The limits on the assistance apply to the total assistance an individual receives, either as an individual or as part of a family.
DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 B. HMIS Data Collection
All data on persons served and all activities funded with ESG must be entered into HMIS.
The purpose of HMIS is to record and store client-level information about the numbers, characteristics, and needs of homeless and at risk homelessness persons who receive program assistance.
Domestic Violence Victim service providers are prohibited from entering data in HMIS; however, they are required to maintain comparable databases of their own design which provide aggregate information and data consistent with HMIS data collection requirements.
Projects serving survivors of domestic violence where the recipient is not a victim services provider are required to enter data in their HMIS.
Data entry requirements for shelters are:
Emergency or transitional shelters, day or mass shelters, or hotel/motel vouchers are required to collect data and report outcomes using the Entry/Exit method of data collection.
Shelters which meet the three criteria below may be set up in HMIS to use the Night-by- Night method of tracking shelter use:
• The shelter serves a large number of clients on a nightly basis; Clients are permitted to spend nights at the shelter on an irregular basis; and • There is a high degree of client turnover.
Night-by-Night (NBN) shelters, which use a bed-night tracking method, will have a project start date for the night the client first stayed and will allow clients to re enter as necessary without "exiting and restarting" for each stay for a specified period. Data collection involves recording, in HMIS, contacts with each person served. A contact is defined as the date of an interaction between a worker and a client designed to engage the client. All client contact must be recorded. Engagements must also be recorded. An engagement is an interaction which results in a formalized assessment or discussion. The date of engagement should be entered into HMIS at the point when the client has been engaged by the shelter worker.
With the NBN method:
• All data required to be collected, is collected at project entry; and The duration of each stay can be accurately aggregated to calculate each client's total length of stay in the project.
Regardless of the method used to track shelter use, Sub-Recipients must be able to determine who and how many people were served by a shelter or shelter type for any given night, based on HMIS data.
For additional, detailed information about the reporting requirements, refer to the Emergency Solutions Grant Program (ESG) HMIS Program Manual at:
https://www.hudexchange.info/resources/documents/ESG-Program-HMIS-Manual.pdf DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6
ATTACHMENT A
(See next page)
12 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6
RENT REASONABLENESS CHECKLIST AND CERTIFICATION
The subrecipiont must document in the client file using the attached worksheet that the rental cost (including the utility allowance) is within the Fair Markct Rent limits, and the unit is rent reasonable before financial assistance can be provided to a program participant.
Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form.
The subrecipient must obtain the most recent HUD Fair Market Rent limit from the City for the area that the housing unit is located.
Rent rcasonableness is determined on a casc-by-case basis. Agencies must conduct a rent analysis for three (3) comparable unassisted units and document the basis for their rent reasonableness determinations. Key components of a comparability analysis include: If the rent for the proposed unit is at or below the allowable (average) rent, the proposed unit is eligible. If the rent for the proposed unit is above the allowable (average) rent, the proposed unit is not eligible, and therefore, another unit will need to be proposed. Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form.
• Size: Only units of comparable sic (both in terms of number of bedrooms and square footage) should be used. • Housing Condition: Only units in similar condition should be compared. • Locution in Community/ Accessibility: In many markets location is the kcy determinant of housing price (i.c., good/safe neighborhood, close to schools/bus routes, etc.). • Rent of Unit: Amount of rent being charged by owner.
• Utilities Included: Consider the type and fuel source of utilities. Subrecipient must use the attached Housing Authority County of San Bernardino Utility Allowance sheet. • Amenities: Consider such amenities as garagc, appliances and lot size. Comparable rents can be checked by using a market study, by revicwing comparable units advertised for rent, or with a note from the property owner verifying the comparability of charged rents to other units owned (for xample, the landlord would document the rents paid in other units).
