8H
Date: February 24, 2026
To: Honorable Mayor and Members of the City Council
From: Michelle Ramirez, Community Development Director
By: Julia Smith, Senior Business Manager | [email protected] Subject: Community Development – Accept and Appropriate HOME-American Rescue Plan Act (HOME-ARP) Grant Award from the California Department of Housing and Community Development (HCD), Adopt RESOLUTION Authorizing Grant Acceptance, and Authorize the Mayor and City Manager to Sign Documents.
Expenditure: None.
RECOMMENDATION
Recommendation of the Community Development Director that City Council:
1. Accept and appropriate California Department of Housing and Community Development (HCD) HOME American Rescue Plan Act (HOME-ARP) grant award, in the amount of $1,720,938, to a newly created grant project; and
2. Adopt a RESOLUTION authorizing the acceptance of the HCD HOME-ARP grant and the execution of a standard agreement and related documents; and
3. Authorize the Mayor to execute any non-substantial modification to the HCD HOME-ARP Standard Agreement subject to approval by the City Attorney; and
4. Authorize the City Manager as the City's signatory for all other grant-related documents and to act on the City's behalf with respect to the grant and all decisions in connection with the grant.
FUNDING
None required.
DISCUSSION
On March 11, 2021, President Biden signed the American Rescue Plan (ARP) into law, providing $1.9 trillion in relief to address the continued impact of the COVID-19 pandemic on the economy, public health, State and Local governments, individuals and businesses. To address the need for homeless assistance and supportive services, Congress appropriated $5 billion in ARP funds to be administered through HOME to perform specific activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations. On June 27, 2022, the U.S Department of Housing and Urban Development (HUD) approved the allocation of $1,710,939 in HOME-ARP funding to the City of Torrance. The City utilized the HOME-ARP allocation to fund supportive services for people experiencing homelessness, specifically through the hiring of two Homeless Outreach Coordinators providing direct service.
1 City Council
February 24, 2026
In February 2024, the City was officially notified that HUD erroneously allocated the HOME-ARP funding to the City due to a calculation error that impacted multiple jurisdictions. To remedy this error, the City will now receive a HOME-ARP allocation through the California Department of Housing and Community Development (HCD) as opposed to directly from HUD. The City expects to receive $1,720,938 in HCD HOME-ARP funds. The City will use the HCD HOME-ARP funds to support existing supportive services focused primarily on people experiencing homelessness.
The supportive services will be administered directly by Homeless Outreach Coordinators and include outreach, housing search and counseling, case management, transportation assistance, and landlord-tenant liaison activities. The HOME-ARP funding is projected to be utilized for the eligible personnel costs of two Homeless Outreach Coordinators. These funds must be expended by September 30, 2030.
To receive the funding from HCD, the City must adopt a resolution authorizing the acceptance of the HOME-ARP grant and the execution of a standard agreement and related documents (Attachment 1). While the City currently only anticipates receiving $1,720,938 (per guidance from HCD), the resolution lists a not to exceed grant award amount at $3,500,000, in case of any future positive changes to the funding allocation.
ATTACHMENTS
1. HCD HOME-ARP Resolution for Approval
2. Draft HCD Standard Agreement
2 RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TORRANCE,
CALIFORNIA AUTHORIZING THE ACCEPTANCE OF A HOME-AMERICAN
RESCUE PLAN (HOME-ARP) GRANT AND THE EXECUTION OF A STANDARD
AGREEMENT AND RELATED DOCUMENTS WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
A necessary quorum and majority of the City Council of the City of Torrance, a municipal corporation in the County of Los Angeles, State of California, hereby consent to and adopt the following Resolution:
WHEREAS, the California Department of Housing and Community Development (the "Department" or "HCD") is authorized to administer and allocate HOME Investment Partnerships Program — American Rescue Plan ("HOME-ARP") funds made available by the U.S. Department of Housing and Urban Development ("HUD"); and
WHEREAS, HOME-ARP funds are to be used for the purposes set forth in HUD Notice CPD-21- 10 and, as applicable, the federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, Part 92, and in Title 25 of the California Code of Regulations commencing with Section 8200; and
WHEREAS, due to a correction in HUD's HOME-ARP allocation methodology, certain local jurisdictions, including the City of Torrance, were unable to receive HOME-ARP funds directly from HUD and instead are receiving HOME-ARP funds administered by the Department, as reflected in the State of California 2021-2022 Annual Action Plan Fifth Substantial Amendment; and
WHEREAS, the City of Torrance desires to accept HOME-ARP funds administered by the Department and to enter into a Standard Agreement and related documents in order to carry out eligible HOME-ARP activities in compliance with all applicable federal and state requirements.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF TORRANCE, AS FOLLOWS:
SECTION 1 — Acceptance of HOME-ARP Funds.
The City Council hereby authorizes the City of Torrance to accept a HOME-ARP grant from the California Department of Housing and Community Development in an amount not to exceed $3,500,000, in accordance with all applicable state and federal laws, rules, and regulations.
SECTION 2 — Compliance.
The City acknowledges that the Department may approve HOME-ARP funding allocations subject to the terms and conditions of the HOME-ARP Standard Agreement. The City agrees to comply with HUD Notice CPD-21-10 and all applicable federal and state statutes, rules, regulations, and requirements governing the use of HOME-ARP funds.
SECTION 3 — Authorized Signatory for Standard Agreement.
The City Council hereby authorizes and directs the Mayor or Mayor Pro Tempore of the City of Torrance to execute, on behalf of the City, the HOME-ARP Standard Agreement with the California Department of Housing and Community Development, any amendments thereto, and any related contracts or conveyances, in accordance with California Government Code sections 40601 and 40602.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TORRANCE,
CALIFORNIA AUTHORIZING THE ACCEPTANCE OF A HOME -AMERICAN
RESCUE PLAN (HOME-ARP) GRANT AND THE EXECUTION OF A STANDARD
AGREEMENT AND RELATED DOCUMENTS WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
A necessary quorum and majority of the City Council of the City of Torrance, a municipal corporation in the County of Los Angeles, State of California, hereby consent to and adopt the following Resolution:
WHEREAS, the California Department of Housing and Community Development (the “Department” or “HCD”) is authorized to administer and allocate HOME Investment Partnerships Program – American Rescue Plan (“HOME-ARP”) funds made available by the U.S. Department of Housing and Urban Development (“HUD”); and
WHEREAS, HOME-ARP funds are to be used for the purposes set forth in HUD Notice CPD-21- 10 and, as applicable, the federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, Part 92, and in Title 25 of the California Code of Regulat ions commencing with Section 8200; and
WHEREAS, due to a correction in HUD’s HOME -ARP allocation methodology, certain local jurisdictions, including the City of Torrance, were unable to receive HOME -ARP funds directly from HUD and instead are receiving HOME -ARP funds administered by the Department, as reflected in the State of California 2021 –2022 Annual Action Plan Fifth Substantial Amendment; and
WHEREAS, the City of Torrance desires to accept HOME -ARP funds administered by the Department and to enter into a Standard Agreement and related documents in order to carry out eligible HOME-ARP activities in compliance with all applicable federal and state requirements.
NOW, THEREFORE, BE IT RESOLVED , BY THE CITY COUNCIL OF THE CITY OF TORRANCE, AS FOLLOWS:
SECTION 1 – Acceptance of HOME-ARP Funds.
The City Council hereby authorizes the City of Torrance to accept a HOME -ARP grant from the California Department of Housing and Community Development in an amount not to exceed $3,500,000, in accordance with all applicable state and federal laws, rules, and regulations.
SECTION 2 – Compliance.
The City acknowledges that the Department may approve HOME-ARP funding allocations subject to the terms and conditions of the HOME -ARP Standard Agreement. The City agrees to comply with HUD Notice CPD-21-10 and all applicable federal and state statutes, rules, regulations, and requirements governing the use of HOME-ARP funds.
SECTION 3 – Authorized Signatory for Standard Agreement.
The City Council hereby authorizes and directs the Mayor or Mayor Pro Tempore of the City of Torrance to execute, on behalf of the City, the HOME-ARP Standard Agreement with the California Department of Housing and Community Development, any amendments thereto, and any related contracts or conveyances, in accordance with California Government Code sections 40601 and 40602.
3 ATTACHMENT 1
If, and only if, the City has an existing ordinance or code provision that expressly authorizes another City official to execute contracts and conveyances on behalf of the City, and written documentation of such authority is provided to the Department in a form acceptable to the Department, the City Manager may execute the HOME-ARP Standard Agreement. Absent such ordinance or documentation, the Mayor or Mayor Pro Tempore must execute the Standard Agreement.
Nothing in this Resolution shall be construed to create or expand contract-signing authority beyond that provided by applicable law or ordinance.
SECTION 4 — Authorized Signatory for Other HOME-ARP Documents.
The City Council hereby authorizes and directs the City Manager, or such other City official as may be designated by the City, to execute and submit all other HOME-ARP related documents required by the Department, including but not limited to fund requests, reports, certifications, and administrative or programmatic documentation, provided that written documentation evidencing such authority is attached to this Resolution or otherwise provided to the Department in a form acceptable to the Department.
SECTION 5 — Administration.
The City Council hereby authorizes the City Manager, or designee, to administer the HOME-ARP grant in accordance with the Standard Agreement and applicable program requirements.
INTRODUCED, APPROVED, and ADOPTED at the regular meeting of the City Council of the City of Torrance held on the 24th day of February 2026.
Mayor George K. Chen
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney ATTEST:
Tatia Y. Strader, Assistant City Attorney Rebecca Poirier, MMC, City Clerk If, and only if, the City has an existing ordinance or code provision that expressly authorizes another City official to execute contracts and conveyances on behalf of the City, and written documentation of such authority is provided to the Department in a form acceptable to the Department, the City Manager may execute the HOME -ARP Standard Agreement. Absent such ordinance or documentation, the Mayor or Mayor Pro Tempore must execute the Standard Agreement.
Nothing in this Resolution shall be construed to create or expand contract -signing authority beyond that provided by applicable law or ordinance.
SECTION 4 – Authorized Signatory for Other HOME-ARP Documents.
The City Council hereby authorizes and directs the City Manager, or such other City official as may be designated by the City, to execute and submit all other HOME -ARP related documents required by the Department, including but not limited to fund requests, reports, certifications, and administrative or programmatic documentation, provided that written documentation evidencing such authority is attached to this Resolution or otherwise provided to the Department in a form acceptable to the Department.
SECTION 5 – Administration.
The City Council hereby authorizes the City Manager, or designee, to administer the HOME-ARP grant in accordance with the Standard Agreement and applicable program requirements.
INTRODUCED, APPROVED, and ADOPTED at the regular meeting of the City Council of the City of Torrance held on the 24th day of February 2026.
_______________________________
Mayor George K. Chen
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney ATTEST:
________________________________ _______________________________ Tatia Y. Strader, Assistant City Attorney Rebecca Poirier, MMC, City Clerk 4 City of Torrance
H 0 M E-ARP-XXXXX
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EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority & Purpose
A. This Standard Agreement (hereinafter "Agreement") will provide official notification of the commitment of funds under the State of California's administration of the HOME- ARP (hereinafter, the "Program") by the Department of Housing and Community Development (hereinafter the "Department" or "HCD") pursuant to 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2) and CPD-21-10 (HOME-ARP Notice).
B. HOME-ARP provides funds for a wide range of supportive services aimed at enhancing housing stability and preventing homelessness to qualifying individuals and families as a separate activity or in combination with other HOME-ARP activities. Supportive services include a) services listed in section 401(29) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(29)); b) homelessness prevention services as described in Section VI.D.3. and D.4. of the HOME-ARP Notice.
C. HCD receives HOME-ARP funds from U.S. Department of Housing and Urban Development (HUD) and then HCD (as grantor), via this Agreement, is making a grant of specific HOME-ARP funds to a grantee, who is also known as the City of Torrance, as defined in Exhibit D. In accepting this commitment of funds, the City of Torrance agrees to comply with the terms and conditions of this Agreement, as it relates to the HOME-ARP Notice of Funding Availability (NOFA) dated October 30th, 2023.. Any and all changes made to the submitted and awarded Application after this Agreement is executed must receive prior written approval from the Department.
2. Definitions
A. In addition to the definitions found in 42 USC section 11371 (section 411) and CPD-21-10, the following definitions shall apply to this subchapter:
1) "Administrative activities" is defined CPD 21-10.
2) "At Risk of Homelessness" as defined in 24 CFR 91.5 and CPD-21-10. 3) "Continuum of Care" means the group composed of representatives of relevant organizations, which generally includes nonprofit homeless providers, victim service providers, faith-based organizations, Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
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EXHIBIT A
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority & Purpose
A. This Standard Agreement (hereinafter "Agreement") will provide official notification of the commitment of funds under the State of California's administration of the HOME- ARP (hereinafter, the “Program”) by the Department of Housing and Community Development (hereinafter the “Department” or “HCD”) pursuant to 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2) and CPD-21-10 (HOME-ARP Notice).
B. HOME-ARP provides funds for a wide range of supportive services aimed at enhancing housing stability and preventing homelessness to qualifying individuals and families as a separate activity or in combination with other HOME-ARP activities. Supportive services include a) services listed in section 401(29) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(29)); b) homelessness prevention services as described in Section VI.D.3. and D.4. of the HOME-ARP Notice.
C. HCD receives HOME-ARP funds from U.S. Department of Housing and Urban Development (HUD) and then HCD (as grantor), via this Agreement, is making a grant of specific HOME-ARP funds to a grantee, who is also known as the City of Torrance, as defined in Exhibit D. In accepting this commitment of funds, the City of Torrance agrees to comply with the terms and conditions of this Agreement, as it relates to the HOME-ARP Notice of Funding Availability (NOFA) dated October 30th, 2023.. Any and all changes made to the submitted and awarded Application after this Agreement is executed must receive prior written approval from the Department.
