HomeMy WebLinkAboutAgenda Report - June 7, 2023 C-22CITY OF
C A L I F O R N I A
COUNCIL COMMUNICATION
AGENDA ITEM
C•22
AGENDA TITLE: Adopt a Resolution Waiving the Formal Bid Process and Authorize the City
Manager to Execute a Lease, Regulatory, and Operator Agreement with Inner
City Action, Inc., a California Nonprofit Corporation, for the Harmony Homes
Project in an Amount Not to Exceed $80,000 for a Term of Five Years with an
Option to Extend Five Years
MEETING DATE: June 07, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution waiving the formal bid process and
authorize the City Manager to execute a lease, regulatory, and
operator agreement with Inner City Action, Inc., a California
nonprofit corporation, for the Harmony Homes project, in an amount not to exceed $80,000 for a
term of five years with an option to extend five years.
BACKGROUND INFORMATION: The City's Harmony Homes project includes four units of
permanent supportive housing for individuals and families
experiencing homelessness in the Lodi community.
This supportive housing helps unsheltered individuals/families move into long-term, affordable
housing where they can continue their progress toward stable and independent living.
Housing Authority of San Joaquin (HACSJ) supplies housing choice vouchers to tenants. Volunteer
supportive housing services will be available for tenants, and all tenants sign lease agreements that
include appropriate maintenance of each unit as a condition of tenancy.
Currently Sacramento Self -Help Housing is the operator of Harmony Homes. However, on April 21,
2023, the City received written notification of their intent to dissolve and cease services no later than
June 30, 2023. Due to the exigent circumstances, City Staff had to quickly identify a new operator to
maintain continuity of operations for the residents. Each potential operator was informed:
• City would retain the asset
• A minimum of $50,000 reserve would be available for large maintenance items. All terms of
the reserve account are outlined in the attached draft agreement. This reserve account will
be funded through the San Joaquin County Continuum of Care (CoC) awarded HHAP Round
2 Grant per section 4 (B) of the HHAP Round 2 Subrecipient Agreement for operating
reserves (Exhibit D of the ICA Agreement),
• Operations including staffing, case management, regular maintenance, and landscaping
would have to fully be covered by the HACSJ tenant -based housing choice vouchers and a
portion of the rent paid by tenants. (Currently $1,164 per unit, $4,656 total)
• Current tenants would remain in the property
APPROVED: s,,,Z� 3W,_2 0,1,,,'PA0y o73 aq-51 rDI.
Stephen Schwabauer, City Manager
ICA Harmony Homes Agreement
June 07, 2023
Page 2 of 2
Future tenants would have to be determined eligible by HACSJ for tenant Housing Choice
Vouchers
a Operator would have to abide by the Grant Agreements in regards to referrals and pursuant
to Welfare and Institution Code Section 8255(b) (Core Components of Housing First).
After meeting with several local social service providers and understanding the program models of
some of our service providers, Staff recognized that the required program model needed for
Harmony Homes may not be an appropriate fit for some organizations based on the referral
requirements and/or not transferring the asset.
At this point Inner City Action, Inc. (ICA) expressed their interest in taking on the project under the
parameters outlined by the City and can provide the needed wraparound services and eligibility
determinations. ICA has become a respected provider in the City of Lodi over the past year as they
began operations of the City's temporary Access Center and Emergency Shelter. From July 22, 2022
to March 15, 2023, the temporary Access Center has seen great successes as outlined below:
39 individuals transitioned to programs
19 individuals transitioned to The Salvation Army
17 individuals gained employment
11 individuals gained housing
5 individuals reconnected with family
0 28 individuals have connected with Behavioral Health Services
m 3 individuals continued their education
Based on the evaluation of ICA's capacity, experience, and demonstrated success within the Lodi
community, Staff recommends the City Council adopt a resolution waiving the formal bid process
and authorize the City Manager to execute a lease, regulatory, and operator agreement with Inner
City Action, Inc., a California nonprofit corporation for the Harmony Homes project, in an amount not
to exceed $80,000 for a term of five years and an option to extend five years.
FISCAL IMPACT: The costs for this agreement will be funded from the San Joaquin
County CoC awarded Homeless, Housing Assistance, and
Prevention (HHAP) Grant. There is no impact to City General Fund at
this time.
FUNDING AVAILABLE HHAP Grant 35599000.77020, revenue and appropriations are
already included in the Community Development Department Budget.