13 RENT REASONABLENESS CHECKLIST AND CERTIFICATION
Address
Number of Bedrooms
Approximate Square Feet
Type of Unit/Construction Apt. 1-4 Floors Apt. 1-4 Floors Apt. 1-4 Floors Apt. 1-4 Floors Apt. 5+ Floors Apt. 5+ Floors Apt. 5- Floors Apt. 5+ Floors (circle applicable type) Duplex/Townhouse
Mal Pa Home
Housing Condition
Location/Accessibility (i.e.
near schools, bus, park,
etc.)
Amenities Air Conditioner Air Conditioner Air Conditioner Air Conditioner Garbage Disposal Garbage Disposal Garbage Disposal Carbage Disposal (Circle all that apply) Dishwasher Dishwasher Dishwasher Dishwasher Washer/Dryer Washer/Drycr Washer Dryer Washer/Drycr
Carpet Carpet Carpet Carpet
Recreational Facilities Recreational Faciltics Recreational Facilitic Recreational Facilitics Storage Areas Storage Arcas Storage Areas Storage Arcas Parking Parking Parking Parking
Maintenance Service Maintenance Service Maintenance Servi Housing Services Housing Services Mousing Screen ice
lousing Servic
Approximately Year Built
Utilities (type)
Unit Rent
Utility Allowance
Gross Rent
Handicap Accessible?
CERTIFICATION:
A. COMPLIANCE WITH FAIR MARKET RENT PAYMENT STANDARD
FAIR MARKET RENT LIMIT FOR SIZE AND AREA OF SERVICE, PER HUD'S FAIR MARKET RENT CHARTS_ PROPOSED CONTRACT RENT + UTILITY ALLOWANCE * FEES = PROPOSED GROSS RENT* Is the gross rent of the proposed unit at or below HUD's Fair Market Rent (FMR)? _ Yes _No. IF YES, continue to section B below and to determine if the unit it rent reasonable. IF the rent of the proposed unit is above HUD's FMR, ANOTHER UNIT WILL NEED TO BE PROPOSED B. RENT REASONABLENESS: Calculate the average rent of the three comparable units above and ensure the rent of the proposed unit is at or below the average rent.
ENTER AMOUNT OF ALLOWABLE RENT (the average of the three COMPARABLE rents for the units above) $_ Is THE rent for the PROPOSED UNIT IS AT OR BELOW THE ALLOWABLE RENT ABOVE YES NO. IF YES, the unit is rent reasonable and YOU MAY MOVE FORWARD WITH THE UNIT. Is the answer is NO, ANOTHER UNIT WILL NEED TO BE PROPOSED.
STAFF NAME: SIGNATURE: DATE:
14 FY 2024 FAIR MARKET RENT DOCUMENTATiON SYSTEM
The FY 2024 Riverside-San Bernardino-Ontario, CA MSA FMRs for All Bedroom Sizes Final FY 2024 & Final FY 2023 FMRs By Unit Bedrooms
Year Efficiency. One-Bedroom Two-Bedroom Ihree-Bedroom Four-Bedroom FY 2024 FMR $1,517 S1,611 $2,010 $2,707 $3,304
FY 2023 FMR $1,281 $1,398 $1,751 $2,376 $2,922
San Bernardino County, CA is part of the Riverside-San Bernardino-Ontario, CA MSA, which consists of the following counties: Riverside County, CA; and San Bernardino County, CA. All information here applies to the entirety of the Riverside San Bernardino Ontario, CA MSA.
Fair Market Rent Calculation Methodology
Show/Hide Methodology Narrative
Fair Market Rents for metropolitan areas and non-metropolitan FMR areas are developed as follows:
1. Calculate the Base Rent: HUD uses 2017-2021 S-year American Community Survey (ACS) estimates of 2-bedroom adjusted standard quality gross rents calculated for each FMR area as the new basis for FY2024, provided the estimate is statistically reliable. For FY2024, the test for reliability is whether the margin of error for the estimate is less than 50% of the estimate itself and whether the ACS estimate is based on at least 100 survey cases. HUD does not receive the exact number of survey cases, but rather a categorical variable known as the count indicator indicating a range of cases. An estimate based on at least 100 cases corresponds to a count indicator of 4 or higher.