2. Definitions
A. In addition to the definitions found in 42 USC section 11371 (section 411) and CPD-21-10, the following definitions shall apply to this subchapter:
1) “Administrative activities” is defined CPD 21-10.
2) “At Risk of Homelessness” as defined in 24 CFR 91.5 and CPD-21-10. 3) “Continuum of Care” means the group composed of representatives of relevant organizations, which generally includes nonprofit homeless providers, victim service providers, faith-based organizations, 5 ATTACHMENT 2
City of Torrance
H 0 M E-ARP-)0000(
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EXHIBIT A
governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons that are organized to plan for and provide, as necessary, a system of outreach, engagement, and assessment; emergency shelter; rapid re-housing; transitional housing; permanent housing; and prevention strategies to address the various needs of homeless persons and persons at risk of homelessness for a specific geographic area.
4) "Contract" see "Standard Agreement" defined below.
5) "Contractor" means a state law contractor entity that enters into a Standard Agreement (STD 213) with the Department for HPSP funds, per (State Contacting Manual, Glossary; 25 CCR 8401), and becomes a federally defined subrecipient under CPD-21-10.
6) "Coordinated Entry" means the system of program access, needs assessment and prioritization developed by a Continuum of Care pursuant to 24 CFR 578.3 as referenced in CPD-21-10, and associated HUD requirements and guidance. This term is also known as "Coordinated Entry System", "Coordinated Assessment" or "Centralized Assessment". 7) "Department" means the California Department of Housing and Community Development.
8) "Due Process" means a formal process that recognizes the rights of individuals receiving assistance and consist of:
a) Providing the program participant with a written copy of the program rules and the termination process before the participant begins to receive assistance,
b) Written notice to the program participant containing a clear statement of the reasons for termination
c) A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision, and
d) Prompt written notice of the final decision to the program participant. (CPD-21-10)
9) "HOME-ARP" is the acronym for the HOME American Rescue Plan. 10) "Eligible Activities" mean those activities upon which HOME-ARP funds for may be expended as defined under CPD-21-10.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
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EXHIBIT A
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons that are organized to plan for and provide, as necessary, a system of outreach, engagement, and assessment; emergency shelter; rapid re-housing; transitional housing; permanent housing; and prevention strategies to address the various needs of homeless persons and persons at risk of homelessness for a specific geographic area.
4) “Contract” see “Standard Agreement” defined below.
5) “Contractor” means a state law contractor entity that enters into a Standard Agreement (STD 213) with the Department for HPSP funds, per (State Contacting Manual, Glossary; 25 CCR 8401), and becomes a federally defined subrecipient under CPD-21-10.
6) “Coordinated Entry” means the system of program access, needs assessment and prioritization developed by a Continuum of Care pursuant to 24 CFR 578.3 as referenced in CPD-21-10, and associated HUD requirements and guidance. This term is also known as “Coordinated Entry System”, “Coordinated Assessment” or “Centralized Assessment”. 7) “Department” means the California Department of Housing and Community Development.
8) “Due Process” means a formal process that recognizes the rights of individuals receiving assistance and consist of:
a) Providing the program participant with a written copy of the program rules and the termination process before the participant begins to receive assistance,
b) Written notice to the program participant containing a clear statement of the reasons for termination
c) A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision, and
d) Prompt written notice of the final decision to the program participant. (CPD-21-10)
9) “HOME-ARP” is the acronym for the HOME American Rescue Plan. 10) “Eligible Activities” mean those activities upon which HOME-ARP funds for may be expended as defined under CPD-21-10.
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EXHIBIT A
11) "HOME-ARP Entitlement Area" or " Non-Entitlement Jurisdictions" means a locale that must meet each of the following:
a) Must not have received a HOME-ARP allocation directly from HUD; b) Is not a participant in an urban county agreement with a county that has received a HOME-ARP allocation from HUD; and
c) Is not a participant in a HOME consortium.
12) "HMIS" means Homeless Management Information System as defined under 24 CFR 91.5.
13) "Homeless" as defined under "Qualifying Populations" in the HOME-ARP Notice and at 24 CFR 91.5 paragraphs)-3.
14) "Homelessness Prevention Services" means activities or programs described in the HOME-ARP Notice Section VI.D.4.c.i.
15) "HUD" means the United States Department of Housing and Urban Development.
16) "NOFA" is the acronym for a "Notice of Funding Availability." 17) "Non-entitlement Jurisdiction" are jurisdictions and unincorporated areas that do not receive HOME funding directly from HUD
18) "Outreach Coordinator(s)" Interacts with both individuals and families who have housing stability issues and connects them with housing solutions and supportive services.
19) "Private Nonprofit Organization" or "Nonprofit Organization" as defined at 24 CFR Part 92.
20) "Program" means the HOME- American Rescue Plan (HOME-ARP). 21) "Qualified Population" or "HOME-ARP Qualified Population" refers to Any individual or family who meets the criteria for the following populations:
a) Homeless
b) At risk of Homelessness,
c) Fleeing or attempting to flee Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking,
d) Those severely cost burdened and at the greatest risk of housing instability.
22) "Rapid Re-Housing" means the activities to provide housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. (24 CFR 91.5).
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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EXHIBIT A
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
11) “HOME-ARP Entitlement Area” or “ Non-Entitlement Jurisdictions” means a locale that must meet each of the following:
a) Must not have received a HOME-ARP allocation directly from HUD; b) Is not a participant in an urban county agreement with a county that has received a HOME-ARP allocation from HUD; and
c) Is not a participant in a HOME consortium.
12) “HMIS” means Homeless Management Information System as defined under 24 CFR 91.5.
13) “Homeless” as defined under “Qualifying Populations” in the HOME-ARP Notice and at 24 CFR 91.5 paragraphs1-3.
14) “Homelessness Prevention Services” means activities or programs described in the HOME-ARP Notice Section VI.D.4.c.i.
15) “HUD” means the United States Department of Housing and Urban Development.
16) “NOFA” is the acronym for a “Notice of Funding Availability.” 17) “Non-entitlement Jurisdiction” are jurisdictions and unincorporated areas that do not receive HOME funding directly from HUD
18) “Outreach Coordinator(s)”Interacts with both individuals and families who have housing stability issues and connects them with housing solutions and supportive services.
19) “Private Nonprofit Organization” or “Nonprofit Organization” as defined at 24 CFR Part 92.
20) “Program” meansthe HOME- American Rescue Plan (HOME-ARP). 21) “Qualified Population” or “HOME-ARP Qualified Population” refers toAny individual or family who meets the criteria for the following populations:
a) Homeless
b) At risk of Homelessness,
c) Fleeing or attempting to flee Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking,
d) Those severely cost burdened and at the greatest risk of housing instability.
22) “Rapid Re-Housing” means the activities to provide housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. (24 CFR 91.5).
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EXHIBIT A
23) "Standard Agreement" means the contract entered by the Department and the HPSP Contractor setting forth the basic terms and conditions governing the awards of HPSP funds.
24) "Written Standards" means the standards, policies, and procedures adopted by the Contractor for providing HPSP Eligible Activities pursuant to the requirements of CPD-21-10 Part VI, Subpart D- Eligible Supportive Services under HOME-ARP.
Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: 42 USC 5302, 42 USC 11302, 42 USC 11371, 42 USC 11373, 24 CFR 576.3, 24 CFR 576.400, CFR 576.2, 24 CFR 91.5, and CPD-21-10
3. Scope of Work
A. The City of Torrance shall perform the Scope of Work (hereinafter "Work") as described in this Agreement. The City of Torrance shall be responsible for ensuring its selected outreach coordinators perform the Scope of Work set forth in Exhibit E of this Agreement. The Department reserves the right to monitor all Scope of Work to be performed by the City of Torrance, in relation to this Agreement. Any proposed revision to the Scope of Work must be submitted in writing for review and approval by the Department and may require an amendment to this Agreement. Approval shall not be presumed unless such approval is made by the Department in writing.
B. The City of Torrance shall perform the Scope of Work, only in the service areas as identified, and in accordance with Federal HOME ARP requirements in CPD- 21-10, and listed under the scope of work outlined throughout Exhibit E. Services shall be provided by the City of Torrance for at least the term of the grant. For the purposes of performing the Scope of Work, the Department agrees to provide the amount(s) identified in Exhibit E. Unless amended in writing, the Department shall not be liable for any costs that exceed the total approved budget. The Department shall not, under any conditions, be liable for any unauthorized or ineligible costs or activities. Funds for unauthorized or ineligible activities will not be reimbursed by the Department.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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EXHIBIT A
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
23) “Standard Agreement” means the contract entered by the Department and the HPSP Contractor setting forth the basic terms and conditions governing the awards of HPSP funds.
24) “Written Standards” means the standards, policies, and procedures adopted by the Contractor for providing HPSP Eligible Activities pursuant to the requirements of CPD-21-10 Part VI, Subpart D- Eligible Supportive Services under HOME-ARP.
Note: Authority cited: Section 50406(n), Health and Safety Code. Reference: 42 USC 5302, 42 USC 11302, 42 USC 11371, 42 USC 11373, 24 CFR 576.3, 24 CFR 576.400, CFR 576.2, 24 CFR 91.5, and CPD-21-10
3. Scope of Work
A. The City of Torrance shall perform the Scope of Work (hereinafter “Work”) as described in this Agreement. The City of Torrance shall be responsible for ensuring its selected outreach coordinators perform the Scope of Work set forth in Exhibit E of this Agreement. The Department reserves the right to monitor all Scope of Work to be performed by the City of Torrance, in relation to this Agreement. Any proposed revision to the Scope of Work must be submitted in writing for review and approval by the Department and may require an amendment to this Agreement. Approval shall not be presumed unless such approval is made by the Department in writing.
B. The City of Torrance shall perform the Scope of Work, only in the service areas as identified, and in accordance with Federal HOME ARP requirements in CPD- 21-10, and listed under the scope of work outlined throughout Exhibit E. Services shall be provided by the City of Torrance for at least the term of the grant. For the purposes of performing the Scope of Work, the Department agrees to provide the amount(s) identified in Exhibit E. Unless amended in writing, the Department shall not be liable for any costs that exceed the total approved budget. The Department shall not, under any conditions, be liable for any unauthorized or ineligible costs or activities. Funds for unauthorized or ineligible activities will not be reimbursed by the Department.
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EXHIBIT A
4. Effective Date and Commencement of Work
This Agreement is effective upon the date of the Department representative's signature on page one of the fully executed Standard Agreement, STD 213, (the "Effective Date"). In addition, no Program funds shall be incurred or reimbursed until the Standard Agreement has been executed. The City of Torrance agrees that the Scope of Work shall be completed by the expenditure date specified in Exhibit E, in line with the HOME-ARP allocation timeline.
A. The City of Torrance must expend all funds within the contract period which ends March 31st, 2030. Grant funds shall be expended at a rate of 20% annually and failure to do so may result in disencumbrance of funds.
B. The City of Torrance agrees to provide documentation satisfactory to the Department evidencing rapid implementation of the Program within 60 days from Effective Date of this Agreement. If the City of Torrance fails to provide such documentation, the Department may disencumber any portion of the amount authorized by this Agreement with a 14-day written notification.
Documentation of rapid implementation includes but not limited to the following:
1) Verification of hiring staff
2) Connected with local COC, CE and promote program
3) Integrate program into HMIS
C. The City of Torrance agrees that the Scope of Work shall be completed by the expenditure date specified in Exhibit E and that the Work will be provided for the full term of this Agreement.
5. Term of Agreement and Deadlines
A. This Agreement will expire on the date described in Exhibit E B. All Program funds shall be expended by the date described in Exhibit E.
C. All Final Request for Funds (RFF) shall be submitted to the Department within 30 days after the expenditure deadline.
D. Reimbursements will not be made after this Agreement expires.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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EXHIBIT A
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
4. Effective Date and Commencement of Work
This Agreement is effective upon the date of the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213, (the “Effective Date"). In addition, no Program funds shall be incurred or reimbursed until the Standard Agreement has been executed. The City of Torrance agrees that the Scope of Work shall be completed by the expenditure date specified in Exhibit E, in line with the HOME-ARP allocation timeline.
A. The City of Torrance must expend all funds within the contract period which ends March 31st, 2030. Grant funds shall be expended at a rate of 20% annually and failure to do so may result in disencumbrance of funds.
B. The City of Torrance agrees to provide documentation satisfactory to the Department evidencing rapid implementation of the Program within 60 days from Effective Date of this Agreement. If the City of Torrance fails to provide such documentation, the Department may disencumber any portion of the amount authorized by this Agreement with a 14-day written notification.
Documentation of rapid implementation includes but not limited to the following:
1) Verification of hiring staff
2) Connected with local COC, CE and promote program
3) Integrate program into HMIS
C. The City of Torrance agrees that the Scope of Work shall be completed by the expenditure date specified in Exhibit E and that the Work will be provided for the full term of this Agreement.
5. Term of Agreement and Deadlines
A. This Agreement will expire on the date described in Exhibit E B. All Program funds shall be expended by the date described in Exhibit E.
C. All Final Request for Funds (RFF) shall be submitted to the Department within 30 days after the expenditure deadline.
D. Reimbursements will not be made after this Agreement expires. 9 City of Torrance
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E. The first funds request must be submitted within 90 days from the Effective Date of this Agreement. The City of Torrance is strongly encouraged to submit a RFF on the monthly basis. If this expenditure expectation is not met, the Department reserves the right to mandate a corrective action or remediation plan to ensure future timely expenditure of HOME-ARP funds.
F Upon receipt of a completed and accurate RFF with all supporting documentation, HCD will reimburse draw requests within 45 days.
G. HCD may establish minimum disbursement amounts or other related procedures necessary for the efficient administration of the program.
H. Expenditure Milestone Expectations
1) The City of Torrance must expend at least 20% of their award annually prior to the expenditure deadline referenced in Exhibit E. 2) Should the City of Torrance not meet the expenditure milestone, The Department, in its sole and absolute discretion, reserves the right to recapture unexpended funds.
