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HomeMy WebLinkAboutMercy House - 2024-07-01 (4) 'HOME SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MERCY HOUSE (Tenant Based Rental Assistance) This HOME SUBRECIPIENT AGREEMENT (Tenant, Based Rental Assistance) ("Agreement") is made and entered into as of July 1, 2024 ("Effective Date")by and between the CITY OF HUNTINGTON BEACH, a municipal corporation and charter city ("City"), and MERCY HOUSE, a California nonprofit public benefit corporation("Subrecipient"). RECITALS A. City is a California municipal corporation and charter city under the laws of the State of California. B. City has applied for and received funds ("HOME Funds") from the United States Department of Housing and Urban Development ("HUD") pursuant to the HOME Investment Partnerships Act and HOME Investment Partnerships Program, 42 U.S.C. §12701, et seq., and the implementing regulations set forth in 24 CFR § 92.1, et seq. (together, "HOME Program") for the purposes of strengthening public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing for_very low income and low income citizens of Huntington Beach in accordance with the HOME Program. As used herein, the HOME Program includes the HUD Final Rule set forth at 78 FR 142, adopted July 24, 2013, which adopts substantial amendments to the HOME Program regulations set forth at 24 CFR Part 92. C. City is currently implementing a coordinated one-year strategy and program to provide financial assistance to eligible extremely low, very low and low income families and households to enable such households to secure housing available at an affordable housing cost in the City. D. City has developed a Tenant Based Rental Assistance Program to assist households in the City, who are homeless or at imminent risk of homelessness, preference given to veterans and seniors, to enable such households to transition into permanent, supportive housing. E. City wishes to engage the Subrecipient to assist the City in utilizing HOME Funds to provide tenant based rental assistance, security deposits and utility assistance to veteran and senior residents of the City, in accordance with the terms and provision set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1 ARTICLE 1 SCOPE OF SERVICES 1.1 Scope of Services. During the entire Term (defined below) of this Agreement, Subrecipient shall administer the City's HOME-funded Tenant Based Rental Assistance Program ("TBRA Program"), all in accordance with this Article 1 (collectively, the "Services") and the Scope of Services and TBRA Program Operating Guidelines attached hereto as Exhibit A. In connection with the Services, Subrecipient shall comply with all requirements of the HOME Program, this Agreement and all applicable federal, state and local laws and regulations. Subrecipient shall further take all reasonable actions necessary to enable City to comply with City's obligations under the HOME Program relating to the TBRA Program. The Subrecipient shall perform the Services set forth in this Article 1 in furtherance of the TBRA Program. 1.2 Marketing and Outreach; Application Process. (a) Marketing and Outreach. Subrecipient shall undertake affirmative marketing and outreach activities to find prospective Eligible Households interested in the TBRA Program, all in accordance with HUD's Affirmative Fair Housing and Marketing regulations and the City's Affirmative Fair Housing Marketing Plan, when adopted. Subrecipient shall describe its marketing and outreach efforts in monthly progress reports submitted to the City under this Agreement, as described in Exhibit B. (b) Waiting List. Subrecipient shall maintain a waiting list of prospective Eligible Households. The waiting list shall be prioritized first based on the most urgent need as set forth in the TBRA Program Operating Guidelines, prospective Eligible Households of equally urgent need will be helped on a first come-first served basis, based on the date and time of referral or initial direct contact with the Subrecipient. (c) Intake Process. Upon being contacted by a prospective Eligible Household recruited through Subrecipent's affirmative marketing and outreach efforts, subrecipient shall initially meet with such prospective Eligible Household to fill out an Initial Qualification Document in substantially the form attached to the TBRA Program Operating Guidelines in Exhibit A, including an income calculation based on two months of source documentation (bank account statements, pay stubs, etc.) to prequalify such prospective Eligible Household. Subrecipient shall then meet with prequalified Eligible Households to determine and verify their qualifications and eligibility for assistance under the TBRA Program, provide such prequalified Eligible Households with the TBRA Program application and other documentation described below, assist prospective Eligible Households with the completion of the application and gross income calculation worksheet and qualify Eligible Households for the TBRA Program. Subrecipient shall provide every prequalified Eligible Household with all of the following documentation. 2 (i) TBRA Application in the form attached to the TBRA Program Operating Guidelines in Exhibit A, or as otherwise approved in writing by the Director of Community Development ("Director"). The TBRA Application shall solicit information regarding each applicant household's income and assets, household size and composition (number of children and adults), names of household members, Housing Unit (defined below) size and location preferences, specific needs and considerations, and a race/ethnicity survey. Examples of acceptable documental to confirm recent residency include: • Copy of previous lease • Copy of previous utility bill • Written confirmation of residency from a previous landlord, or proof of residency in transitional living facility • Copy of school records confirming previous residency Examples of proof of strong ties to the Community include: • Current residency of an immediate family member — mother, father, sibling, child, or grandparent • Proof that the individual and/or their dependent(s) attended K- 12 school in Huntington Beach (ii) Declaration of Homelessness Status or Declaration of At-Risk of Homelessness States, as appropriate, in the forms attached to the TBRA Program Operating Guidelines in Exhibit A. (iii) Rental Assistance Contracts for the Landlord and the Eligible Household, in the forms attached to the TBRA Program Operating Guidelines in Exhibit A. (iv) Household Budget Worksheet in the form attached to this Agreement as Exhibit D. (v) Lead-Based Hazard Information Pamphlet "Protect Your Family from Lead in Your Home" attached to this Agreement as Exhibit E. (d) Guidance for Eligible Households. Subrecipient shall meet with prospective Eligible Households throughout the application process and shall continue to meet with and counsel each Eligible Household regarding the TBRA Program, the Eligible Household's responsibilities as participants of the TBRA Program, and the goals and objectives of the TBRA Program. 1.3 Determination of Eligibility. Subrecipient shall qualify all Eligible Households in accordance with the selection criteria described in this Section. Further, for all Eligible Households Subrecipient shall implement the selection criteria and policies 3 in compliance with the City's Consolidated Plan and the City's housing needs and priorities. (a) Eligible Household. As used in this Agreement, "Eligible Household" refers to extremely low income households that are (i) currently residents in the City of Huntington Beach; and(ii) currently homeless or at risk of homelessness. (i) As used in this Agreement "homeless" is defined at 24 CFR 91,582 and 583, as defined by HUD. (ii) For purposes of determining eligibility for the TBRA Program, a prospective Eligible Household's (or for continuing compliance, a participating Eligible Household's) gross annual income shall be determined in accordance with 24 CFR 5.609, with the allowable exclusions from income established at 24 CFR 5.611. For purposes of this Agreement, annual income means the gross amount of income from all sources, including assets, for all adult household members that is anticipated to be received prospectively during the 12-month period following the date of application and before any deductions are taken (and for a participating household, income anticipated for the 12 months following verification described in §1.3(b)(ii) below.) When collecting income verification documentation, Subrecipient may also consider any likely changes in income. (iii) For purposes of this Agreement and the TBRA Program, income limits for extremely-low, very-low and low income households are established annually by HUD for the Orange County income limit area. (b) Income Verification. (i) Initial Verification. To determine if TBRA Program applicants (collectively, "Applicants") are income-eligible, Subrecipient must verify each Applicant's household income using source documentation such as wage statements, interest statements, unemployment compensation statements, bank account statements and other documentation types approved by HUD. Once an initial income verification is completed, the Subrecipient is not required to re- examine the Eligible Household's income unless six months has elapsed before assistance is provided. (ii) Annual Eligibility Verification. Subrecipient shall annually re- certify income and re-qualify each Eligible Household, including examination of source documentation. Household income must be no greater than 80 percent of AMI to remain eligible for assistance. For households found no longer eligible, assistance must be terminated following a 30-day notification period. 4 (c) Verification of Eligibility. Subrecipient shall collect and examine source documentation submitted by the Applicant to verify the identity of the members of the Eligible Household. Subrecipient shall make a determination that the Eligible Household is currently experiencing homelessness or is at imminent risk of homelessness, as defined 24 CFR 91, 582 and 583, based on caseworker observations and certification and Applicant certification. (d) Notice of Eligibility Determination. Subrecipient shall provide written or documented verbal notice to each Applicant stating whether such Applicant was determined to be eligible for assistance under the TBRA Program. Applicants determined to be ineligible for TBRA Program assistance shall have an opportunity to appeal the determination to the Subrecipient's Executive Director. If the issue is not resolved, the case will be referred to the Deputy Director. The definition of"homelessness" 24 CFR 91, 582 and 583 is applicable to this Agreement. 1.4 Selection of Housing Units. (a) Housing Unit Selection. Subrecipient shall assist Eligible Households with finding and selecting an appropriate housing unit (each a"Housing Unit") that meets federal housing quality standards ("HQS") or such other standards as may be made applicable to the TBRA Program by HOME Program statutes and/or regulations, specifically including Uniform Physical Condition Standards (UPCS), and that satisfies the requirements of the TBRA Program, HOME Program and this Agreement. Eligible Households shall also be entitled to find a Housing Unit for themselves, subject to compliance with the requirements of the TBRA Program, HOME Program and this Agreement; however, the parties anticipate that in most cases, Subrecipient shall be responsible for locating and qualifying an appropriate Housing Unit for occupancy by each Eligible Household. Subrecipient may refer Eligible Households to appropriate Housing Units but may not require an Eligible Household to select a particular Housing Unit. Subsidy Payments shall only be provided in connection with the rental of a qualified Housing Unit located in the City, unless Subrecipient documents reason for selecting housing outside the city. Subsidy Payments under this Agreement are portable within the City. Subrecipient's obligations under this Section 1.4 apply to each Housing Unit to be occupied by an Eligible Household receiving Subsidy Payments hereunder. (b) Housing Unit Size; Occupancy Standards. Housing unit selection shall comply with the following "Occupancy Standards" for the applicable Eligible Household: No more than two persons per bedroom plus one may occupy the Housing Unit. Thus, no more than three persons may occupy a one-bedroom Housing Unit, no more than five persons may occupy a two-bedroom Housing Unit; no more than seven persons may occupy a three-bedroom Housing Unit; no more than nine persons may occupy a four-bedroom Housing Unit. 5 (c) Property Inspection. Prior to occupancy of any Housing Unit by an Eligible Household, and again during the annual (or more often) verification process, Subrecipient shall cause a certified HQS inspector to inspect each Housing Unit occupied or to be occupied by an Eligible Household to ensure the Housing Unit complies with HQS as set forth in the HOME Program, including without limitation 24 CFR 92.251, as well as all applicable state and local codes and ordinances, including zoning ordinances. Subrecipient shall provide the City with documentation of each HQS inspector's certification. Each HQS inspection shall include all of the following: (i) Verification of the age of the Housing Unit (on Rent Reasonableness Form attached to the TBRA Program Operating Guidelines in Exhibit A; (ii) Complete HQS Inspection Checklist in the form attached to the TBRA Program Operating Guidelines in Exhibit A, including a rating for the Housing Unit of Pass, Pass with Comment, or Fail; (iii) Lead-based hazard assessment, dissemination of lead-based hazard • information pamphlet and disclosure form and lead-based hazard reduction activities, if required by the HOME Program or applicable federal, state and/or local laws; (iv) Adequate opportunity for the Landlord (defined below) to correct any deficiencies indicated in the HQS Inspection Form to bring the Housing Unit into compliance with HQS requirements; (v) Verification that occupancy by the Eligible Household will comply with the Occupancy Standards set forth in Section 1.4(b); and (vi) Certification of rent reasonableness regarding the rent being charged for the Housing Unit based on comparable non-assisted Housing Units in the same area. Subrecipient shall perform the rent reasonableness review as approved by the City. City may elect to perform the rent reasonableness reviews on behalf of Subrecipient by providing written notice to Subrecipient. The rent charged under the written lease agreement for the Housing Unit shall conform to the Rent Reasonableness Standard pursuant to the TBRA Program Operating Guidelines in Exhibit A, which is based on local market conditions. The contract rent for Housing Units that are restricted to an affordable rent by agreement with the City or by regulation or ordinance, or otherwise, shall be likewise restricted to such affordable rent in accordance with the contractual, statutory or regulatory restrictions governing the permitted rents for such Housing Units and the Rental Assistance Subsidy Payment shall be limited and calculated accordingly, as described in Section 1.5(a),below. 6 (d) Coordination with Landlords. (i) Landlord Guidance. Subrecipient shall provide guidance to the property owners, property owners' representatives, or property management companies hired by property owners (each a "Landlord" and collectively referred to as "Landlords") participating in the TBRA Program regarding the TBRA Program requirements and procedures that impact Landlords. (ii) Landlord Agreement. Subrecipient shall enter into a Landlord Agreement with each participating property owner/Landlord in substantially the form attached to the TBRA Program Operating Guidelines in Exhibit A. The Landlord Agreement will establish the Subsidy Payments to be made by Subrecipient on behalf of the Eligible Household as well as the Eligible Household's initial share of the contract rent. The Landlord Agreement shall further establish the terms and conditions under which the Subsidy Payments shall be paid to the Landlord for the applicable Housing Unit, including applicable HOME Program requirements. The Landlord Agreement shall have an initial term of 6-12 months, subject to extensions approved by Subrecipient and City (as applicable) pursuant to the TBRA Program Operating Guidelines. (iii) Tenant Protection Agreement. Subrecipient shall require each Landlord to enter into a lease agreement with a term of 12 months with any Eligible Household occupying a Housing Unit owned and/or managed by such Landlord, which lease agreement shall include a Tenant Protection Agreement in substantially the form attached to the TBRA Program Operating Guidelines in Exhibit A, or an updated form of Tenant Protection Agreement as may be prepared and provided by the City to the Subrecipient, and then by Subrecipient to Landlord. The Tenant Protection Agreement shall be executed in connection with the lease agreement between the Landlord and Eligible Household. The Tenant Protection Agreement will prohibit the inclusion of prohibited lease terms listed at 24 CFR 92.253; Confirm the landlord's obligation to maintain the Housing Unit in accordance with HQS, as established at 24 CFR 982.401; and prohibit discrimination by the landlord against the Eligible Household. The Subrecipient will review the lease agreement to confirm its compliance with state law and all HOME Program requirements. If the Landlord's form of rental agreement is not acceptable, Subrecipient shall require the Landlord and Eligible Household to enter into a lease agreement that complies with state law, HOME requirements, and City requirements. 7 1.5 Subsidy Payments. Subrecipient shall make rent payments and security deposit payments, as applicable (collectively, the "Subsidy Payments"), to Landlords, on behalf of Eligible Households. Subsidy payments must be provided in accordance to the Subrecipient's TBRA Program Operating Guidelines. Eligible Households are not expected to repay Subsidy Payments received pursuant to the TBRA Program. Except as may be permitted by the HOME Program, Subrecipient' s sole remedy in the event of noncompliance or breach by an Eligible Household shall be non-renewal of assistance under the TBRA Program. (a) Rental Assistance Calculation. Subrecipient shall calculate the "Rental Assistance" payments to be paid on behalf of each Eligible Household under this Agreement. The maximum amount of monthly assistance that the Subrecipient may pay on behalf of a family is the difference between the rent standard for the unit size and 30 percent of the household's monthly adjusted income. (b) Payment Standards. Subrecipient must use the payment standards as set forth in the Rent Reasonableness Standards attached to the TBRA Program Operating Guidelines in Exhibit A. The payment standards represent the cost of rent and utilities for moderately priced units in Huntington Beach. Payment standards are established by bedroom size. (c) Utility Allowance. When utilities are included in the cost of renting a unit, that is, the owner assumes responsibility for payment for all utility services, the Eligible Households entire share of the housing costs will go directly to the owner. When the cost of utilities is not part of the rent,that is, the Eligible Household is directly responsible for payment of utility services, the Eligible Household's initial share of monthly rent will be determined by subtracting a utility allowance from 30 percent of the Eligible Household's gross monthly income. The Subrecipient must use the County of Orange's Housing Authority's Utility Allowance Schedule attached to the TBRA Program Operating Guidelines in Exhibit A. (d) Term. The Subrecipient will provide rental assistance for an initial term of 6- 12 months, which can be extended in 6-12 month intervals, for a cumulative term of up to 24 months. Extensions will be granted at the discretion of the Subrecipient and shall be based on continued program compliance and ongoing need. The Subrecipient will evaluate ongoing need. (e) Security Deposit Assistance. Subrecipient may provide security deposit assistance to each Eligible Household. It is anticipated that Subrecipient shall provide Security Deposit Assistance to each Eligible Household in an amount no greater than two months' rent. The lease agreement must provide that the security deposit is refundable in accordance with state law. Security deposit refunds shall be provided by the Landlord directly to the Eligible Household. Any disputes involving the return, or lack thereof, of a security deposit shall be settled by Eligible Household and landlord, as provided for in the lease. 8 (f) Utility Deposit Assistance. Subrecipient may provide utility deposit assistance to each Eligible Household. It is anticipated that Subrecipient shall provide Security Deposit Assistance to each Eligible Household in an amount no greater than two months' rent. The lease agreement must provide that the security deposit is refundable in accordance with state law. Security deposit refunds shall be provided by the Landlord directly to the Eligible Household. Any disputes involving the return, or lack thereof, of a security deposit shall be settled by Eligible Household and landlord, as provided for in the lease. 1.6 Administrative Cost Reimbursements. The City will reimburse the Subrecipient for allowable costs incurred in administering the TBRA. Program, which are associated with the determination of income eligibility, pursuant to 24 CFR 92.203, and property inspections under HQS, codified per 24 CFR 982. 401. Administrative costs incurred in administering the TBRA Program that are ineligible under the HOME Program will be reimbursed from a non-HOME Program funding source, or Community Development Block Grant (CDBG) Funds. The administrative costs to be reimbursed from the CDBG Funds include Intake Assessments, Housing Search, Case Management, Self—Sufficiency and related services and overhead. 1.7 Termination of Assistance and Returning Eligible Households. (a) Termination of Rental Assistance. Subrecipient may terminate assistance under the TBRA Program for any of the following reasons: (i) Eligible Household is evicted from the Housing Unit based on behavioral issues or unlawful activity; (ii) Eligible Household has violated TBRA participant agreement. (iii) Eligible Household will be assisted by another rental assistance program such as the Section 8 Tenant-Based or Project-Based Programs. Participation in any other rental assistance program is considered a duplicative subsidy therefore all HOME funded rental assistance must be terminated. 1.8 Returning Eligible Households. As needed, Eligible Households may be allowed to return to the program for rental assistance. A determination to allow re-entry shall be based on the following criteria: (i) Eligible Households must have left the program in good standing. To be in good standing, Eligible Households must have been engaged in their case management plan, voluntarily left the program(not in lieu of termination) or have been released because their household income exceeded eligibility limits. In general, Eligible Households will not be allowed to re-enter the program if they were terminated for non- compliance. 9 (ii) At the discretion of the Subrecipient, a request for re-admission from a prospective Eligible Household previously terminated due to non- compliance may be considered when compelling reasons exist. In such cases, re-admission will require concurrence from the City. (iii) Eligible Households may return so long as the previous rental assistance did not exceed 24 months. Cumulatively, Eligible Households may not receive rental advice for more than a cumulative period of 24 months unless such assistance is permitted by the HOME Program and approved by the City. 1.9 Additional Requirements. (a) Self-Sufficiency Program. Subrecipient shall request each Eligible Household receiving Subsidy Payments from the Subrecipient to participate in Housing Stabilization Case Management administered by Subrecipient and in accordance with the Case Management and Self Sufficiency Program Policies• and Procedures attached to the TBRA Program Operating Guidelines in Exhibit A. Failure of an Eligible Household that is already receiving Subsidy Payments to participate in the Self-Sufficiency Program shall not be grounds for termination of the Subsidy Payments, but may be grounds for non-renewal of Subsidy Payments upon expiration of the subsidy term. (b) No Fees. Subrecipient may not charge fees to any Eligible Household for the Services, Subsidy Payments, Case Management or other services or assistance to be provided to Eligible Households under this Agreement. 1.10 Schedule of Performance. Subrecipient shall use its best efforts to perform the Services in accordance with the following schedule: (a) Affirmative marketing and outreach activities required by this Agreement shall commence immediately upon execution of this Agreement. (b) Subrecipient shall qualify Eligible Households, conduct HQS inspections, approve Housing Units, and move Eligible Households into approved Housing Units in accordance with the following milestone schedule: (i) Subrecipient shall process intake paperwork for and verify eligibility for TBRA Program assistance ("Enroll") for not fewer than three (3) Eligible Households within three (3) months following execution of this Agreement. As program income becomes available and/or additional HOME Funds are contributed to the TBRA Program, Subrecipient shall use diligent efforts to Enroll additional Eligible Households within not more than three (3) months following written notice from the City that such additional funds are expected to become available. 10 (ii) Subrecipient shall assist each Enrolled Eligible Household in finding an appropriate Housing Unit and shall conduct an HQS inspection of such Housing Unit, all within two (2) months following Enrollment of such Eligible Household. (iii) Subrecipient shall commence providing Subsidiary Payments on behalf of each Eligible Household and shall assist each Eligible Household to move into an HQS-inspected and approved Housing Unit, all within three (3) months following Enrollment/Intake of such Eligible Household. (c) Subrecipient shall request each Eligible Household to commence participation in the self-sufficiency program immediately upon Enrollment'of such Eligible . Household, whether or not such Eligible Household has yet moved into a Housing Unit and received the benefit of Subsidy Payments hereunder. 