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
John. Della Monica, Jr.
Com tunity Development Dir cto
Attachments:
1. ICA Lease, Regulatory, and Operator Agreement
Signature: Ojr rA� Xv�pj
Email: akeys@lodi.gov
RECORDING REQUESTED BY,
MAIL TAX STATEMENTS TO
AND WHEN RECORDED MAIL TO:
City of Lodi
Attn: Stephen Schwabauer, Lodi City Manager
P.O. Box 3006
Lodi, CA 95241-1910
Exempt from recording fee (Govt. Code § 6103 and § 27383) Space above this line reserved for use by Recorder's Office
LEASE, REGULATORY, AND OPERATOR AGREEMENT
301 EAST LODI AVE, LODI, CA 95240 ("HARMONY HOMES")
This Lease, Regulatory, and Operator Agreement ("Agreement") is made as of , 2023,
by and between the City of Lodi, a California general law city and municipal corporation ("City"), and INNER
CITY ACTION, INC., a California nonprofit corporation ("Lessee"). The City and Lessee may each be referred
to herein as "Party" and collectively as "Parties."
RECITALS
(A) Lessee proposes to maintain one (1) Permanent Supportive Housing project which the City
has called Harmony Homes (the "Project"). The Project site is located at 301 East Lodi Ave in Lodi, California,
and identified as San Joaquin County Assessor's Parcel Number 043-067-16 and includes four (4) residential
units (as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property").
(B) The Parties intend that the Property shall be used only as permanent supportive housing for
Homeless persons and households and each unit will be occupied by a maximum of three inhabitants, including
at minimum one (1) adult Homeless resident or such other number of Homeless residents as may be permitted
by the Zoning Code in effect at the time.
(C) The Project shall serve as a community resource by providing decent, safe, and sanitary
permanent housing for Extremely Low -Income Households, as defined below, who would otherwise be unable
to obtain such housing. The City has agreed to provide Lessee with this 5 Year Lease Agreement to operate the
Project with an opportunity to extend an additional 5 Years.
(D) The Project shall receive tenant referrals from Inner City Action, Inc. and other social services
providers in the City of Lodi as availability arises including but not limited to The Salvation Army, Lodi House,
Women's Center Youth and Family Services. Lessee will utilize the Housing Authority of the County of San
Joaquin ("HACSJ") Transitional Housing Assistance Advancement Inter -Agency Referral Form, which is attached
hereto and incorporated herein by this reference as Exhibit "B," to submit qualified candidates to HACSJ for
eligibility determination. Upon determination of eligibility, HACSJ will then award the candidate a tenant based
Housing Choice Voucher. The Lessee will need to sign a Housing Assistance Payment agreement for each
resident with HACSJ to initiate rental payments.
(E) As further consideration for the lease of the Property and to further the public interests of
the City in seeing the Project maintained as Permanent Supportive Housing, Lessee and City have agreed to
enter into and record this Agreement. The purpose of this Agreement is to regulate and restrict the occupancy,
rents, operation, and management of the Property for the benefit of Project occupants and the people of the
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City of Lodi. The covenants in this Agreement shall run with the land and be binding on City and Lessee and
successors to the Property for the full term of this Agreement.
AGREEMENT
NOW, THEREFORE, Lessee and the City hereby agree as follows:
1. Recitals.
The foregoing Recitals are true and correct and incorporated into this Agreement.
2. Definitions.
The following terms have the meanings set forth in this section wherever used in this Agreement or
attached exhibits.
(A) City means the City of Lodi, California, a municipal corporation, and includes a person or
persons authorized to act on its behalf.
(B) City Manager means the City of Lodi City Manager or his or her designee.
(C) Event of Default means a breach of or default in a party's obligations under this Agreement,
and any other instrument which is incorporated hereto.
An Event of Default includes, without limitation, the following:
City or Lessee discovers that the other party has made any misrepresentations or has
intentionally withheld any fact in entering this Agreement, the knowledge of which
could have affected its decision to enter this Agreement.
ii. Lessee or City defaults or breaches any of the terms of this Agreement.
iii. Lessee fails to perform any covenant, term, or condition in any instrument creating
a lien upon the Property.
iv. The sale, conveyance, or encumbrance of the Property, or any attempt to achieve
these items by Lessee.