3) Expenditure Milestone Expectations are described in Exhibit E.
I. Expenditures
The City of Torrance must draw down and expend funds from each year's grant monthly. All the recipient's grant must be expended for eligible activity costs within the Agreement term as listed in Exhibit E. For the purposes of this paragraph, expenditure means either an actual cash disbursement for:
1) a direct charge for a good or service; or
2) an indirect cost or the accrual of a direct charge for a good or service; or 3) an indirect cost.
J. The Department may impose sanctions, as well as any other remedies available Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
E. The first funds request must be submitted within 90 days from the Effective Date of this Agreement. The City of Torrance is strongly encouraged to submit a RFF on the monthly basis. If this expenditure expectation is not met, the Department reserves the right to mandate a corrective action or remediation plan to ensure future timely expenditure of HOME-ARP funds.
F . Upon receipt of a completed and accurate RFF with all supporting documentation, HCD will reimburse draw requests within 45 days.
G. HCD may establish minimum disbursement amounts or other related procedures necessary for the efficient administration of the program.
H. Expenditure Milestone Expectations
1) The City of Torrance must expend at least 20% of their award annually prior to the expenditure deadline referenced in Exhibit E. 2) Should the City of Torrance not meet the expenditure milestone, The Department, in its sole and absolute discretion, reserves the right to recapture unexpended funds.
3) Expenditure Milestone Expectations are described in Exhibit E.
I. Expenditures
The City of Torrance must draw down and expend funds from each year's grant monthly. All the recipient's grant must be expended for eligible activity costs within the Agreement term as listed in Exhibit E. For the purposes of this paragraph, expenditure means either an actual cash disbursement for:
1) a direct charge for a good or service; or
2) an indirect cost or the accrual of a direct charge for a good or service; or 3) an indirect cost.
J. The Department may impose sanctions, as well as any other remedies available 10 City of Torrance
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to it under law, on The City of Torrance for failure to abide by any State and federal laws and regulations applicable to the HPSP program. As the Department deems appropriate or necessary, sanctions include, without limitation, any or all of the following:
1) Directing a The City of Torrance to stop incurring costs under the current Agreement;
2) Requiring that some or all of the grant amounts be remitted to the Department;
3) Reducing the amount of grant funds, The City of Torrance would otherwise be entitled to receive;
4) Electing not to award future grant funds to The City of Torrance until appropriate actions are taken to ensure compliance with Home-ARP requirements; and/or;
5) Taking any other actions permitted pursuant to CPD-21-10
6. Scope of Work Revisions
A. Scope of Work Revisions: Scope of Work Revisions must be approved by the Department in writing prior to implementation. If approved, Scope of Work Revisions shall automatically be deemed a part of, and incorporated into, this Agreement. Approval shall be provided in writing through the online grant management system, as appropriate. Scope of Work Revisions shall include but not be limited to:
1) Budget revisions which do not change the total award amount. 2) Changes to the Authorized Representative supported by the Resolution of the Authorizing Board
3) Line-item changes to the budget provided that the City of Torrance notifies the Department of the need for changes to update IDIS.
B. Budget line-item changes representing more than 25 percent of the overall budget requires a Standard Agreement amendment as referenced in 25 CCR 8411.
7. HOME-ARP Program Standard Agreement Management
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
to it under law, on The City of Torrance for failure to abide by any State and federal laws and regulations applicable to the HPSP program. As the Department deems appropriate or necessary, sanctions include, without limitation, any or all of the following:
1) Directing a The City of Torrance to stop incurring costs under the current Agreement;
2) Requiring that some or all of the grant amounts be remitted to the Department;
3) Reducing the amount of grant funds, The City of Torrance would otherwise be entitled to receive;
4) Electing not to award future grant funds to The City of Torrance until appropriate actions are taken to ensure compliance with Home-ARP requirements; and/or;
5) Taking any other actions permitted pursuant to CPD-21-10
6. Scope of Work Revisions
A. Scope of Work Revisions: Scope of Work Revisions must be approved by the Department in writing prior to implementation. If approved, Scope of Work Revisions shall automatically be deemed a part of, and incorporated into, this Agreement. Approval shall be provided in writing through the online grant management system, as appropriate. Scope of Work Revisions shall include but not be limited to:
1) Budget revisions which do not change the total award amount. 2) Changes to the Authorized Representative supported by the Resolution of the Authorizing Board
3) Line-item changes to the budget provided that the City of Torrance notifies the Department of the need for changes to update IDIS.
B. Budget line-item changes representing more than 25 percent of the overall budget requires a Standard Agreement amendment as referenced in 25 CCR 8411.
7. HOME-ARP Program Standard Agreement Management
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A. Department Agreement Manager: For purposes of this Agreement the HOME- ARP Program Standard Agreement Manager for the Department is the Program Manager of the HOME-ARP Program, or such person's designee. Written communication regarding this Agreement shall be directed to the HOME-ARP Program Representative via e-mail or at the following address:
Department of Housing and Community Development
Division of Financial Assistance, Federal Programs Branch
HOME-ARP
651 Bannon St, Suite 700
Sacramento, California 95811
Email: [email protected]
B. Standard Agreement Management: Day-to-day administration of this Agreement shall take place through the online grant management system, including, but not limited to:
1) Requests for Funds and Detailed Expense Forms;
2) Budget Revision Forms;
3) Monthly Reports;
a) All monthly reports are due on the 1st of the second month following the report month (i.e. January report month due on March 1st)
4) Quarterly Reports;
a) All quarterly reports are due the 10th of the month following the report quarter (i.e. January-March quarterly report due by April 10th)
5) Annual Reviews;
6) Submittal of any and all requested supporting documentation; 7) Standard Agreement Amendments (material contract changes).
C. The City of Torrance 's Administrator: The City of Torrance 's Administrator must Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
A. Department Agreement Manager: For purposes of this Agreement the HOME- ARP Program Standard Agreement Manager for the Department is the Program Manager of the HOME-ARP Program, or such person’s designee. Written communication regarding this Agreement shall be directed to the HOME-ARP Program Representative via e-mail or at the following address:
Department of Housing and Community Development
Division of Financial Assistance, Federal Programs Branch
HOME-ARP
651 Bannon St, Suite 700
Sacramento, California 95811
Email: [email protected]
B. Standard Agreement Management: Day-to-day administration of this Agreement shall take place through the online grant management system, including, but not limited to:
1) Requests for Funds and Detailed Expense Forms;
2) Budget Revision Forms;
3) Monthly Reports;
a) All monthly reports are due on the 1 st of the second month following the report month (i.e. January report month due on March 1st)
4) Quarterly Reports;
a) All quarterly reports are due the 10 th of the month following the report quarter (i.e. January-March quarterly report due by April 10th)
5) Annual Reviews;
6) Submittal of any and all requested supporting documentation; 7) Standard Agreement Amendments (material contract changes).
C. The City of Torrance 's Administrator: The City of Torrance ’s Administrator must 12 City of Torrance
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be a City of Torrance 's employee as identified in Exhibit E. Any notice, report, or other communication required by this Agreement shall be directed to the Contract Administrator at the contact information identified in Exhibit E. Written communication shall be directed to the City of Torrance 's Administrator as identified in the City of Torrance Profile as referenced in Exhibit E.
8. Capacity to Perform
The City of Torrance has the capacity, financial resources, staff resources and authority to fulfill the obligations required of it hereunder, and nothing prohibits or restricts the right or ability of The City of Torrance to carry out the terms hereof.
9. Authority to Execute
Each Party executing this Agreement represents that it is authorized to execute this Agreement. Each person executing this Agreement on behalf of an entity, other than an individual executing this Agreement on their own behalf, represents that they are authorized to execute this Agreement on behalf of said entity.
10. The City of Torrance 's Contract Coordinators
The Contractors Authorized Representative for this Agreement shall be designated by the Contractor. Unless otherwise informed, any notice, report, or other communication required by this Agreement will be sent via email to the Contractor or mailed by first- class mail to the Contractors designated address
11. HOME-ARP Program Coordinator
The HOME-ARP Recipient's contact for this Agreement may vary; therefore, you will be contacted directly by your assigned HCD program representative. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be sent by e-mail or First-Class mail as shown below:
Email: [email protected]
Address: Department of Housing and Community Development Division of Federal Financial Assistance — HOME-ARP
651 Bannon St, Suite 700
Sacramento, CA 95811
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
be a City of Torrance ’s employee as identified in Exhibit E. Any notice, report, or other communication required by this Agreement shall be directed to the Contract Administrator at the contact information identified in Exhibit E. Written communication shall be directed to the City of Torrance ’s Administrator as identified in the City of Torrance Profile as referenced in Exhibit E.
8. Capacity to Perform
The City of Torrance has the capacity, financial resources, staff resources and authority to fulfill the obligations required of it hereunder, and nothing prohibits or restricts the right or ability of The City of Torrance to carry out the terms hereof.
9. Authority to Execute
Each Party executing this Agreement represents that it is authorized to execute this Agreement. Each person executing this Agreement on behalf of an entity, other than an individual executing this Agreement on their own behalf, represents that they are authorized to execute this Agreement on behalf of said entity.
10. The City of Torrance ’s Contract Coordinators
The Contractors Authorized Representative for this Agreement shall be designated by the Contractor. Unless otherwise informed, any notice, report, or other communication required by this Agreement will be sent via email to the Contractor or mailed by first- class mail to the Contractors designated address
11. HOME-ARP Program Coordinator
The HOME-ARP Recipient's contact for this Agreement may vary; therefore, you will be contacted directly by your assigned HCD program representative. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be sent by e-mail or First-Class mail as shown below:
Email: [email protected]
Address: Department of Housing and Community Development Division of Federal Financial Assistance – HOME-ARP
651 Bannon St, Suite 700
Sacramento, CA 95811
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget
HOME-ARP (hereinafter the 'Program') funds shall be used for the activities as detailed in Exhibit E of this Agreement, as described in 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2) and Part VI, Subpart D of the CPD-21-10 (HOME-ARP Notice).
2. Availability of Funds
The Department's provision of funding to The City of Torrance (as defined in Exhibit D) pursuant to this Agreement is contingent on the continued availability of HOME-ARP funds and continued federal authorization for HOME-ARP activities, as well as the conditions set forth in Exhibit D. The Department's provision of funding is subject to amendment or termination due to lack of funds or proper authorization. This Agreement is subject to written modification or termination, as necessary, by the Department in accordance with requirements contained in any future state or federal legislation and/or state or federal regulations. All other modifications must be in written form and approved by both parties.
3. Method of Payment
A. All payments made under this Agreement will be made to The City of Torrance named in Section 1 of the Standard Agreement signature page, commonly known as STD 213.
B. Payments to The City of Torrance shall be made on Requests for Funds (RFF) to the Department, as referenced in Exhibit A. Each RFF must also be accompanied by a completed Detailed Expense Report (DER) as provided by the Department. The Department shall not authorize payments unless it determines that the work has been performed in compliance with the terms of this Agreement, and the HOME-ARP Notice. The City of Torrance shall not receive reimbursement for expenditures incurred prior to the Effective Date of this Agreement.
C. All Requests for Funds shall include expenditure detail. The City of Torrance shall not be reimbursed for expenditures incurred after the expiration date of this Agreement, as set forth in Exhibit E.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget
HOME-ARP (hereinafter the ‘Program’) funds shall be used for the activities as detailed in Exhibit E of this Agreement, as described in 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2) and Part VI, Subpart D of the CPD-21-10 (HOME-ARP Notice).
2. Availability of Funds
The Department’s provision of funding to The City of Torrance (as defined in Exhibit D) pursuant to this Agreement is contingent on the continued availability of HOME-ARP funds and continued federal authorization for HOME-ARP activities, as well as the conditions set forth in Exhibit D. The Department’s provision of funding is subject to amendment or termination due to lack of funds or proper authorization. This Agreement is subject to written modification or termination, as necessary, by the Department in accordance with requirements contained in any future state or federal legislation and/or state or federal regulations. All other modifications must be in written form and approved by both parties.
3. Method of Payment
A. All payments made under this Agreement will be made to The City of Torrance named in Section 1 of the Standard Agreement signature page, commonly known as STD 213.
B. Payments to The City of Torrance shall be made on Requests for Funds (RFF) to the Department, as referenced in Exhibit A. Each RFF must also be accompanied by a completed Detailed Expense Report (DER) as provided by the Department. The Department shall not authorize payments unless it determines that the work has been performed in compliance with the terms of this Agreement, and the HOME-ARP Notice. The City of Torrance shall not receive reimbursement for expenditures incurred prior to the Effective Date of this Agreement.
C. All Requests for Funds shall include expenditure detail. The City of Torrance shall not be reimbursed for expenditures incurred after the expiration date of this Agreement, as set forth in Exhibit E.
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The City of Torrance will provide supporting documentation with the submission of RFFs. The City of Torrance shall submit the following documentation to the Department prior to the disbursement of funds:
1) STD 204, Payee Data Record (If necessary);
2) Any documents, certifications, or evidence deemed necessary by the Department prior to disbursement of project funds; and;
3) For the final drawdown, a HOME-ARP Project Completion Report.
4. Budget Changes
A. After the Effective Date of this Agreement, no changes shall be made to the activities listed in the program budget, funded homeless service providers, or eligible activities without prior written approval from the Department. Any changes to this Agreement must be made in writing and approved by both the Department the City of Torrance. The proposed change/s must be consistent with CPD-21-10.
B. The City of Torrance agrees to notify the Department in writing of any line-item changes to the budget needed for the Department to update the federal Integrated Disbursement and Information System (IDIS). For line-item changes representing more than 25 percent of the overall project budget, a contract amendment is required (25 CCR 8411).