1.11 City Oversight and Approval Rights. City shall have the right, by written notice to Subrecipient at any time during the Term of this Agreement, to require City review of any of the Services to be performed or pre-approval of service tools and procedures by Subrecipient hereunder, including for example income determinations, qualification of applicants as " Eligible Households," qualification of Housing Units, determination of reasonable rents, etc., to ensure compliance with the TBRA Program,the HOME Program, or other applicable requirements. ARTICLE 2 TERM 2.1 Term. Services of the Subrecipient under this Agreement shall start on July 1, 2024 and end on the earlier to occur of(i) June 30, 2025 or (ii) the date the full amount of HOME Funds available under Section 3.2(a) below has been disbursed to Subrecipient and expended by Subrecipient to provide Subsidy Payments pursuant to this Agreement ("Term"), unless this Agreement is earlier terminated pursuant to Section 8.3. The Term of this Agreement and the provisions herein shall be further extended to cover any additional time period during which the Subrecipient remains in control of HOME Funds or other HOME assets, including program income. ARTICLE 3 BUDGET AND PAYMENTS 3.1 Budget. Subrecipient has submitted a budget to City for approval ("Budget"), which sets forth the estimated timing and use of the HOME Funds contributed by the City pursuant to this Agreement. The Budget is attached hereto as outlined in the Scope of Services and Budget in Exhibit A. Any amendments to an approved Budget for the Services must be approved by the Director or his authorized designee. In the event this Agreement is extended past the initial Term or any additional moneys will be contributed to the TBRA Program by City pursuant to this Agreement, Subrecipient 11 shall prepare and submit to the Director for approval an updated Budget for such additional moneys. Subrecipient shall prepare a Budget, for approval by Director, for each year during which this Agreement remains in effect. The City may require a more detailed line item breakdown of the Budget than the one contained herein, and the Subrecipient shall provide such supplementary information about the Budget in a timely fashion in the form and content prescribed by the City. 3.2 Reimbursement of Subsidy Payments. City shall reimburse Subrecipient for Subsidy Payment actually disbursed to or on behalf of Eligible Households pursuant to this Agreement and in accordance with line items on the approved Budget or as otherwise approved by the Director. City shall have no obligation to reimburse Subrecipient for ineligible administrative costs or expenses incurred by Subrecipient to manage or implement the TBRA Program or this Agreement, for the cost of social or supportive services provided to Eligible Households hereunder, or for any other costs or expenses incurred by Subrecipient in connection with its activities under this Agreement. City's payment obligations hereunder shall be limited to the actual amount of Subsidy Payments disbursed by Subrecipient and eligible administrative costs in accordance with the terms of this Agreement and the approved Budget. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. (a) Amount of Payments. It is expressly agreed and understood that the total amount of HOME Program funds to be paid by the City under this Agreement shall not exceed Two Hundred Thousand Dollars ($200,000.00). The dollar amounts stated in the immediately preceeding sentences may be increased by written amendment of this Agreement, signed by an authorized representative of Subrecipient and the Director. (b) Requests for Payments. To receive each payment under this Agreement, Subrecipient shall submit to the City a written reimbursement request or invoice in a form approved by City, along with such supporting documentation as may be requested by the City to verify Subrecipient's performance of the Services for which the payment is requested. Reimbursement requests shall be submitted no more frequently than one time per month. Payments will be adjusted by the City in accordance with fund advances, if any, balances available in Subrecipient accounts. In addition, the City reserves the right to liquidate funds available under this Agreement for costs incurred by the City on behalf of the Subrecipient. 3.3 Payments Subject to Availability of HOME Funds. City's obligation to provide payments to Subrecipient hereunder is subject to City's receipt of HOME Funds from. HUD pursuant to the HOME Program. 3.4 Accounting. Subrecipient shall, upon request, provide City with an accounting report, in form and content reasonably satisfactory to City, of any funds disbursed by City pursuant to Section 3.2. 12 3.5 Program Income. City and Subrecipient acknowledge and agree that the design of TBRA Program does not anticipate the receipt of"Program Income," as defined in 24 CFR 92.2, by the Subrecipient. Notwithstanding, in the event that any Program Income is received by the Subrecipient, Subrecipient will promptly remit same to the City. ARTICLE 4 INSURANCE AND INDEMNIFICATION 4.1 Insurance. Without limiting City's right to indemnification, Subrecipient shall secure prior to commencing the performance of any Services under this Agreement, and maintain during the Term of this Agreement, insurance coverage as set forth in this Section. (a) Required Insurance. Subrecipient shall secure and maintain the following coverage: Workers' Compensation Insurance as required by California statutes; (ii) Commercial General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and (iii) Comprehensive Automobile Liability coverage, including — as applicable — owned, non-owned and hire autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single-limit, written on an occurrence form. The Director, with the consent of City's Risk Manager is hereby authorized to modify the requirements set forth above in the event he or she determines that a modification, whether an increase or decrease, is in the City's best interest. (b) Required Clauses in Policies. Each insurance policy required by this Agreement shall contain the following clauses: "This insurance shall not be canceled or allowed to lapse without at least ten (10) day's prior written notice given to the City Clerk of the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648." "It is agreed that any insurance maintained by the City of Huntington Beach shall apply in excess of and not contribute with insurance provided by this policy." 13 Each insurance policy required by this Agreement, excepting policies for workers' compensation, shall contain the following clause: "The City of Huntington Beach, its officials, agents, employees, representative, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Huntington Beach. Subrecipient hereby agrees to waive subrogation which any insurer of the Subrecipient may acquire from the Subrecipient by virtue of the payment of any loss. If requested by City, Subrecipient agrees to obtain and deliver to City any endorsement from Subrecipient's general liability and automobile insurance insurer to effect his waiver of subrogation. (c) Property Insurance. Subrecipient shall further comply with the insurance requirements of 24 CFR 94.31. (d) Required Certificates and Endorsements. Prior to commencement of any Services under this Agreement, the Subrecipient shall deliver to City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above, and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by City, it shall be the Subrecipient's responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications. (e) Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Subrecipient fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: (i) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under the Agreement; (ii) Order the Subrecipient to stop work under this Agreement and/ or withhold any payment(s) which become due to the Subrecipient hereunder until the Subrecipient demonstrates compliance with the requirements hereof; or 14 (iii) Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the Subrecipient's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Subrecipient may be held responsible for payment of damages to persons or property resulting from the Subrecipient's or its subcontractor's performance of the Services covered under this Agreement. 4.2 Indemnification. (a) As respects acts, errors or omissions in the performance of Services under this Agreement, the Subrecipient agrees to defend, indemnify and hold harmless City, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of the Subrecipient's negligent acts, errors or omissions in the performance of Services under the terms of this Agreement. (b) As respects all acts or omissions which do not arise directly out of the performance of Services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Subrecipient agrees to indemnify, defend (at City's option), and hold harmless City, its officers, agents, employees, representatives, and volunteers from and against any and all claims,. demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Subrecipient's performance or failure to perform, under this Agreement; excepting those which arise out of the sole negligence of City. ARTICLE 5 ADMINISTRATIVE REQUIREMENTS 5.1 Financial Management. (a) Accounting Standards. Subrecipient agrees to comply with 24 CFR 84.21 through 84.28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. (b) Cost Principles. Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organization." These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 15 5.2 Documentation, Recordkeeping, Reporting and Monitoring. Subrecipient shall maintain documents and records, prepare and submit reports, and permit City to monitor Subrecipient's activities all in accordance with the requirements set forth in Exhibit B and applicable laws and regulations. All requirements set forth in such Exhibit B are incorporated herein as if set forth in full in this Agreement. 5.3 Use and Reversion of Assets. The use and disposition of property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFT 92.504, as applicable. The Subrecipient shall transfer to the City any HOME Funds on hand and any accounts receivable attributable to the use of HOME Funds under this Agreement at the time of the earliest to occur of expiration, cancellation, or termination. 5.4 Ownership of Documents. All documents and materials, both tangible and intangible, furnished by or through the City to Subrecipient pursuant to this Agreement are and shall remain the property of City and shall be returned to City upon the earliest to occur of expiration, cancellation, or termination of this Agreement. All documents and materials prepared by Subrecipient under or related to this Agreement shall become the property of City at the time of payment to Subrecipient of all fees, if any, for their preparation, and shall be delivered to City by Subrecipient at the request of City,"and in any event upon the earliest to occur of • expiration, cancellation, or termination of this Agreement. 5.5 Record Retention. All TBRA Program records shall be maintained by the Subrecipient for a minimum of five (5) years beyond the final payment under this Agreement. Notwithstanding, if there are litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have commenced before the expiration of the retention periods outlined, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the retention period,whichever occurs later. ARTICLE 6 PERSONNEL & PARTICIPANT CONDITIONS 6.1 Civil Rights. (a) Compliance. The Subrecipient agrees to comply with the Huntington Beach Municipal Code, Government Code Section 4450, et seq., the Unruh Civil Rights Act, Civil Code Section 51, et seq., Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act . of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 16 (b) Nondiscrimination. The Subrecipient agrees to comply with (1) the requirements of 24 CFR Part 5, subpart A, which relate to nondiscrimination and equal opportunity; (2) the nondiscrimination requirements of Section 282 of the HOME Investment Partnerships Act, 42 U.S.C. Section 12701, et seq. (c) Section 504. The Subrecipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. 6.2 Affirmative Action. (a) Executive Order 11246. The Subrecipient agrees that it shall be committed to carry out pursuant to the City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. (b) Women- and Minority-Owned Businesses (W/MBE). The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (c) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. (d) Subcontract Provisions. The Subrecipient will include the provisions of Sections 6.1, Civil Rights, and 6.2, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub-subrecipients or subcontractors. 6.3 Employment Restrictions. (a) Prohibited Activity. The Subrecipient is prohibited from using HOME Funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 17 (b) Labor Standard. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as and when those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act(18 U.S.C. 874 et seq.) and the implementing regulations thereto issued by the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. (c) Prevailing Wage. The Subrecipient agrees that, to the extent applicable, all contractors engaged under contracts for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement shall comply with the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 and California Labor Code Section 1720, et seq. governing the payment of wages and ratio of apprentices and trainees to journey workers. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (d) Section 3 Clause. The Subrecipient agrees, to the extent applicable, to comply with Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135. 6.4 Conduct. (a) Assignment. The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. (b) Subcontracts. (i) Approvals. The Subrecipient shall not enter into any subcontracts with any entity, agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such agreement. (ii) Monitoring. The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with 18 documented evidence of follow-up actions taken to correct areas of noncompliance. (iii) Content. The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. (iv) Selection Process. The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. (c) Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (d) Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 92.356, which include (but are not limited to) the following: (i) The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers. employees or agents engaged in the award and administration of contracts supported by HOME Funds. (ii) No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by HOME Funds if a conflict of interest, real or apparent, would be involved. (iii) No covered persons who exercise or have exercised any functions or responsibilities with respect to HOME-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the HOME-assisted activity, or with respect to the proceeds from the HOME-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Subrecipient, or any designated public agency. 19 (e) Lobbying. The Subrecipient hereby certifies that: (i) No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal 1 oan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (ii) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (iii) It will require that the language of paragraph (iv) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. (f) Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (g) Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities such as worship, religious instruction, or proselytization. (h) Drug-Free Workplace. The Subrecipient agrees to maintain a drug-free workplace per the requirements of 2 CFR part 2429. (i) Debarred or Suspended Entities. By signing this Agreement, Subrecipient certifies that it is not presently listed by any federal agency as debarred, suspended, or proposed for debarment from any federal contract activity. If during the term of this Agreement this information changes, Subrecipient shall notify City without delay. Such notice shall contain all relevant particulars of any debarment, suspension, or proposed debarment. Further, in carrying out 20 its responsibilities hereunder, Subrecipient will not employ, contract with, or otherwise make use of subcontractors, service providers, consultants, or any other party that is debarred, suspended, or proposed for debarment from any federal contract activity. (j) VAWA Regulations. The City and Subrecipient both acknowledge and agree that each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L, which implements provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA). Subrecipient also agrees to follow and implement the applicable VAWA requirements contained in the City's Program Guidelines and the City's Emergency Transfer Plan, as required by 24 CFR 92.359(g), for all applicants to the TBRA Program, and all TBRA recipients for the period that tenant based rental assistance is provided. Moreover, the Subrecipient agrees that all leases that are approved by the Subrecipient shall contain the City's required VAWA lease term/addendum, as described in 24 CFR 92.359(e) and the City's TBRA Program(Exhibit A). ARTICLE 7 GENERAL CONDITIONS 7.1 General Compliance. The Subrecipient agrees to comply with the requirements of the HOME Program in the administration and implementation of the TBRA Program and this Agreement. The Subrecipient shall carry out each activity in compliance with all regulations described in subpart H of 24 CFR Part 92, except that the Subrecipient does not assume the City's responsibilities for environmental review under 24 CPR 92.352 and the intergovernmental review process described in 24 CFR 92.357 does not apply to the Subrecipient. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 7.2 Familiarity with Services;Qualified Personnel. (a) By executing this Agreement, Subrecipient represents and warrants that Subrecipient (i) has thoroughly investigated and considered the Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the requirements, difficulties and restrictions attending the performance of the Services under this Agreement. (b) Subrecipient represents that Subrecipient has or will secure and maintain, at Subrecipient's sole cost and expense, all qualified and licensed personnel required to perform the Services. Staff and any additional personnel hired by Subrecipient shall be employees of Subrecipient. Such personnel shall not be deemed to be employees of City or to have any contractual relationship with City. Such Personnel shall be authorized or permitted under state and local law to perform the Services. • 21 7.3 Independent Contractor. In performing under this Agreement, Subrecipient is and shall at all times be acting and performing as an independent contractor to City, performing its duties in accordance with its own judgment. City shall neither have nor exercise any control or direction over the methods by which Subrecipient performs its work and function nor shall City have the right to interfere with such freedom or action or prescribe rules or otherwise control or direct the manner in which such services are performed. The sole interest of the City in the Services performed by the Subrecipient is that such Services be performed in a legal competent, efficient and satisfactory manner. Nothing contained herein shall cause the relationship between the parties to this Agreement to be that of employer and employee. Subrecipient shall not have the authority to obligate City to any contract, obligation, or undertaking whatsoever and shall make no representation, either oral or in writing. 7.4 Subrecipient Representative. Subrecipient hereby designates Larry Hayes, Executive Director for the TBRA Program ("Subrecipient's Representative"). Subrecipient's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 7.5 Nepotism. Subrecipient shall not hire or permit the hiring of any person to fill a position funded through this Agreement if a member of the person's immediate family is employed in an administrative capacity by City's HOME Program or any department of the City which is administering the HOME Program. For the purposes of this section, the term "immediate• family means spouse, child, mother, father brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisory or management responsibilities, including serving on the governing body of City. 7.6 Hold Harmless. The Subrecipient shall indemnify, hold harmless, and defend the City and their elected officials, officers, employees and agents and shall pay for expenses incurred by the City for any and all claims, actions, suits, charges and judgments whatsoever related in any manner to or that arise out of the Subrecipient's performance or nonperformance of the Services or subject matter called for in this Agreement. 7.7 City Recognition. The Subrecipient shall insure recognition of the role of the City in providing Services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. 7.8 Notices. Any approval, disapproval, demand, document or other notice ("Notice") which any party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, (iii) facsimile transmission, or (vi) mailing in the United 22 States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below, or at any other address as that party may later designate by Notice. Service shall be deemed conclusively made at the time of service if personally served; upon confirmation of receipt if sent by facsimile transmission; the next business if sent by overnight courier and receipt is confirmed by the signature of an agent or employee of the party served; the next business day after deposit in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by express mail; and three (3) days after deposit in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by certified mail. Subrecipient: Larry Haynes Executive Director Mercy House PO Box 1905 Santa Ana, CA 92702 City: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 With copies to: Steve Holtz, Deputy Director Community Development/NED 2000 Main Street Huntington Beach, CA 92648 Such addresses may be changed by Notice to the other party(ies) given in the same manner as provided above. 7.9 Amendment and Waiver. This Agreement may be amended, modified, or supplemented only by a writing executed by each of the parties. Any party may in writing waive any provision of this Agreement to the extent such provision is for the benefit of the waiving party. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by that party or its or any other party's compliance with any representations or warranties or with any provision of this Agreement. 7.10 Entire Agreement. This Agreement, including all Exhibits attached hereto, embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to the subject matter. In the event of a conflict between this Agreement, on one hand, and any Exhibit attached hereto, on the other 23 hand, the provisions of this Agreement shall control; provided, if it is possible to comply with the requirements of this Agreement and the Exhibits, the parties shall do so. The following Exhibits are attached to this Agreement and incorporated herein: Exhibit A Scope of Services and Budget and TBRA Program Operating Guidelines Exhibit B Documentation,Recordkeeping, Reporting and Monitoring Requirements Exhibit C Gross Income Calculation Form Exhibit D Household Budget Worksheet Exhibit E Lead-Based Hazard Information Pamphlet"Protect Your Family from Lead in your Home" 7.11 Governing Law. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of California. 7.12 Non-Liability of Members, Officials and Employees of City. No member, official or employee of City shall be personally liable to Subrecipient, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient's successors, or on any obligation under the terms of this Agreement. Subrecipient hereby waives and releases any claim Subrecipient may have against the member, officials or employees of City with respect to any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient's successors, or any obligations under the terms of this Agreement. Subrecipient makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 24 ARTICLE 8 ENFORCEMENT; TERMINATION 8.1 Events of Default. (a) For purposes of this Agreement, the word "Default" shall mean the failure of Subrecipient to perform any of Subrecipient's duties or obligations or the breach by Subrecipient of any of the terms and conditions set forth in this Agreement; any failure by Subrecipient to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines,policies or directives as may become applicable at any time; any ineffective or improper use of funds provided under this Agreement; or submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. In addition, Subrecipient shall be deemed to be in Default upon Subrecipient's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Subrecipient's assets or of Subrecipient's interests hereunder. (b) City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt 'of written notice from Subrecipient specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty(30) day period and thereafter diligently prosecute the same to completion. 8.2 Institution of Legal Actions.•In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or in equity to seek the specific performance of the terms of this Agreement, to cure, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California or in the United States District Court for the Central District of California. 8.3 Acceptance of Service of Process. In the event that any legal action is commenced 25 by the Subrecipient against City, service of process on City shall be made by personal service upon the City Clerk or in such other manner as may be provided by law. In the event that any legal action is commenced by City against the Subrecipient, service of process on the Subrecipient shall be made by personal service upon Subrecipient's Representative or in such other manner as may be provided by law. 8.4 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other party. 8.5 Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 8.6 Attorney's Fees. City and Subrecipient agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall not be entitled to costs and expenses, including reasonable attorney's fees, incurred in connection with such litigation, such that each party shall be responsible for their costs and attorneys' fees. 8.7 Termination. (a) Termination for Cause. In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement in the event of a Default by the Subrecipient under this Agreement. Subrecipient may suspend or terminate this Agreement if City fails to make payments to Subrecipient as required herein. (b) Termination for Convenience. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the City or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the date the termination will be effective, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. 