If an area does not have a reliable 2017-2021 S-year estimate, HUD checks whether the area has had at least 2 minimally reliable estimates in the past 3 years, or estimates that meet the 50% margin of error test described above. If so, the FY2024 base rent is the average of the inflated ACS estimates.
If an area has not had a minimally reliable estimate in the past 3 years, HUD uses the estimate for the area's corresponding metropolitan area (if applicable) or State non-metropolitan area as the basis for FY2024. https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2024_code/2024summary.odn 15 Housing Authority of the County of San Bernardino
Housing Choice Voucher Program
Allowances for U.S. Department of Housing
Tenant-Furnished Utilities and Urban Development
and Other Services Office of Public and Indian Housing
Unit Type Date (mm/dd/my)
Locality Age
mixed Apartmest 10/1/2020
San Bernardino County
Utility or Service Monthly Dollse Allowances
OBR T1 BR 2 BR 3 BR 14 BR T5 BR 16 BR
19 22 24 26 29 31
Heating a. Natural Gas 691 75
b. Bottle Gas 53 58 63
26 34 41 48 54
c. Electric
8 10
Cooking a. Natural Gas
13 17 20 24 26
b. Bottle Gas
10 15 21 28 34 39
c. Electric
53 68 84 101 115
32| 38
Other Electric
17 21 32 45 85
Arr Conditioning
7 11 16 20 24
Water Heating a. Natural Gas
16 19 28 38 58
b Bottle Gas
c. Electne 20 23 33 43 63
60 81 102 123
44 46
Water 36
36 36 36 36 36
Sewer
25 25 25 25 25 25
Trash Collection
5 5 5
Range/Microwave
Refngerator • • • a
Other - specify
Actual Family Allowances to be used by the family to compute allowance. Unility or Service Manthly Cost
Complete below for the actual unit rented
Heating
Name of Family
Cooking
Other Electric
Air Conditioning
Address of Use
Water Heating
Water
Sewer
Trash Collection
Range/Microwave
Number of Bedrooms Refrigerator
Other
Total
Seroadshort baced on form MUD 52667 17/191
tot Manchout 7420 6
Pianone eddies as Obsolita
rry individual, company, corporation, govemment agency or organization using these utity allowances shall indemnify, defend, ar old harmless the Housing Authority of the County of San Bernardino, its officers, offidals, employees, and volunteers from an against arry and all liability, claims, damage, cost, expenses, awards, fines, judgments, and attorney fees (including, without limitation, costs, attorney fees, expert witness fees, and other expenses of litigation) of every nature arising out of or in connection with the use of these utility allowances under arry drcumstances.
16 Housing Authority of the County of San Bernardino
Housing Choice Voucher Program
Allowances for U.S. Department of Housing
Tenant-Furnished Ulities and Urban Development
and Other Services Office of Public and Indian Housing
Locality Age Unit Type Date (mm/dd/my)
San Bernardino County mixed Detached Houses 10/1/2020
Utilty or Service Monthly Dolter Allowances
JOBR 11 BR 2 BR 3 BR 74 BR 5 BR 16 BR
Heating La. Natural Gas 26 30฿ 33 37 41
81 109
56 63 86
Cooking a. Natural Gas 3 10
b. Bottle Gas 13 20 24
c. Electro 10 17 30 36
Other Electric 48 56 78 158
Aur Conditioning 14' 17 44 117
Water Heating la. Natural Gas 8 10 15 20 30
b. Bottle Gas 20 23 35 48 60 73
E. EleCTIc 25| 32 44 57 68 78
Water 44- 46 60 81 102 123 142
Sewer 36 36 36 36 36 36
Trash Collection 251 25 25 25 25 25
Range/Microwave 5
Refngerator 4 4 4
Other - specify
Actual Family Allowances to be used by the family to compute allowance. utility or Service Monthly Complete below for the actual unit rented Cost
Name of Family Heating
Cooking.