5. Ineligible Costs
A. HOME-ARP funds shall not be used for costs associated with activities in violation of any law or for any activities considered ineligible per the HOME-ARP Notice (CPD-21-10 Part VI, Subpart D). The Department reserves the right to request additional information and clarification to determine the reasonableness, necessity, and eligibility of all costs to be paid with HOME-ARP funds made available by this Agreement. If The City of Torrance uses HOME-ARP funds for the costs of ineligible activities, The City of Torrance shall be required to reimburse these funds to the Department immediately. Further, The City of Torrance shall be prohibited from applying to the Department for subsequent HOME-ARP funds until the Department is fully reimbursed.
B. An expenditure which is not authorized by this Contract, or which cannot be adequately documented, must be immediately repaid to the Department by The Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
The City of Torrance will provide supporting documentation with the submission of RFFs. The City of Torrance shall submit the following documentation to the Department prior to the disbursement of funds:
1) STD 204, Payee Data Record (If necessary);
2) Any documents, certifications, or evidence deemed necessary by the Department prior to disbursement of project funds; and;
3) For the final drawdown, a HOME-ARP Project Completion Report.
4. Budget Changes
A. After the Effective Date of this Agreement, no changes shall be made to the activities listed in the program budget, funded homeless service providers, or eligible activities without prior written approval from the Department. Any changes to this Agreement must be made in writing and approved by both the Department the City of Torrance. The proposed change/s must be consistent with CPD-21-10.
B. The City of Torrance agrees to notify the Department in writing of any line-item changes to the budget needed for the Department to update the federal Integrated Disbursement and Information System (IDIS). For line-item changes representing more than 25 percent of the overall project budget, a contract amendment is required (25 CCR 8411).
5. Ineligible Costs
A. HOME-ARP funds shall not be used for costs associated with activities in violation of any law or for any activities considered ineligible per the HOME-ARP Notice (CPD-21-10 Part VI, Subpart D). The Department reserves the right to request additional information and clarification to determine the reasonableness, necessity, and eligibility of all costs to be paid with HOME-ARP funds made available by this Agreement. If The City of Torrance uses HOME-ARP funds for the costs of ineligible activities, The City of Torrance shall be required to reimburse these funds to the Department immediately. Further, The City of Torrance shall be prohibited from applying to the Department for subsequent HOME-ARP funds until the Department is fully reimbursed.
B. An expenditure which is not authorized by this Contract, or which cannot be adequately documented, must be immediately repaid to the Department by The 15 City of Torrance
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City of Torrance. Expenditures for work, not described in Exhibit A, shall be deemed authorized only if the performance of such work is approved in writing by the Department prior to the commencement of such work.
C. The Department, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures
6. Duplication of HOME-ARP Benefits
Pursuant to both Federal and State law, all HOME-ARP costs must be necessary and reasonable. If applicable, there can be no duplication of benefit and HOME-ARP funds cannot be used to supplant local or state resources. The City of Torrance must guard against fraud (see Exhibit D) and ineligible uses of HOME-ARP funds in accordance with the HOME-ARP Notice and to 2 CFR part 200.
7. Compatibility of Program Funds
It is the duty and responsibility of the City of Torrance to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular program, or activity in order to ensure that each and every requirement of those funding sources is compatible with all HOME-ARP program requirements and restrictions. Incompatibility of funding sources will result in the denial or cancellation of an award or may result in the placement of conditions or limitations on an award, all as determined by the Department in its sole and absolute discretion.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance. Expenditures for work, not described in Exhibit A, shall be deemed authorized only if the performance of such work is approved in writing by the Department prior to the commencement of such work.
C. The Department, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures
6. Duplication of HOME-ARP Benefits
Pursuant to both Federal and State law, all HOME-ARP costs must be necessary and reasonable. If applicable, there can be no duplication of benefit and HOME-ARP funds cannot be used to supplant local or state resources. The City of Torrance must guard against fraud (see Exhibit D) and ineligible uses of HOME-ARP funds in accordance with the HOME-ARP Notice and to 2 CFR part 200.
7. Compatibility of Program Funds
It is the duty and responsibility of the City of Torrance to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular program, or activity in order to ensure that each and every requirement of those funding sources is compatible with all HOME-ARP program requirements and restrictions. Incompatibility of funding sources will result in the denial or cancellation of an award or may result in the placement of conditions or limitations on an award, all as determined by the Department in its sole and absolute discretion. 16 City of Torrance
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EXHIBIT D
HOME-ARP PROGRAM TERMS AND CONDITIONS
1. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department representative's signature on the fully executed Standard Agreement, STD 213 (the "Effective Date").
B. The HOME-ARP Recipient agrees that Work shall not commence, nor shall any costs to be paid with HOME funds be incurred or obligated by any party, prior to the execution of this Agreement by the Department, completion of all required environmental clearances, and compliance with all applicable conditions of this Agreement.
2. Eligible Activities
HOME-ARP funds awarded to the City of Torrance shall be used for the Eligible Activities set forth in Exhibits B and D, as permitted under HOME-ARP Notice. The following additional provisions or requirements shall apply:
A. For McKinney-Vento Supportive Services and Homelessness Prevention (HP) activities, no subpopulation targeting will be permitted.
B. The City of Torrance shall receive a portion of its HOME-ARP grant allocation for the payment of administrative costs. The amounts available for administrative activities will be referenced in Exhibit E.
C. Rental assistance payments provided as part of an RRH or HP activity under the CPD-21-10 and further defined in 24 CFR Part 576.106 cannot exceed HUD's Fair Market Rent (FMR) as provided under 24 CFR Part 888 and must comply with HUD's standard for rent reasonableness as established under 24 CFR Part 982.507 and the HOME-ARP Notice. Contact your HCD representative in the Federal Programs Branch for further assistance.
3. State Contracting Manual Requirements
All contracts must contain a 30-day cancellation clause and the following provisions:
A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
HOME-ARP PROGRAM TERMS AND CONDITIONS
1. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department representative’s signature on the fully executed Standard Agreement, STD 213 (the “Effective Date”).
B. The HOME-ARP Recipient agrees that Work shall not commence, nor shall any costs to be paid with HOME funds be incurred or obligated by any party, prior to the execution of this Agreement by the Department, completion of all required environmental clearances, and compliance with all applicable conditions of this Agreement.
2. Eligible Activities
HOME-ARP funds awarded to the City of Torrance shall be used for the Eligible Activities set forth in Exhibits B and D, as permitted under HOME-ARP Notice. The following additional provisions or requirements shall apply:
A. For McKinney-Vento Supportive Services and Homelessness Prevention (HP) activities, no subpopulation targeting will be permitted.
B. The City of Torrance shall receive a portion of its HOME-ARP grant allocation for the payment of administrative costs. The amounts available for administrative activities will be referenced in Exhibit E.
C. Rental assistance payments provided as part of an RRH or HP activity under the CPD-21-10 and further defined in 24 CFR Part 576.106 cannot exceed HUD’s Fair Market Rent (FMR) as provided under 24 CFR Part 888 and must comply with HUD’s standard for rent reasonableness as established under 24 CFR Part 982.507 and the HOME-ARP Notice. Contact your HCD representative in the Federal Programs Branch for further assistance.
3. State Contracting Manual Requirements
All contracts must contain a 30-day cancellation clause and the following provisions:
A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of 17 City of Torrance
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EXHIBIT D
congressional appropriation of funds to avoid Program and fiscal delays that would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the purpose of this Program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or to any statute enacted by Congress that may affect the provisions, terms, or funding of this contract in any manner.
C. The parties mutually agree that if Congress does not appropriate sufficient funds for the Program, this Agreement shall be amended to reflect any reduction in funds.
D. The Department has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds.
4. Sufficiency of Funds and Termination
A. The Department may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the City of Torrance.
Cause shall consist of violations of any terms and/or special conditions of this Agreement; the Federal Statutes; the Federal Regulations; the State Regulations; withdrawal of the Department's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the City of Torrance shall be returned to the Department within 30 days of the Notice of Termination.
B. This Agreement is valid and enforceable only if sufficient funds are made available to the Department by the United States Government for the purposes of this Program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or of the State of California, or of any agency, department, or any political subdivision of the federal or the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
C. The Department has the option to terminate this Agreement under the 30-day cancellation clause or to amend this Agreement to reflect any reduction of funds.
D. The City of Torrance shall administer termination of assistance in accordance with the HOME-ARP Notice.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
congressional appropriation of funds to avoid Program and fiscal delays that would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the purpose of this Program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or to any statute enacted by Congress that may affect the provisions, terms, or funding of this contract in any manner.
C. The parties mutually agree that if Congress does not appropriate sufficient funds for the Program, this Agreement shall be amended to reflect any reduction in funds.
D. The Department has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds.
4. Sufficiency of Funds and Termination
A. The Department may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the City of Torrance.
Cause shall consist of violations of any terms and/or special conditions of this Agreement; the Federal Statutes; the Federal Regulations; the State Regulations; withdrawal of the Department’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the City of Torrance shall be returned to the Department within 30 days of the Notice of Termination.
B. This Agreement is valid and enforceable only if sufficient funds are made available to the Department by the United States Government for the purposes of this Program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or of the State of California, or of any agency, department, or any political subdivision of the federal or the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
C. The Department has the option to terminate this Agreement under the 30-day cancellation clause or to amend this Agreement to reflect any reduction of funds.
D. The City of Torrance shall administer termination of assistance in accordance with the HOME-ARP Notice.
18 City of Torrance
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5. Transfers
The City of Torrance may not transfer by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of the Department and a formal amendment to this Agreement to affect such subcontract or novation.
6. Consultants
A. No Contractor shall enter into any Agreement, written or oral, with any subcontractor.
B. Any and all consultant and consulting activities must explicitly abide by the regulations outline in 24 CFR 92.358.
7. Best Practices
A. All HOME-ARP funded activities shall operate in a manner consistent with HOME-ARP requirements and perform all services in a competent, professional, and first-class manner and to the satisfaction of the Department.
B. The City of Torrance shall take actions to create an effective, welcoming, and affirming environment for all program participants and employees, including, but not limited to, persons of different races, ethnicities, sexual orientations, gender identities, and gender expressions.
C. The City of Torrance will establish and implement to the maximum extent practicable and where appropriate, protocols, policies, and procedures for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons.
D. The City of Torrance will develop and implement procedures to ensure the confidentiality and protection of all records containing personally identifying information of any individual or family who applies for and/or receives assistance.
Furthermore, the records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the HOME- ARP program, must be protected against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of the shelter.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
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5. Transfers
The City of Torrance may not transfer by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of the Department and a formal amendment to this Agreement to affect such subcontract or novation.
6. Consultants
A. No Contractor shall enter into any Agreement, written or oral, with any subcontractor.
B. Any and all consultant and consulting activities must explicitly abide by the regulations outline in 24 CFR 92.358.
7. Best Practices
A. All HOME-ARP funded activities shall operate in a manner consistent with HOME-ARP requirements and perform all services in a competent, professional, and first-class manner and to the satisfaction of the Department.
B. The City of Torrance shall take actions to create an effective, welcoming, and affirming environment for all program participants and employees, including, but not limited to, persons of different races, ethnicities, sexual orientations, gender identities, and gender expressions.
C. The City of Torrance will establish and implement to the maximum extent practicable and where appropriate, protocols, policies, and procedures for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons.
D. The City of Torrance will develop and implement procedures to ensure the confidentiality and protection of all records containing personally identifying information of any individual or family who applies for and/or receives assistance.
Furthermore, the records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the HOME- ARP program, must be protected against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of the shelter.
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E. If HOME-ARP funds are used for essential services related to street outreach or emergency shelter, the City of Torrance will ensure the Outreach Coordinators will provide services to the HOME-ARP Qualified Population for the period during which the HOME-ARP financial assistance is provided, without regard to a particular site or structure, so long as the City of Torrance serves the same type of persons (e.g., families with children, unaccompanied youth, veterans, disabled individuals or victims of domestic violence) or persons in the same geographic area.
F The City of Torrance will ensure the outreach coordinators will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living) and other federal, state, local, and private assistance available for such individuals.
G. If required, the City of Torrance shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 et seq., as amended and implementing regulations, and HUD Handbook 1378. The City of Torrance shall indemnify, defend, and hold the Department harmless from and against any claims, liabilities, damages, or losses made against it by tenants or occupants of the Site, including without limitation claims for relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission of Subrecipient pursuant to the provision of relocation assistance.
H. To the maximum extent practicable the City of Torrance will involve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing, renovating, maintaining, and operating facilities assisted under HOME-ARP and in providing services for occupants of facilities assisted by HOME-ARP.
8. Housing Standards
If Rapid Re-Housing or Homeless Prevention assistance is provided, the assisted housing must meet the minimum habitability standards at 24 CFR 576.403 (c).
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E. If HOME-ARP funds are used for essential services related to street outreach or emergency shelter, the City of Torrance will ensure the Outreach Coordinators will provide services to the HOME-ARP Qualified Population for the period during which the HOME-ARP financial assistance is provided, without regard to a particular site or structure, so long as the City of Torrance serves the same type of persons (e.g., families with children, unaccompanied youth, veterans, disabled individuals or victims of domestic violence) or persons in the same geographic area.
F. The City of Torrance will ensure the outreach coordinators will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living) and other federal, state, local, and private assistance available for such individuals.
G. If required, the City of Torrance shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 et seq., as amended and implementing regulations, and HUD Handbook 1378. The City of Torrance shall indemnify, defend, and hold the Department harmless from and against any claims, liabilities, damages, or losses made against it by tenants or occupants of the Site, including without limitation claims for relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission of Subrecipient pursuant to the provision of relocation assistance.
H. To the maximum extent practicable the City of Torrance will involve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing, renovating, maintaining, and operating facilities assisted under HOME-ARP and in providing services for occupants of facilities assisted by HOME-ARP.