26 IN WITNESS WHEREOF, the parties have executed this HOME Subrecipient Agreement (Tenant Based Rental Assistance) as of the Effective Date, which is the date of the City Council approving this Agreement. SUBRECIPIENT: CITY: MERCY HOUSE, CITY OF HUNTINGTON BEACH, a Califoi ' nonprofit corporation a municipal corporation and charter city By: By: Larry ynes City Manager print name ITS:Executive Director ATTEST: AND By: �� City Clerk By: / /fr Willis APPROVED AS TO FORM: print name ITS: (circle one4Secretary/ I By: Chief Financial Officer/Asst. Secretary—Treasurer City Attorney INITIATED AND APPROVED: By: COUNTERPART Director of Community Development REVIEWED AND APPROVED: By: Assistant City Manager 27 IN WITNESS WHEREOF, the parties have executed this HOME Subrecipient Agreement (Tenant Based Rental Assistance) as of the Effective Date, which is the date of the City Council approving this Agreement. SUBRECIPIENT: CITY: MERCY HOUSE, CITY OF HUNTINGTON BEACH, a California nonprofit corporation a municipal corpor ' charter city By: City Manager print name ITS:Executive Director ATTEST: AND By: City Clerk By: J) APPROVED .. ;! ORM: print name ITS: (circle one)Secretary/ By: Chief Financial Officer/Asst. Secretary—Treasurer City Attorney ITIATED APPROVED: COUNTERPART By: • - � ect r of Community Development REVIEWED AND APPR VED: By. Assistant City Manager 27 • • Exhibit A Scope of Services and Budget Program Guidelines/Operating Procedures EXHIBIT A FY 2024-25 HOME TENANT BASED RENTAL ASSISTANCE (TBRA) SCOPE OF SERVICES AND BUDGET MERCY HOUSE A. SCOPE OF SERVICES Outcome Statement: This project is designed to assist households experiencing housing insecurity by providing Tenant Based- Rental Assistance to Huntington Beach residents who are experiencing homelessness or are at risk of homelessness. This project furthers Priority #1 in the City of Huntington Beach's adopted Housing and Community Development Consolidated Plan (HUD 5-year plan), which is to create new affordable housing opportunities and sustain and strengthen neighborhoods. Principal Task: Between July 1, 2024 and June 30, 2025, Mercy House will: 1. Provide rental assistance subsidies, security deposit subsidies, utility deposit subsidies, Housing Quality Standards (HQS) inspections and income eligibility reviews to 15 Huntington Beach households in accordance with the TBRA Guidelines. Mercy House will submit a monthly Grantee Performance Report (GPR) on these goals on the form attached hereto by the 15th of each month over the duration of this agreement. B. PROJECT FUNDING & COST ESTIMATES With the submission of monthly invoices together with proper support documentation, for the services and authorized budget items described in Section A of this Attachment, Mercy House will be reimbursed on a monthly basis in accordance with the following annual project budget: Tenant Based Rental Assistance: $172,136 Security Deposit: $14,064 Utility Deposit: $900 HSQ Inspection: $7,500 Income Certification: $5,400 Total Mercy House Budget: $200,000 EXHIBIT A CITY OF HUNTINGTON BEACH TENANT BASED RENTAL ASSISTANCE PROGRAM PROGRAM GUIDELINES/OPERATING PROCEDURES (July 2024) I. INTRODUCTION Utilizing HOME Investment Partnership Program (HOME) funding, the City of Huntington Beach (City) has elected to assist certain eligible low income persons and families through funding by the Housing and Urban Development Department(HUD) by establishing a Tenant Based Rental Assistance Program (TBRA) that follows all of the requirements set forth in the HOME Program under Section 24, Part 92, of the Code of Federal Regulations (24 CFR 92). By partnering with local Service Providers, the Program will enable the City to meet the needs of participating tenant households by providing monthly rental assistance for up to 24 months (subject to funding availability.) II. TENANT SELECTION POLICY A. Current Residents of the City of Huntington Beach and Persons with Strong Ties to the City This program is designed to help current residents of the City and those with strong ties to the City. Priority shall be given to residents from the Huntington Beach Police Department, Huntington Beach Homeless Task Force, 0C211 and other housing providers. Due to the nature of the population served by the Program, it may not be possible to obtain traditional proof of residency documentation such as utility bills. The following documentation can be accepted to establish that an applicant household qualifies for the Huntington Beach live/work preference: • Documentation from a Huntington Beach school that the children in the household have been enrolled in and attending the school for at least the last 90 days from the time of admission into the Program. • Documentation from a partner agency, such as the Huntington Beach Police Department, evidencing that the family is known to be homeless in Huntington Beach. • Proof that the applicant's last place of stable residency was in the City of Huntington Beach. Verification from a landlord is acceptable. 1 • Proof that an adult member of the household is working or has been recently hired to work in Huntington Beach. B. Currently Homeless or At-Risk of Homelessness • At-Risk of Homelessness refers to a household that is at imminent risk of being evicted due to an economic hardship in paying rent or staying current with rent. (Category 2 of HUD Homeless Definition) • Homelessness refers to a household who meets the HUD Homeless Definition at 24 CRF 91, 582 and 583: Category 1 (literally homeless) and Category 4 (fleeing/attempting to flee violence and living in a place described in Category 1). C. Intake Process As part of the intake process, the Service Provider will meet with the prospective Eligible Household to conduct a needs assessment and complete an Initial Qualifications Form (Appendix A). If the Program has reached maximum capacity, the Service Provider shall review the applicant to assess if other services may be offered while the applicant is waiting for a slot to open in the Program. As part of the intake process, the Service Provider shall also request and/or assist the prospective Eligible Household with the completion of the following documents: • TBRA Application (Appendix B) • Declaration of Homeless Status or Declaration of At-Risk of Homelessness Status (Appendix C) D. Income Eligible Households • To receive supportive services as well as rental assistance under the HOME Program, the Applicant's total household income must be at or below 60% of the Orange County area median income (AMI). However, once the Applicant is part of the Program, the household income can increase up to 80% of the AMI before a notice of termination must be given from the Program. • Income limits for low-income households are established annually for the HOME Program by HUD for the Orange County income limit area. • Gross Annual Income shall be determined in accordance with 24 CFR 5.609,with the allowable exclusions from income established at 24 CFR 5.611. • Gross Annual Income means the gross amount of income from all sources, including assets, for all adult household members that is anticipated to be 2 • received prospectively during the. 12-month period following the date of application and before any deductions are taken. • Applicants must verify eligibility for assistance under the Program through the review of income source documents. As outlined in the revised HOME rules published in July 2013, applicants must provide evidence of income for the two (2) most recent months. Acceptable source documents include wage statements, check stubs, entitlement verification from another government agency and bank statements. The definition of income for the purposes of the Program is located at 24 CFR Part 5 (often referred to as the Section 8 definition). In cases where no evidence of income (third-party verification) is available, applicants may self- report their income. In such cases, a written explanation must be provided as to why third-party verification or documentation was unavailable. • Likely changes in income may be considered when collecting income verification documentation. • Initial income verifications are valid for six months. If admission to the Program takes longer than 6 months, income verifications must be updated and reevaluated. After initial verification, income recertification shall be conducted every six months. • Income verifications will be used for two purposes: • To determine eligibility for services. A determination of eligibility will be completed as part of the admissions process and thereafter annually. • Income information will be used to establish the household's initial contribution toward rent, which shall be set at 30% of the household income. The household's initial contribution will remain unchanged for at least six months. E. Eligibility Verification ■ Applicants will be re-qualified, including examination of source documentation, every six months or at the end of the lease term,whichever occurs earlier. ■ If an applicant has fluctuating income, and/or a change of household size or composition and/or fails to participate in all the policies of the program, the applicant may be requested to provide verification(s) more often, as reasonably necessary to confirm continued qualification and eligibility for the Program. • Applicants will be given written notice stating whether the Eligible Household was determined to be eligible for continued assistance under the Program. 3 F. Waiting List Once the Program has reached maximum enrollment, a waiting list of prospective Eligible Households will be maintained. This list will be prioritized as follows: ■ Clients who have been assessed for TBRA eligibility, completed intake process, and are ready for housing placement. Ready for housing placement means that the household has found a housing unit that meets TBRA requirements. • Clients who have been assessed for TBRA eligibility, completed intake process, and are searching for housing. • Clients who have been assessed for TBRA eligibility and pending intake. • • Priority ranking will be given for Homeless Category 1 (24 CRF 91, 582 and 583), literally homeless participants from the streets or other locations not meant for human habitation,emergency shelters, or safe havens. G. Outreach and Collaboration with the City If funds are available to assist more City residents,the Service Provider is responsible for marketing and outreach activities to find prospective Eligible Households interested in the Program. Examples of outreach activities include conducting community presentations, contacting school districts, community based organizations and faith-based groups, and participating in community events to educate on TBRA resources available. III. SELECTION OF HOUSING UNITS A. Housing Unit Selection Eligible Households may elect to rent any Housing Unit in the City so long as the unit meets federal Housing Quality Standards(HQS) (Appendix D)or such other standards as may be made applicable to the Program by HOME Program statues and/or regulations, specifically including Uniform Physical Condition Standards (UPCS) and passes a rent reasonableness test. If an appropriate Housing Unit cannot be located within the City boundaries, a Housing Unit can be located outside of the City boundaries. B. Occupancy Standards The number of persons in each Eligible Household will determine the required unit type. Each household must comply with the two per bedroom plus one occupancy standard. The following table provides the occupancy standards by unit type: 4 Number in Unit Type Household One-bedroom Unit U• to 3 Persons Two-bedroom Unit U• to 5 Persons Three-bedroom Unit U• to 7 Persons Four-bedroom Unit U• to 9 Persons C. Property Inspections Prior to occupancy of any Housing Unit by an Eligible Household, and again during the annual verification process, a certified HQS inspector must inspect each Housing Unit to ensure the unit complies with HQS as set forth in the HOME Program (24 CFR 92.251), as well as all applicable state and local codes and ordinances, including zoning ordinances. Each HQS inspection will include the following: • Verification of the age of the Housing Unit (on Rent Reasonableness Form) Appendix E; • Completed HQS Inspection Form (HUD-52580); • Lead-based paint hazard assessment, dissemination of lead-based paint information pamphlet and disclosure form and lead-based paint reduction activities,if required; • Adequate opportunity for landlord to correct any deficiencies indicated in the HQS Inspection form to bring the Housing Unit into compliance; and • Verification that occupancy by the Eligible Household will comply with occupancy standards. D. Housing Unit Rent Reasonableness Rental assistance paid on behalf of the Eligible Household must be in compliance with federal Rent Reasonableness requirements that mandate rents paid by or on behalf of assisted households be similar to rents paid by non-assisted households. Rent Reasonableness reviews will be performed by the service providers. The factors listed below shall be considered when determining rent comparability: • Location and age; • Unit size including the number of rooms and square footage or rooms; • The type of unit including construction type (e.g., single family, duplexes, garden, low-rise,high-rise); 5 • The quality of the unit,which includes the building construction,maintenance and improvements; and • Amenities, services and utilities included in the rent. The Service Provider will follow both the rent reasonableness regulations established for the Housing Choice Voucher (HCV) program at 24 CFR 982.507 to evaluate rents. In the event that a rent request does not meet rent reasonableness requirements,the Service Provider shall attempt to negotiate a lower rent with the property owner. If the owner is not willing to accept a lower rent, the household must be instructed to search for another unit. Under no circumstances shall rent exceed the sum approved through the rent reasonableness review. Additionally, the assisted household is not allowed to make up any difference in the rent offer. E. Coordination with Landlords The Service Provider will meet with and provide guidance to landlords participating in the Program regarding the requirements and procedures that impact landlords. Landlord Agreement(Appendix F) • The Service Provider will enter into a Landlord Agreement with each participating landlord or property owner. The Landlord Agreement will establish the security deposit assistance payment and the initial rental assistance payments to be paid on behalf of the household. The Agreement will also establish the participating household's initial share of the contract rent.The Agreement will also require the landlord to provide the Service Provider with notice of a lease termination, and reaffirm the tenant protections included in the Tenant Protection Agreement. • This contract will have an initial term of 6 months unless otherwise agreed between the Service Provider,tenant and the City. Lease Addendum for Tenant Protection (Appendix G) • The landlord will be required to enter into a lease agreement with a term of 12 months with any Eligible Household occupying a Housing Unit. • The lease agreement will include a Tenant Protection Agreement that will be executed in connection with the lease between the landlord and the Eligible Household. • The Tenant Protection Agreement will include the following elements: • Prohibit the inclusion of the following provisions in the lease, as required by 24 CFR 92.253: • (1)Agreement to be sued; 6 • (2) Treatment of property; • (3) Excusing owner from responsibility; • (4) Waiver of notice; • (5) Waiver of legal proceedings; • (6) Waiver of a jury trial; • (7) Waiver of right to appeal court decision; • (8) Tenant chargeable with cost of legal actions regardless of outcome; and • (9) Mandatory supportive services. • Confirm the landlord's obligation to maintain the Housing Unit in accordance with HQS, as established at 24 CFR 982.401. • Prohibit discrimination by the landlord against the Eligible Household. ■ The Service Provider will review the lease agreement to confirm its compliance with state law and all HOME Program requirements. Prior to signing the lease, the Service Provider must provide the City with the tenant's application, income eligibility documentation, IDIS form and lease terms for approval of acceptance into the program. If the City does not respond within two business days,the tenant is deemed approved. IV. Payment Standards,Rent Calculation,Term and Subsidy Reductions As authorized by HOME TBRA regulations, the Program will rely on a traditional rental assistance calculation. The model allows for the rent subsidy determination based on 30% of household income. A. Rent Assistance Calculation A rental assistance calculation will be completed for each Eligible Household. The calculation will determine each household's Program subsidy and share of the rent. The maximum amount of monthly assistance is the difference between the rent standard for the unit size and 30%of the household's monthly adjusted income. Each household's maximum rent subsidy will vary since the calculation involves the use of individualized factors such as the household's actual income and family size. 7 The initial household contribution to rent will remain unchanged for at least six months. Minimum tenant contribution to rent under the Program is set at $50.00. This minimum is used if the maximum subsidy calculation would result in the household paying less than $50.00 towards the monthly rent (e.g. if 30% of the household's monthly adjusted income is less than $50.00). B. Rent Payment Rent Reasonableness The Program must use the Rent Reasonableness Standard (Appendix E) to calculate monthly rental assistance. The payment standards represent the cost of rent and utilities for moderately priced units in Huntington Beach as well as those in surrounding Orange County cities. Payment standards are established by bedroom size. When utilities are included in the cost of renting a unit, that is, the owner assumes responsibility for payment for all utility services,the household's entire share of the housing costs will go directly to the owner. When the cost of utilities is not part of the rent, that is,the household is directly responsible for payment of utility services, the household's initial share will be determined by subtracting a utility allowance from 30% of the household's income. The Orange County Housing Authority utility allowance schedule (Appendix I) shall determine the household's utility allowance. In these cases, the household's share of the rent is equal to 30% of the household's monthly adjusted income minus the applicable monthly utility allowance. Each household is responsible for paying their rent share directly to the landlord each month. If a selected Housing Unit is subject to contractual, statutory and/or regulatory affordability restriction, the monthly rental assistance payments will not exceed the difference between the required affordable rent amount for the Housing Unit and 30% of the Eligible Household's monthly adjusted income. i. Participant Agreement (Appendix H) The Service Provider will enter into a Participant Agreement with each participating client household. The Participant Agreement will establish the Eligible Household's responsibilities towards rent payments. The Agreement will establish the participating household's initial share of the contract rent, which will be adjusted every 6 months. ii. Term Rental assistance will be for an initial term of 6 months,which can be extended every 6-12 months,for a cumulative term of up to 24 months. Extensions will be granted at the discretion of the Service Provider and shall be based on continued Program compliance and ongoing need. 8 The Service Provider will utilize the Gap Analysis and Income Re-Evaluation to assess ongoing need and adjust household's share of rent as appropriate. Households with • income above 80%AMI will be notified about income eligibility limits. iii. Subsidy Reductions The participant's household income will be reevaluated every six months. If the household income has changed since the previous evaluation, the participant's monthly rent responsibility will be adjusted accordingly. V. Security Deposits Security deposit assistance is available to Eligible Households. Such assistance shall be the lesser of: • Two months approved rent for the Housing Unit; or • The standard security deposit required by the landlord for non-subsidized tenants. Security deposit assistance provided to participating households will be in the form of a grant. As such,the landlord can provide a security deposit refund directly to the household. Any disputes involving the return, or lack thereof, of a security deposit shall be settled by the tenant and landlord, as provided for in the lease. VI. Utility Deposits Utility deposit assistance is available to Eligible Households. Utility deposit assistance provided to participating households will be in the form of a grant. As such, the utility provider can provide a utility deposit refund directly to the household. Any disputes involving the return, or lack thereof, of a utility deposit shall be settled by the tenant and the utility provider. The Utility deposit subsidies cannot be used as a stand-alone activity. The assistance must be utilized with rental subsidy, security deposit subsidy, or both. The Orange County Housing Authority will annually establish the utility allowances for each year. (Appendix I) 9 VII. Annual Recertification, Termination of Assistance and Returning Households A. Annual Recertification Recertification of income and Program eligibility will every 6 months. The Service Provider will gather source documentation for participating households to determine annual income. Annual income must be calculated in accordance with 24 CFR Part 5. If the total household income is above 80%AMI,rental assistance must be terminated following a 30 day notification period. B. Termination of Rental Assistance Assistance can be terminated for the following reasons: • Eviction from the assisted rental unit based on behavioral issues and/or unlawful activity. • The family will be assisted by another rental assistance program such as the Section 8 Tenant-Based or Project-Based program. Participation in any other rental assistance program is considered a duplicative subsidy therefore all HOME funded rental assistance must terminate. • Failure to meet significant goals in the participants Self-Sufficiency Program as outlined on page 11, Case Management. C. Returning Participant Households As needed, participants may be allowed to return to the Program for either support services, rental assistance or both. A determination to allow re-entry shall be based on the following criteria: • Participants must have left the Program in good standing. To be in good standing, participants must have been engaged in their case management plan,voluntarily left the program (not in-lieu of termination) or have been released because their household income exceeded eligible limits. In general, participants will not be allowed to re-enter the Program if they were terminated for non-compliance. • A request for readmission from a non-compliant household may be considered when compelling reasons exist. In such cases, re-admission will require concurrence from the City. • The Participant's previous rental assistance did not exceed 24 months. Cumulatively, participants will only be allowed to receive rental assistance for a maximum of 24 months. 10 Self Sufficiency Program Subrecipient will request each Eligible Household receiving rental assistance payments to participate in a Self-Sufficiency Program administered by Subrecipient. The Case Management and Self-Sufficiency Program Policies and Procedures are outlined in Appendix J. The Self-Sufficiency Program provides participating households with intense case management,which is designed to assist participants move to self-sufficiency within a 12 to 24-month period. Income recertifications will be completed annually for participating households. If the participating household's income exceeds the low (80%AMI) income limits, Subrecipient must terminate the rental assistance. Listed below are some of the Self-Sufficiency Case Management Services offered by Subrecipient: D. Case Management The Subrecipient Case Management model maximizes client success by developing individualized service plans and addressing clients' specific needs in securing permanent housing and self-sufficiency. Clients will meet with their Case Manger on a minimum of a monthly basis to update goals, monitor progress, and ensure long- term housing stability. Self-sufficiency groups are also held weekly to assist with financial management, job development, life skills, personal empowerment, and accessing other resources needed to gain housing stability. E. Individualized Housing and Service Plan Participants meet with their Case Manager at intake and monthly to review their Goal Worksheet and Individualized Service Plan to help establish and identify participant goals and plans for housing, education, employment, financial (including budgeting and credit repair), legal, and other housing stabilization and relocation resources needed. F. Housing Search and Placement Subrecipient advocates assists clients with comprehensive housing search and placement into affordable permanent housing. Subrecipient has established close partnerships with permanent housing agencies, including affordable housing providers, apartment associations, and private landlords/owners. G. Financial Management/Credit Repair Subrecipient assists program participants with credit repair, financial literacy, and job placement and retention. Assistance will also be provided to access mainstream financial benefits including social security, veteran's benefits, Ca1WORKs, disability, unemployment, and other public assistance. 11 H. Employment Assistance Obtaining self-sufficiency is a critical goal for families served by Subrecipient. Subrecipient Case Managers work with clients to identify interests, life experiences and talents that lend themselves to employment. Housing Advocates also: • Help clients develop resumes,complete job application and prepare for interviews; ■ Obtain educational scholarships through AmeriCorps and other sources to increase leadership skills and/or further their education; • Provide transportation solutions to job interviews and job-related activities;and • Provide job placement in career-level jobs and job retention assistance. I. Transportation Subrecipient provides support services at Community Service Center and Satellite sites in Huntington Beach conveniently accessible via public transportation routes or via home visits as needed. Subrecipient provides assistance with transportation via bus passes and accessing mainstream resources available for transportation through CalWORKs and disability access. Subrecipient also maintains agreements with local - taxi companies to provide emergency transportation assistance and works closely with the Huntington Beach Police Department to assist transport participants in crisis situations. J. Behavioral Health Subrecipient provides an array of individual and group counseling programs on-site and works closely with other mental health providers to address behavioral health needs of participants. VIII. RIGHT TO AN INFORMAL HEARING PROCEDURE Participating Tenant Households have the right to be heard by an impartial official, without prejudice. Program participants may appeal a proposed Program action that may have an adverse effect upon them by submitting a written Request for Hearing to the City of Huntington Beach,which include the Participating Tenant Household's objection, name and relationship of all potential parties, list of documents to be presented, current address and telephone number. Appeals must be filed within seven (7) calendar days of notification of proposed Program action. The informal hearing will be scheduled as soon as possible. The informal hearing shall be conducted in English. Notice of Informal Hearing will be issued at least ten days prior to the Hearing appointment. The Participating Tenant Household may bring person(s) to testify and/or documents at their expense. Participating Tenant Households may review pertinent file documentation so long as such documentation does not infringe on any other party's rights. 12 IX. CITY REQUIREMENTS A. Monthly Meetings and Reports Each month,the City will meet with each Service Provider via teleconference. At least 24 hours prior to the meeting, the Service Provider will provide an updated tenant chart. The City and Service Provider will discuss all tenants,potential applicants and other issues impacting the operations of the Program. B. Monthly Summaries At the end of each month, the Service Provider will submit a summary of services provided. The summary shall include the number of new, continuing and existing households served in the quarter, any staffing changes, any billing issues, any outreach efforts and other issues impacting the administration of the Program., The Quarterly Summary is due within 45 days after the end of the quarter. C. Billing Requirements Service Providers shall submit their invoices no later than 20 days after the end of a service month. The invoices shall include a City coversheet for each household, a general ledger of all current clients, an updated IDIS form, if necessary, proof of all reimbursable costs, including rent checks, security deposits and staff time and any written communication with the City discussing exceptions or unusual circumstances regarding a household. Timely submission of invoices is required for City finance and budget purposes. D. The City maintains the ability to make changes to the Operating Guidelines as City, State and Federal laws, ordinances and policies change. The City shall provide written notice to the Service Provider when a substantive change is made to the guidelines. IX. COMFORMANCE WITH HOME LAWS, RULES AND REGULATIONS The Program Guidelines/Operating Procedures must conform to all HOME laws,rules and regulations. To the extent Congress or the federal government makes changes to the laws, rules and regulations, particularly due to an exigent circumstance, the City has the discretion to modify these guidelines/procedures to align with federal laws, rules and regulations. At the time of the adoption of these Operating Guidelines, HUD has issued waivers and suspensions of HOME regulations due to COVID 19. The changes to the HOME regulations shall be in effect until December 31, 2020 unless otherwise modified by HUD. (Appendix K.) 13 As applicable,the City and Service Providers shall both implement the requirements regulations of the Violence Against Women Reauthorization Act of 2013 (VAWA) per the provisions outlined in 24 CFR 92.359 and 24 CFR 5,Subpart L. Service Providers shall also implement the applicable VAWA requirements related to the City's Emergency Transfer Plan,as required by 24 CFR 92.359(g) and included as Appendix K,for all applicants to the TBRA Program, and all TBRA recipients for the period that tenant based rental assistance is provided. Moreover,all leases that are approved by the Service Providers shall contain the City's required VAWA lease term/addendum per 24 CFR 92.359(e), and included as Appendix L. 14 Exhibit A - Appendix A Sample TBRA Application (Pre-Application) Client Phone Assessment for Homeless Prevention & Rapid Re-housing Appointments Client Name: Phone Number: 1. Do you have ties to Huntington Beach?What are they?Do you have documentation? 