Other Electric
Address of Use Alr Conditioning
Water Heating
Water
Sewer
Trash Collection
Range/Microwave
Number of Bedrooms Refngerator
Other
Total
Sereadshort based on form MUD 52667 17/19
1al Manuboul 74308
Any indinidual, company, corporation, government agency or organization using these utility allowances shall indemnify, defend, and hold harmless the Mousing Authorty of the county of San Bernardino, Its officers, offidals, employees, and volunteers from and against arry and all liability, claims, damage, cost, expenses, awards, fines, judgments, and attorney fees (Including, without limitation, costs, attorney fees, expert witness fees, and other expenses of litigation) of every nature arising out of or in connection with the use of these utility allowances under any drumstances.
17 Housing Authority of the County of San Bernardino
Housing Choice Voucher Program
Allowances for U.S. Department of Housing
Tenant-Furnished Utilitles and Urban Development
and Other Services Office of Public and Indian Housing
Locality Age Unit Type
mixed Manufactured hores 10/1/2020
San Bernardino County
Utility or Service Monthly Dollar Allowances
OBR 71 BR 12 BR 3 BR 14 BR IS BA 16 BR
22 26 29 32 42
Heating a. Natural Gas 69 76
b. Bottle Gas 54 62
c. Elecinc 51 60 62
Cooking a. Natural Gas
b. Bottle Gas 13
9 10l 17 30
c. Electre
48 56 78 104
Other Electric
17 21 41 57
Air Conditionang
Ta. Natural Gas 10 15 20
Water Heating
b. Bottle Gas 20 23 35 48
25 32 44 57
c. Electric
44 46 60 81 140
Water
36 36 36
Sewer
25 25 25
Trash Collection
Range/ Microwave
0• u
Refrigerator
Other-specify
Actual Family Allowances to be used by the family to compute allowance. Utility or Service Monthly Complete below for the actual unit rented Cost
Name of Family Heating
Cooking
Other Electric
Address of Use Air Condiboning
Water Heating
Water
Trash Collection
Range/Macrowave
Number of Bedrooms Refrigerator
Total
Serashest band an form MUD $2667 17/19:
Any individual, company, corporation, government agency or organization using these ut ity allowances shall indemnify, delend, une hold harmless the Housing Authority of the County of San Bernardino, Its officers, officals, employees, and volunteers from and gainst arry and all lability, claims, damage, cost, expenses, awards, fines, judgments, and attomey fees (including, without limitatio osts, attorney fees, expert witness fees, and other expenses of Illigation) of every nature arising out of or in connection with the us of these utility allowances under any dircumstances.
EXHIBIT "F"
FORMS
(Behind this page.]
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
PERINED IN ARE
Homeless Certification Form
Emergency Shelter and/or Rapid Re-Housing
ESG Household Name: Date:
This is to certify the above individual or household is currently homeless based on the category checked and required documentation. THE GENERAL HOMELESS CERTIFICATION MUST BE COMPLETED FOR EACH HOUSEHOLD.
Chronically Homeless Certification
Chronically Homeless: (if chronically homeless, the General Homeless Certification must also be completed) • Client not chronically Homeless.
• Individual or family:
1. Homeless and lives or resides in a place not meant for human habitation, a safe haven or in an emergency shelter; or
2. Has been homeless living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last three years; and
3. Has an adult head of Household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions.
CATEGORY 1: Literally Homeless
• Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
1. Has a primary nighttime residence that is a public or private place not meant for habitation; or
2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs).
To certify homeless status for the above, must provide documentation of 1 of the following:
• Written Observation by the Outreach Worker; or
a Written referral by another housing or service provider; or • Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self Certification Form)
• Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
1 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
SOUNDEDIN HAND
CATEGORY 1: Literally Homeless (continued)
3. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). a Discharge paperwork or written/oral referral; or
• Written record of intake worker's due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form).