8. Housing Standards
If Rapid Re-Housing or Homeless Prevention assistance is provided, the assisted housing must meet the minimum habitability standards at 24 CFR 576.403 (c). 20 City of Torrance
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9. Monitoring Grant Activities
A. The City of Torrance shall continuously monitor the activities and funds awarded to them to ensure compliance with all HOME-ARP requirements.
B. The Department will monitor the performance of the City of Torrance based on a risk assessment and according to the terms of this Agreement. The Department may also monitor the Outreach Coordinator(s) as the Department deems appropriate based on a risk assessment.
C. The Department will monitor the performance of the City of Torrance and funded programs based on the performance measures used by HOME-ARP. In the event that HOME-ARP program performance consistently remains low, The City of Torrance and the Department will work collaboratively with the City of Torrance to develop performance improvement plans which will be incorporated into this Standard Agreement.
D. If it is determined that the City of Torrance or their outreach coordinators falsified any certification, application information, financial, or contract report, the City of Torrance shall be required to immediately reimburse the full amount of the HOME-ARP award to the Department and may be prohibited from any further participation in the HOME-ARP program. The Department may also impose any other actions permitted under 24 CFR 92.552.
E. As requested by the Department, the City of Torrance shall submit to the Department all HOME-ARP monitoring documentation necessary to ensure that the City of Torrance is in continued compliance with all HOME-ARP program requirements. Such documentation requirements and the submission deadline(s) shall be provided by the Department when the information is requested from the City of Torrance.
F. The City of Torrance and their outreach coordinators shall cooperate with the Department and shall make available to the Department all information, documents, and records reasonably requested. Copies of these items will also be made available to the Department upon their request. The City of Torrance shall provide the Department the reasonable right of access to its facilities during normal business hours for the purpose of assuring compliance with this Agreement and evaluating the city's performance.
Program Name: HOME-ARP
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9. Monitoring Grant Activities
A. The City of Torrance shall continuously monitor the activities and funds awarded to them to ensure compliance with all HOME-ARP requirements.
B. The Department will monitor the performance of the City of Torrance based on a risk assessment and according to the terms of this Agreement. The Department may also monitor the Outreach Coordinator(s) as the Department deems appropriate based on a risk assessment.
C. The Department will monitor the performance of the City of Torrance and funded programs based on the performance measures used by HOME-ARP. In the event that HOME-ARP program performance consistently remains low, The City of Torrance and the Department will work collaboratively with the City of Torrance to develop performance improvement plans which will be incorporated into this Standard Agreement.
D. If it is determined that the City of Torrance or their outreach coordinators falsified any certification, application information, financial, or contract report, the City of Torrance shall be required to immediately reimburse the full amount of the HOME-ARP award to the Department and may be prohibited from any further participation in the HOME-ARP program. The Department may also impose any other actions permitted under 24 CFR 92.552.
E. As requested by the Department, the City of Torrance shall submit to the Department all HOME-ARP monitoring documentation necessary to ensure that the City of Torrance is in continued compliance with all HOME-ARP program requirements. Such documentation requirements and the submission deadline(s) shall be provided by the Department when the information is requested from the City of Torrance.
F. The City of Torrance and their outreach coordinators shall cooperate with the Department and shall make available to the Department all information, documents, and records reasonably requested. Copies of these items will also be made available to the Department upon their request. The City of Torrance shall provide the Department the reasonable right of access to its facilities during normal business hours for the purpose of assuring compliance with this Agreement and evaluating the city’s performance.
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10. Compliance with Federal and State Laws and Regulations A. The City of Torrance and their outreach coordinators shall comply with the policies, guidelines, and requirements under 2 CFR, Part 200 and CPD-21-10, as applicable, as they relate to the cost principles, audit requirements, acceptance, and use of federal funds under this 2 CFR, Part 200 and CPD-21-10.
B. The City of Torrance agree to comply with all federal and state laws and regulations applicable to the HOME-ARP Program and to the grant activity(ies), and with any other federal provisions as set forth in this Agreement. The City of Torrance agree to comply with all federal and State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all others matters applicable to the City of Torrance and the Work. This includes, but is not limited to, complying with all relevant sections of 2 CFR Part 200.
C. The City of Torrance shall indemnify, protect, defend, and hold harmless the Department from and against any and all loss, liability, damage, claim, cost, and/or expense (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) that result or arises in any way from the noncompliance by the City of Torrance of any applicable local, state, and/or federal law or requirement.
11. Procurement of Goods and Services
Prior to the drawdown of HOME-ARP funds for the City of Torrance 's purchase of goods or services, The City of Torrance shall comply with the Procurement Standards contained in 2 CFR 200, subpart D. The City of Torrance when procuring goods with HOME-ARP funds, must provide the Department with evidence of compliance with these requirements, as applicable.
12. Equal Opportunity Requirements and Responsibilities A. Title VI of the Civil Rights Act of 1964, as amended, including 24 CFR Part 1: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving federal financial assistance.
B. Title VII of the Civil Rights Act of 1968 (The Fair Housing Act): This act Program Name: HOME-ARP
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Program Name: HOME-ARP
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10. Compliance with Federal and State Laws and Regulations A. The City of Torrance and their outreach coordinators shall comply with the policies, guidelines, and requirements under 2 CFR, Part 200 and CPD-21-10, as applicable, as they relate to the cost principles, audit requirements, acceptance, and use of federal funds under this 2 CFR, Part 200 and CPD-21-10.
B. The City of Torrance agree to comply with all federal and state laws and regulations applicable to the HOME-ARP Program and to the grant activity(ies), and with any other federal provisions as set forth in this Agreement. The City of Torrance agree to comply with all federal and State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all others matters applicable to the City of Torrance and the Work. This includes, but is not limited to, complying with all relevant sections of 2 CFR Part 200.
C. The City of Torrance shall indemnify, protect, defend, and hold harmless the Department from and against any and all loss, liability, damage, claim, cost, and/or expense (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) that result or arises in any way from the noncompliance by the City of Torrance of any applicable local, state, and/or federal law or requirement.
11. Procurement of Goods and Services
Prior to the drawdown of HOME-ARP funds for the City of Torrance ’s purchase of goods or services, The City of Torrance shall comply with the Procurement Standards contained in 2 CFR 200, subpart D. The City of Torrance when procuring goods with HOME-ARP funds, must provide the Department with evidence of compliance with these requirements, as applicable.
12. Equal Opportunity Requirements and Responsibilities A. Title VI of the Civil Rights Act of 1964, as amended, including 24 CFR Part 1: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving federal financial assistance.
B. Title VII of the Civil Rights Act of 1968 (The Fair Housing Act): This act 22 City of Torrance
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prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin. This law also requires actions which affirmatively promote fair housing
C. Civil Rights Restoration Act of 1987: This act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability or age in a program or activity which does not directly benefit from such assistance.
D. Section 109 of Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. 53091: This section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act.
E. The Fair Housing Amendment Act of 1988: This act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand the Justice Department jurisdiction to bring suit on behalf of victims in federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older.
F. Affirmatively Furthering Fair Housing (AFFH): The Fair Housing Act in 1968 prohibits discrimination in the sale, rental, and financing of housing based on race, religion, and national origin. Over time the law expanded its protections to include discrimination based on sex, disability, and familial status. The law also introduced the need to go beyond just prohibiting discrimination to instead creating real housing choice by affirmatively furthering fair housing. In 2018 California adopted AB 686 which expands upon the fair housing requirements and protections outlined in the Fair Employment and Housing Act (FEHA). The duty to affirmatively further fair housing extends to all of a program participant's activities and programs relating to housing and urban development. AB 686 creates new requirements that apply to all housing elements due for revision on or after January 1, 2021. Affirmatively Furthering Fair Housing requires taking meaningful actions to combat discrimination, overcome patterns of segregation, and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Jurisdictions must take meaningful actions that when taken together, address significant disparities in Program Name: HOME-ARP
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Prep. Date:
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
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prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin. This law also requires actions which affirmatively promote fair housing.
C. Civil Rights Restoration Act of 1987: This act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability or age in a program or activity which does not directly benefit from such assistance.
D. Section 109 of Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. 5309]: This section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act.
E. The Fair Housing Amendment Act of 1988: This act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand the Justice Department jurisdiction to bring suit on behalf of victims in federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older.
F. Affirmatively Furthering Fair Housing (AFFH): The Fair Housing Act in 1968 prohibits discrimination in the sale, rental, and financing of housing based on race, religion, and national origin. Over time the law expanded its protections to include discrimination based on sex, disability, and familial status. The law also introduced the need to go beyond just prohibiting discrimination to instead creating real housing choice by affirmatively furthering fair housing. In 2018 California adopted AB 686 which expands upon the fair housing requirements and protections outlined in the Fair Employment and Housing Act (FEHA). The duty to affirmatively further fair housing extends to all of a program participant’s activities and programs relating to housing and urban development. AB 686 creates new requirements that apply to all housing elements due for revision on or after January 1, 2021. Affirmatively Furthering Fair Housing requires taking meaningful actions to combat discrimination, overcome patterns of segregation, and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Jurisdictions must take meaningful actions that when taken together, address significant disparities in 23 City of Torrance
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housing needs and access to opportunity. Such actions may include, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially or ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. (24 CFR parts 91, 92, 570, 574, 576, and 903)(24 CFR 5.151-24 CFR 5.152) (CPD-21-10)
For this contract, AFFH requires collecting demographic data for the homeless population and analyzing it to develop more equitable ways to serve the homeless population.
G. The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the housing facilities must have one person who is 55 years of age or older living in at least 80 percent of its occupied units. The act also retained the requirement that housing facilities publish and follow policies and procedures that demonstrate intent to be housing for persons 55 or older.
H. The Age Discrimination Act of 1975, as amended, including 24 CFR Part 146: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving federal funding assistance. Effective January 1987, the age cap of 70 was deleted from the laws. Federal law preempts any State law currently in effect on the same topic.
I. Section 504 of the Rehabilitation Act of 1973, as amended: It is unlawful to discriminate based on disability or handicap in federally assisted programs. This Section provides that no otherwise qualified individual shall, solely by reason of their disability or handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funding assistance. Section 504 also contains design and construction accessibility provisions for multifamily dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991. Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities in accordance with the implementing regulations at 24 CFR Part 8.
J. The Americans with Disabilities Act of 1990 (ADA), as amended: This act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against "a qualified individual with a disability" in employment by state and local governments and in places of public accommodations and commercial facilities.
The ADA requires that an individual with a physical or mental impairment who is Program Name: HOME-ARP
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Program Name: HOME-ARP
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housing needs and access to opportunity. Such actions may include, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially or ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. (24 CFR parts 91, 92, 570, 574, 576, and 903)(24 CFR 5.151-24 CFR 5.152) (CPD-21-10)
For this contract, AFFH requires collecting demographic data for the homeless population and analyzing it to develop more equitable ways to serve the homeless population.
G. The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the housing facilities must have one person who is 55 years of age or older living in at least 80 percent of its occupied units. The act also retained the requirement that housing facilities publish and follow policies and procedures that demonstrate intent to be housing for persons 55 or older.
H. The Age Discrimination Act of 1975, as amended, including 24 CFR Part 146: This act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving federal funding assistance. Effective January 1987, the age cap of 70 was deleted from the laws. Federal law preempts any State law currently in effect on the same topic.
I. Section 504 of the Rehabilitation Act of 1973, as amended: It is unlawful to discriminate based on disability or handicap in federally assisted programs. This Section provides that no otherwise qualified individual shall, solely by reason of their disability or handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funding assistance. Section 504 also contains design and construction accessibility provisions for multifamily dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991. Subrecipient must ensure that its programs are accessible to and usable by persons with disabilities in accordance with the implementing regulations at 24 CFR Part 8.
J. The Americans with Disabilities Act of 1990 (ADA), as amended: This act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against "a qualified individual with a disability" in employment by state and local governments and in places of public accommodations and commercial facilities.
The ADA requires that an individual with a physical or mental impairment who is 24 City of Torrance
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otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment. The ADA also requires that facilities that are newly constructed or altered, by, on behalf of, or for us of a public entity, be designed and constructed in a manner that makes the facility readily accessible to and usable by persons with disabilities. The Act defines the range of conditions that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities.
K. Executive Order 11063, as amended, including 24 CFR 107: This executive order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. This order and its implementing regulations include requirements that all actions necessary be taken to prevent discrimination because of race, color, religion, sex, or national origin, in the use, occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans, advances, grants or contributions.
L. Executive Order 11259: This executive order provides that the administration of all federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States.
M. The Equal Employment Opportunity Act: This act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in federal court against private sector employers after the EEOC has investigated the charge, found "probable cause" of discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings federal, state, and local governments under the Civil Rights Act of 1964.
N. The Immigration Reform and Control Act (IRCA) of 1986: Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (19).
0. The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, Program Name: HOME-ARP
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Program Name: HOME-ARP
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otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment. The ADA also requires that facilities that are newly constructed or altered, by, on behalf of, or for us of a public entity, be designed and constructed in a manner that makes the facility readily accessible to and usable by persons with disabilities. The Act defines the range of conditions that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities.
K. Executive Order 11063, as amended, including 24 CFR 107: This executive order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. This order and its implementing regulations include requirements that all actions necessary be taken to prevent discrimination because of race, color, religion, sex, or national origin, in the use, occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans, advances, grants or contributions.
L. Executive Order 11259: This executive order provides that the administration of all federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States.
M. The Equal Employment Opportunity Act: This act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in federal court against private sector employers after the EEOC has investigated the charge, found "probable cause" of discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings federal, state, and local governments under the Civil Rights Act of 1964.
N. The Immigration Reform and Control Act (IRCA) of 1986: Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (19).
O. The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, 25 City of Torrance
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transfer, demotion, dismissal and referral. It is designed to assist employers, labor organizations, employment agencies, licensing, and certification boards in complying with the requirements of federal laws prohibiting discriminatory employment.
P The Vietnam Era Veterans' Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002): This act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War.