V. The occurrence of any of the following:
a. Lessee becoming insolvent or bankrupt or being unable or admitting, in
writing, Lessee's inability to pay debts as they mature or making a general
assignment of or entering into any restructure payment arrangement with
creditors that burdens the Property.
b. Proceedings for the appointment of a receiver, trustee, or liquidator of the
assets of Lessee or a substantial part of such assets, being authorized or
instituted by or against Lessee.
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C. Proceedings under any bankruptcy, reorganization, readjustment of debt,
insolvency, dissolution, liquidation, or other similar law of any jurisdiction
being authorized or instituted against Lessee.
(D) Extremely Low -Income Household(s) means household(s) earnings equal to or less than
thirty percent (30%) of the area median income, adjusted for household size, as released by
and occasionally updated by the US Department of Housing and Urban Development for the
metropolitan area including the City.
(E) Homeless or Homeless Person(s) means an individual or household who lacks a fixed,
regular, and adequate nighttime residence, meaning the individual or household (a) has a
primary nighttime residence that is a public or private place not meant for human habitation,
(b) is living in a publicly or privately operated shelter designated to provide temporary living
arrangements, or (c) is exiting an institution where (s)he has resided for 90 days or less and
who resided in an emergency shelter or place not meant for human habitation immediately
before entering that institution. "Homeless or Homeless Person(s)" may also include an
individual or household who will imminently lose their primary nighttime residence, provided
that: (a) residence will be lost within 14 days of the date of application for assistance, (b) no
subsequent residence has been identified, and (c) the individual or household lacks the
resources or support networks needed to obtain other permanent housing.
(F) Resident Assistant (R.A) means a Tenant at this Property that has been selected to provide
support for and oversight of the Property in exchange for a discounted rent.
(G) Lessee means the lessee of the Property, which is defined above as INNER CITY ACTION, INC.
(H) Operating Expenses means the following costs, fees, and expenses reasonably and actually
incurred by Lessee or Lessee's Management Agent for the operation and maintenance of the
Project to the extent that they are consistent with an annual independent audit performed
by a certified public accountant using generally accepted accounting principles consistently
applied; property taxes and assessments or payments in lieu thereof; direct payroll expenses
and payroll taxes; premiums for property damage and liability insurance; utility service costs
not paid for directly or indirectly by Tenants; maintenance, repairs, grounds, and turnover
costs; costs associated with accounting; legal fees of Lessee incurred in the ordinary course
of business; Lessee's reasonable capital and operating reserves; rent to Lessee; expenses for
security services; expenses for fire alarm monitoring; and costs and expenses associated with
the provision of property management and social services to the Tenants.
(1) Permanent Supportive Housing means housing with no limit on length of stay, that is
occupied by Qualifying Households, and that is linked to an onsite or offsite services that
assist the Tenant(s) in retaining the housing, improving his or her health status, and
maximizing his or her ability to live and, when possible, work in the community.
(J) Program Income means Revenue reduced by (a) Operating Expenses, and (b) cash deposits
into a reserve for capital replacements in the Project and/or an operating reserve
(K) Proiect means the development and operation of the Property for Permanent Supportive
Housing use according to the terms of this Agreement and referenced as the Harmony Homes
project.
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(L) Property means the real property described in the attached Exhibit A, and any residential
units, buildings or improvements now or hereafter situated on such real property.
(M) Qualifying Household means an individual or household meeting all of the following:
The definition of Homeless or Homeless Person(s);
ii. The definition of Extremely Low -Income Household(s); and
iii. A person or household whose current or last permanent residence was within the
City limits, or who can provide verification satisfactory to Lessee that within the
period 45 days prior to filing an application for housing, the person of household
stayed within the City limits at least 23 of the 45 nights previous to the filing of an
application for housing (or, in the event of a person or household exiting an
institution, at least 23 of the 45 nights prior to entering the institution).
(N) Qualifying Rent means the maximum amount charged to and paid by a Tenant for the
occupancy of the Project, which on a monthly (1/12 year) basis shall not exceed 30 percent
(30%) of the average household income for the metropolitan area that includes the City as
determined by the US Department of Housing and Urban Development. No utility
allowances are permitted; utilities (defined as electricity, gas, water, sewer, and trash
service) shall be included in the base rent and it is the responsibility of Lessee or Lessee's
Management Agent to pay all utilities. However, if Housing Choice Vouchers (Section 8)
payments are not available for any or all of the residential units in the Project, City agrees to
negotiate necessary modifications to this definition or take other appropriate action to
ensure the financial viability of the Project.