CATEGORY 2: Imminent Risk of Homelessness
• Individual or family who will imminently lose their primary nighttime residence, provided that:
1. Residence will be lost with 14 days of the date of application for homeless assistance
2. No subsequent residence has been identified; and
3. The individual or family lacks the resources of support networks needed to obtain other permanent housing.
Documentation must include ONE of the following:
• A court order resulting from an eviction action notifying the individual or family that they must leave or
o For individual and families leaving a hotel or motel - evidence that they lack the financial resources to stay (Self-Certification Form); or
• A documented and verified oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or • If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use self-certification form)
In addition to one of the above, documentation must include BOTH of the following:
• Certification that no subsequent residence has been identified (use self-certification form); AND a Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form).
CATEGORY 3: Homeless under Other Federal Statutes
o Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
1. Are defined as homeless under this listed federal statutes
2. Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application
2 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
BINDED MY READ
CATEGORY 3: Homeless under Other Federal Statutes (continued)
3. Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days AND
4. Can be expected to continue in such status for an extended period of time due to special needs and barriers.
Documentation must include ALL the following:
• Certification by non-profit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; AND a Certification of no public housing in the last 60 days; AND o Certification by the individual or head of household, and any available supporting documentation, that he has moved 2 or more times in the past 60 days; AND o Documentation of special needs or 2 or more barriers.
CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence • Any individual or family who:
1. Is fleeing, or is attempting to flee, domestic violence.
2. Has no other residence; AND
3. Lacks the resources or support network to obtain other permanent housing. Documentation required.
For victims service providers:
• An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and the lack resources. Statement must be documented by a self-certification (Self-Certification Form) or a certification by the intake worker.
For non-victim service providers (must document ALL the following):
• An oral statement by the individual or head of household seeking assistance that they are fleeing. This statement is documented by self-certification (Self-Certification Form) or by a caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and • Certification by the individual or head of household that no subsequent residence has been identified (Self-Declaration Form); and
• Self-Certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing (Self-Certification Form) Intake Staff Name:
Intake Staff Signature: Date:
3 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
SOUNDED IN ID
At Risk of Homelessness Certification Form
Homeless Prevention
ESG Household Name: Date:
This is to certify the above individual or household is currently at risk of homelessness based on the category checked and required documentation. Check only one Category and complete only that section CATEGORY 1: Literally Homeless (Eligible for Rapid Re-Housing Assistance Only) • Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
1. Has a primary nighttime residence that is a public or private place not meant for habitation; or
2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs).
To certify homeless status for the above, must provide documentation of 1 of the following:
• Written Observation by the Outreach Worker; or
• Written referral by another housing or service provider; or • Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form)
o Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
1. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). • Discharge paperwork or written/oral referral; or
• Written record of intake worker's due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form).
CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) o Individual or family, who will imminently lose their primary nighttime residence, provided that:
1. Residence will be lost within 14 days of the date of application for homeless assistance;
2. No subsequent residence has been identified; and
3. The individual or family lacks the resources or support networks needed to obtain other permanent housing.
4. Has an annual income below 30% of AMI.
4 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
FENDED IN 1019
CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) (Continued) Documentation must include ALL the following:
A court order resulting from an eviction action notifying the individual or family that they must leave; or
• For individual and families leaving a hotel or motel - evidence that they lack the financial resources to stay (use Self-Certification form) or
• An oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or
• If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use Self-Certification form)
In addition to one of the above, documentation must include BOTH of the following:
Has an annual income below 30% of AMI (must have documentation • Certification that no subsequent residence has been identified (use self-certification form); AND • Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form).
CATEGORY 3: Homeless under Other Federal Statutes
Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under the other listed federal statutes (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application
(iii) Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers.
Documentation must include all of the following:
Certification by the nonprofit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; and Certification of no public housing in the last 60 days; and Certification by the individual or head of household, and any available supporting documentation, that (s)he has moved 2 or more times in the past 60 days; and _ Documentation of special needs or 2 or more barriers. 5 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
*
ARENORD IN IND
CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence Ll Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence (ii) Has no other residence; and
(iii) Lacks the resources or support networks to obtain other permanent housing Documentation required:
For victim service providers:
An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and they lack resources. Statement must be documented by a self-certification (Form No. 5) or a certification by the intake worker.