Affirmative action is required in the hiring and promotion of veterans.
Q. 24 CFR Part 5, Subpart A: The requirements at 24 CFR Part 5 are applicable including the nondiscrimination and equal opportunity requirements at 24 CFR
5.105(a)
13. Affirmative Outreach
A. The City of Torrance must make known that the use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures the City of Torrance intend to use to make known the availability of its facilities, assistance, and services will reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability, who may qualify for those facilities and services.
B. The City of Torrance must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166.
C. Equal Access for Disabilities:
a) The City of Torrance must provide a language access plan that makes appropriate accommodations for LEP interpretive services and services that support the visually impaired as required by Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794 (The City of Torrance receiving federal financial assistance), in conjunction with section 508 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794d (created the U.S. Access Board to regulate websites, electronic information and communication technology (EICT) accessibility); Section 255, of the Communications Act of 1934, as amended; 24 CFR Part 8, including sections 8.3 and 8.4; and 36 CFR Part Program Name: HOME-ARP
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transfer, demotion, dismissal and referral. It is designed to assist employers, labor organizations, employment agencies, licensing, and certification boards in complying with the requirements of federal laws prohibiting discriminatory employment.
P. The Vietnam Era Veterans' Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002): This act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War.
Affirmative action is required in the hiring and promotion of veterans.
Q. 24 CFR Part 5, Subpart A: The requirements at 24 CFR Part 5 are applicable including the nondiscrimination and equal opportunity requirements at 24 CFR
5.105(a)
13. Affirmative Outreach
A. The City of Torrance must make known that the use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures the City of Torrance intend to use to make known the availability of its facilities, assistance, and services will reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability, who may qualify for those facilities and services.
B. The City of Torrance must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166.
C. Equal Access for Disabilities:
a) The City of Torrance must provide a language access plan that makes appropriate accommodations for LEP interpretive services and services that support the visually impaired as required by Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794 (The City of Torrance receiving federal financial assistance), in conjunction with section 508 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794d (created the U.S. Access Board to regulate websites, electronic information and communication technology (EICT) accessibility); Section 255, of the Communications Act of 1934, as amended; 24 CFR Part 8, including sections 8.3 and 8.4; and 36 CFR Part 26 City of Torrance
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1194, 36 CFR §§ 1194.1. 1194.2, and Appendices B and C to Part 1194 (accessibility standards for disabled to communication technology); see U.S. Access Board website;
b) Achieving Compliance: The California State Dept. of Rehabilitation maintains an Assistive Technology website with resources for services to achieve compliance with recognized standards for non-discriminatory accessibility.
14. Labor Standards
Federal Regulations see The Fair Labor Standards Act (FLSA) 29 USC §§ 201-219
15. Compliance with the "Violence Against Women Reauthorization Act of 2022" (VAWA) (S.3623 - 117th Congress (2021-2022) (as amended or reauthorized)) Title VI - Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking — Sec. 601-603. See also 81 FR 80803, Nov. 16, 2016, and HUD's HOME Program VAWA requirements at 24 CFR section 92.359.
VAWA provides housing protections for survivors of domestic and dating violence, sexual assault, and stalking when it comes to finding and keeping a home, they can feel safe in. VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistently with all nondiscrimination and fair housing requirements.
VAWA now expands housing protections to HUD programs beyond HUD's public housing program and HUD's tenant-based and project-based Section 8 programs.
VAWA now provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. During the performance of this Agreement, the Contractor shall ensure that all requirements of VAWA are complied with, including but not limited to:
A. Domestic Violence survivors are not denied assistance as an applicant, or evicted or have assistance terminated as a tenant, because the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, and stalking.
B. It will implement an 'emergency transfer plan' in accordance with 24 CFR section
92.359(g), which allows for domestic violence survivors to move to another safe and available unit if they fear for their life and safety.
C. It will provide "Protections against denials, terminations, and evictions that directly result from being a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy."
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
1194, 36 CFR §§ 1194.1. 1194.2, and Appendices B and C to Part 1194 (accessibility standards for disabled to communication technology); see U.S. Access Board website;
b) Achieving Compliance : The California State Dept. of Rehabilitation maintains an Assistive Technology website with resources for services to achieve compliance with recognized standards for non-discriminatory accessibility.
14. Labor Standards
Federal Regulations see The Fair Labor Standards Act (FLSA) 29 USC §§ 201-219
15. Compliance with the “Violence Against Women Reauthorization Act of 2022” (VAWA) (S.3623 - 117th Congress (2021-2022) (as amended or reauthorized)) Title VI - Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Sec. 601-603. See also 81 FR 80803, Nov. 16, 2016, and HUD’s HOME Program VAWA requirements at 24 CFR section 92.359.
VAWA provides housing protections for survivors of domestic and dating violence, sexual assault, and stalking when it comes to finding and keeping a home, they can feel safe in. VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistently with all nondiscrimination and fair housing requirements.
VAWA now expands housing protections to HUD programs beyond HUD’s public housing program and HUD’s tenant-based and project-based Section 8 programs.
VAWA now provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. During the performance of this Agreement, the Contractor shall ensure that all requirements of VAWA are complied with, including but not limited to:
A. Domestic Violence survivors are not denied assistance as an applicant, or evicted or have assistance terminated as a tenant, because the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, and stalking.
B. It will implement an ‘emergency transfer plan’ in accordance with 24 CFR section
92.359(g), which allows for domestic violence survivors to move to another safe and available unit if they fear for their life and safety.
C. It will provide “Protections against denials, terminations, and evictions that directly result from being a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.”
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D. It will implement a tow-barrier certification process' where a domestic violence survivor need only to self-certify in order to document the domestic violence, dating violence, sexual assault, or stalking, ensuring third party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe.
E. Notification requirements — In accordance with 24 CFR section 92.359(c), the HOME State Recipient must provide the notice and certification form described in 24 CFR section 5.2005(a) to the applicant for HOME tenant-based rental assistance when the applicant's HOME tenant-based rental assistance is approved or denied. The State Recipient must also provide the notice and certification form described in 24 CFR section 5.2005(a) to a tenant receiving HOME tenant-based rental assistance when the State Recipient provides the tenant with notification of termination of the HOME tenant-based rental assistance, and when the State Recipient learns that the tenant's housing owner intends to provide the tenant with notification of eviction.
F Bifurcation of lease requirements — In accordance with 24 CFR section
92.359(d), the following requirements shall apply in place of the requirements at 24 CFR section 5.2009(b): If a family who is receiving HOME tenant-based rental assistance separates under 24 CFR section 5.2009(a), the remaining tenant(s) will retain the HOME tenant-based rental assistance. The HOME State Recipient must determine whether the tenant that was removed from the unit will receive HOME tenant-based rental assistance.
G. VAWA lease term/addendum — In accordance with 24 CFR section 92.359(e), the HOME State Recipient must develop a VAWA lease term/addendum to incorporate all requirements that apply to the owner or lease under 24 CFR Part 5, subpart L, and this section, including the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR sections 5.2005(b) and (c).
This VAWA lease term/addendum must also provide that the tenant may terminate the lease without penalty if the HOME State Recipient determines that the tenant has met the conditions for an emergency transfer under 24 CFR section 5.2005(e). When HOME tenant-based rental assistance is provided, the lease term/addendum must require the owner to notify the State Recipient before the owner bifurcates the lease or provides notification of eviction to the tenant. If HOME tenant-based rental assistance is the only assistance provided (i.e., the unit is not receiving project-based assistance under a covered housing program, as defined in 24 CFR section 5.2003), the VAWA lease term/addendum may be written to expire at the end of the rental assistance period.
H. Period of applicability — In accordance with 24 CFR section 92.359(f), for HOME tenant-based rental assistance, the requirements of this section shall apply to the Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
D. It will implement a ‘Low-barrier certification process’ where a domestic violence survivor need only to self-certify in order to document the domestic violence, dating violence, sexual assault, or stalking, ensuring third party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe.
E. Notification requirements – In accordance with 24 CFR section 92.359(c), the HOME State Recipient must provide the notice and certification form described in 24 CFR section 5.2005(a) to the applicant for HOME tenant-based rental assistance when the applicant's HOME tenant-based rental assistance is approved or denied. The State Recipient must also provide the notice and certification form described in 24 CFR section 5.2005(a) to a tenant receiving HOME tenant-based rental assistance when the State Recipient provides the tenant with notification of termination of the HOME tenant-based rental assistance, and when the State Recipient learns that the tenant's housing owner intends to provide the tenant with notification of eviction.
F. Bifurcation of lease requirements – In accordance with 24 CFR section
92.359(d), the following requirements shall apply in place of the requirements at 24 CFR section 5.2009(b): If a family who is receiving HOME tenant-based rental assistance separates under 24 CFR section 5.2009(a), the remaining tenant(s) will retain the HOME tenant-based rental assistance. The HOME State Recipient must determine whether the tenant that was removed from the unit will receive HOME tenant-based rental assistance.
G. VAWA lease term/addendum – In accordance with 24 CFR section 92.359(e), the HOME State Recipient must develop a VAWA lease term/addendum to incorporate all requirements that apply to the owner or lease under 24 CFR Part 5, subpart L, and this section, including the prohibited bases for eviction and restrictions on construing lease terms under 24 CFR sections 5.2005(b) and (c).
This VAWA lease term/addendum must also provide that the tenant may terminate the lease without penalty if the HOME State Recipient determines that the tenant has met the conditions for an emergency transfer under 24 CFR section 5.2005(e). When HOME tenant-based rental assistance is provided, the lease term/addendum must require the owner to notify the State Recipient before the owner bifurcates the lease or provides notification of eviction to the tenant. If HOME tenant-based rental assistance is the only assistance provided (i.e., the unit is not receiving project-based assistance under a covered housing program, as defined in 24 CFR section 5.2003), the VAWA lease term/addendum may be written to expire at the end of the rental assistance period.
H. Period of applicability – In accordance with 24 CFR section 92.359(f), for HOME tenant-based rental assistance, the requirements of this section shall apply to the 28 City of Torrance
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owner of the tenant's housing for the period for which the rental assistance is provided.
16. Reporting and Recordkeepinq
A. The City of Torrance shall keep and maintain records providing a full description of the activities undertaken. These include but are not limited to the following:
1) Records demonstrating that the activities meet the objective for which the HOME-ARP Grant is being provided;
2) Records demonstrating the eligibility of the activities constituting the eligible program expenses;
3) Records demonstrating compliance with this Agreement and the HOME- ARP Requirements;
4) Data demonstrating client eligibility for services provided including the name, income level, family size of each client, and other information for determining eligibility.
B. A record of the services provided to each client, and such other records as may be reasonably required by the Department to allow the Department to evaluate the City of Torrance 's operation of the program and compliance with the HOME- ARP Program and this Agreement.
C. Records that allow the Department to comply with the Department's record keeping and reporting under the HOME-ARP Requirements. The City of Torrance shall provide records that identify and account for the use of the HOME-ARP Grant proceeds and expenditures of all eligible program costs pertaining to this Agreement. Including without limitation, the records specified in 24 CFR 576.500 and CPD-21-10, as they pertain to the activities under this Agreement.
D. Books and records pertaining to the eligible program expenses shall be kept and prepared in accordance with generally accepted accounting principles or as otherwise required by HCD.
E. By July 31 of each year, The City of Torrance shall submit an Annual Performance Report to the Department. The Department will provide a template for the report 60 days prior to the due date.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
owner of the tenant's housing for the period for which the rental assistance is provided.
16. Reporting and Recordkeeping
A. The City of Torrance shall keep and maintain records providing a full description of the activities undertaken. These include but are not limited to the following:
1) Records demonstrating that the activities meet the objective for which the HOME-ARP Grant is being provided;
2) Records demonstrating the eligibility of the activities constituting the eligible program expenses;
3) Records demonstrating compliance with this Agreement and the HOME- ARP Requirements;
4) Data demonstrating client eligibility for services provided including the name, income level, family size of each client, and other information for determining eligibility.
B. A record of the services provided to each client, and such other records as may be reasonably required by the Department to allow the Department to evaluate the City of Torrance ’s operation of the program and compliance with the HOME- ARP Program and this Agreement.
C. Records that allow the Department to comply with the Department’s record keeping and reporting under the HOME-ARP Requirements. The City of Torrance shall provide records that identify and account for the use of the HOME-ARP Grant proceeds and expenditures of all eligible program costs pertaining to this Agreement. Including without limitation, the records specified in 24 CFR 576.500 and CPD-21-10, as they pertain to the activities under this Agreement.
D. Books and records pertaining to the eligible program expenses shall be kept and prepared in accordance with generally accepted accounting principles or as otherwise required by HCD.
E. By July 31 of each year, The City of Torrance shall submit an Annual Performance Report to the Department. The Department will provide a template for the report 60 days prior to the due date.
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F. Compliance reports shall be submitted as specified by the Department. Close- out-of-grant progress reports shall be submitted within sixty (60) days after the end of the reporting period.
G. The City of Torrance shall manage and maintain all client data information using a Homeless Management Information System (HMIS) or comparable data system.
H. The City of Torrance shall maintain all fiscal and program records pertaining to the HOME-ARP Grant for a period of five (5) years after the Department closes its HUD grant or any other period specified in 24 CFR.
1) NOTE: Record retention is based on the Department's HUD closing date:
NOT five (5) years from this Agreement expiration. The retention requirement can extend beyond five (5) years after this Agreement expires. Therefore, the City of Torrance must contact the Department for the specific record retention date for this Agreement.
I. The City of Torrance shall submit required reports on forms approved by the Department.
17. Audit/Retention and Inspection of Records
A. The City of Torrance agree to maintain accounting books and records in accordance with Generally Accepted Accounting Principles, per 2 CFR 200.49.
The City of Torrance agree that the Department, the Department of General Services, the Bureau of State Audits, the Department of Housing and Urban Development, or their designated representatives, shall have the right to review and copy any records and supporting documentation pertaining to the performance of this Agreement. The City of Torrance agree to maintain such records for possible audit for five (5) years after the Department closes its HOME-ARP HUD grant or any other period specified in CPD-21-10 Section VIII.F.