(0) Revenue means with respect to any period all revenue, income, receipts, and other
consideration from any source including the City actually received from or in support of
operation and leasing of the Project. Revenue shall include, but not be limited to: all rents,
fees, and charges paid by Tenants; Housing Choice Voucher (Section 8) payments and other
rental subsidy payments received; grants; initial operating subsidy grant received from the
City; deposits forfeited by Tenants; the proceeds of casualty insurance not used for rebuilding
(provided however, expenditure of such proceeds for repair or restoration of the Project shall
be included within Operating Expenses in the year of the expenditure); condemnation
awards for a taking of part or all of the Property or the Project for a temporary period; and
the fair market value of any goods or services provided to Lessee in consideration for the
leasing or other use of any part of the Project. Revenue shall include any interest on
replacement reserves and other reserves, and release of funds from replacement reserves
and other reserve accounts to Borrower other than for costs associated with the Project.
Revenue shall not include Tenants' security deposits, capital contributions or similar
advances, or amounts released from reserves for costs associated with the Project.
(P) Tenant means a Qualifying Household receiving residency and services in the Project.
3. Acknowledgment of Grant Funding.
The City utilized Homeless Emergency Aid Program ("HEAP") and Homeless, Housing Assistance, and
Prevention ("HHAP") grant funds to complete the construction of the Project. The HHAP program will also
fund the reserve account as noted in Section 5 subsection (1) below.
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(A) The State of California has established the HEAP under Chapter 5 (commencing with Section
50210) of Part 1 of Division 31 of the Health and Safety Code (the "Law"). The HHAP was
established under Assembly Bill 101 (Chapter 159, Statutes of 2019) and, signed into law by
Governor Gavin Newsom on July 31, 2019.
(B) The HEAP Program provides one-time flexible block grant funds to address immediate
homelessness challenges by Continuums of Care and Large Cities as defined in the Law. HHAP
is a one-time block grant program designed to support the regional coordination and
expansion of development to increase local jurisdictions' capacity to address immediate
homeless challenges throughout the State.
(C) HEAP and HHAP are administered by the California Homeless Coordinated and Financing
Council (the "Council") in the Business, Consumer Services and Housing Agency ("State").
(D) San Joaquin County ("County") applied for and received HEAP and HHAP grant funds from
the State, and the County is the recognized Administrative Entity as provided for by HEAP
and HHAP Programs and defined in the September 5, 2018, HEAP Notice of Funding
Availability ("NOFA") and the December 6, 2019 HHAP NOFA.
(E) City submitted an application for HEAP funding from the County in December 2018
("Application") pursuant to the September 5, 2018 HEAP NOFA.
(F) City has been awarded $1,250,000 in HEAP funds from the County pursuant to a Subrecipient
Agreement between the City and the County, signed by the County on April 1, 2019, attached
hereto as Exhibit C to this Agreement ("2019 Subrecipient Agreement") and incorporated
herein.
(G) City submitted an application for HHAP funding from the County in September 2020 pursuant
to the December 6, 2019 HHAP NOFA.
(H) City has been awarded $400,000 in HHAP from the County pursuant to a Subrecipient
Agreement between the City and the County, signed by the County on November 4, 2021,
attached as Exhibit D to this Agreement ("2021 Subrecipient Agreement") and incorporated
herein. The 2019 Subrecipient Agreement and 2021 Subrecipient Agreement shall be
referred to collectively herein as the "Subrecipient Agreements."
(1) City has also agreed to provide funding ("Reserve") to Lessee for certain maintenance and
other budget obligations approved by City and Lessee's Board as described in Section 5
subsection (1) below.
4. Representations.
The City has utilized Federal funding to acquire and rehabilitate the Property including the purchase of the
residential units. This Agreement is a substantial part of the consideration to City for making the Property
available to Lessee for the purpose of operating a Permanent Supportive Housing program. The funds for the
Project are from public funding sources administered by the City and their use is subject to certain
requirements, some of which are embodied in this Agreement. Therefore, the Property is conditioned upon
Lessee's agreement, for itself and its successors and assigns, to comply with all provisions of this Agreement.
Lessee has had full opportunity to make itself independently familiar with such limitations and restrictions,
and Lessee unconditionally accepts them and agrees to comply fully with them.