For non-victim service provider (must document all of the following):
Oral statement by the individual or head of household seeking assistance that they are fleeing. This statement is documented by a self-certification (Form No. 5) or by the caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and Certification by the individual or head of household that no subsequent residence has been identified (use Self-Certification form); and
• Self-certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing.
AT RISK OF HOMELESSNESS (Eligible for Homelessness Prevention Only)
CHECK ONLY ONE CATEGORY AND COMPLETE ONLY THAT SECTION
CATEGORY 1: An individual or family: (must have income 30% below AMI, lack sufficient resources and meets one of the following risk factors
• Has an annual income below 30% of AMI (must have documentation of income eligibility); and • Lacks sufficient resources or support networks immediately available to prevent homelessness (must complete Self-Certification Form or provide documentation when practical such as termination notice, Unemployment compensation statement, bank statement, healthcare/Utility bill showing arrears).
AND meets ONE of the following risk factors with acceptable documentation:
Acceptable documentation of risk factors includes source documents that evidence one or more of the conditions is met (e.g., eviction notice, notice of termination from employment, bank statement). OR 6 City of San Bernardino Economic and Housing Department FORNIA Emergency Solutions Grant
CATEGORY 1: (continued)
To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, owner, primary leaseholder, public administrator, hotel or motel manager) or the written certification by the recipient's or subrecipient's intake staff of the oral verification by the relevant third party that the applicant meets one or more of the criteria OR To the extent that source documents and third-party verification are unobtainable, a written statement by the recipient's or subrecipient's intake staff that the staff person has visited the applicant's residence and determined that the applicant meets one or more of the criteria or, if a visit is not practicable or relevant to the determination, a written statement by the recipient's or subrecipient's intake staff describing the efforts taken to obtain the required evidence.
• RISK 1: Persistent housing instability - has moved because of economic reason 2 or more times during the 60 days immediately preceding the application for assistance (must document the following 2 criteria):
• Housing history must demonstrate 2 or more moves within 60 days; documentation may include HMIS records, referral form housing/service provider, letter from tenant/owner (Intake Observation NOT Appropriate).
• RISK 2: Living in the home of another because of economic hardship (must document 2 of the following criteria):
o Housing must be in the home of another (i.e. doubled up): documentation may include letter from tenant/homeowner (Intake Observation NOT Appropriate); and • Economic reasons may include termination from employment, unexpected medical cost, inability to maintain housing including utilities, etc.: Documentation may include notice to termination, healthcare bills indicating arrears, utility bills indicating arrears (Intake Observation NOT Appropriate). • RISK 3: Housing loss within 21 days- has been notified their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance: notification to leave within 21 days must be written and only third party source/written is appropriate (must document 1 of the following criteria):
a If tenant/homeowner: eviction notice, court order to leave within 21 days; or o If living with another (doubled up): eviction letter from tenant/homeowner. • Risk 4: Living in a rented hotel or motel and is not paid for by charitable organization or by Federal, State or Local Government programs for low-income individuals (must document the following 2 criteria):
• Housing must be in a hotel/motel: documentation may include either letter from hotel/motel manager or intake observation; and
7 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
FUNDED I 1019
CATEGORY 1: (continued)
Cost have not covered by charitable organization or government program: documentation - cancelled check.
• RISK 5: Living in a severely over-crowded united as defined by US Census Bureau: lives in an SRO or efficiency apartment unit in which there resides more than 2 persons or live in a larger housing unit in which there resides more than 1 ½ persons per room (must document the following) a Number of rooms in unit AND number of individuals living in the unit: documentation may include lease, unit details from Tax Assessor's Office, Intake Observation. • RISK 6: Exiting publicly funded institution or system of care (must document the following):
• Discharge form healthcare facility, mental health facility, foster care or other youth facility or correction program: documentation - discharge paperwork or referral letter • RISK 7: Living in housing associated with instability and an increased risk of homelessness. For example: being a young household with a young child, lacking transportation to work, or other circumstances or barriers as identified in your community, (documentation must include):
• Self-certification (Self-Certification Form) or other written documentation describing the circumstances and that the individual or family lacks financial resources and support network to obtain other permanent housing.