NOTE: Record retention is based on the Department's HUD closing date: NOT five (5) years from this Agreement expiration. The retention requirement can extend beyond five (5) years after this Agreement expires. Therefore, the City of Torrance must contact the Department for the specific record retention date for this Agreement.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
F. Compliance reports shall be submitted as specified by the Department. Close- out-of-grant progress reports shall be submitted within sixty (60) days after the end of the reporting period.
G. The City of Torrance shall manage and maintain all client data information using a Homeless Management Information System (HMIS) or comparable data system.
H. The City of Torrance shall maintain all fiscal and program records pertaining to the HOME-ARP Grant for a period of five (5) years after the Department closes its HUD grant or any other period specified in 24 CFR.
1) NOTE: Record retention is based on the Department’s HUD closing date; NOT five (5) years from this Agreement expiration. The retention requirement can extend beyond five (5) years after this Agreement expires. Therefore, the City of Torrance must contact the Department for the specific record retention date for this Agreement.
I. The City of Torrance shall submit required reports on forms approved by the Department.
17. Audit/Retention and Inspection of Records
A. The City of Torrance agree to maintain accounting books and records in accordance with Generally Accepted Accounting Principles, per 2 CFR 200.49.
The City of Torrance agree that the Department, the Department of General Services, the Bureau of State Audits, the Department of Housing and Urban Development, or their designated representatives, shall have the right to review and copy any records and supporting documentation pertaining to the performance of this Agreement. The City of Torrance agree to maintain such records for possible audit for five (5) years after the Department closes its HOME-ARP HUD grant or any other period specified in CPD-21-10 Section VIII.F.
NOTE: Record retention is based on the Department’s HUD closing date; NOT five (5) years from this Agreement expiration. The retention requirement can extend beyond five (5) years after this Agreement expires. Therefore, the City of Torrance must contact the Department for the specific record retention date for this Agreement.
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B. The City of Torrance agree to allow the auditor(s) access to such records during normal business hours and to allow interviews of employees who might reasonably have information related to such records. Furthermore, The City of Torrance agree to include a similar right of the Department to audit records and interview staff in any subcontract related to performance of this Agreement.
C. The City of Torrance shall comply with the audit requirements contained in 2 CFR Part 200.
18. Faith-Based Activities
The City of Torrance shall not require the Program Participants to participate in any religious or philosophical ritual, service, meeting, or rite.
19. Interest of Members, Officers, or Employees of The City of Torrance, Members of Local Governing Body
Pursuant to CPD-21-10 Appendix Section III.H.4, in addition to the conflict-of-interest requirements in 2 CFR 200, no person:
A. Who is an employee, agent, consultant, officer or elected as appointed official of the City of Torrance (or of any designated public agency); and, B. Who exercises or has exercised any functions or responsibilities with respect to assisted activities; or,
C. 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 thereunder, either for themselves or for those with whom they have family or business ties, during their tenure or for 1 year thereafter. HUD may grant an exception to this exclusion as provided in CPD-21-10 Appendix Section III.H.4
D. The City of Torrance shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the selection, award, and/or administration of contracts supported by Federal funds to ensure no conflict of interest, real or apparent, would be involved.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
B. The City of Torrance agree to allow the auditor(s) access to such records during normal business hours and to allow interviews of employees who might reasonably have information related to such records. Furthermore, The City of Torrance agree to include a similar right of the Department to audit records and interview staff in any subcontract related to performance of this Agreement.
C. The City of Torrance shall comply with the audit requirements contained in 2 CFR Part 200.
18. Faith-Based Activities
The City of Torrance shall not require the Program Participants to participate in any religious or philosophical ritual, service, meeting, or rite.
19. Interest of Members, Officers, or Employees of The City of Torrance, Members of Local Governing Body
Pursuant to CPD-21-10 Appendix Section III.H.4, in addition to the conflict-of-interest requirements in 2 CFR 200, no person:
A. Who is an employee, agent, consultant, officer or elected as appointed official of the City of Torrance (or of any designated public agency); and, B. Who exercises or has exercised any functions or responsibilities with respect to assisted activities; or,
C. 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 thereunder, either for themselves or for those with whom they have family or business ties, during their tenure or for 1 year thereafter. HUD may grant an exception to this exclusion as provided in CPD-21-10 Appendix Section III.H.4
D. The City of Torrance shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the selection, award, and/or administration of contracts supported by Federal funds to ensure no conflict of interest, real or apparent, would be involved. 31 City of Torrance
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20. Anti-Lobbying Certification
A. The City of Torrance shall require that the language of this certification be included in all contracts and 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.
B. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and no more than $100,000.00 for such failure.
1) No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2) 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, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
21. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. Failure of the Department to enforce the provisions of this Agreement or required performance by the City of Torrance of these provisions, at any time, shall in no way be construed to be a waiver of such provisions, nor affect the validity of this Agreement, or the right of the Department, to enforce these provisions.
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
20. Anti-Lobbying Certification
A. The City of Torrance shall require that the language of this certification be included in all contracts and 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.
B. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and no more than $100,000.00 for such failure.
1) No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2) 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, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
21. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. Failure of the Department to enforce the provisions of this Agreement or required performance by the City of Torrance of these provisions, at any time, shall in no way be construed to be a waiver of such provisions, nor affect the validity of this Agreement, or the right of the Department, to enforce these provisions. 32 City of Torrance
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22. Litigation
A. If any provision of this Agreement, or any underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B. The City of Torrance shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement of the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department
23. Sanctions
The Department may impose sanctions, as well as any other remedies available to it under law, on the City of Torrance, for failure to abide by any State and Federal laws and regulations applicable to the HOME-ARP Program. Such sanctions include:
A. Conditioning a future grant on compliance with specific laws of regulations; B. Directing the City of Torrance to stop incurring costs under the current grant; C. Requiring that some or the entire grant amount is remitted to the Department; D. Reducing or disencumbering some or all of the amount of grant funds City of Torrance would otherwise be entitled to receive;
E. Electing not to award future grant funds to the City of Torrance unless and until appropriate actions are taken by the City of Torrance to ensure compliance; and/or,
F. Taking any other actions permitted pursuant to 24 CFR 576.501.
24. Drug-Free Workplace Requirements
The City of Torrance shall comply with and be subject to the requirements of the federal drug-free workplace requirements, which include the following actions be taken:
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
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Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
22. Litigation
A. If any provision of this Agreement, or any underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B. The City of Torrance shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement of the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department
23. Sanctions
The Department may impose sanctions, as well as any other remedies available to it under law, on the City of Torrance, for failure to abide by any State and Federal laws and regulations applicable to the HOME-ARP Program. Such sanctions include:
A. Conditioning a future grant on compliance with specific laws of regulations; B. Directing the City of Torrance to stop incurring costs under the current grant; C. Requiring that some or the entire grant amount is remitted to the Department; D. Reducing or disencumbering some or all of the amount of grant funds City of Torrance would otherwise be entitled to receive;
E. Electing not to award future grant funds to the City of Torrance unless and until appropriate actions are taken by the City of Torrance to ensure compliance; and/or,
F. Taking any other actions permitted pursuant to 24 CFR 576.501.
24. Drug-Free Workplace Requirements
The City of Torrance shall comply with and be subject to the requirements of the federal drug-free workplace requirements, which include the following actions be taken:
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A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition.
B. Establishing an ongoing drug-free awareness program to inform employees about: (i) the dangers of drug abuse in the workplace; (ii) The City of Torrance 's policy of maintaining a drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
C. The City of Torrance shall maintain a drug free environment on the Site. The City of Torrance 's pledge to the Department that all persons working or residing on the Site shall not unlawfully manufacture, distribute, dispense, possess, or use controlled substances, as said term is defined in 21 USC Section 812 and California Health and Safety Code Section 11007 (or successor statutes), including marijuana, heroin, cocaine, and amphetamines on the Site. If the City of Torrance or any person working or residing on the Site is convicted or pleads guilty or nolo contendere to a charge of unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances on the Site, then such event shall constitute a default of this Agreement.
25. Area-wide System Coordination Requirements
The City of Torrance agree to participate in the Homeless Management Information System ("HMIS"), or comparable database, The City of Torrance must ensure that data on all persons served, and all activities assisted under the HOME-ARP grant are entered into the applicable community wide HMIS in the area in which those persons and activities are located, or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. The City of Torrance shall coordinate and integrate, to the maximum extent practicable, HOME- ARP funded activities with mainstream housing, health, social services, employment education, and youth programs targeted to homeless people in the area covered by the Continuum of Care ("CoC") or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for the area as set forth at 24 CFR 576.400(b) and (c). Furthermore, the City of Torrance understands they are required by federal law to provide for the participation of at least one homeless or formerly homeless person(s) in a policy-making function within the organization as required in 24 CFR 576.405. This might include, for example, involvement of a homeless or formerly homeless person on the Board of Directors or similar entity that Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.
B. Establishing an ongoing drug-free awareness program to inform employees about: (i) the dangers of drug abuse in the workplace; (ii) The City of Torrance ’s policy of maintaining a drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
C. The City of Torrance shall maintain a drug free environment on the Site. The City of Torrance ’s pledge to the Department that all persons working or residing on the Site shall not unlawfully manufacture, distribute, dispense, possess, or use controlled substances, as said term is defined in 21 USC Section 812 and California Health and Safety Code Section 11007 (or successor statutes), including marijuana, heroin, cocaine, and amphetamines on the Site. If the City of Torrance or any person working or residing on the Site is convicted or pleads guilty or nolo contendere to a charge of unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances on the Site, then such event shall constitute a default of this Agreement.
25. Area-wide System Coordination Requirements
The City of Torrance agree to participate in the Homeless Management Information System (“HMIS”), or comparable database, The City of Torrance must ensure that data on all persons served, and all activities assisted under the HOME-ARP grant are entered into the applicable community wide HMIS in the area in which those persons and activities are located, or a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS. The City of Torrance shall coordinate and integrate, to the maximum extent practicable, HOME- ARP funded activities with mainstream housing, health, social services, employment education, and youth programs targeted to homeless people in the area covered by the Continuum of Care (“CoC”) or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for the area as set forth at 24 CFR 576.400(b) and (c). Furthermore, the City of Torrance understands they are required by federal law to provide for the participation of at least one homeless or formerly homeless person(s) in a policy-making function within the organization as required in 24 CFR 576.405. This might include, for example, involvement of a homeless or formerly homeless person on the Board of Directors or similar entity that 34 City of Torrance
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considers and sets policy or makes decisions for the City of Torrance. The City of Torrance also agrees that to the maximum extent practicable, they will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this Agreement as listed in 24 CFR 576.405 in accordance with 42 USC 11375(d) and 42 USC 11375(c)(7).
26. Evaluation of Program Participant Eligibility and Needs The City of Torrance shall conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for HOME-ARP assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.
27. False, Fictitious, or Fraudulent Claims:
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 USC 287, 1001 and 31 USC 3729.
A. Detecting, Preventing, and Reporting FRAUD
1) Fraud is a white-collar crime that has a devastating effect on the HOME ARP program because the HOME ARP program beneficiaries are victims of this crime when the HOME-ARP program is abused.
2) HCD wants to stop any criminal assault on the HOME- ARP program it administers, and in doing so all HOME-ARP funds go to people it was designed to help and improve their living conditions.
B. Combatting Fraud
1) The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (01G) is committed to protecting HUD's programs, operations, and beneficiaries from dishonest individuals and organizations.
2) HUD cannot combat fraud alone.
3) HUD relies on HCD, The City of Torrance, to combat HOME-ARP program fraud. HUD also relies on applicants for, and people receiving, HUD Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
considers and sets policy or makes decisions for the City of Torrance. The City of Torrance also agrees that to the maximum extent practicable, they will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this Agreement as listed in 24 CFR 576.405 in accordance with 42 USC 11375(d) and 42 USC 11375(c)(7).
26. Evaluation of Program Participant Eligibility and Needs The City of Torrance shall conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for HOME-ARP assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.
27. False, Fictitious, or Fraudulent Claims:
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 USC 287, 1001 and 31 USC 3729.
A. Detecting, Preventing, and Reporting FRAUD
1) Fraud is a white-collar crime that has a devastating effect on the HOME ARP program because the HOME ARP program beneficiaries are victims of this crime when the HOME-ARP program is abused.
2) HCD wants to stop any criminal assault on the HOME- ARP program it administers, and in doing so all HOME-ARP funds go to people it was designed to help and improve their living conditions.
B. Combatting Fraud
1) The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.
2) HUD cannot combat fraud alone.
3) HUD relies on HCD, The City of Torrance, to combat HOME-ARP program fraud. HUD also relies on applicants for, and people receiving, HUD 35 City of Torrance
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benefits, such as tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD grants.
4) The HUD OIG Hotline number is 1-800-347-3735, this is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the HOME-ARP program to the Office of Inspector General.
5) HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the HOME-ARP program from HUD employees, anyone administering the HOME-ARP program, anyone working in the HOME-ARP program, The City of Torrance and the public.
6) You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
7) Fraud, Waste and Abuse in the HOME-ARP program and its operation may be reported in one of the following four (4) ways:
E-mail to: [email protected]
By Phone: Call toll free: 1-800-347-3735
By Fax: 202-708-4829
By Mail: Department of Housing & Urban Development.
HUD OIG, Office of Investigation, Room 1200
Field Office
One Sansome Street
San Francisco, CA 94104
(213) 534-2518
HUD OIG, Office of Investigation
Suite 4070
Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
benefits, such as tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD grants.
4) The HUD OIG Hotline number is 1-800-347-3735, this is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the HOME-ARP program to the Office of Inspector General.
5) HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the HOME-ARP program from HUD employees, anyone administering the HOME-ARP program, anyone working in the HOME-ARP program, The City of Torrance and the public.