5. Lessee's and City's Obligations.
(A) PAYMENT OF LEASE RENT. Lessee shall pay rent to the City in the amount of one -dollar
($1.00) for rent of the Property for the full term of this Agreement.
(B) TERM OF AGREEMENT. This Agreement shall commence upon execution and shall remain in
full force and effect until five (5) years from the recordation date of this Agreement. The
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obligations in this Agreement shall remain effective and fully binding on Lessee, and its
successors, assigns and heirs, and any subsequent Lessee of the Property, for this full term,
unless terminated earlier by the City in a recorded writing or extended by mutual consent of
the Parties.
(C) ACTIVITIES. Lessee shall perform all activities set forth in the Management Plan incorporated
herein and attached hereto as Exhibit "E" (individually "Activity' and collectively "Activities"),
in a manner satisfactory to City and consistent with the terms and conditions of this
Agreement.
(D) RENT VOUCHERS. Lessee shall use the tenant based Housing Choice vouchers provided by
the Housing Authority of San Joaquin as described in Recital D unless alternate subsidies are
approved by City or the definitions of Qualifying Household and Qualifying Rent are modified;
eligibility and approval for the Housing Choice vouchers or approved alternate subsidies or
compliance with said modified definitions shall be a prerequisite eligibility requirement for
occupancy.
(E) PERFORMANCE MONITORING. (i) City will monitor the performance of Lessee on the
Project according all applicable federal, state and/or local requirements, the Subrecipient
Agreements, the Management Plan and this Agreement. Lessee shall permit City and/or
State or any other government reviewing body to inspect any work performed under this
Agreement to ensure the work is performed in accordance with all applicable federal, state,
and/or local requirements, and the Subrecipient Agreements. Lessee shall correct all
substandard performance within ten (10) calendar days of receiving written notice from City.
City shall withhold any remaining payments under this Agreement until such noticed
substandard performance has been corrected. If Lessee does not take corrective action for
any substandard performance within ten (10) calendar days after notification by City, the
substandard performance will constitute a default under this Agreement and City may
initiate suspension or termination procedures as set forth below.
(ii) City shall correct any substandard performance or noncompliance with its
obligations under this Agreement within ten (10) calendar days of receiving written notice
from Lessee. Lessee may suspend any obligations related to the substandard performance
or noncompliance under this Agreement until such noticed substandard performance has
been corrected. If City does not take corrective action for any substandard performance
within ten (10) calendar days after notification by Lessee, the substandard performance or
noncompliance will constitute a default under this Agreement and Lessee may initiate
suspension or termination procedures as set forth below.
(F) COMPLIANCE WITH LAW. City and Lessee and all of their personnel, employees, agents, and
subcontractors (if approved by City and State) shall comply with all applicable legal
requirements, including all federal, state, and local laws, rules and regulations (including
ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.
These shall include, but are not limited to, those laws that pertain to construction,
procurement, housing and building codes, health and safety, labor, fair employment
practices, environmental protection, equal opportunity, fair housing, and all matters
applicable and/or related to the HEAP Program, PLHA Program, Lessee, and all eligible
activities under the HEAP and PLHA Programs. City shall be responsible for compliance with
all legal requirements related to its development of the Property and Project prior to Lessee
taking possession.
In
(G) COMPLIANCE WITH HEAP AND HHAP PROGRAM LAW AND SUBRECIPIENT AGREEMENT(S).
Lessee and all of its personnel, employees, agents, and subcontractors shall comply with all
applicable legal requirements of the HEAP and HHAP Programs, including the Law, NOFA, any
guidelines issued by the State, and the terms and conditions of the Subrecipient Agreements
adjusted to meet the time frames set forth in this Agreement, including without limitation,
the Drug -Free Workplace Certification provisions in Section 11 of Exhibit D of the
Subrecipient Agreement and the Child Support Compliance Act provisions in Section 12 of
Exhibit D of the Subrecipient Agreements.
(H) MAINTENANCE OF IMPROVEMENTS. At all times during the term of this Agreement, Lessee
shall, at its cost and expense, maintain the Property and all tenant improvements in good
order and repair and in a safe and habitable condition, including, but not limited to, the
housing units, common areas, landscaping, and other appurtenances. City shall be
responsible, at its cost and expense, for correcting any defects on the Property or in the
residential units which occurred priorto possession by Lessee. The City shall monitor Lessee's
performance of these obligations as provided in this Section.