CATEGORY 2: Unaccompanied Children and Youth
A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal Statute (must document the following):
• Written Verification of Homeless Status must be provided by agency administering applicable Federal program.
CATEGORY 3: Families with Children and Youth
• An unaccompanied youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parent(s) or guardian(s) or that child or youth if living with him or her (must document the following):
a Must have documentation of homeless status, which may be a letter or referral provided by the agency administering the Federal Program AND must confirm family/guardian is residing with children/youth.
8 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
FINDED IN I99
ALL PROGRAMS MUST COMPETE BELOW, REGARDLESS OF ELIGIBILITY CATEGORY Describe the documentation obtained and attached to this form:
If self-certification was used, describe efforts to obtain third party certification:
Intake Staff Name:
Intake Staff Signature: Date:
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
ARRED SANDS
Verification Tracking of Income
Head of Household: Date:
o intake/Screening • Three-month Certification
Agencies must record all attempts to obtain required verification in the order specified:
Step 1: Third Party Source: Were verification documents provided by the client? • Yes - Complete Income Calculation Worksheet to determine eligibility • No - Proceed to Third Party Written (Provide Explanation). Go to Step 2 If income could not be verified by Step 1
Step 2: Third-Party Written: Request verification of income from stated income source(s).
Date of Written Request: (Retain copy of Request in Client's File) o Documents received within 10 business days - Complete Income Calculation Worksheet. a Documents not received within 10 business days - Proceed to Third-Party Oral. Go to Step 3, If Income could not be verified in Step 2.
Step 3: Third-Party Oral: Intake staff contact third-party sources identified by the household. Record date, source(s) contacted and Income or reason (s) for not obtaining Information.
Date of Oral Request: Source: Amount:
Additional Income Information or Reason for not obtaining information: _ Date of Oral Request: Source: Amount:
Additional Income Information or Reason for not obtaining information:
Date of Oral Request: _Source: Amount:
Additional Income Information or Reason for not obtaining information:
If sufficient income information is provided, complete Income Calculation Worksheet to determine Eligibility.
Otherwise, proceed to Step 4, Self-Certification.
10 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
SANDED IN S
Step 4: Self-Certification: ONLY use step 4 to verify income after attempting and documenting Steps 1,2, and o l certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge.
Source: Amount: _Frequency:
Source: Amount: _Frequency:
o 1 certify, under penalty of perjury, that I do not have income from any source at this time. This is true and correct to best of my knowledge.
Client Signature: Date:
11 City of San Bernardino Economic and Housing Department Emergency Solutions Grant
Self-Certification Form
Instructions: This form is to be completed by the applicants or program participants when they are unable to provide required verification or other documents and self-certification is the only way the agency is able to verify information related to ESG program eligibility.
This section is to be completed by the applicant/participants Date:
Name of Head of Household:
Unit Address:
Street Address Apt# City State Zip Code
If no address, City of Homelessness:
Telephone Number: L
Email Address:
Self-Certification of: O Lack of sufficient financial resources and/or support networks and subsequent residence has been identified • Fleeing Domestic Violence • Living on street or in shelter o Exiting from institution o Other
Please Describe:
12 City of San Bernardino Economic and Housing Department
CALIFORNIA
Emergency Solutions Grant
SOUNDED 1ID
Certification: I hereby certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge, and that I do not have any documents or forms in my possession, nor am I able to obtain such documents to verify homelessness. At risk of homelessness, income or other information hereby provided.
Signature: Date:_
Witness: Date:
Warning: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful false statements or misrepresentations to any department or Agency of the United States as to any matter within the jurisdiction.
13