2. What is your current income(must be ash under 60%)? ••. H D @ a n: ' AM(: _% T f?eson Peron rson "e .r's5 Persut 6 Persan �'7 Pe!sa 8t Person` 0-30% $33,150 $37,900 $42,650 $47,350 $51,150 $54,950 $58,750 $62,550 30-50% $55,250 $63,100 $71,050 $78,900 $85,250 $91,550 $97,850 $104,150 50-80% $88,400 $101,000 $113,650 $126,250 $136,350 $146,450 $156,550 $166,650 3. Are you currently housed?Must have copy of lease agreement a. If housed, how many months of rent are you currently behind? Program can only assist with current and future months; cannot assist with back rent or utilities b. If not housed,must have documentation that they were homeless the night prior to enrollment Housed Do you have a housing voucher?: In what city do you live: Amount of Rent: Amount you are able to pay: _ Do you have a rental agreement/lease?: Do you have a 3 day notice or notice to"Pay or Quit"Nacate? Homeless How long have you been homeless?: Where are you sleeping?: If in motel,what's the weekly rent: What Motel(city): What city did you last live w/a rental agreement or lease: Have you had 4 or more episodes of homelessness in the last 3 year or been homeless for one who year?: We have a program for persons with a disability, is that something you or someone in your HH would be eligible for?: - If yes, please refer them to SHP. Monthly income: Source of income: Size of household: How did you hear about Mercy House? Have you ever stayed at a Mercy House Facility?Which one? • Have you applied or been assisted by an agency before?Who,When&with what? What is the crises that led you to your inability to pay rent or become homeless? Our assistance is only temporary. What is your plan to pay rent in the future? Is this client eligible?If yes why and what did you do with them, made an appointment,put on waiting list,etc...? If client is NOT eligible,why not?Did you give them referrals? If you were unable to speak with them,what happened?Did you leave a message,#disconnected,etc...?_ Additional Case Manager Phone intake Notes Date of Appointment: Time: Location: Required documentation client must bring to First Appointment: 1. CA DUID for all household members over 18 2. Social Security Cards for ALL household members 3. Rental Agreement(please include all pages and make sure it is signed by you and the landlord) 4. 3 day notice(for at-risk clients, if applicable) 5. One month's worth of income documentation for all sources of income for all household members 6. Most recent bank statements for any and all accounts for all household members a. 3 months of statements for RRP b. 1 statement for EFSP Name of person who did intake: Date: Exhibit A - Appendix B Sample TBRA Application (Full-Application) HOME Tenant-Based Rental Assistance (TBRA) Program APPLICATION APPLICANT NAME: • CURRENT ADDRESS: CITY,STATE,ZIP CODE: HOME PHONE: ALTERNATE PHONE: EMAIL ADDRESS: HOUSEHOLD COMPOSITION (List the Head of Household and all other members who will be living in the unit. Give the relationship of each family member to the head.) FULL NAME RELATIONSHIP BIRTHDATE AGE SEX SOCIAL SECURITY NO. HUNTINGTON BEACH RESIDENCY Are you a resident of the city of Huntington Beach: 0 Yes 0 No Last permanent address: (Application must include proof of Huntington Beach residency or proof of employment in Huntington Beach) U.S.VETERANS PREFERENCE Are you a U.S.veteran that has been released or discharged under honorable conditions? 0 Yes❑ No (Application must include proof of service and honorable discharge paperwork) ELIGIBILITY REQUIREMENTS Eligibility is limited to individuals and families who are currently homeless or residing in a transitional housing facility and meet one of the following conditions(please check the appropriate box and attach documentation verifying status): ❑ Documentation from a Huntington Beach school that the children in the household have been enrolled in and attending the school for at least the last 90 days from the time of admission into the Program. ❑ Documentation from a partner agency, such as the Huntington Beach Police Department, evidencing that the family is known to be homeless in Huntington Beach. ❑ Proof that the applicant's last place of stable residency was in the City of Huntington Beach. Verification from a landlord is acceptable. ❑ Proof that an adult member of the household is working or has been recently hired to work in Huntington Beach. Households must meet at least one of the following criteria or met one of the following criteria prior to entering into a current transitional housing program(Check the appropriate box and attach documentation verifying status): ❑ Sleeping in an emergency shelter; ❑ Sleeping in a place not meant for human habitation,such as,cars,parks,abandoned buildings,streets/sidewalks; ❑ Staying in a hospital or other institution for up to 180 days but was sleeping in an emergency shelter or other place not meant for human habitation (cars, parks, streets, etc.)immediately prior to entry into the hospital or institution; ❑ Victims of domestic violence;and ❑ Those at-risk of homelessness. HOUSEHOLD INCOME AND BENEFITS What is the total gross monthly income of all household members? (Please include wages,salaries and tips, social security, TANF, child support, alimony, regular monetary contributions from family and/or friends, or other benefits). If additional space is needed, please attach separate sheets. NAME GROSS MONTHLY AMOUNT SOURCE OF INCOME(I.E.WAGES,SSI,SSD, TANF,DISABILITY,ANNUITIES, RETIREMENT,CHILD SUPPORT,ETC). ASSET INFORMATION List the type and source of any family assets. Provide both the current cash value and the estimated annual income from the asset. NAME TYPE AND SOURCE OF ASSET(BANK CASH VALUE OF ANNUAL INCOME ACCOUNTS,INVESTMENTS,ETC.) ASSET FROM ASSET • OTHER SECTION 8 WAITING LISTS ARE YOU CURRENTLY ON A WAITING LIST TO RECEIVE SECTION 8 RENTAL ASSISTANCE(I.E. HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO,UPLAND HOUSING AUTHORITY,ETC.) ❑ YES ❑ No IF YES,PLEASE LIST WHICH PUBLIC HOUSING AUTHORITY: (NAME) (ADDRESS AND PHONE NUMBER) APPLICATION CERTIFICATION: I/we understand that the above information is being collected to determine if Uwe are eligible to receive rental assistance. I/we authorize the Mercy House and the City of Huntington Beach to verify all information provided on this application. • HEAD OF HOUSEHOLD SIGNATURE AND SIGNATURE OF ALL OTHER HOUSEHOLD MEMBERS DATE AND DATE SIGNATURE OF ALL OTHER HOUSEHOLD SIGNATURE OF ALL OTHER HOUSEHOLD MEMBERS MEMBERS AND DATE AND DATE • SIGNATURE OF ALL OTHER HOUSEHOLD SIGNATURE OF ALL OTHER HOUSEHOLD MEMBERS MEMBERS AND DATE AND DATE Exhibit A - Appendix C Declaration of Homelessness DECLARATION OF HOMELESSNESS STATUS Applicant Name: ❑ I certify, under penalty of perjury, that following information is true and complete: Applicant Signature: Date: *T=Third Party/O=Observation/S=Self-certification Attach Third Party verification documentation and Intake Observation statements behind this form Verification Type T/O/S*/Notes Situation 1 ❑ An individual or family who lacks a fixed, regular,and adequate nighttime residence,meaning Check one of the following ,,,;,, ❑ An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station,airport, or camping ground. (T-not required for emergency shelter or street outreach) ❑ An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements(including congregate shelters,transitional housing,and hotels and motels paid for by charitable organizations or by federal, state,or local government programs for low-income individuals) ❑ An individual who is exiting an institution where he or she resided for 90 days or less AND who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.(0-not allowed) Verification Type T/O/S*/Notes Situation 2 , r ❑ An individual or family who will imminently lose their primary nighttime residence, provided that: y y' The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance AND No subsequent residence has been identified AND The individual or family lacks the resources or support networks, e.g.,family,friends,faith-based or other social networks, needed to obtain other permanent housing Verification Type T/O/S*/Notes Situation 3 Vittftl ❑ Unaccompanied youth under 25 years of age,or families with children and youth,who do not otherwise qualify ZPi �' �;4 as homeless under this definition, but who . . ;:, qualifies as"homeless"under another federal statute AND(Only T is allowed) have not had a lease,ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance AND(0 is not allowed) have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance AND(0 is not allowed) can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions,substance addiction, histories of domestic violence or childhood abuse (including neglect),the presence of a child or youth with a disability, OR two or more barriers to employment, which include the lack of a high school degree or General Education Development(GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity,and a history of unstable employment; (S is not allowed 0 is not allowed for barriers to employment) Safety should never be put at risk in order to obtain documentation under this situation. If the provider is a DV Verification Type provider self-certification sufficient. For non-DV providers, if there is no threat of safety supporting verification T/O/S*/Notes should be provided. Situation 4- nj ' ❑ Any individual or family who Is fleeing, or is attempting to flee, domestic violence,dating violence,sexual assault,stalking,or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child,that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence AND has no other residence AND lacks the resources or support networks, e.g.,family,friends,faith-based or other social networks,to obtain other permanent housing DECLARATION OF HOMELESSNESS STATUS (continued) Applicant Name: Staff Certification I understand that third-party verification is the preferred method of certifying homelessness or risk for homelessness for an individual who is applying for assistance. I understand self declaration is only permitted when I have attempted to but cannot obtain third party verification. Describe in detail efforts made for Third Party verification and attach documentation behind this form (email, phone logs, etc...) Staff Signature: Date: Exhibit A - Appendix D HQS Inspection Checklist Inspection Checklist U.S. Department of Housing OMB Approval No.2577-0169 and Urban Development (Exp.9/30/2012) Housing Choice Voucher Program Office of Public and Indian Housing Public reporting burden for this collection of information is estimated to average 0.50 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.This agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless that collection displays a valid OMB control number. Assurances of confidentiality are not provided under this collection. This collection of information is authorized under Section 8 of the U.S.Housing Act of 1937(42 U.S.C.1437f). The information is used to determine if a unit meets the housing quality standards of the section 8 rental assistance program. Privacy Act Statement.The Department of Housing and Urban Development(HUD)is authorized to collect the information required on this form by Section 8 of the U.S.Housing Act of 1937(42 U.S.C.1437f).Collection of the name and address of both family and the owner is mandatory. The information is used to determine if a unit meets the housing quality standards of the Section 8 rental assistance program.HUD may disclose this information to Federal,State and local agencies when relevant to civil,criminal,or regulatory investigations and prosecutions.It will not be otherwise disclosed or released outside of HUD,except as permitted or required by law.Failure to provide any of the information may result in delay or rejection of family participation. Name of Family Tenant ID Number Date of Request(mm/dd/yyyy) N/A Inspector Neighborhood/Census Tract Date of Inspection(mm/dd/yyyy) N/A Type of Inspection Date of Last Inspection(mm/dd/yyyy) PHA ❑Initial El Special El Reinspection N/A A. General Information Inspected Unit Year Constructed(my) Housing Type(check as appropriate) Full Address(including Street,City,County,State,Zip) Single Family Detached Duplex or Two Family Row House or Town House Low Rise:3,4 Stories, Including Garden Apartment � g H Number of Children in Family Under 6 tHigh Rise,5 or More Stories_ _ Manufactured Home • Owner _ Congregate Name of Owner or Agent Authorized to Lease Unit Inspected Phone Number _ Cooperative _ Independent Group Residence Address of Owner or Agent Single Room Occupancy _ Shared Housing Other B. Summary Decision On Unit (To be completed after form has been filled out) _ Pass Number of Bedrooms for Purposes Number of Sleeping Rooms _ Fail of the FMR or Payment Standard Inconclusive Inspection Checklist Item Yes No In- Final Approval No. 1. Living Room Pass Fail Conc, Comment Date(mm/dd/yyyy) 1.1 Living Room Present 1.2 Electricity 1.3 Electrical Hazards 1.4 Security 1.5 Window Condition 1.6 Ceiling Condition 1.7 Wall Condition 1.8 Floor Condition Previous editions are obsolete Page 1 of 7 form HUD-52580 (3/2001) ref Handbook 7420.8 * Room Codes: 1 =Bedroom or Any Other Room Used for Sleeping(regardless of type of room); 2=Dining Room or Dining Area; 3= Second Living Room,Family Room,Den,Playroom,TV Room; 4= Entrance Halls,Corridors,Halls,Staircases; 5= Additional Bathroom; 6=Other item 1. LivingRoom (Continued) ves No In- Final Approval No. Pass Fail Conc. Comment Date(mm/dd/yyyy) 1.9 Lead-Based Paint ❑ Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 2. Kitchen 2.1 Kitchen Area Present 2.2 Electricity 2.3 Electrical Hazards 2.4 Security 2.5 Window Condition 2.6 Ceiling Condition 2.7 Wall Condition 2.8 Floor Condition 2.9 Lead-Based Paint ❑ Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 2.10 Stove or Range with Oven 2.11 Refrigerator 2.12 Sink 2.13 Space for Storage, Preparation,and Serving of Food 3. Bathroom 3.1 Bathroom Present 3.2 Electricity 3.3 Electrical Hazards 3.4 Security 3.5 Window Condition 3.6 Ceiling Condition 3.7 Wall Condition 3.8 Floor Condition 3.9 Lead-Based Paint ❑ Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 3.10 Flush Toilet in Enclosed Room in Unit 3.11 Fixed Wash Basin or Lavatory in Unit 3.12 Tub or Shower in Unit 3.13 Ventilation Previous editions are obsolete Page 2 of 7 form HUD-52580 (3/2001) ref Handbook 7420.8 Item 4. Other Rooms Used For Living and Halls Yes No In- Final Approval No. Pass Fail Conc. Comment Date(mm/ddlyyyy) 4.1 Room Code*and (Circle One) (Circle One) Room Location �: Center Right/Center/LeftRear Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Lead-Based Paint El Not Applicable Are all painted surfaces free of deteriorated paint'? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 4.10 Smoke Detectors 4.1 Room Code*and (Circle One) (Circle One) Room Location Center Right/Center/Left Rear Front/Center/Rear _Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Lead-Based Paint El Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 4.10 Smoke Detectors 4.1 Room Code*and (Circle One) (Circle One) Room Location Left Right/Center/Left Front Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition • 4.9 Lead-Based Paint 0 Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 4.10 Smoke Detectors Previous editions are obsolete Page 3 of 7 form HUD-52580 (3/2001) ref Handbook 7420.8 Item 4. Other Rooms Used For Living and Halls Yes No In- Final Approval No. Pass Fail Cone. Comment Date(mm/dd/yyyy) 4.1 Room Code*and (Circle One) (Circle One) Room Location Right/Center/Left =ront/Center/Rear _Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wail Condition 4.8 Floor Condition 4.9 Lead-Based Paint 0 Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 4.10 Smoke Detectors 4.1 Room Code*and El (Circle One) (Circle One) Room Location Right/Center/Left =ronUCenter/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition • 4.7 Wall Condition 4.8 Floor Condition 4.9 Lead-Based Paint El Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed two square feet per room and/or is more than 10%of a component? 4.10 Smoke Detectors . 5. All Secondary Rooms (Rooms not used for living) 5.1 None Go to Part 6 5.2 Security 5.3 Electrical Hazards 5.4 Other Potentially Hazardous Features in these Rooms Previous editions are obsolete Page 4 of 7 form HUD-52580 (3/2001) ref Handbook 7420.8 Item 6.Building Exterior Yes No In- Final Approval No. Pass Fail Conc. Comment Date(mmlddlyyyy) 6.1 Condition of Foundation I 6.2 Condition of Stairs, Rails, and Porches 6.3 Condition of Roof/Gutters 6.4 Condition of Exterior Surfaces 6.5 Condition of Chimney 6.6 Lead Paint: Exterior Surfaces Not Applicable Are all painted surfaces free of deteriorated paint? If not,do deteriorated surfaces exceed 20 square feet of total exterior surface area? 6.7 Manufactured Home: Tie Downs 7. Heating and Plumbing 7.1 Adequacy of Heating Equipment 7.2 Safety of Heating Equipment 7.3 Ventilation/Cooling 7.4 Water Heater 7.5 Approvable Water Supply 7.6 Plumbing 7.7 Sewer Connection 8. General Health and Safety 8.1 Access to Unit 8.2 Fire Exits 8.3 Evidence of Infestation 8.4 Garbage and Debris 8.5 Refuse Disposal 8.6 Interior Stairs and Commom Halls 8.7 Other Interior Hazards 8.8 Elevators 8.9 Interior Air Quality 8.10 Site and Neighborhood Conditions 8.11 Lead-Based Paint: Owner's Certification IEl Not Applicable If the owner is required to correct any lead-based paint hazards at the property including deteriorated paint or other hazards identified by a visual assessor,a certified lead-based paint risk assessor,or certified lead-based paint inspector,the PHA must obtain certification that the work has been done in accordance with all applicable requirements of 24 CFR Part 35.The Lead-Based Paint Owner Certification must be received by the PHA before the execution of the HAP contract or within the time period stated by the PHA in the owner HQS violation notice. Receipt of the completed and signed Lead-Based Paint Owner Certification signifies that all HQS lead-based paint requirements have been met and no re-inspection by the HQS inspector is required. Previous editions are obsolete Page 5 of 7 form HUD-52580 (3/2001) ref Handbook 7420.8 C. Special Amenities (Optional) This Section is for optional use of the HA.It is designed to collect additional information about other positive features of the unit that may be present. Although the features listed below are not included in the Housing Quality Standards,the tenant and HA may wish to take them into consideration in decisions about renting the unit and the reasonableness of the rent. Check/list any positive features found in relation to the unit. 1. Living Room 4. Bath High quality floors or wall coverings Special feature shower head I I Working fireplace or stove Balcony, n Built-in heat lamp n patio,deck, porch Special windows n Large mirrors n or doors n Glass door on shower/tub n Exceptional size relative to needs of family n Separate dressing room n Other: (Specify) Double sink or special lavatory Exceptional size relative to needs of family Other: (Specify) 2. Kitchen n Dishwasher n Separate freezer n Garbage disposal Eating counter/breakfast nook Pantry or abundant shelving or cabinets 5. Overall Characteristics Double oven/self cleaning oven, microwave n Double sink Storm windows and doors High quality cabinets Other forms of weatherization(e.g., insulation,weather Abundant counter-top space stripping)Screen doors or windows n Modem appliance(s) n Good upkeep of grounds(i.e.,site cleanliness, landscaping, n Exceptional size relative to needs of family condition of lawn) Other: (Specify) n Garage or parking facilities n Driveway n Large yard n Good maintenance of building exterior n Other: (Specify) 3. Other Rooms Used for Living High quality floors or wall coverings n Working fireplace or stove Balcony, n patio,deck,porch Special windows 6. Disabled Accessibility n or doors n Exceptional size relative to needs of family Unit is accessible to a particular disability. n Yes n No ❑Other:(Specify) Disability D. Questions to ask the Tenant (Optional) 1. Does the owner make repairs when asked? Yes V No ❑ 2. How many people live there? 3. How much money do you pay to the owner/agent for rent?$ 4. Do you pay for anything else?(specify) 5. Who owns the range and refrigerator? (insert 0=Owner or T=Tenant) Range Refrigerator Microwave 6. Is there anything else you want to tell us?(specify) Yes n No n Previous editions are obsolete Page 6 of 7 form HUD-52580 (3/2001) ref Handbook 7420.8 E. Inspection Summary/Comments (Optional) Provide a summary description of each item which resulted in a rating of"Fail"or"Pass with Comments." Tenant ID Number Inspector Date of Inspection(mm/dd/yyyy) Address of Inspected Unit Type of Inspection Initial ❑ Special ❑ Reinspection ❑ Item Number Reason for"Fail"or"Pass with Comments"Rating PASS Resident Signature: Date: Mercy House Leasing agent: Date: Continued on additional page ❑ Yes ❑ No Previous editions are obsolete Page 7 of 7 form HUD-52580 (3/2001) ref Handbook 7420.8 • Exhibit A - Appendix E Rent Reasonableness Checklist ERcYHCUSE RENT REASONABLENESS AND FAIR MARKET RENT CERTIFICATION Proposed Unit Unit#1 Unit#2 Two comparable units must be Address identified in order Number of Bedrooms to certify Rent Square Feet Reasonableness. Type of Find listings for Unit/Construction comparable units Housing online (on Condition/Quality Craigslist or a Location/Accessibility similar site). Amenities ** Print out the Unit: listings and attach Site: them in back Neighborhood: pocket of folder as Age in Years proof. Utilities (type) Unit Rent Utility Allowance Gross Rent Handicap Accessible? CERTIFICATION: A. Rent $ $ $ Proposed Contract Rent + Utility Allowance= Proposed Gross Rent B. Compliance with Rent Reasonableness Rent[x]is[]is not reasonable in comparison to rent for other comparable unassisted units. C. Compliance with Fair Market Rents Rent[]does[x]does not exceed applicable Fair Market Rent of$ Final FY 2A24 gnat 2+E223 FMRs B Unit Bedrooms , ,.�. � «,E ...,e.... ,.,, �.��3..,. . tip. Rear.... Efficiency Orte-Bedioorn `Two-Bedroom 4 Thee-Bedroom Fout4tedroorrm' FY 2024 FMR. 52,200 $2;344 $2,783 53,769 54,467 FY 2023 FMR 1,93g, 2,1f3° S2,539 $3;448 S4,032 Name: Signature: Date: Exhibit A - Appendix F Lease Contract HOME TBRA RENTAL ASSISTANCE CONTRACT LANDLORD NAME&ADDRESS UNIT NO.&ADDRESS TENANT NAME Telephone No. This HOME Rental Assistance Contract("Contract")is entered into between Mercy House Living Centers ("program administrator")and the Landlord identified above. This Contract applies only to the Tenant family and the dwelling unit identified above. 1. TERM OF THE CONTRACT The term of this Contract shall begin on and end no later than , The Contract automatically terminates on the last day of the term of the Lease. 2. SECURITY DEPOSIT A. Mercy House Living Centers will pay a security deposit to the Landlord in the amount of$ The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. B. After the Tenant has moved from the dwelling unit,the Landlord may,subject to state and local law,use the security deposit,including any interest on the deposit,as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as •reimbursement to the Landlord,the Landlord shall promptly refund the full amount of the balance to the Mercy House Living Centers. C. The Landlord shall immediately notify the Mercy House Living Centers when the Tenant has moved from the Contract unit. 3. RENT AND AMOUNTS PAYABLE BY TENANT AND MERCY HOUSE LIVING CENTERS A. Initial Rent. The initial total monthly rent payable to the Landlord for the first twelve months of this Contract is$ B. Rent Adjustments. With no less than 30 days'notice to the Tenant and Mercy House Living Centers,the owner may propose a reasonable adjustment to be effective no earlier than the 13th month of this Contract. The proposed rent may be rejected by either the Tenant or Mercy House Living Centers. The Tenant may reject the proposed rent by providing the Landlord • HOME Rental Assistance Contract(Page Two) with 30 days'written notice of intent to vacate. If Mercy House Living Centers rejects the proposed rent, Mercy House Living Centers must give both the Tenant and the Landlord 30 days'notice of intent to terminate the Contract. C. Tenant Share of the Rent. Initially,and until such time as both the Landlord and the Tenant are notified by Mercy House Living Centers,the Tenant's share of the rent shall be$ D. Mercy House Living Center's Share of the Rent. Initially,and until such time as both the Landlord and Tenant are notified by Mercy House Living Centers,Mercy House Living Center's share of the rent shall be$ . Neither Mercy House Living Centers,the City of Huntington Beach,nor HUD assumes any obligation for the Tenant's rent,or for payment of any claim by the Owner against the Tenant. Mercy House Living Center's obligation is limited to making rental payments on behalf of the Tenant in accordance with this Contract. • E. Payment Conditions. The right of the owner to receive payments under this Contract shall be subject to compliance with all of the provisions of the Contract. The Landlord shall be paid under this Contract on or about the first day of the month for which the payment is due. The Landlord agrees that the endorsement on the check shall be conclusive evidence that the Landlord received the full amount due for the month,and shall be a certification that: 1. The Contract unit is in decent,safe and sanitary condition,and that the Landlord is providing the services,maintenance and utilities agreed to in the Lease; 2. The Contract unit is leased to and occupied by the Tenant named above in this Contract; 3. The Landlord has not received and will not receive any payments as rent for the Contract unit other than those identified in this Contract;and 4. To the best of the Landlord's knowledge,the unit is used solely as the Tenant's principal place of residence. F. Overpayments. If Mercy House Living Centers determines that the Landlord is not entitled to any payments received,in addition to other remedies,Mercy House Living Centers may deduct the amount of the overpayment from any amounts due the Landlord,including the amounts due under any other Rental Assistance Coupon Contract. 4. HOUSING QUALITY STANDARDS AND LANDLORD-PROVIDED SERVICES A. The Landlord agrees to maintain and operate the Contract unit and related facilities to provide decent,safe and sanitary housing in accordance with 24 CFR Section 882.109,including all of the services, maintenance and utilities agreed to in the Lease. B. Mercy House Living Centers and the City of Huntington Beach shall have the right to inspect the Contract unit and related facilities at least annually,and at such other times as may be necessary to assure that the unit is in decent,safe,and sanitary condition,and that required maintenance,services and utilities are provided. C. If Mercy House Living Centers determines that the Landlord is not meeting these obligations,Mercy House Living Centers shall have the right,even if the Tenant continues in occupancy,to terminate payment of Mercy House Living Center's share of the rent and/or terminate the Contract. 