(1) CITY CONTRIBUTION TO OPERATIONS AND MAINTENANCE FUNDING. City shall provide
$52,800 as original source one-time funding ("Reserve") for Lessee's operational deficit or
major maintenance and repairs as eligible per 24 CFR § 578.55 that are not covered by
required insurance (as described in Exhibit "F" attached) or Lessee under its routine
maintenance and repair obligations set forth in Section 5, subsection (H) or revenue as set
forth above. This reserve is funded by the Homeless Housing Assistance, and Prevention
(HHAP) grant awarded by San Joaquin County outlined in Exhibit D. The City at its discretion,
may add additional funding to the reserve account, dependent on any remaining HHAP grant
funds at the completion of the Harmony Homes project. Lessee may call on the Reserve for
operational deficits or repairs covered by this paragraph at any time with City approval.
Lessee will need to submit in writing to City and describing the need for use of the Reserve
funds and any requested supporting documentation. Any operational deficits, must be well
documented and submitted to the City in advance of making a request as rental receipts are
primary operating revenue. Lessee cannot assume that additional funds will be provided by
the City to the Lessee for the purpose of operations and maintenance of the Project under
this Agreement but is not precluded from requesting additional funding from City in the
event of unforeseen expenses or lack of availability of Housing Choice vouchers.
(J) INTERIOR FURNISHINGS. City shall initially acquire interior furnishings and basic Property
maintenance equipment for the Project. Lessee shall be responsible for any maintenance or
replacement of the furnishings and equipment after initially provided by the City.
Some of the items to be purchased by the City for each unit include but are not limited to:
i. Bedroom - (1) Full bed mattress, and frame, (2) nightstands, (1) area rug, closet
clothes hangers;
ii. Kitchen - dining table with (3) chairs; and
iii. Living Room - (1) double Futon sofa, (1) coffee table, (1) television console, (1) 32"
television, (1) area rug, and window shades
(K) MISCELLANEOUS COSTS. Lessee shall be responsible for all regular janitorial and cleaning
expenses associated with the maintenance of the Project.
(L) DEFAULT AND TERMINATION. Lessee shall be in default of its obligations under this
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Agreement if Lessee fails to comply with any term of this Agreement.
(M) NOTICE AND CURE; RIGHT TO CONTEST. City shall give Lessee written notice of the default
(with reasonable specificity) and demand the default to be cured within ten (10) calendar
days of the notice. If Lessee fails to cure the default within ten (10) calendar days of the
notice, City may, at its discretion, take any or all actions identified in Section (N), below.
Lessee shall have the right to contest in good faith any claim, demand, levy, or assessment
the assertion of which would constitute a default hereunder. Any such contest shall be
prosecuted diligently.
(N) REMEDIES FOR DEFAULT. If Lessee is in default of this Agreement, as defined in this Section,
City, as applicable, may take any or all of the following actions: (i) require the immediate
return of any unexpended reserve funds disbursed under this Agreement; and (ii) terminate
this Agreement upon ten (10) calendar days written notice and require return of any
unexpended reserve funds within twenty (20) calendar days of such notice of termination
and return of the Property back to the City.
Each of the remedies provided herein is cumulative and not exclusive of, and shall
not prejudice any other remedy provided herein. City may exercise from time to time
any rights and remedies available to it under applicable law, in addition to, and not
in lieu of, any rights and remedies expressly granted in this Agreement or in any other
instrument or notice, demand or legal process of any kind. No termination or action
by City after termination shall prejudice any other rights or remedies of City provided
by law or by this Agreement upon such termination; and City may proceed against
Lessee to recover all losses suffered by City.
6. Project Occupancy and Tenant Rents.
(A) OCCUPANCY OF PROJECT. Unless otherwise approved by City and authorized by an
amendment to this Agreement or the City's prior approval of an amendment to the
Management Plan, Lessee shall limit for the full term of this Agreement the rental of the
Project units to Qualifying Households. Lessee may impose additional requirements on
eligibility of applicants, provided such requirements are included in the Management Plan,
approved by the City in advance of application, and compliant with applicable federal, state,
and local laws. The qualifications of Tenants shall be certified by Lessee prior to initial
occupancy in conformance with the Management Plan and regulations of the Housing Choice
Vouchers, as these rules may be amended from time to time.