6) You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
7) Fraud, Waste and Abuse in the HOME-ARP program and its operation may be reported in one of the following four (4) ways:
E-mail to: [email protected]
By Phone: Call toll free: 1-800-347-3735
By Fax: 202-708-4829
By Mail: Department of Housing & Urban Development.
HUD OIG, Office of Investigation, Room 1200
Field Office
One Sansome Street
San Francisco, CA 94104
(213) 534-2518
HUD OIG, Office of Investigation
Suite 4070
Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518
36 City of Torrance
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EXHIBIT D
28. Whistleblower Protection Act
A. Federal Whistleblower Protection Act (5 U.S.0 Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1) A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a) a violation of any law, rule, or regulation,
b) gross mismanagement,
c) a gross waste of funds,
d) an abuse of authority, or
e) a substantial and specific danger to public health or safety. 2) In general, an employee or applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a) Informing a supervisor or someone higher up in management, b) Submitting a complaint to the OIG by emailing the OIG at [email protected],
c) Filing a complaint with the Office of Special Counsel (OSC)http://www.osc.gov/
B. The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article 3.5, Gov. Code §§ 8548-8548.5)
The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:
1) Violates any state or federal law or regulation,
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
28. Whistleblower Protection Act
A. Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1) A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a) a violation of any law, rule, or regulation,
b) gross mismanagement,
c) a gross waste of funds,
d) an abuse of authority, or
e) a substantial and specific danger to public health or safety. 2) In general, an employee or applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a) Informing a supervisor or someone higher up in management, b) Submitting a complaint to the OIG by emailing the OIG at [email protected],
c) Filing a complaint with the Office of Special Counsel (OSC)http://www.osc.gov/
B. The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article 3.5, Gov. Code §§ 8548-8548.5)
The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:
1) Violates any state or federal law or regulation,
37 City of Torrance
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2) Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or
3) Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from to an appropriate law enforcement agency conducting a criminal investigation.
C. There are many ways to file a complaint:
1) By Telephone:
You may call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m. If you call when the hotline is not being staffed, or staff is occupied with other calls, you may leave a voicemail message requesting a return call. 2) By Mail or Facsimile:
You may file a complaint in the form of a letter to the State Auditor addressed as follows:
Investigations
California State Auditor
P.O. Box 1019
Sacramento, CA 95812
3) Or you may fax the letter to the State Auditor at (916) 322-2603. 4) As an alternative, you may complete the electronic version of the complaint form (which is available on the State Auditor website at auditor.ca.gov), print it out, and return it by mail or facsimile as stated above.
5) Online - Although the State Auditor does not accept complaints by e-mail, you may file a complaint online at
https://www.auditor.ca.gov/contactus/complaint
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
2) Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or
3) Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from to an appropriate law enforcement agency conducting a criminal investigation.
C. There are many ways to file a complaint:
1) By Telephone:
You may call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m. If you call when the hotline is not being staffed, or staff is occupied with other calls, you may leave a voicemail message requesting a return call. 2) By Mail or Facsimile:
You may file a complaint in the form of a letter to the State Auditor addressed as follows:
Investigations
California State Auditor
P.O. Box 1019
Sacramento, CA 95812
3) Or you may fax the letter to the State Auditor at (916) 322-2603. 4) As an alternative, you may complete the electronic version of the complaint form (which is available on the State Auditor website at auditor.ca.gov), print it out, and return it by mail or facsimile as stated above.
5) Online - Although the State Auditor does not accept complaints by e-mail, you may file a complaint online at
https://www.auditor.ca.gov/contactus/complaint
38 City of Torrance
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D. The State Auditor will not undertake an investigation unless there is a basis for believing that your complaint has sufficient merit to warrant spending resources on an investigation. Your complaint should therefore include:
1) A clear and concise statement of what you are alleging to be improper activity and why you believe it is improper.
2) The name or other information that clearly identifies the person you are alleging has acted improperly and the department where that person works.
3) The names and contact information for any witnesses who can confirm the truth of what you are saying.
4) Copies of any documents that will support what you are saying. (You should not submit original documents, as they cannot be returned.) Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT D
Program Name: HOME-ARP
NOFA Dates: 10/30/2023
Approve Date:
Prep. Date:
D. The State Auditor will not undertake an investigation unless there is a basis for believing that your complaint has sufficient merit to warrant spending resources on an investigation. Your complaint should therefore include:
1) A clear and concise statement of what you are alleging to be improper activity and why you believe it is improper.
2) The name or other information that clearly identifies the person you are alleging has acted improperly and the department where that person works.
3) The names and contact information for any witnesses who can confirm the truth of what you are saying.
4) Copies of any documents that will support what you are saying. (You should not submit original documents, as they cannot be returned.) 39 City of Torrance
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EXHIBIT E
SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS
The following are specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to specific information not contained in prior exhibits.
1. Provision Ex. A — E.1 (Scope of Work — as referred to in Exhibit A, Section 3) The Work shall consist of:
City of Torrance Award Amount
HOME-ARP Program $1,464,298.00
Administrative Cost $256,640.00
Total Grant Amount $1,720,938.00
For the purposes of performing the Work, the Department agrees to provide the amount shown in Exhibit E, Section 2 of this Agreement. In no instance shall the Department be liable for any costs for Work more than this amount, nor for any unauthorized or ineligible costs. The City of Torrance agrees to administer this allocation in accordance with the provisions of CPD-21-10.
2. Provision Ex. A — E.2 (Contract Amount — as referred to in Exhibit A) As referenced in Exhibit A, the Agreement amount shall be expended as follows:
HOME ARP program- cost such as McKinney-Vento and Homeless Prevention Services, Outreach Coordinator Salary $1,464,298.00
Administrative Costs- such as payroll costs, Employee education, training and travel, rental or purchase of necessary equipment, telephone/internet services. $256,640.00 Total HOME ARP Awarded Amount- $1,720,938.00
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT E
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS
The following are specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to specific information not contained in prior exhibits.
1. Provision Ex. A – E.1(Scope of Work — as referred to in Exhibit A, Section 3) The Work shall consist of:
City of Torrance Award Amount
HOME-ARP Program $1,464,298.00
Administrative Cost $256,640.00
Total Grant Amount $1,720,938.00
For the purposes of performing the Work, the Department agrees to provide the amount shown in Exhibit E, Section 2 of this Agreement. In no instance shall the Department be liable for any costs for Work more than this amount, nor for any unauthorized or ineligible costs. The City of Torrance agrees to administer this allocation in accordance with the provisions of CPD-21-10.
2. Provision Ex. A – E.2(Contract Amount – as referred to in Exhibit A) As referenced in Exhibit A, the Agreement amount shall be expended as follows:
HOME ARP program- cost such as McKinney-Vento and Homeless Prevention Services, Outreach Coordinator Salary $1,464,298.00
Administrative Costs- such as payroll costs, Employee education, training and travel, rental or purchase of necessary equipment, telephone/internet services. $256,640.00 Total HOME ARP Awarded Amount- $1,720,938.00
40 City of Torrance
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EXHIBIT E
3. Provision Ex. A — E.3 (Terms of Agreement and Deadlines — as referred to in Exhibit A) A. All Program funds shall be expended by: March 31st, 2030 B. All Drawdown Requests shall be submitted by: June 30th, 2030 C. This Agreement shall expire on: August 31st, 2030
D. Any funds in this contract not drawn from the federal treasury by the federal reversion date of September 30th, 2030, shall no longer be available for disbursement.
No payment shall be made for drawdown requests received more than thirty (30) days after the expenditure deadline. Any funds not drawn shall be disencumbered.
4. Scope of Work
The City of Torrance will administer HOME-American Rescue Plan (HOME-ARP) funds to support City-administered supportive services focused primarily on individuals and households experiencing homelessness. Services will emphasize outreach, housing search and access support, and limited, one-time financial assistance directly related to housing placement, with the goal of improving housing stability within the community.
A. Staffing
The City of Torrance will utilize the following personnel to deliver HOME-ARP services:
1) Outreach Coordinators — Responsible for engaging individuals experiencing homelessness, conducting outreach activities, assisting with housing search and navigation, and connecting participants to appropriate services and resources.
2) Administrative Staff — Responsible for program oversight, fiscal management, reporting, and ensuring compliance with HOME-ARP requirements.
B. Supportive Services
HOME-ARP funds will be used to support the following eligible supportive services:
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT E
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
3. Provision Ex. A – E.3(Terms of Agreement and Deadlines – as referred to in Exhibit A) A. All Program funds shall be expended by: March 31 st, 2030 B. All Drawdown Requests shall be submitted by: June 30 th, 2030 C. This Agreement shall expire on: August 31 st, 2030
D. Any funds in this contract not drawn from the federal treasury by the federal reversion date of September 30 th, 2030, shall no longer be available for disbursement.
No payment shall be made for drawdown requests received more than thirty (30) days after the expenditure deadline. Any funds not drawn shall be disencumbered.
4. Scope of Work
The City of Torrance will administer HOME-American Rescue Plan (HOME-ARP) funds to support City-administered supportive services focused primarily on individuals and households experiencing homelessness. Services will emphasize outreach, housing search and access support, and limited, one-time financial assistance directly related to housing placement, with the goal of improving housing stability within the community.
A. Staffing
The City of Torrance will utilize the following personnel to deliver HOME-ARP services:
1) Outreach Coordinators – Responsible for engaging individuals experiencing homelessness, conducting outreach activities, assisting with housing search and navigation, and connecting participants to appropriate services and resources.
2) Administrative Staff – Responsible for program oversight, fiscal management, reporting, and ensuring compliance with HOME-ARP requirements.
B. Supportive Services
HOME-ARP funds will be used to support the following eligible supportive services:
41 City of Torrance
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1) Outreach Services: Engagement and outreach activities for qualified populations experiencing homelessness, including needs assessment, housing search assistance, referrals to mainstream and partner programs, and coordination of services.
2) Landlord-Tenant Liaison Activities: Facilitating communication and coordination between landlords and participants to support housing access and housing stability.
3) Transportation Assistance: Provision of TAP cards or other limited transportation assistance to enable participants to access housing-related appointments, employment opportunities, childcare, or medical services. 4) Limited Financial Assistance: One-time assistance directly related to housing placement, such as rental application fees and security deposits.
The City does not anticipate using HOME-ARP funds for ongoing rental assistance or ongoing utility payments.
C. Data Collection and Reporting
The City will utilize the Homeless Management Information System (HMIS) and other internal tracking systems to document participant engagement, service delivery, and program outcomes. Performance data will include, but not be limited to:
1) Number of outreach attempts and participants enrolled. 2) Number of households assisted with placement into interim or permanent housing.
3) Length of time between participant enrollment and housing placement. 4) Housing retention outcomes and instances of re-enrollment.
D. Performance Outcomes
The program will prioritize housing stability by:
1) Reducing barriers to housing through outreach, coordination, and limited financial assistance.
2) Supporting timely placement of eligible participants into interim or permanent housing.
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT E
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
1) Outreach Services: Engagement and outreach activities for qualified populations experiencing homelessness, including needs assessment, housing search assistance, referrals to mainstream and partner programs, and coordination of services.
2) Landlord-Tenant Liaison Activities: Facilitating communication and coordination between landlords and participants to support housing access and housing stability.
3) Transportation Assistance: Provision of TAP cards or other limited transportation assistance to enable participants to access housing-related appointments, employment opportunities, childcare, or medical services. 4) Limited Financial Assistance: One-time assistance directly related to housing placement, such as rental application fees and security deposits.
The City does not anticipate using HOME-ARP funds for ongoing rental assistance or ongoing utility payments.
C. Data Collection and Reporting
The City will utilize the Homeless Management Information System (HMIS) and other internal tracking systems to document participant engagement, service delivery, and program outcomes. Performance data will include, but not be limited to:
1) Number of outreach attempts and participants enrolled. 2) Number of households assisted with placement into interim or permanent housing.
3) Length of time between participant enrollment and housing placement. 4) Housing retention outcomes and instances of re-enrollment.
D. Performance Outcomes
The program will prioritize housing stability by:
1) Reducing barriers to housing through outreach, coordination, and limited financial assistance.
2) Supporting timely placement of eligible participants into interim or permanent housing.
42 City of Torrance
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EXHIBIT E
3) Maintaining complete and accurate program records to support accountability, monitoring, and continuous program improvement.
E. Partnerships
The City of Torrance will coordinate with regional partners to support service delivery and referrals, including:
1) South Bay Cities Council of Governments (SBCCOG): Coordination related to flexible funding and housing-related programs. 2) Los Angeles Homeless Services Authority (LAHSA): Collaboration on regional outreach and housing efforts.
3) Los Angeles County Department of Mental Health HOME
Team: Referral and coordination support for individuals with significant mental health needs.
F. Reimbursement and Payment Processing
Eligible HOME-ARP expenses will be reimbursed in accordance with State and City fiscal policies and procedures. The City will process payments as expeditiously as practicable to support timely delivery of housing-related services.
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
City of Torrance
HOME-ARP-XXXXX
EXHIBIT E
HOME-ARP
NOFA Date: 10/20/2023
Approval Date:
Prep. Date:
3) Maintaining complete and accurate program records to support accountability, monitoring, and continuous program improvement.
E. Partnerships
The City of Torrance will coordinate with regional partners to support service delivery and referrals, including:
1) South Bay Cities Council of Governments (SBCCOG): Coordination related to flexible funding and housing-related programs. 2) Los Angeles Homeless Services Authority (LAHSA): Collaboration on regional outreach and housing efforts.
3) Los Angeles County Department of Mental Health HOME
Team: Referral and coordination support for individuals with significant mental health needs.
F. Reimbursement and Payment Processing
Eligible HOME-ARP expenses will be reimbursed in accordance with State and City fiscal policies and procedures. The City will process payments as expeditiously as practicable to support timely delivery of housing-related services.
43