5. TERMINATION OF TENANCY The Landlord may evict the Tenant following applicable state and local laws. The Landlord must give the Tenant at least 30 days'written notice of the termination and notify Mercy House Living Centers in writing when eviction proceedings are begun. This may be done by providing Mercy House Living Centers with a copy of the required notice to the tenant. 2IPage HOME Rental Assistance Contract(Page Three) 6. FAIR HOUSING REQUIREMENTS A. Nondiscrimination. The Landlord shall not,in the provision of services or in any other manner, discriminate against any person on the grounds of age,race,color,creed,religion,sex,handicap,national origin,or familial status. The obligation of the Landlord to comply with Fair Housing Requirements insures to the benefit of the United States of America,the Department of Housing and Urban Development, and Mercy House Living Centers,any of which shall be entitled to involve any of the remedies available by law to redress any breach or to compel compliance by the Landlord. B. Cooperation in Quality Opportunity Compliance Reviews. The Landlord shall comply with Mercy House Living Centers and with HUD in conducting compliance reviews and complaint investigations pursuant to all applicable civil rights statutes,Executive Orders and all related rules and regulations. 7. MERCY HOUSE LIVING CENTERS,THE CITY OF HUNTINGTON BEACH,AND HUD ACCESS TO LANDLORD RECORDS A. The Landlord shall provide any information pertinent to this Contract which Mercy House Living Centers, the City of Huntington Beach,or HUD may reasonably require. B. The Landlord shall permit Mercy House Living Centers,the City of Huntington Beach,HUD,or any of their authorized representatives,to have access to the premises and,for the purposes of audit and examination,to have access to any books,documents,papers,and records of the Landlord to the extent necessary to determine compliance with this Contract. 8. RIGHTS OF MERCY HOUSE LIVING CENTERS IF LANDLORD BREACHES THE CONTRACT A. Any of the following shall constitute a breach of the Contract: (1) If the Landlord has violated any obligation under this Contract;or (2) If the Landlord has demonstrated any intention to violate any obligation under this Contract;or (3) If the Landlord has committed any fraud or made any false statement in connection with the Contract, or has committed fraud or made any false statement in connection with any Federal housing assistance program. B. Mercy House's right and remedies under the Contract include recovery of overpayments,termination or reduction of payments,and termination of the Contract. If Mercy House Living Centers determines that a breach has occurred,Mercy House Living Centers may exercise any of its rights or remedies under the Contract. Mercy House Living Centers shall notify the Landlord in writing of such determination, including a brief statement of the reasons for the determination. The notice by Mercy House Living Centers to the landlord may require the Landlord to take corrective action by a time prescribed in the notice. • C. Any remedies employed by Mercy House Living Centers in accordance with this Contract shall be effective • as provided in a written notice by the Mercy House Living Centers to the Landlord. Mercy House Living Center's exercise or non-exercise of any remedy shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. 31Paae HOME Rental Assistance Contract(Page Four) 9. MERCY HOUSE LIVING CENTERS RELATION TO THIRD PARTIES A. Mercy House Living Centers does not assume any responsibility for,or liability to,any person injured as a result of the Landlord's action or failure to act in connection with the implementation of this Contract,or as a result of any other action or failure to act by the Landlord. B. The'Landlord is not the agent ofMercy House Living Centers and this Contract does not create or affect any relationship between Mercy House Living Centers and any lender to the Landlord,or any suppliers, employees,contractors or subcontractors used by the Landlord in connection with this Contract. C. Nothing in this Contract shall be construed as creating any right of the Tenant or a third party(other than HUD or the City of Huntington Beach)to enforce any provision of this Contract or to asses any claim against HUD,the City of Huntington Beach,Mercy House Living Centers,or the Landlord under this Contract. 10. CONFLICT OF INTEREST PROVISIONS A. No employee of Mercy House Living Centers who formulates policy or influences decisions with respect to the Tenant-Based Rental Assistance Program,and no public official or member of a governing body or state of local legislator who exercise his functions or responsibilities with respect to the program shall have any direct or indirect interest during this person's tenure,or for one year thereafter,in this contract or in any proceeds or benefits arising from the Contract or to any benefits which may arise from it. 11. TRANSFER OF THE CONTRACT The Landlord shall not transfer in any form this Contract without the prior written consent of Mercy House Living Centers. Mercy House Living Centers shall give its consent to a transfer if the transferee agrees in writing(in a form acceptable to Mercy House Living Centers)to comply with all terms and conditions of this Contract. 12. ENTIRE AGREEMENT: INTERPRETATION A. This Contract contains the entire agreement between the Landlord and Mercy House Living Centers. No changes in this Contract shall be made except in writing signed by both the Landlord and Mercy House Living Centers. B. The Contract shall be interpreted and implemented in accordance with HUD requirements. 41Page HOME Rental Assistance Contract(Page Five) 13. WARRANTY OF LEGAL CAPACITY AND CONDITION OF UNIT A. The Landlord warrants the unit is in decent,safe,and sanitary condition as defined in 24 CFR Section 882.109,and that the Landlord has the legal right to lease the dwelling unit covered by this Contract during the Contract term. B. The party,if any,executing this Contract on behalf of the Landlord hereby warrants that authorization has been given by the Landlord to execute it on behalf of the Landlord. Landlord Name(Type or Print): Mercy House Living Centers Representative(Type of Print): (Signature/Date) (Signature/Date) WARNING: 18 U.S.C. 1001 provides,among other things,that whoever knowingly and willingly makes or uses a document or writing containing any false,fictitious,or fraudulent statements or entries,in any matter within the jurisdiction of any department or agency of the United States,shall be fined not more than$10,000,or imprisoned for not more than five years,or both. LANDLORD'S CHECK TO BE MAILED TO: SS NO. NAME(S) ADDRESS SIGNATURE OF OWNER DATE SIGNATURE OF OWNER DATE 5IPage Exhibit A - Appendix G Lease Addendum • HOME LEASE ADDENDUM TENANT LANDLORD UNIT NO. &ADDRESS , This lease addendum adds the following paragraphs to the Lease between the Tenant and Landlord referred to above. A. Purpose of the Addendum. The lease for the above-referenced unit is being amended to include the provisions of this addendum because the Tenant has been approved to receive rental assistance under the Huntington Beach HOME Rental Assistance Program. Under the Rental Assistance Program, Mercy House Living Centers will make monthly payments to the Landlord on behalf of the Tenant. The Lease has been signed by the parties on the condition that Mercy House Living Centers and Landlord will promptly execute a HOME Rental Assistance Contract. This Lease shall not become effective unless the Contract has been executed by both the Landlord and Mercy House Living Centers, effective the first day of the term of the Lease. B. Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail. C. Terms of the Lease. The term shall begin on and shall continue until: (1)the Lease is terminated by the Landlord in accordance with applicable state and local Tenant/Landlord laws; (2) the Lease is terminated by the Tenant in accordance with the Lease or by mutual agreement during the term of the Lease; or(3) termination of the HOME Rental Assistance Program Contract by Mercy House Living Centers. D. Rental Assistance Payment. Each month Mercy House Living Centers will make a rental assistance payment to the Landlord on behalf of the Tenant. This payment shall be credited by the Landlord toward the monthly rent payable by the Tenant. The balance of the • monthly rent shall be paid by the Tenant. E. Security Deposit (1) The(Tenant/Mercy House Living Centers) has deposited $ with the Landlord as a Security Deposit. The Landlord will hold this security deposit during the period the Tenant occupies the dwelling unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. (2) After the Tenant has moved from the dwelling unit, the Landlord may, subject to state and local laws, use the security deposit, including any interest on the deposit, as reimbursement for rent or any other amounts payable by the tenant under the Lease. The Landlord will give the Tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the Landlord,the Landlord shall promptly refund the full amount of the balance to the(Tenant/Mercy House Living Centers). F. Utilities and Appliances. The utilities and appliances listed in Column 1 are provided by the Landlord and included in the rent. The utilities and appliances listed in Column 2 below are not included in the rent and are paid separately by the Tenant. UTILITY/APPLIANCE Included in Rent Tenant Paid Garbage Collection Water/Sewer Heating Fuel(specify) Lights,electric Cooking Fuel (specify) Other(specify) Refrigerator Stove/Range G. Household Members. Household members authorized to live in this unit are listed below. The Tenant may not permit other persons to join the Household without notifying Mercy House Living Centers and obtaining the Landlord's permission. Household members: H. Housing Quality Standards. The Landlord shall maintain the dwelling unit, common areas, equipment,facilities and appliances in decent, safe, and sanitary condition (as determined by Section 8 Housing Quality Standards). I. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local laws. The landlord must provide the Tenant with at least 30 days'written notice of the termination. The Landlord must notify Mercy House Living Centers in writing when eviction proceedings are begun. This may be done by providing Mercy House Living Centers with a copy of the required notice to the Tenant. J. Prohibited Lease Provision. Any provision of the Lease which falls within the classifications below shall not apply and not be enforced by the Landlord. (1) Confession of Judgment. Consent by the Tenant to be sued,to admit guilt, or to a judgment in favor of the landlord in a lawsuit brought in connection with the Lease. (2) Treatment of Property. Agreement by the Tenant that the Landlord may take or hold the Tenant's property, or may sell such property without notice to the Tenant and a court decision on the rights of the parties. (3) Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold the Landlord or Landlord's agent legally responsible for any action or failure to act,whether intentional or negligent. (4) Waiver of Legal Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant. (5) Waiver of Court Proceedings for Eviction. Agreement by the • Tenant that the Landlord may evict the Tenant Family(i)without instituting a civil court proceedings in which the Family has the opportunity to present a defense, or(ii)before a decision by the court on the rights of the parties. (6) Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant's right to a trial by jury. (7) Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's right to appeal a court decision or waive the Tenant's right to sue to prevent a judgment from being put into effect. (8) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of the Lawsuit. Agreement by the Tenant to pay lawyer's fees or other legal costs whenever the Landlord decides to sue,whether or not the Tenant wins. K. Nondiscrimination. The Landlord shall not discriminate against the Tenant in the provision of services, or in any other manner, on the grounds of age, race, color, creed, religion, sex, handicap, national origin, or familial status. TENANT SIGNATURES LANDLORD SIGNATURES By: LANDLORD NAME: (Type or Print Name of Tenant Representative) By: (Signature/Date) (Type or Print Name of Landlord Representative) By: (Type or Print Name of Tenant Representative) (Signature/Date) (Signature/Date) Exhibit A - Appendix H Participant Agreement HB TBRA Client Assistance/Participation Agreement Agreement between (HOH name) and (Program Name) You have been approved for financial assistance for a period of months (not more than 3 months) in the amount of: Months 1 —6: Your total rent: $ Mercy House cost: $ Client cost: $ Projected Program Exit Date: I understand that receipt of this assistance is contingent upon my agreeing to and complying with the programs requirements outlined below. I further understand that financial assistance has been approved for a period of_months. I agree to the following: • Provide accurate and honest information to my case manager or other agency staff. • Meet with my case manager at intervals established in my housing and service plan. • Work collaboratively with my case manager to establish a housing and service plan and take necessary steps to achieve the goals outlined in this plan. • Provide current proof of income at any point in which my income increases or decreases. • Pay my portion of the rent on time every month and immediately advise my case manager if I have trouble doing so. • Provide any documentation required by my case manager as it pertains to my services plan, rent or income (i.e. attendance record for job training, proof of debt payments, etc.) • Sign a release of information so that my case manager can collaborate with other service providers that I'm working with. • Have a written lease or rental agreement for my apartment with a verified landlord,who is willing to provide requested documentation. • I may not sublet my unit or have anyone not already on the lease or rental agreement staying there for an extended period of time. • I must comply with all the requirements of my lease. My signature as the head of household represents that I understand what is expected of me and all my household members. I understand that Mercy House is not responsible for my lease/rental agreement. Financial assistance will only be paid on my behalf if I am in full compliance with the program requirements and lease/rental agreement. I also understand that this assistance is projected to end on Head of Household Name Head of Household Signature Date HS Case Manager Name HS Case Manager Signature Date Note:this form is signed by the head of household on behalf of all household members. Exhibit A - Appendix I Utility Allowance .... „ Community Resources 2024 Utility Allowance Schedule The following utility allowances will be used by the Orange County Housing Authority for administration of the Housing Choice Voucher Program effective October 1, 2023. Bedroom 0 1 2 3 4 5 Cooking 4 4 7 9 12 13 • Heating 16 18 21 22 25 27 Water Heating 9 10 14 20 26 31 Natural Gas Base Charge 4 4,z+ 1 . c ify -', 44 E1ectl"C#'.., i ll 1,« a w Basic 30 35 49 65 82 100 Cooking 10 11 17 21 27 32 Heating 19 22 25 28 30 35 Water Heating 25 30 38 46 55 63 Air Conditioning 11 13 19 23 30 41 Water 45 49 71 104 138 171 Sewer 7 7 7 7 7 7 Trash 23 Refrigerator 12 Stove 11 Note: Effective October 1, 2023, OCHA will allow Affordable Housing developments with OCHA project-based vouchers to request a waiver to establish a site-specific Utility Allowance schedule calculated using the California Utility Allowance Calculator. For more information on the waiver process, please contact our project-based voucher team at (714) 480-2765. OC HOUSING AUTHORITY 1501E.ST.ANDREWPLACE,FIRSTFLOOR,SANTAANA,CA92705 I PHONE(714)480-2700FAX(714)480-2945 { Exhibit A - Appendix J Case Management and Self-Sufficiency Program Policies and Procedures MERCYàHOUS' E Case Management Guidelines and Written Standards HOME TBRA PROGRAM Table of Contents I. Introduction 3 A. Program Overview 3 B. Housing First Policies 3 II. Housing Search and Move-In 4 A. Housing History and Search Plan 4 _ B. Participant Agreement 4 C. Move-In 5 III. Housing Stability 6 A. Case Management 6 Housing stability case management 6 Individualized Housing Stabilization Plans 6 Housing Barriers Assessment 7 Strengths Assessment Tool 7 Exit Planning Tool 7 B. Supportive Services 8 Referral Procedures 9 C. Length of Assistance/Recertification 9 IV. Program Exit 11 Involuntary Termination Policy 11 Voluntary Termination Process 12 Termination Appeal Process 13 HMIS Exit 14 V. Grievance Procedure 14 Section 504 Grievance Procedure 15 2 I. Introduction A. Program Overview The HOME TBRA Program is targeted to homeless families and individuals. The goal of the program is to provide homeless households temporary financial assistance, housing relocation and stabilization services and provide resources that will enable them to maintain their housing once assistance has been expended. The program may provide; temporary financial assistance which may include deposit assistance and rental assistance, housing relocation and stabilization services, referrals to community resources, agency partners, and mainstream benefits to help households maintain stability. During their time in the program, households will work closely with a Housing Stability Specialist (HSS)to; secure housing and set housing stabilization goals. The HOME TBRA Program assistance is not intended to provide long-term support or to provide all supportive service needs that affect housing stability. The program instead is part of a plan made in partnership with the family and other community resources, agency partners, and mainstream benefits to help households regain stability. B. Housing First Policies Housing First is a program model designed for individuals and families who have complex service needs and are often turned away from homeless assistance programs. In applying Housing First principles to our HOME TBRA programs, Mercy House incorporates the following core elements to our program: • Program participant eligibility promotes the acceptance of individuals and families regardless of their sobriety status, employment status or participation in services. • Individuals and families may not be rejected from the program on the basis of poor credit or financial history, poor or lack of rental history, or behaviors that indicate lack of "housing readiness". • While not a Mercy House policy or prohibition, program participants with criminal convictions may be subject to landlord and property management requirements and terms of tenancy. • Mercy House accepts referrals from the Orange County Coordinated Entry System, which may include individuals and families residing in shelters, street outreach, drop-in centers, and other types of crisis responses systems that are frequented by vulnerable people experiencing homelessness. 3 • Supportive and stabilization services are offered to all program participants, but not made mandatory as a condition of tenancy. There is an emphasis on engagement and problem-solving goals to help overcome and troubleshoot barriers to acquiring/re-acquiring and maintaining permanent housing. • Use of alcohol or drugs (without other lease violations) is not considered reason for eviction or program termination. Nonetheless, program participants are subject to landlord and property management requirements and terms of lease. II. Housing Search and Move-In A. Housing History and Search Plan As soon as a participant is enrolled, the HSS will work with the participant to identify; housing history, barriers, housing preferences, affordability and goals. The initial housing search plan lists only those things that are needed to develop and conduct.a successful housing search.The HSS and/or Leasing Agent may also provide them with leads on affordable housing options and properties with landlords that are agreeable to working with the program. The clients search plan may include: • Helping participants to complete application paper work and submit to leasing agents • Assisting participates with preparing to make personal contact with landlords (including dress, cleanliness, and presentation) when applying for housing. • Assisting participants to follow up with landlords, and/or a Mercy House Leasing Agent once a unit is identified to ensure paperwork needed to secure the unit and move in is complete. During this time, most of the focus of the case management relationship is on the housing search. However, participants may need other supports as well, including assistance gaining income, handling health or mental health issues, or other needs. B. Participant Agreement The client must sign a participation agreement that demonstrates their willingness to participate in case management and other terms including: • Provide accurate and honest information to the HSS or other agency staff. • Meet with their HSS at intervals established in their housing and service plan. • Work collaboratively with their HSS to establish a housing and service plan and take necessary steps to achieve the goals outlined in the 4 plan. • Provide current proof of income for subsidy recertification meetings. • Pay their portion of the rent on time every month and immediately advise their HSS if I have any trouble doing so. • Provide any documentation required by their HSS as it pertains to their services plan, rent or income (i.e. attendance record for job training, proof of debt payments, etc.) • Notify their HSS of any changes in income. • Sign a release of information so that their HSS can collaborate with any other service providers that they are working with. • Have a written lease for their apartment with a legitimate landlord. They may not sublet their unit or have anyone not already approved staying there for an extended period of time without the program approval. They must comply with all the requirements of their lease. C. Move-In Once the participant has located a unit and the unit has been approved by Mercy House the HSS, accompanied by a Leasing Agent whenever possible, will schedule a move in appointment with the client at the apartment complex. At the Move In appointment the following will take place: • The HSS will read through the terms of the lease agreement with the client. The client may also opt to read through the documents on their own if they so desire and ask any questions to gain greater clarity. • When needed the client will be given guidance on how to access local resources in the area including public transportation, food banks and grocery stores as well as other local amenities to fit their needs. • The client may be provided with furniture and/or a welcome basket upon move in. • The client will be introduced to the property manager and made sure that they have contact information for the property manager, HSS for any and all ongoing needs. 5 Ill. Housing Stability A. Case Management The HOME TBRA case management philosophy is to provide the support necessary to help the household to retain housing once it is secured and to secure resources and make connections in the community that can help to sustain them after the program is over. The program is intended to be compassionate, individualized and Housing First oriented.Services are voluntary and participant may not be required to participate in specific services or to fulfil other service or compliance expectations (such as entering treatment) to be assisted. Nonetheless, to achieve the income levels or other supports needed to sustain housing, participants are expected to be actively engaged in whatever self-determined goals they have set in their housing stability plan. In order to monitor progress in the goal of housing stability, acceptance into the program requires that participants meet with a case manager not less than once per month while they are receiving assistance. Housing stability case management includes: • Co-developing a housing stability plan with the participant and a crisis plan. • Using the VI-SPDAT to inform case management needs and goals, especially for behavioral health and primary health issues. • Assisting the participant to increase income through employment, benefits or a combination of the two, as needed to sustain housing. • Supporting the participant to develop tenancy skills and addressing issues that may arise once in housing, including tenancy challenges and isolation. • Supporting the development of money management skills • Making referrals to, and working with the client to secure, a range of supportive services that the participant may need or want in the community,which may include: o Material supports for basic needs such as furniture, food and clothing o Vocational or employment services o Health and mental health care o Substance abuse treatment or recovery services, if needed o Legal services Individualized Housing Stabilization Plans The Housing Stability Specialist will gather information from the client about past housing experiences or instability, health, education, employment, family history, substance use, history of domestic violence, personal aspirations and skills, law enforcement history, and goals. From this information, the Housing Stability Specialist will work with client, utilizing a strength-based approach, to determine the goals of the Individualized Housing Stabilization Plan. Individualized Housing Stabilization Plans reflect the goals of the individual served. Including the client in the process of developing the Individualized Housing Stabilization 6 Plan creates a higher level of commitment from the client and allows them to visualize their goals in a tangible plan. Together a date will be determined for each goal to be met, or for steps to be taken toward completion of the goals. The Housing Stability Specialist will track the progress of the goals and goals will be updated as needed. The plan may identify a number of areas in which the client needs additional support • including housing stabilization, financial, employment, credit counseling, life skills, sobriety, physical and mental health and others. The Housing Stability Specialist will provide resources and referrals to providers and others who can provide support for client to meet the goals. Once the goal is completed, they may set further related goals. Ongoing meetings will take place as clients stabilize and meet their goals. Clients will be encouraged to continue setting goals, personal and aspirational as well as those that are more imperative to ensure housing stability. Housing Barriers Assessment The VI-SPDAT provides us with valuable information on self-disclosed components of the client's history.Such elements include: mental health,wellness and cognitive thinking, physical health and wellness, medication, substance abuse history, experiences of abuse and/or trauma, risk of harm to self or others, involvement in high risk and/or exploitive situations, interaction with emergency services, legal involvement, managing tenancy, personal administration and money management, social relationships and networks, self-care and daily living skills, meaningful daily activities, and history of housing & homelessness. At entry we also engage clients in a dialogue about the reasons why they became homeless and what they believe they need in order to get back into stable housing. Strengths Assessment Tool A Strengths Assessment Tool enables us to identify each individual client's resources and motivations to create a path to housing and housing stabilization around them.These strengths often include resiliency, determination, resolve and desire to provide a safe environment for their