The Project shall be leased, managed, and operated as permanent supportive rental housing,
comprised of complete facilities for living, sleeping, eating, cooking, and sanitation for a
maximum of twelve (12) Homeless Persons living in a maximum of four (4) Qualifying
Households, of which will include one (1) House Leader, or such other number of Homeless
Persons as may be permitted by the Zoning Code in effect at the time. At all times, the
Property shall include sleeping areas equivalent to the number of Qualifying Households,
bathing and sanitation facilities, and cooking facilities equipped with a cooking range,
refrigerator, and sink. The Project shall never be used as hotel, dormitory, fraternity house,
sorority house, rooming house, hospital, nursing home, sanitarium, rest home, trailer park
or court, or any other use that would violate federal, state, or local laws and/or ordinances.
(B) PROJECT RENT. Unless otherwise approved by City and authorized by a written amendment
In
to this Agreement or the City's prior written approval of an amendment to the Management
Plan, rents for the Project shall be limited to the Qualifying Rent.
(C) PAYMENT OF PROGRAM INCOME. All Program Income shall be reported to the City annually,
along with a final financial report showing all Revenue received and Operating Expenses
incurred in the applicable fiscal year. This may be reported as part of Lessee's annual audit.
Excess Program Income will be retained by Lessee for the purpose of building a reserve for
this Project.
(D) LEAD-BASED PAINT AND ASBESTOS. Lessee and its contractors and subcontractors shall not
use lead-based paint or asbestos in the maintenance of the Property. Lessee shall insert this
provision in all contracts and subcontracts for work performed on the Project which involves
the application of paint or potentially asbestos -containing materials.
(E) CONFLICTS OF INTEREST. In its operation of the Property, Lessee shall comply with all state
and federal conflict of interest laws, including without limitation, the Political Reform Act
(California Government Code Sections 8100 et seq.), Government Code Section 1090, and
Public Contract Code Sections 10410 and 10411. No employee, agent, consultant, officer,
elected official, appointed official, or member of the governing body of Lessee who exercises
or has exercised any functions or responsibilities with respect to the Activities funded
through the HEAP and PLHA Grants, or who are in a position to participate in a decision
making process or gain inside information with regard to the Activities, may obtain a personal
or financial interest or benefit from any Activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those whom they have family or business ties, during their tenure or for one
(1) year thereafter. Lessee must comply with all provisions of Section 10 of Exhibit C and D
of the Subrecipient Agreements. This Agreement may be declared void and other legal action
may be taken if Lessee does not comply with all applicable State and local conflict of interest
laws.
(F) NONDISCRIMINATION. In its operation of the Project, and except as otherwise required by
the City in this Agreement, Lessee shall not discriminate or segregate in the use, enjoyment,
occupancy, conveyance, lease, sublease, or rental of Project on the basis of race, color,
ancestry, national origin, religion, sex, sexual preference, age, marital status, family status,
source of income, physical or mental disability, Acquired Immune Deficiency Syndrome
(AIDS) or AIDS-related conditions, or any other arbitrary basis or status prohibited by federal
or state law. Lessee shall include a statement in all advertisements, notices, and signs for the
availability of the Project for rent to the effect that Lessee is an Equal Housing Opportunity
Provider, as that term is defined by State and Federal law.
Further, in its operation of the Project, Lessee shall not cause and shall not permit
discrimination on any basis listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph
(1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in the
lease or rental or in the use or occupancy of the Property. Lessee covenants by and for itself,
its heirs, executors, administrators, and assigns, and all persons claiming under or through
them that there shall be no discrimination against or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sub -lessees,
or vendees in the Property except as otherwise required by City in this Agreement. This
covenant against discrimination shall continue for the term of this Agreement and any
0
extensions thereof.
(G) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY ACT. Lessee shall assure compliance
with the obligations imposed by the federal Personal Responsibility and Work Opportunity
Act (Public Law 104-193, commonly known as the Welfare Reform Act), which restricts the
City funding of federal benefits to persons who are not citizens or qualified aliens as defined
in such act.
(H) OPERATION AND MANAGEMENT OF PROJECT. Lessee and each of Lessee's officers, agents,
and/or employees shall diligently operate and manage the Project after completion in
substantial conformance with the covenants contained in this Agreement, which shall run
with the land and bind all successors -in -interest to the Property, and with the terms of the
Management Plan as defined below.
1. Management Entity. City and Lessee agree that Lessee shall manage the Property
upon start of possession.