children. Exit Planning Tool When HOME TBRA assistance is near completion it is important that clients begin to see themselves as capable agents in being able to support the stability of their housing on their own using the tools and resources we have provided them as a guide.To this extent we work with clients to develop an exit planning strategy that identifies their support networks, resources they can turn to, solutions to problems that may arise, steps they need to take to remain a good tenant and goals that they still may be working 7 toward.This exit planning tool helps to support a high rate of housing retention and reduction in homeless recidivism. B. Supportive Services Supportive services designed to meet the needs of the program participants are made available., In order to monitor progress in the goal of housing stability, acceptance into the program requires that participants meet with a case manager not less than once per month while they are receiving assistance.These meetings will be used to assist participants in obtaining appropriate supportive services, as well as connect them to other federal, state, local and private benefits and services for which they may be eligible. Program participants will work closely with a HSS to set housing stabilization goals and create a plan to maintain housing. Other supportive services provided to the client directly by Mercy House may include: • Housing search and counseling,which can include landlord mediation, credit counseling and payment of rental application fees • Life skills training such as budgeting, money management, household management, and other skills that may never have been learned or have been lost • Resources for Counseling • Benefits advocacy • Transportation assistance • Utility payments/deposits • Furniture • Food such as meals or groceries for program participants Mercy House may also provide referrals through partner agencies that include: • Education services including consumer education, health education, substance abuse prevention, literacy,. ESL and GED (can include the costs of tutoring, books, supplies, and instructional materials) • Employment assistance and job training • Legal services • Outpatient mental health services • Outpatient health services • Outpatient substance abuse treatment services • Other needs as presented by the program participant • Child Care Services • Housing subsidy programs such as voucher programs, VASH, EFSP, and PSH (as needed) 8 Referral Procedures A client's need for additional supportive services will be addressed in case management sessions. Mercy House Housing Stability Specialists are trained on resources that are available in the community and have access to electronic and other resource guides. Once a need is identified, the HSS will provide the client with a list of resource referrals, primary contact information and any other important information related to accessing the service. Clients with a lower level of acuity may opt to access the resource on their own. Clients with a higher level of acuity may be provided additional support to access the resource including arranging appointments and transportation to the service site. Bus passes and/or gas cards may be provided to client households as resources are available.The HSS may request these from the Program Manager. All bus passes and gift cards will be kept in a locked safe in a locked office or closet at all times when not in use. Mercy House staff members will not be permitted to transport guests under any circumstances in their personal vehicles. Once a HSS has provided a client with a resource referral they will include this referral in their case management meeting notes. At the subsequent case management session, the HSS will inquire as to the success of the resource connection. Here they will address and problem solve any.remaining challenges that may hinder the client's ability to access the resource and provide additional support where and as needed. If the resource referral was successful, the HSS will note this in both the case notes. C. Length of Assistance/Recertification The program is intended to be based on a progressive engagement model in which support is offered for a short period and only extended as necessary. Financial assistance may be extended to up to 24 months, if the household is determined to need continued assistance at recertification intervals (every 6 months). Continued assistance may be determined by need, eligibility, funding regulation and funding availability. Any participant who receives more than six (6) months of assistance needs to be formally reassessed and recertified for continued assistance. This is distinguished from the more frequent check-ins and meetings with the client, which should occur at least monthly and as needed, and are recorded in case notes. To continue to receive assistance, a program participant's recertification must demonstrate eligibility based on: 1. Lack of resources and support networks.The program participant's household must continue to lack sufficient resources and support networks to retain housing without program assistance. 9 2. Need. The case manager will determine the amount and type of assistance that the individual or family will need to (re)gain stability in permanent housing. 3. Income.The program participant household's annual income must be less than or equal to 80%of Area Median Income (AMI) Considerations for whether to continue assistance may be flexible but should focus on whether the participant has the means and capacity to be reasonably expected to retain their housing. Participant choice should also be considered. Other considerations may include the following: Indicators for closure Indicators for continuation Y ,t,, ` ice," 6� �$ r ` �. ,_.4 INCOME • Inco me, r call soure:007- ufiicient Cannotffiay rentfor next month ar"two tocosvr'Sren,eveifvey tight i c ,aka l bss fNornomeourceiabe Houins id surd �,, Q , � • 5,Specific incomeorsubsdyap proachn process "a s'£�,„fM • Basic gtoalsachieved that needs f tore time ' ' r' 3�'d s Rece �omec S M . ... >, t ,n. li. • Recent ittC r 0 "£ 5 i i LEASE l l• In compliance •Currently in violation of lease or serious complaints 4 • Landlord satisfied •Landlord acCepted:C(ierif only if longer term F 3 support provided • LINKS ii •OCher programs/resources have been otherresou/r/�ces are willin abte_to assist £ 5 fr4 . y, � ,YAK £ connect to and will provide needed sistarice i , i i CHOICE Program participant wants to • Program participant wants(and needs)additional , complete services and exit ( " assistance t ' ,,fl. B (adapted from materials from AbtAssociates) ,l Even if there has been little change in income, at the recertification the program may increase the client's portion of the rent. The client should be reminded that the program is short term and they may be required to pick up the full rent once assistance as ended. Once the recertification is completed, the participant should be notified whether they will continue to receive case management and/or financial assistance or not. 10 IV. Program Exit A client will be exited from the program once their financial assistance has been completed. Clients who remain in permanent housing and may need continued support or resource referrals may at any time reach out to their HSS and/or another Mercy House staff member for on-going support. Continued program assistance may be ended if a participant is inactive for an extended period, unable (or unwilling) to be reached, or consistently unwilling to make efforts consistent with the housing stability plan. Before any steps are taken to terminate a participant from the program, reasonable efforts will be made to offer additional assistance, including determining whether a different staff person should be assigned to the participant, and whether referral to another program is more suited for the participant. Efforts to address the issues should be documented and any recommendation for termination must be brought to a supervisor or to a team meeting. Whenever possible, termination from a program is limited to extenuating and severe circumstances. Housing assistance may be terminated if the program participant no longer meets certification qualification or if the participant violates program requirements. Between the time that a person is enrolled and before moving into housing, a participant may become inactive if they do not connect with provider for a month. After 30 days of inactive status, a client should be terminated from the program. If a participant is determined to be in continued or grave violation of the program rules, or has endangered staff or other tenants, a written Notice of Termination of Assistance will be provided containing a clear statement of the reasons for termination, the date on which the termination will become effective, and the grievance process. • Involuntary Termination Policy 1. Participants are to be given copies of both Program Agreement, grievance policy and this Termination Policy before participation begins. Participants shall acknowledge receipt of both documents in writing at program intake. 2. If at any time during the course of participation a Participant is not meeting their obligations to a standard lease contract or is in violation of program rules, the following shall apply: (a) The participant shall be given a verbal warning that they are out of compliance with either the lease or program rules. (If the issue remains unresolved after a verbal warning, go to (b)) 11 (b) The participant shall receive a written notice of program violation containing a reasonable period of time given to correct the issue. Generally 30 days. i. The participant shall work with their Housing Stabilization Case Manager to develop a written plan of action to correct the issue. The Participant shall retain a copy of the plan, and a copy shall be • maintained in the Participant's file. ii. If at the end of the designated time period the issue has been corrected, the program violation is resolved. If the issue remains unresolved, go to (c). (c) If the participant does not follow the written plan of action, or the violation is not resolved by the date listed on the Program Violation, the program may, at its discretion, move to terminate the participant from the program. i. Participants shall be given written notice of termination written in clear, easy to understand language,with a proposed date of termination. This date should not be fewer than 30 days from the date of notification. • The Housing Stabilization Case Manager shall make notice to the landlord that financial assistance to the participant will terminate on the date the given to the tenant. ii. This notice shall come from the Housing Stabilization Case Manager. iii. The notice shall list the specific violations that prompted the termination and the attempts at resolution offered by program staff. iv. The notice must contain contact information for appeal. Reference Termination Appeal Process. 3. Involuntary termination must be reserved for the most serious of cases. Voluntary Termination Process If a participant is voluntarily terminated from the program, e.g., reached the maximum length of stay, or no longer requires support services and has identified other suitable housing. The following applies; (a) Participants shall be given written notice of termination written in clear, easy to understand language,with a proposed date of termination.This date should not be fewer than 30 days from the date of notification. i. The Program manager shall make notice to the landlord that financial assistance to the participant will terminate on the date the given to the tenant. (b) This notice shall come from the Housing Stabilization Case Manager (c) The notice shall list the specific circumstances that prompted the termination decision and the option for participant appeal. (d) The notice must contain contact information for the appeal. Reference Termination Appeal Process. 12 Termination Appeal Process A termination appeal policy and procedures has been established as a means to resolve certain complaints regarding termination from a Mercy House program. The Termination Appeal Procedure provides a method by which a program participant can have his or her termination from a program reviewed by a neutral person(s) other than the person who made or approved the termination decision. Step 1: • The first step in the Termination Appeal Procedure is a review by the Program Manager of the decision to terminate. • A program participant who desires to challenge the termination must submit a request for review of the termination to the Program Manager by completing Part 1 of the Termination Appeal Form provided by Mercy House. • Part 1 of the Termination Appeal Form must be fully completed and signed and must state every reason why the program participant contests the termination and must specify the relief sought by the program participant. • The Termination Appeal Form must be delivered to the Program Manager and postmarked within fourteen (14) calendar days of the date the program participant received written notification of termination unless mutually extended. • The Termination Appeal Form may be obtained from any program staff member. Step 2: • The Program Manager, will investigate the circumstances surrounding the termination and may meet with the program participant, if it is deemed necessary, to discuss and/or attempt to resolve the program participant's complaint. • Program participant can appeal their termination verbally or in writing. • After investigating, the Program Manager will answer the program participant's complaint on Part 2 of the Termination Appeal Form. • The answer will be hand delivered or postmarked no later than fourteen (14) business days after the receipt of Part 1 of the Termination Appeal Form. • If mailed, the answer will be sent by certified mail, return receipt requested, to the address designated by the program participant on the Termination Appeal Form. Step 3: • In the event that the program participant is not satisfied with the results of the review of the Program Manager, the program participant may elect to request that his/her case be arbitrated by an Appeals Committee that will include the Program Director, Associate Director and/or the Executive Director and a Member of the Board of Directors. • A program participant who desires to challenge the review of the Program Manager and request arbitration by the Appeals Committee must submit a 13 request to the Program Director by completing the Part 3- "Appeals Committee Arbitration Request Form". • The form must be delivered or postmarked no later than fourteen (14) business days after the receipt of Part 2 Appeal Decision. Step 4: • At the meeting, the claimant will begin by stating his/her case to the Appeals Committee.There the program participant will have the opportunity to present written or oral evidence or testimony in their defense. • The Appeals Committee may also request additional information from additional parties involved including testimony from the program staff member issuing the original termination. • The Appeals Committee will review all documentation and testimony and make a decision regarding any misconduct or need for repeal of action. • A written decision of the Termination Appeal will be provided no later than three (3) business days after the Appeals Committee Meeting. HMIS Exit Upon completion of the program (both subsidy and services), or upon termination prior to completion as described above, all the participant should be exited from the program in HMIS. At this time all information including income, address, housing status, and any changes in other conditions such as disabilities are recorded and updated. The Exit Form is an HMIS-provided form. A printed copy of the form(s) should be kept in the participant file and all data entered into HMIS. V. Grievance Procedure A client can file a grievance to dispute an action or inaction and to address any client/staff conflict within 48 hours. Staff will make every effort to conduct an investigation and make a decision within 10 days. The grievance procedure does not suspend the rules or consequences established in the Program Rules. Clients have the right to file a grievance without fear of harmful repercussions from staff. All grievances need to be documented on a Grievance Form and submitted to the Program Director. Contact information for Directors is provided on the Grievance Form. Grievances should include the names of all parties involved, a detailed account of the nature of the problem and requested action to be taken. Grievance forms may be obtained from any staff member. 14 Program Directors will make every effort to resolve the conflict or concern with the client and or staff involved. If they are unable to do so they will submit the grievance to the Associate Director. The Associate Director will review grievances submitted and investigate the complaint. The Associate Director will acquire all documentation and interview involved parties as necessary. If the Associate Director feels that there is not enough information to determine if the matter was handled in an unfair manner a formal meeting will be called. At the meeting, the claimant will begin by stating his/her case to a Committee that will include the Associate Director, the Executive Director or their proxy. If necessary the Executive Staff may request a board member to sit on the committee as well. The committee may also request additional information from additional parties involved. The Committee will review all documentation and testimony and make a decision regarding any misconduct or need for repeal of action. If the complaint involves the Executive Staff a board member will take their place on the committee. Program participants also have the right to file a grievance with the Housing Division or HUD following procedures listed on https://www.hud.gov/program offices/fair housing equal opp/online-complaint. Section 504 Grievance Procedure • It is the policy of Mercy House Living Centers not to discriminate on the basis of disability. Mercy House Living Centers has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the regulations implementing the Act. Section 504 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance.The law and regulations may be examined in the office of the Section 504 Coordinator. Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for Mercy House Living Centers to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. Step one: Any person with a disability, and/or a representative of this person, may discuss a complaint and seek resolution of the complaint with the responsible employee or employees, or the employee's designee,within thirty (30) days of the date the person with the grievance becomes aware or reasonably should have been aware of the alleged discriminatory action. If the issue is not resolved within ten (10) working days following this discussion, the grievant may elect to move the grievance to Step 2. 15 Step 2: Grievances must be submitted to the Section 504 Coordinator within sixty (60) of the date the person filing the grievance becomes aware or reasonably should have been aware of the alleged discriminatory action. A complaint shall be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought. Upon request, the complaint may be made using alternative formats. The Section 504 Coordinator, or her/his designee, shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The Section 504 Coordinator will maintain the files and records of Mercy House Living centers relating to such grievances. The Section 504 Coordinator will issue a written decision on the grievance no later than 30 working days after its filing. Upon request, the Section 504 Coordinator may issue a decision using alternative formats, although written documentation of all decisions shall be maintained by the Section 504 Coordinator. The person filing the grievance may appeal the decision of the Section 504 Coordinator by writing to the Board of Directors of Mercy House Living Centers within 15 days of receiving the Section 504 Coordinator's decision. The Board of Directors of Mercy House Living Centers shall issue a written decision in response to the appeal no later than 30 days after its filing. The availability and use of this grievance procedure does not prevent a person from filing a complaint of discrimination on the basis of disability with the U.S. Department of Housing and Urban Development's Office of Fair Housing & Equal Opportunity or other appropriate federal agency. Mercy House Living Centers will make appropriate arrangements to ensure that disabled persons are provided reasonable accommodations, if needed, to participate in this grievance process.Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped cassettes of material for the blind, or assuring a barrier-free location for the proceedings. The Section 504 Coordinator will be responsible for such arrangements, in addition to, when requested, providing a list of organizations representing persons with disabilities. For further information about this policy, contact: The Mercy House Chief Operations Officer who has been designated as the Section 504 Patti Long, pattil@mercyhouse.net, (714) 836-7188 x 104. 16 Exhibit A - Appendix K Addendum to Operating Procedures for the Tenant Based Rental Assistance Program NOT APPLICABLE • Exhibit A - Appendix L Emergency Transfer Plan and VAWA Lease Addendum VAWA LEASE NOTICE CoC Form Update June,2023 VAWA LEASE ADDENDUM VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT 2022 TENANT NAME: ADDRESS AND UNIT NUMBER: LANDLORD NAME: Context The CoC is providing this lease addendum to add information to reflect the Violence Against Women Act of 2022 and subsequent guidance from the Department of Housing and Urban Development(HUD) in the Lease between the above referenced Tenant and Landlord. Purpose of the Addendum The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women Reauthorization Act of 2022 (VAWA). Conflicts with Other Provisions of the Lease • In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of the Act referenced in the Addendum will prevail. Term of the Lease Addendum The effective date of this Lease Addendum is . This Lease Addendum shall continue to be in effect until the Lease is terminated. VAWA Protections 1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious or repeated violations of the lease or other"good cause"for termination of assistance, _ tenancy or occupancy rights of the victim of abuse. 2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant's household or any guest or other person under the tenant's control, cause for termination of assistance,tenancy, or occupancy rights if the tenant or an immediate member of the tenant's family is the victim or threatened victim of that abuse. 3. The Landlord may request in writing that the victim, or a family member on the victim's behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence,Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date,to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction. 4. The term"domestic violence" is now recognized to include economic and technological abuse as defined under the Act. Tenant Date Landlord Date CITY OF HUNTINGTON BEACH TENANT BASED RENTAL ASSISTANCE PROGRAM EMERGENCY TRANSFER PLAN Emergency Transfers The City of Huntington Beach ("City") is concerned about the safety of its residents, and such concern extends to residents who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act (VAWA), the City allows residents who are victims of domestic violence, dating violence, sexual assault,or stalking to request an emergency transfer from the resident's current unit to another unit. Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity,or sexual orientation. The ability to request a transfer is available to all individuals as housing providers cannot discriminate on the basis of any protected characteristic,including race,color,national origin,religion,sex,familial status, disability,or age. United States Department of Housing and Urban Development(HUD)assisted and HUD- insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. The ability of the City to honor such request for residents currently receiving assistance, however, may depend upon a preliminary determination that the resident is or has been a victim of domestic violence, dating violence, sexual assault,or stalking,and on whether the City has another dwelling unit that is available and is safe to offer the resident for temporary or more permanent occupancy. This plan identifies residents who are: 1. eligible for an emergency transfer; 2.the documentation needed to request an emergency transfer; 3. confidentiality protections; 4. how an emergency transfer may occur; and 5.guidance to residents on safety and security. The City's plan is based on a model emergency transfer plan published by HUD, the Federal agency that provides funding to the City for its Tenant Based Rental Assistance(TBRA) Program and that oversees that the City is in compliance with VAWA. Eligibility for Emergency Transfers A resident who is a victim of domestic violence,dating violence,sexual assault,or stalking,as provided in HUD's regulations at 24 CFR part 5, subpart L is eligible for an emergency transfer, if: the,resident reasonably believes that there is a threat of imminent harm from further violence if the resident remains within the same unit. If the resident is a victim of sexual assault, the resident may also be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar-day period preceding a request for an emergency transfer. • A resident requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan. • Residents who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section. According to HUD's regulation 24 CFR part 5,subpart L a victim includes the following: Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship The type of relationship The frequency of interaction between the persons involved in the relationship Sexual assault means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent. Stalking means to engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. Emergency Transfer Request Documentation To request an emergency transfer, the resident shall notify the TBRA case managers and complete a "VAWA Transfer Request"form.The completed form will be received by the TBRA service providers/case managers. The City working with the TBRA service providers/case managers will provide reasonable accommodations to this policy for individuals with disabilities. The resident's written request for an emergency transfer should include either: 1. A statement expressing that the resident reasonably believes that there is a threat of imminent harm from further violence if the resident were to remain in the same dwelling unit assisted under the TBRA's program;OR 2. A statement that the resident was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the residents request for an emergency transfer;AND 3. Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and alternate documentation form must be completed. (Refer to Form HUD-5382) Confidentiality The TBRA Program service providers will keep confidential any information that the resident submits in requesting an emergency transfer, and information about the emergency transfer, unless the resident gives the TBRA Program service providers written permission to release the information on a time limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program.This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided,from the person(s)that committed an act(s) of domestic violence,dating violence,sexual assault, or stalking against the resident. NOTE: See the Notice of Occupancy Rights under the Violence Against Women Act For All Tenants for more information about City's and TBRA service providers' responsibility to maintain the confidentiality of information related to incidents of domestic violence,dating violence,sexual assault,or stalking. Emergency Transfer Timing and Availability The City and its TBRA service provider partners cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request.The City and its TBRA service provider partners will, however, act as quickly as possible to move a resident who is a victim of domestic violence, dating violence,sexual assault,or stalking to another unit,subject to availability and safety of a unit. If a resident reasonably believes a proposed transfer would not be safe, the resident may request a transfer to a different unit. If a unit is available, the transferred resident must agree to abide by the terms and conditions that govern occupancy in the unit to which the resident has been transferred.The City and its TBRA service provider partners cannot transfer a resident to a particular unit if the resident has not or cannot establish eligibility for that unit. If the City and its TBRA service provider partners have no safe and available units for which a resident who needs an emergency is eligible, City and its TBRA service provider partners will identify other housing providers who may have safe and available units to which the resident could move. At the resident's request, City and its TBRA service provider partners will also assist residents in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking. Safety and Security of Residents Pending processing of the transfer and the actual transfer, if it is approved and occurs, the resident is urged to take all reasonable precautions to be safe. National Resources: Residents who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1- 800-787-3224(TTY). Residents who have been victims of sexual assault may call the Rape,Abuse & Incest National Network's National Sexual Assault Hotline at 800-656-HOPE, or visit the online hotline at https://www.rainn.org/ Residents who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/ourprograms/stalking-resource- center Exhibit B Documentation, Recordkeeping, Reporting and Monitoring Requirements Exhibit B Documentation, Recordkeeping, Reporting and Monitoring Requirements Mercy House (Subrecipient)shall comply with the requirements set forth in this document at all times during the term of the HOME Subrecipient Agreement(Agreement)between the City of Huntington Beach (City)and Subrecipient,to which this document is attached. I. Documentation and Recordkeeping A. Records to be Maintained Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR 92.508(a)(3),which are pertinent to the Services to be funded under the Agreement. Records shall be maintained for each prospective participant,each Eligible Household and each Housing Unit inspected and/or occupied by an Eligible Household pursuant to the Agreement. Such records shall include but are not limited to: ■ Records providing a full description of each activity undertaken. • Records required to determine the eligibility of activities for use of HOME funds. ■ Records(including property inspection reports)demonstrating that each Housing Unit occupied by an Eligible Household meets the property standards of 24 CFR 92.251(d)and 24 CFR 982.401 upon occupancy and at the time of each annual inspection. • Records demonstrating compliance with the property standards and financial reviews and actions pursuant to 24 CFR§92.504(d). • Records demonstrating that each Eligible Household is income eligible in accordance with 24 CFR 92.203,including all TBRA applications,eligibility determinations and documentation regarding any appeals of eligibility determinations. • Records demonstrating that Subrecipient is in compliance with the City's written tenant selection policies and criteria of 24 CFR 92.209(c),including any targeting provisions of 24 CFR 92.209(h),and calculation of each Subsidy Payment. • Records demonstrating that each rental agreement for an Eligible Household receiving Subsidy Payments complies with the tenant and participant protections of 24 CFR 92.253. ■ Records documenting compliance with Subrecipients marketing and outreach obligations under the Agreement,including compliance with the fair housing and equal opportunity components of the HOME program and HUD's Affirmative Fair Housing and Marketing regulations and the City's Affirmative Fair Housing Marketing Plan,when adopted. • Records documenting compliance with the lead-based hazards requirements under the Agreement, the HOME Program,and 24 CFR Part 35,subparts A,8,J, K,M and R. • Financial records as required by 24 CFR§92.508(a)(5)and 24 CFR§92.222. • Records documenting the HOME Matching Contributions made by Subrecipient pursuant to the Agreement and the HOME Program,specifically including 24 CFR 92.218 through 24 CFR 92.222. B. Retention The Subrecipient shall retain all financial records,supporting documents,statistical records,and all other records pertinent to the Agreement for a period of five years after the period of Subsidy Payments terminates. Notwithstanding the above,if there are litigation matters,claims,audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period,then all pertinent records must be retained until completion of the actions and resolution of all issues,or the expiration of the five-year period,whichever occurs later. C. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include,but not be limited to,client name,address, income level or other basis for determining eligibility,and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. D. Disclosure The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly connected with the administration of the City's or Subrecipient's responsibilities with respect to Services provided under this Agreement,is prohibited unless written consent is obtained from such person receiving services and, in case of a minor,that of a responsible parent/guardian. E. Close Outs The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during the close-out period shall include,but are not limited to: making final payments, disposing of program assets(including the return of all unused materials,equipment, unspent cash advances, program income balances,and accounts receivable to the City),and determining the custodianship of records. Notwithstanding the foregoing,the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over HOME funds,including program income. F. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, HUD and the Comptroller General of the United States or any of their authorized representatives,at any time during normal business hours,as often as deemed necessary,to audit, examine,and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of the Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Subrecipient audits and OMB Circular A-122. II. Monthly Progress Reports Subrecipient shall submit Monthly progress reports to the City in a form approved or directed by the City,which shall include all of the following information regarding Subrecipient's activities during the prior quarter: • The number of TBRA applications received, processed,approved and disapproved. • The number of Housing Units inspected,approved and disapproved and a description of any corrective work performed by Landlords to comply with HQS. • The number of Eligible Households assisted, including specific information regarding the number of and ages of all household members,income categories,types and amounts of assistance provided to each Eligible Household,and remaining terms of assistance expected to be provided to such households. • Description of each Eligible Household's participation in required self-sufficiency program and other optional social and supportive Services provided or otherwise made available to each Eligible Household. • Budget reconciliation information,including year-to-date expenditures and remaining balance available for Subsidy Payments in accordance with the Budget and the Agreement. • Number of additional Eligible Households Subrecipient expects to qualify and assist within the following three-month period. • Updated schedule of performance of the Services under the Agreement,including a schedule for qualifying and assisting additional Eligible Households as permitted by the Budget. • Information regarding any complaints receipted from Applicants or Eligible Households and any correspondence received from community members or organizations or other nonprofit organizations regarding the Program or specific activities or individuals involved in the Program. • Documentation of the HOME Matching Contributions made by Subrecipient pursuant to the Agreement and the HOME Program,specifically including 24 CFR 92.218 through 24 CFR 92.222. III. Performance Monitoring A. Monthly Reports Subrecipient shall provide progress reports on a Monthly basis during the first quarter of the Term of the Agreement in order for the City to review Subrecipient's activities and progress under the Agreement and to ensure that the Program is progressing smoothly. B. City Oversight and Review City will monitor the performance of the Subrecipient against the goals and performance standards set forth in the Agreement. From time to time,City shall be entitled to audit and review Subrecipient's performance of the Services in accordance with the terms of the Agreement and compliance with the HOME Program. Substandard performance as determined by the City will constitute noncompliance with the Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City,termination procedures will be initiated in accordance with Section 8.3 of the Agreement. Exhibit C Gross Income Calculation Form INCOME QUALIFICATION -COMPUTING ANNUAL INCOME 1.Head of Household Name: 2.D.O.B.: Date: Assets Current Case Actual Value of Income from Family Member Asset Description Assets Assets $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3.Net Case Value of Assets 4.Total Actual Income from Assets 5.If line 3 is greater than$5,000.00,multiply line by 2%(Passbook Rate)and enter results here;otherwise,leave blank. ANTICIPATED ANNUAL INCOME Family a. b.Benefits/ c.Public d.Other e.Asset Members Wagers/Salaries Pensions Assistance Income Income Enter the greater of lines 4 or 5 above in e. 6.Totals: 7.Enter total of items from 5a.Through 5e.This is the Annual Income $0.00 Head of Household Sign Name: Date: For Office Use Only #of HH members $ Income of household $ Income limit :E °°"; „ 2024,HUD'Oran euCount ,Ineometimits: AM!': (Person ° Person a 3.. erson;' �, 4 P�sgrr° s�i e n,. w 6 Person .7.Person„ S+Person-. 60% $66,300 $75,720 $85,260 $94,680 $102,300 $109,860 $117,420 $124,980 80% $88,400 $101,000 $113,650 $126,250 $136,350 $146,450 $156,550 $166,650 verify to the best of my knowledge,based on the documenation that the above client has provided to me that the above information meets the income eligibility and does not exceed the HUD income limits. Case Manager Sign Name: Date: • Exhibit D Household Budget Worksheet GAP ANALYIS OF ASSISTANCE Applicant's Name: INCOME MONTHLY INCOME Budget IL°1VING'° °STY a°•$ m ° Income(See Computing Part 5 Annual Income) Oi00 Groceries '°:`' O.00 Income Eligible to be Excluded from the Amount Above Personal Supplies O:OQ : Clothing ,0 A Cleaning/laundry E° OCO 0 OOV Education/Lessons - a suss` Dining/Eating Out 000: thte _._ Salon/Barber 000 - alinniele Pet Food O:OO ;TotaL INCOME _.. . ... Storage 0,00 EXPENSES ENTERTAINMENT .. ° HOME EXPENSES g . gi Videos/DVDs t 0O Rent ,; O•OO Music 0 00[ rental-Insurance 0 00 Games 0 00 Electricity k104„0 Rentals 0.00 Gas/Oil OD Movies/Theater Stail,01000 Water/Sewer/Trash pEttigiom Concerts/Plays ;_ 0.00 Phone i „o 0 00 Books 0.00 Cable/Satellite ,.;O.00 Hobbies '0,00 Internet i i O0 Film/Photos 0.00 Furnishings/Appliances r° 0 00 Sports ©:00 Lawn/Garden ' 0`OO, Outdoor Recreation 0.00 Maintenance/Supplies fl0 00' Toys/Gadgets "O 00 Improvements slioggliilgio, Vacation/Travel - O QO- Other glatill,d0g0D Other 0 00 y .. l n a t 'Total RO E' SES 1° Total ENT ERTAIN EN} ¢ *. TRANSPORTATION ° SAYINGS- °° Vehicle Payments 40 OQ Emergency Fund �'': 0'(0 Auto Insurance lia,,:0 O0 Transfer to Savings « OE 00 Fuel AZI,:,1.1,5,41,App Retirement(401k, IRA) c.0 00 Bus/Taxi/Train Fare f r t`Of0Q Investments t„,..= 000 Repairs fa r0 00, Education = r0 00 Registration/License 0 00 Other • 0 OO other .O OO ` «. .�. :t a411, ,a, Tota[SAVINGS, - a•€b z, +` . Kr f a atal4 SF QRmrg9N fojgar OB LIGATION S,. 7 HEALTH ° '� s° „ °°® n °• .°F°®4 A Student Loan 0 00 ° ® a8 a Health Insurance roc 0 O0 Other Loan ' <<0.00 Doctor/Dentist 's O0Q Credit Cards „0.0o Medicine/Drugs ' s 0 O0 Alimony/Child Support s . ;000 Health Club Dues ' 0:00 Federal Taxes filleigq 00 Life Insurance d,i O:0O State/Local Taxes 0 00 Veterinarian/Pet Care 4 0.00 other rE,,Q,00 Other -21i .'0r0Q z 212Pk`o atQ8Lfi tlIONSf r v'j . ai ` w �, c fx-O e Total Ii ALTLf a •MISCELLANEOUS SUBSCRIPTIONS v . Budget Bank Fees 0.00 Newspaper ,IhOUQ Postage 000 Magazines " '0'00 Other `.`' 0.00 Dues/Memberships =0 00 Other 040 Other iltett.. ,.0.a0 .1a5.•. . , 10.41)`.'.Total MISGSG 4'I Etll1SS% .::: _l _ € .; ::::9 ;ri fi ortoBSo PIONS ,R `p Total Expenses Emergency Solutions Grant ANALYIS OF ASSISTANCE (continued) ESG Applicant Name: ;MONTHLY ANALYSIS AT ENTRY%OF GROSS INCOME TOWARDS RENT COST Total Monthly Income Total Monthly Expenses =S Monthly Rent cost r 40100 Housing Relocation and Stabilization Expenses Divided by Monthly Gross income S0.00 m Funds available/(Funds Needed) },,, Equals 4 #DI,Y/0l.; If there are funds available no assistance is needed x 100(%of income to rent) m o e. 1st month Et Deposit assistance cannot exceed ;Schedule of Assistance Security Deposit- 1st Month- 2ndMonth- 3rd Month- Total Assistance Exhibit E Lead-Based Hazard Information Pamphlet "Protect Your Family from Lead in your Home" • ., i --:--.. ..: .. ,..v., ..,, ,..,.. .., ::.,,, .....,.. ,,,,,..,„:„.„,,,,,,,,,.--..„,,,,,, . . --,.,.„,t, 6,,,,.. ., -i. .,, f Protect .iy p ' ] P • ',: Your � Y B 4 1 •tea ,,.- A' ' y g x Family From i.,.._„„. „,,,,,.,_ .,............„, . ,„,-,., ....... ......,,,,..... ,, i°,: , -,,,,,,, ',_4 � < q Lead in , art I. � ro ,L You r I:, .:'.:':'''4.r';e''t- c w r . : Home t ° United States ' Environmental 4rit "` . I Protection Agency it t `' s 1 6 II. sN) United States`� --- — � w � Consumer Product @wiµ _ Safety Commission if ' ..,,t ,. at. it "°Yi a z,,AENT0,, United States — % Department of Housing y�*IIIIIIII"°" jP s and Urban Development q�qN OEVE`�. December 2012 Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead-based paint? Lead from paint,chips,and dust can pose serious health hazards. Read this entire brochure to learn: • How lead gets into the body • About health effects of lead • What you can do to protect your family • Where to go for more information Before renting or buying a pre-1978 home or apartment,federal law requires: • Sellers must disclose known information on lead-based paint or lead- based paint hazards before selling a house. • Real estate sales contracts must include a specific warning statement about lead-based paint.Buyers have up to 10 days to check for lead. • Landlords must disclose known information on lead-based paint and lead-based paint hazards before leases take effect.Leases must include a specific warning statement about lead-based paint. If undertaking renovations,repairs,or painting(RRP)projects in your pre-1978 home or apartment: • Read EPA's pamphlet,The Lead-Safe Certified Guide to Renovate Right, to learn about the lead-safe work practices that contractors are required to follow when working in your home(see page 12). "eiEig 3 Simple Steps to Protect Your Family from Lead Hazards If you think your home has lead-based paint: • Don't try to remove lead-based paint yourself. • Always keep painted surfaces in good condition to minimize deterioration. • Get your home checked for lead hazards.Find a certified inspector or risk assessor at epa.gov/lead. • Talk to your landlord about fixing surfaces with peeling or chipping paint. • Regularly clean floors,window sills,and other surfaces. • Take precautions to avoid exposure to lead dust when remodeling. • When renovating,repairing,or painting, hire only EPA-or state- approved Lead-Safe certified renovation firms. • Before buying,renting,or renovating your home have it checked for lead-based paint. • Consult your health care provider about testing your children for lead.Your pediatrician can check for lead with a simple blood test. • Wash children's hands,bottles,pacifiers,and toys often. • Make sure children eat healthy,low-fat foods high in iron, calcium,and vitamin C. • Remove shoes or wipe soil off shoes before entering your house. 1 Lead Gets into the Body in Many Ways Adults and children can get lead into their bodies if they: • Breathe in lead dust(especially during activities such as renovations, repairs,or painting that disturb painted surfaces). • Swallow lead dust that has settled on food,food preparation surfaces, and other places. • Eat paint chips or soil that contains lead. Lead is especially dangerous to children under the age of 6. • At this age,children's brains and nervous systems are =.r. more sensitive to the damaging effects of lead. a r; • Children's growing bodies }�g absorb more lead. ,, • Babies and young children • . q� ,a `• often put their hands tlfrutvg and other objects in their mouths.These objects can have lead dust on them. Women of childbearing age should know that lead is dangerous to a developing fetus. • Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. 2 Health Effects of Lead Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children. In children,exposure to lead can cause: Brain Nerve Damage Hearing • Nervous system and kidney damage Problems • Learning disabilities,attention deficit disorder,and decreased intelligence slowed Gro • Speech, language,and behavior problems • Poor muscle coordination • Decreased muscle and bone growth • Hearing damage Digestive Problems: . While low-lead exposure is most common, Reproductive Problems exposure to high amounts of lead can have FAaui�i devastating effects on children,including seizures,unconsciousness,and,in some cases,death. Although children are especially susceptible to lead exposure,lead can be dangerous for adults,too. In adults,exposure to lead can cause: • Harm to a developing fetus • Increased chance of high blood pressure during pregnancy • Fertility problems(in men and women) • High blood pressure • Digestive problems • Nerve disorders • Memory and concentration problems • Muscle and joint pain 3 Check Your Family for Lead Get your children and home tested if you think your home has lead. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age,and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children.A simple blood test can detect lead.Blood lead tests are usually recommended for: • Children at ages 1 and 2 • Children or other family members who have been exposed to high levels of lead • Children who should be tested under your state or local health screening plan • Your doctor can explain what the test results mean and if more testing will be needed. 4 Where Lead-Based Paint Is Found In general,the older your home or childcare facility,the more likely it has lead-based paint) Many homes,including private,federally assisted,federally owned housing,and childcare facilities built before 1978 have lead-based paint.In 1978,the federal government banned consumer uses of lead- containing paint.2 Learn how to determine if paint is lead-based paint on page 7. Lead can be found: • In homes and childcare facilities in the city,country,or suburbs, • In private and public single-family homes and apartments, • On surfaces inside and outside of the house,and • In soil around a home.(Soil can pick up lead from exterior paint or other sources,such as past use of leaded gas in cars.) Learn more about where lead is found at epa.gov/lead. 1 "Lead-based paint"is currently defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter(mg/cm),or more than 0.5%by weight. z "Lead-containing paint"is currently defined by the federal government as lead in new dried paint in excess of 90 parts per million(ppm)by weight. 5 Identifying Lead-Based Paint and Lead-Based Paint Hazards Deteriorating lead-based paint(peeling,chipping,chalking, cracking,or damaged paint) is a hazard and needs immediate attention.Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear,such as: • On windows and window sills • Doors and door frames • Stairs,railings,banisters,and porches Lead-based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window. Lead dust can form when lead-based paint is scraped,sanded,or heated.Lead dust also forms when painted surfaces containing lead bump or rub together.Lead paint chips and dust can get on surfaces and objects that people touch.Settled lead dust can reenter the air when the home is vacuumed or swept,or when people walk through it.EPA currently defines the following levels of lead in dust as hazardous: • 40 micrograms per square foot(pg/ft2)and higher for floors, including carpeted floors • 250 pg/ft2 and higher for interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes.EPA currently defines the following levels of lead in soil as hazardous: • 400 parts per million (ppm)and higher in play areas of bare soil • 1,200 ppm (average)and higher in bare soil in the remainder of the yard Remember,lead from paint chips—which you can see—and lead dust—which you may not be able to see—both can be hazards. The only way to find out if paint,dust,or soil lead hazards exist is to test for them.The next page describes how to do this. 6 Checking Your Home for Lead You can get your home tested for lead in several different ways: • A lead-based paint inspection tells you if your home has lead- based paint and where it is located.It won't tell you whether your home currently has lead hazards.A trained and certified testing professional,called a lead-based paint inspector,will conduct a paint inspection using methods,such as: • Portable x-ray fluorescence(XRF) machine f ` " • Lab tests of paint samples 10, • A risk assessment tells you if your home currently has any lead hazards from lead in paint,dust,or soil.It also tells you what actions to take to address any hazards.A trained and certified testing professional, called a risk assessor,will: • Sample paint that is deteriorated on doors,windows,floors,stairs, and walls • Sample dust near painted surfaces and sampling bare soil in the yard • Get lab tests of paint,dust,and soil samples • A combination inspection and risk assessment tells you if your home has any lead-based paint and if your home has any lead hazards,and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed,and ask questions about anything you do not understand. 7 Checking Your Home for Lead, continued In preparing for renovation,repair,or painting work in a pre-1978 home,Lead-Safe Certified renovators(see page 12) may: • Take paint chip samples to determine if lead-based paint is present in the area planned for renovation and send them to an EPA-recognized lead lab for analysis.In housing receiving federal assistance,the person collecting these samples must be a certified lead-based paint inspector or risk assessor • Use EPA-recognized tests kits to determine if lead-based paint is absent(but not in housing receiving federal assistance) • Presume that lead-based paint is present and use lead-safe work practices There are state and federal programs in place to ensure that testing is done safely,reliably,and effectively.Contact your state or local agency for more information,visit epa.gov/lead,or call 1-800-424-LEAD (5323)for a list of contacts in your area.3 • 3 Hearing-or speech challenged individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8399. 8 What You Can Do Now to Protect Your Family If you suspect that your house has lead-based paint hazards,you can take some immediate steps to reduce your family's risk: • If you rent,notify your landlord of peeling or chipping paint. • Keep painted surfaces clean and free of dust.Clean floors,window frames,window sills,and other surfaces weekly.Use a mop or sponge with warm water and a general all-purpose cleaner.(Remember: never mix ammonia and bleach products together because they can form a dangerous gas.) • Carefully clean up paint chips immediately without creating dust. • Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas,and again afterward. • Wash your hands and your children's hands often,especially before they eat and before nap time and bed time. • Keep play areas clean.Wash bottles,pacifiers,toys,and stuffed animals regularly. • Keep children from chewing window sills or other painted surfaces,or eating soil. • When renovating,repairing,or painting,hire only EPA-or state- approved Lead-Safe Certified renovation firms(see page 12). • Clean or remove shoes before entering your home to avoid tracking in lead from soil. • Make sure children eat nutritious,low-fat meals high in iron,and • calcium,such as spinach and dairy products.Children with good diets absorb less lead. 9 Reducing Lead Hazards Disturbing lead-based paint or41, removing lead improperly can � increase the hazard to your family by a i spreading even more lead dust around �.bf , . the house. • In addition to day-to-day cleaning and good nutrition,you can temporarily reduce lead-based paint • hazards by taking actions,such as '_ " repairing damaged painted surfaces and planting grass to cover lead- contaminated soil.These actions are not permanent solutions and will need ` ongoing attention. • You can minimize exposure to lead when renovating,repairing,or painting,by hiring an EPA-or state- certified renovator who is trained in the use of lead-safe work practices.If you are a do-it-yourselfer,learn how to use lead-safe work practices in your home. • To remove lead hazards permanently,you should hire a certified lead abatement contractor.Abatement(or permanent hazard elimination) methods include removing,sealing,or enclosing lead-based paint with special materials.Just painting over the hazard with regular paint is not permanent control. Always use a certified contractor who is trained to address lead hazards safely. • Hire a Lead-Safe Certified firm (see pagel2)to perform renovation, repair,or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently,hire a certified lead abatement professional.This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. 10 Reducing Lead Hazards, continued If your home has had lead abatement work done or if the housing is receiving federal assistance,once the work is completed,dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: • 40 micrograms per square foot(pg/ft2)for floors,including carpeted floors • 250 µg/ftz for interior windows sills • 400 µg/ftz for window troughs For help in locating certified lead abatement professionals in your area, call your state or local agency(see pages 14 and 15),or visit epa.gov/lead,or call 1-800-424-LEAD. • 11 Renovating, Remodeling, or Repairing (RRP) a Home with Lead-Based Paint If you hire a contractor to conduct renovation,repair,or painting (RRP)projects in your pre-1978 home or childcare facility(such as pre-school and kindergarten),your contractor must: • Be a Lead-Safe Certified firm approved by EPA or ano�o EPA-authorized state program , 4' E • Use qualified trained individuals(Lead-Safe 11%3f1Pis Certified renovators)who follow specific lead-safe bwm° work practices to prevent lead contamination • Provide a copy of EPA's lead hazard information 5 • _ ,; document,The Lead-Safe Certified Guide to Renovate Right RRP contractors working in pre-1978 homes and childcare facilities must follow lead-safe work practices that: • Contain the work area.The area must be contained so that dust and debris do not escape from the work area.Warning signs must be put up,and plastic or other impermeable material and tape must be used. • Avoid renovation methods that generate large amounts of lead-contaminated dust.Some methods generate so much lead- contaminated dust that their use is prohibited.They are: • Open-flame burning or torching • Sanding,grinding,planing,needle gunning,or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment and • Using a heat gun at temperatures greater than 1100°F • Clean up thoroughly.The work area should be cleaned up daily. When all the work is done,the area must be cleaned up using special cleaning methods. • Dispose of waste properly.Collect and seal waste in a heavy duty bag or sheeting.When transported,ensure that waste is contained to prevent release of dust and debris. To learn more about EPA's requirements for RRP projects visit epa.gov/getleadsafe,or read The Lead-Safe Certified Guide to 12 Renovate Right. Other Sources of Lead While paint,dust,and soil are the most common sources of lead, other lead sources also exist: • Drinking water.Your home might have plumbing with lead or lead solder.You cannot see,smell,or taste lead,and boiling your water will not get rid of lead.If you think your plumbing might contain lead: • Use only cold water for drinking and cooking. • Run water for 15 to 30 seconds before drinking it,especially if you have not used your water for a few hours. Call your local health department or water supplier to find out about testing your water,or visit epa.gov/lead for EPA's lead in drinking water information. • Lead smelters or other industries that release lead into the air. • Your job.If you work with lead,you could bring it home on your body or clothes.Shower and change clothes before coming home.Launder your work clothes separately from the rest of your family's clothes. • Hobbies that use lead,such as making pottery or stained glass, or refinishing furniture.Call your local health department for information about hobbies that may use lead. • Old toys and furniture may have been painted with lead-containing paint.Older toys and other children's products may have parts that contain lead.4 • Food and liquids cooked or stored in lead crystal or lead-glazed pottery or porcelain may contain lead. • Folk remedies,such as"greta"and"azarcon,"used to treat an upset stomach. 4 In 1978,the federal government banned toys,other children's products,and furniture with lead-containing paint(16 CFR 1303).In 2008,the federal government banned lead in most children's products.The federal government currently bans lead in excess of 100 ppm by weight in most children's products(76 FR 44463). 13 For More Information The National Lead Information Center Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/lead and hud.gov/lead,or call 1-800-424-LEAD(5323). EPA's Safe Drinking Water Hotline For information about lead in drinking water,call 1-800-426-4791,or visit epa.gov/lead for information about lead in drinking water. Consumer Product Safety Commission(CPSC) Hotline For information on lead in toys and other consumer products,or to report an unsafe consumer product or a product-related injury,call 1-800-638-2772,or visit CPSC's website at cpsc.gov or saferproducts.gov. State and Local Health and Environmental Agencies Some states,tribes,and cities have their own rules related to lead- based paint.Check with your local agency to see which laws apply to you.Most agencies can also provide information on finding a lead abatement firm in your area,and on possible sources of financial aid for reducing lead hazards.Receive up-to-date address and phone information for your state or local contacts on the Web at epa.gov/lead, or contact the National Lead Information Center at 1-800-424-LEAD. Hearing-or speech-challenged individuals may access any of the phone numbers in this brochure through TTY by calling the toll- free Federal Relay Service at 1-800-877-8339. 14 U. S. Environmental Protection Agency (EPA) Regional Offices The mission of EPA is to protect human health and the environment. Your Regional EPA Office can provide further information regarding regulations and lead protection programs. Region 1(Connecticut,Massachusetts,Maine, Region 6(Arkansas,Louisiana,New Mexico, New Hampshire,Rhode Island,Vermont) Oklahoma,Texas,and 66 Tribes) •Regional Lead Contact Regional Lead Contact U.S.EPA Region 1 1445 Ross Avenue,12th Floor Suite 1100(CPT)One Congress Street Dallas,TX 75202-2733 Boston,MA 021 1 4-202 3 (214)665-2704 (617)918-1524 Region 7(Iowa,Kansas,Missouri,Nebraska) • Region 2(New Jersey,New York,Puerto Rico, Regional Lead Contact Virgin Islands) U.S.EPA Region 7 Regional Lead Contact 11201 Renner Blvd. U.S.EPA Region 2 WWPD/TOPE 2890 Woodbridge Avenue Lenexa,KS 66219 Building 205,Mail Stop 225 (800)223-0425 Edison,NJ 08837-3679 (732)321-6671 Region 8(Colorado,Montana,North Dakota,South Dakota,Utah,Wyoming) Region 3(Delaware,Maryland,Pennsylvania, Regional Lead Contact Virginia,DC,West Virginia) U.S.EPA Region 8 Regional Lead Contact 1595 Wynkoop St. U.S.EPA Region 3 Denver,CO 80202 1650 Arch Street (303)312-6966 Philadelphia,PA 19103 (215)814-2088 Region 9(Arizona,California,Hawaii, Nevada) Region 4(Alabama,Florida,Georgia, Regional Lead Contact Kentucky,Mississippi,North Carolina,South U.S.EPA Region 9(CMD-4-2) Carolina,Tennessee) 75 Hawthorne Street Regional Lead Contact San Francisco,CA 94105 U.S.EPA Region 4 (415)947-4280 AFC Tower,12th Floor,Air,Pesticides&Toxics 61 Forsyth Street,SW Region 10(Alaska,Idaho,Oregon, Atlanta,GA 30303 Washington) (404)562-8998 Regional Lead Contact U.S.EPA Region 10 Region 5(Illinois,Indiana,Michigan, Solid Waste&Toxics Unit(WCM-128) Minnesota,Ohio,Wisconsin) 1200 Sixth Avenue,Suite 900 Regional Lead Contact Seattle,WA 98101 U.S.EPA Region 5(DT-8J) (206)553-1200 77 West Jackson Boulevard Chicago,IL 60604-3666 (312)886-7836 15 Consumer Product Safety Commission (CPSC) The CPSC protects the public against unreasonable risk of injury from consumer products through education,safety standards activities,and enforcement.Contact CPSC for further information regarding consumer product safety and regulations. CPSC 4330 East West Highway Bethesda, MD 20814-4421 1-800-638-2772 cpsc.gov or saferproducts.gov U. S. Department of Housing and Urban Development (HUD) HUD's mission is to create strong,sustainable, inclusive communities and quality affordable homes for all.Contact HUD's Office of Healthy Homes and Lead Hazard Control for further information regarding the Lead Safe Housing Rule which protects families in pre-1978 assisted housing and the lead hazard control and research grant programs. HUD 451 Seventh Street,SW, Room 8236 Washington, DC 20410-3000 (202)402-7698 hud.gov/offices/lead/ This document is in the public domain.It may be produced by an individual or organization without permission.Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statues governing the co-authoring agencies.Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. U.S.EPA Washington DC 20460 EPA-747-K-12-001 U.S.CPSC Bethesda MD 20814 December 2012 U.S.HUD Washington DC 20410 16 IMPORTANT! Lead From Paint, Dust, and Soil in and Around Your Home Can Be Dangerous if Not Managed Properly • Children under 6 years old are most at risk for lead poisoning in your home. • Lead exposure can harm young children, babies,and fetuses even before they are born. • Homes,schools,and child care facilities built before 1978 are likely to contain lead-based paint. • Even children who seem healthy may have dangerous levels of lead in their bodies. • Disturbing•surfaces with lead-based paint or removing lead-based paint improperly can increase the danger to your family. • People can get lead into their bodies by breathing or swallowing lead dust,or by eating soil or paint chips containing lead. • People have many options for reducing lead hazards. Generally, lead-based paint that is in good condition is not a hazard (see page 10). • • A�® CERTIFICATE OF LIABILITY INSURANCE DAT5f2M/DDNYYY) /2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Brittany Andrakowicz Burnham WGB Insurance Solutions PHONE FAX CA Insurance License 0F69771 (AIC.No.Exth•714-505-7000 IA(C,No);714-573-1770 15901 Red Hill Avenue A DARESS; brittany,andrakowiczwgbib.com Tustin CA 92780 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Indemnity insuran 18058 INSURED MERCY-1 INSURERS:Berkshire Hathaway Homestate I 20044 Mercy House Living Centers,Inc. PO Box 1905 INSURER C: Santa Ana CA 92702 INSURER D INSURER INSURER F: COVERAGES CERTIFICATE NUMBER:560976526 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AWL OF INSURANCE AL SUER POLICY EFF POLICY EXP UM ITS LTR INSR 4WD POUCY NUMBER (MM/DDIYYYYI (MMIDDIVYYYI A X COMMERCIAL GENERAL LIABILITY PHPK2683655 5/2/2024 5/2/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(My one person) $5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER $ A AUTOMOBILE LIABILITY PHPK2683655 5/2/2024 5/2/2025 COMBINED SINGLE LIMIT $1,000,000 fEe accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED -SCHEDULED BODILY INJURY(Par accldeM) S AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) S A X UMBRELLA LIAB X OCCUR PHUB910653 5/2/2024 5/2/2025 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,000 DED X RETENTION$1(1,An11 $ 8 WORKERS COMPENSATION MEWC544885 2/8/2024 2/8/2025 X AND EMPLOYERS'LIABILITY STATUTE ERH ANYPROPRIETORIPARTNER/EXECUTIVE Y(�l N 1 A Et.EACH ACCIDENT $1,000,000 OFFICERJMEMBEREXCLUDED? I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If Yes,describe under OESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $(1,000,000 A ProfessionalUebNity PHPK2683655 5/2/2024 5/2/2025 Per Occurrence/A g $1000000/$2000000 A DRO/EPLI PHS01871491 5/2/2024 5/2/2025 Each Policy Period 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Abuse/Molestation- Policy Number.PHPK2683655;Carrier:Philadelphia Indemnity;Limits:Each Abusive Conduct$1,000,000/Aggregate$2,000,000 Umbrella Liability Schedule of Underlying:General Liability Policy:PHPK2683655;Auto Liability Policy:PHPK2683655;Professional Liability Policy: PHPK2683655 SS ORM Certificate holder is named as additional insured on the General Liability per attached PI-GLD-HS(10/11)as requiriVi gnDcAC ct Jed to he e s and conditions of the policy. Waiver of Subrogation applies to the General Liability per attached CG24040509 See Attached.., RY' E AT CERTIFICATE HOLDER CANCELLATION M ITY /ITT V r.,y`' TI ON BEACH SHOULD ANY OF THE ABOVE DESCRIBED l'iSLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main St AUTHORIZED REPRESENTATIVE Huntington Beach CA 92646 i C/— I � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:MERCY-1 LOC#: A ® ADDITIONAL REMARKS SCHEDULE Page 1 of I AGENCY NAMED INSURED Burnham WOE Insurance Solutions Mercy House Living Centers,Inc, PO Box 1905 POLICY NUMBER Santa Ana CA 92702 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of Subrogation applies to the Workers Compensation per attached WC 99 0410C 01 19 Certificate Holder Vesting:The City of Huntington Beach,its agents,officers,employees and volunteers Primary and Non-Contributory applies on the General Liability per attached endorsement • • ACORD 101(2008101) ©2000 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PHPK2683655 PI-GL-005(07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 05/02/2024 Name of Person or Organization(Additional Insured): City of Huntington Beach, Its officers, elected or appointed officials, employees, agents and volunteers SECTION II—WHO IS AN INSURED Is amended to include as an additional Insured the person(s)or organization(s)shown in the endorsement Schedule,but only with respect to liability for"bodily injury," "property damage"or"personal and advertising injury"arising out of or relating to your negligence in the performance of"your work"for such person(s)or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance Is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured),except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III—LIMITS OF INSURANCE. All other terms,conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy No. PHPK2683655 PI-GLD-HS(10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply In the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy,unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own,Rent,or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HiPAA Clarification 4 Medical Payments $20,000 5 Medical Payments—Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments—Bail Bonds $5,000 5 Supplementary Payment—Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement—Janitorial Services Client Coverage $10,000 limit 6 Additional Insured—Newly Acquired Time Period Amended 6 Additional Insured—Medical Directors and Administrators Included 7 Additional insured—Managers and Supervisors(with Fellow included 7 Employee Coverage) Additional Insured—Broadened Named Insured Included 7 Additional insured—Funding Source Included 7 Additional Insured—Home Care Providers Included 7 Additional Insured—Managers,Landlords,or Lessors of Premises Included 7 Additional Insured—Lessor of Leased Equipment Included 7 Additional Insured—Grantor of Permits Included 8 Additional Insured—Vendor Included 8 Additional Insured—Franchisor Included 9 Additional Insured—When Required by Contract Included 9 Additional Insured—Owners,Lessees,or Contractors Included 9 Additional Insured—State or Political Subdivisions Included 10 Page 1 of.12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company .1 • PI-GLD-HS(10/11) Duties in the Event of Occurrence,Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury—includes Mental Anguish Included 11 Personal and Advertising Injury—includes Abuse of Process, Included 11 Discrimination A. Extended Property Damage SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a.is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury"or property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I—COVERAGES, COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE. LIABILITY,Subsection 2. Exclusions,Paragraph b. Contractual Liability Is amended to Include the following: (3) Based on the named insured's request at the time of claim,we agree to indemnify the named Insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client,up to$50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non-Owned Watercraft SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that Is: (a) Less than 58 feet long;and (b) Not being used to carry persons or property for a charge; This provision applies to any person,who with your consent, either uses or is responsible for the use of a watercraft. This insurance Is excess over any other valid and collectible Insurance available to the Insured whether primary,excess or contingent. D. Damage to Property You Own,Rent or Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 includes copyrighted material of Insurance Services Office, Inc.,with Its permission. ©2011 Philadelphia Indemnity Insurance Company • Pi-GLD-HS(10/11) LIABILITY,Subsection 2. Exclusions, Paragraph j.Damage to Property, Item (1)is deleted in its entirety and replaced with the following: (1) Property you own, rent,or occupy, including any costs or expenses incurred by you,or any other person,organization or entity,for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property,unless the damage to property is caused by your client,up to a$30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word"fire"is changed to"fire,lightning, explosion, smoke,or leakage from automatic fire protective systems"where it appears in: a. The last paragraph of SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;is deleted in its entirety and replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning,explosion, smoke,or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of Insurance applies to this coverage as described in SECTION iII—LIMITS OF INSURANCE. b. SECTION III—LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises,while rented to you,or in the case of damage by fire,lightning, explosion, smoke,or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises.However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion,smoke,or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,Subsection 4.Other Insurance,Paragraph b.Excess Insurance, (1)(a)(ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning,explosion,smoke,or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) a. $1,000,000;or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire,lightning, explosion,smoke,or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I—COVERAGES,COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a"violation(s)"of the Health Insurance Portability and Accountability Act(HIPAA). We have the right and the duty to defend the Insured against any"suit,""investigation,"or"civil proceeding" seeking these damages. However,we will have no duty to defend the Insured against any"suit" seeking damages,"investigation,"or"civil proceeding"to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to Include the following additional exclusions: • This insurance does not apply to: a. Intentional,Willful,or Deliberate Violations Any willful,intentional,or deliberate"violation(s)"by any insured. b. Criminal Acts Any"violation"which results in any criminal penalties under the HIPAA. c, Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V—DEFINITIONS Is amended to include the following additional definitions: a. "Civil proceeding"means an action by the Department of Health and Human Services(HHS) arising out of"violations." b. "Investigation"means an examination of an actual or alleged"violation(s)"by HHS. However, "investigation"does not include a Compliance Review. c. "Violation"means the actual or alleged failure to comply with the regulations included In the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. ©2011 Philadelphia Indemnity Insurance Company e. PI-GLD-HS(10/11) G. Medical Payments--Limit Increased to$20,000,Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III-LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I-COVERAGE,COVERAGE C MEDICAL PAYMENTS, Subsection 1.Insuring Agreement,a.(3)(b)is deleted in Its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I-COVERAGES,COVERAGE C MEDICAL PAYMENTS, Subsection 2.Exclusions, • Paragraph e.Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. 1. Supplementary Payments SECTION I-COVERAGES,SUPPLEMENTARY PAYMENTS-COVERAGE A AND B are amended as follows: 1.b.Is deleted in its entirety and replaced by the following: 1. b. Up to$5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these. 1.d. is deleted in Its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or"suit",including actual loss of earnings up to$1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I-COVERAGES,SUPPLEMENTARY PAYMENTS-COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs Incurred by an"employee"In a criminal proceeding occurring in the course of employment. The most we will pay for any"employee"who Is alleged to be directly involved In a criminal proceeding is$25,000 regardless of the numbers of"employees,"claims or"suits"brought or persons or organizations making claims or bringing"suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company • PI-GLD-HS(10/11) K. Key and Lock Replacement—Janitorial Services Client Coverage SECTION l—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to Include the following: We will pay for the cost to replace keys and locks at the"clients"premises due to theft or other loss to keys entrusted to you by your"client,"up to a$10,000 limit per occurrence and$10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners,members,officers,"employees","managers",directors,trustees, authorized representatives or any one to whom you entrust the keys of a"client"for any purpose commit,whether acting alone or In collusion with other persons. The following,when used on this coverage,are defined as follows: a. "Client"means an individual,company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee",means: • (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary,wages or commissions; and (c) Who you have the right to direct and control while performing services for you;or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent"employee"as defined in Paragraph (1) above,who Is on leave;or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee"does not mean: (a) Any agent,broker,person leased to you by a labor leasing firm,factor,commission merchant,consignee, independent contractor or representative of the same general character;or (b) Any"manager,"director or trustee except while performing acts coming within the scope of the usual duties of an"employee." c. "Manager"means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II—WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company Pl-GLD-HS(10/11) Coverage Part, Paragraph 3.a.is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators—Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors are also Insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your"employees"are also insureds for"bodily injury"to a co- "employee"while in the course of his or her employment by you or performing duties related to the conduct of your business, This provision does not change Item 2.a.(1)(a)as it applies to managers of a limited liability company, c. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source—Any person or organization with respect to their liability arising out of: (1) Their financial control of you;or (2) Premises they own,maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers—At the first Named Insured's option,any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers,Landlords, or Lessors of Premises—Any person or organization with respect to their liability arising out of the ownership,maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises;or (2) Structural alterations,new construction or demolition operations performed by or on behalf of that person or organization. • g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 includes copyrighted material of Insurance Services Office, Inc.,with its permission. 0 2011•Philadelphia Indemnity Insurance Company Pi-GLD-HS(10/11) organization is an insured only with respect to liability for"bodily injury,""property damage"or "personal and advertising injury"caused, in whole or in part, by your maintenance,operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this Insurance does not apply to any"occurrence"which takes place after the equipment lease expires. h. Grantors of Permits—Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own,rent or control and to which this Insurance applies: (a) The existence,maintenance, repair,construction,erection, or removal of advertising signs,awnings,canopies,cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings,sidewalk vaults,street banners or decorations and similar exposures; (b) The construction,erection,or removal of elevators;or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Vendors—Only with respect to"bodily injury"or"property damage"arising out of"your products" which are distributed or sold In the regular course of the vendor's business,subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging,except when unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under Instructions from the manufacturer,and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the sale of the product; Page 8 of 12 includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia indemnity Insurance Company PI-GLD-HS (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor;or (h) "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs(d)or(f);or (II) Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any Insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. J. Franchisor—Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization Is an additional Insured for"bodily injury,""property damage"or"personal and advertising injury"but only for liability arising out of the negligence of the named insured.The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors—Any person or organization, but only with respect to liability for"bodily Injury,""property damage"or"personal and advertising injury"caused, in whole or in part, by: (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured when required by a contract. • With respect to the insurance afforded to these additional Insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: (a) All work, including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or (b) That portion of"your work"out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) m. State or Political Subdivisions—Any state or political subdivision as required,subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. • (2) This Insurance does not apply to: (a) "Bodily injury,""property damage"or"personal and advertising injury"arising out of operations performed for the state or municipality;or (b) "Bodily injury"or"property damage"Included within the"products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2,is amended as follows: a.is amended to include: This condition applies only when the"occurrence"or offense Is known to: (1) You,if you are ah Individual; (2) A partner, If you are a partnership;or (3) An executive officer or insurance manager, If you are a corporation. b.is amended to include: This condition will not be considered breached unless the breach occurs after such claim or"suit" is known to: (1) You,if you are an Individual; (2) A partner, If you are a partnership;or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,6, Representations is amended to include the following: it Is agreed that, based on our reliance on your representations as to existing hazards,if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 8.Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company . PI-GLD.HS(10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part,those rights are transferred to us.The insured must do nothing after loss to impair them, At our request,the insured will bring"suit"or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss,provided the waiver is made in a written contract. P. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury—Mental Anguish SECTION V—DEFINITIONS,Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury"means: a. Bodily injury, sickness or disease sustained by a person,and includes mental anguish resulting from any of these;and b. Except for mental anguish,includes death resulting from the foregoing(Item a. above)at any time. R. Personal and Advertising Injury—Abuse of Process,Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of"personal and advertising injury'Is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14.b. is deleted In its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14.is amended by adding the following: Discrimination based on race,color,religion,sex, age or national origin,except when: a. Done Intentionally by or at the direction of,or with the knowledge or consent of: (1) Any insured;or (2) Any executive officer, director,stockholder, partner or member of the insured; b. Directly or indirectly related to the employment,former or prospective employment, termination of employment,or application for employment of any person or persons by an Insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 0 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) c. Directly or indirectly related to the sale,rental,lease or sublease or prospective sales, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured;or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company � L WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORMA BLANKET BASIS • We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum Initial charge of$350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule, Schedule Blanket Waiver Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium(prior to adjustments) All CA Operations 21891.00 ThIs endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective: 02/08/2024 Policy No.: MEWC544885 Endorsement No.: Insured: Mercy House Living Centers Inc. Premium$ Insurance Company; Berkshire Hathaway Homestate Ins Co Countersigned by WC 99 0410 C (Ed.01-19) t. ) POLICY NUMBER: PHPK2683655 COMMERCIAL GENERAL LIABILITY CG 24 04 06 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE • Name Of Person Or Organization: As Required By Written Contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or.organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. • CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 ❑