2. Management Plan. Lessee shall submit a Management Plan for the marketing
and management of the Property for review and approval by the City, a copy of the first submitted
Management Plan (attached hereto as Exhibit "E") and incorporated herein by this reference
("Management Plan"). The Management Plan shall address how the Property will be managed, and shall
include, but not be limited to, provisions set forth in the Management Responsibilities section below. The
City shall annually review the Management Plan, and if deemed necessary, Lessee shall update it as
requested.
3. Management Responsibilities. The Lessee shall perform and provide the
following:
a) A major maintenance schedule, prepared by Lessee, which specifies
maintenance work to be performed on a periodic basis during the term of this Agreement. The annual
schedule must be submitted to the City by March 31 of each calendar year.
b) Establishment of a capital reserve account identifying the manner in
which the maintenance schedule described in item 3. (a) above, and projected replacement activities and
major repairs will be funded from monthly project income and other sources. Establishment of an
operating reserve account to cover costs of unanticipated expenses for general maintenance and operation
of the Project. The schedule for prior year deposits and withdrawals from the replacement and operating
reserve accounts shall be submitted to the City by March 31 of each calendar year.
C) Annual inspections of the Project to ensure continued compliance with
state and local housing codes. Results of the inspections must be documented in a report, and copies may
be requested by the City. The City may also independently schedule property inspections, without
limitation, upon five days' advance written notice by City to Lessee.
d) Annual reporting to the City regarding compliance with the deferred
maintenance schedule and the results, findings, and any corrective measures taken or to be undertaken
arising from the annual inspections of units.
e) Lessee shall also annually report to City the information set forth in the
Subrecipient Agreements (Exhibits C & D) regarding the Activities. Upon review of documentation and
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record-keeping, the City may request and Lessee shall provide additional information to meet State
reporting requirements for HEAP and HHAP.
f) Audited annual financial statements prepared by a certified public
accountant, approved in advance, in writing, by City, which reflect the status of the reserve account for
maintenance and replacement activities and of any reserve account for operating expenses. Copies of
audited annual financial statements must be provided to the City within ninety (90) calendar days of the
fiscal year-end date.
g) Audits, Access, and Inspection.
i.Audits. If required by the State or requested by the City, Lessee shall
provide, at Lessee's own expense, a financial audit prepared by
an independent certified public accountant. Lessee shall notify
City of the auditor's name and address immediately following
selection of the auditor. The contract for the audit must allow
access by City and the State to the independent auditor's working
papers and findings. Lessee is responsible for completion of all
audits and costs of preparation of the audits. If there are audit
findings, Lessee must submit a detailed response acceptable to
City and the State for each audit finding within 60 calendar days
from date of the audit finding report.
ii.Access to Documents and Accounting Records. Lessee agrees that the
City, the State, or any of their duly authorized representatives,
shall have access to all Lessee's documents and records related
to the Activities and the HEAP and HHAP Grants for the purpose
of making audits, examinations, excerpts, copies, and
transcriptions, to ascertain compliance with the provisions of this
Agreement, the Subrecipient Agreements, and the HEAP and
HHAP Programs. Lessee's records shall be made available within
a seven (7) calendar days after request, during normal business
hours.
iii.Access. In order to permit City to inspect the progress of the Activities,
Lessee shall, at all times, provide to the City (including agencies
and entities designated by City) proper and safe access to all
locations where Lessee performs Activities.
iv.Employee Interviews. City shall have the right to interview Lessee's
employees, upon reasonable notice and during normal business
hours, for the sole purpose of monitoring Lessee's performance
of the Activities and compliance with the HEAP and HHAP
Programs, this Agreement, and the Subrecipient Agreements.
h) A plan for certifying the eligibility of each Qualifying Household, including
annual verification of income and measures to take in the event the maximum income is exceeded.
following:
i) A tenant selection process that includes, but is not limited to, the
i. Lessee shall notify Local Referral Agencies in writing of pending
vacancies at the Project at its earliest opportunity when operator
has exhausted their waitlist, shall receive tenant referrals from
Local Referral Agencies, and shall prioritize these tenant referrals
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over referrals from other sources. Local Referrals Agencies are the
Salvation Army, Lodi House, and Women's Center Youth and
Family Services, and others as may be approved in writing by the
City.
ii. Review of the following criteria:
a. Verification that the applicant meets the definition a
Qualifying Household;
b. Verification of the applicant's income and assets;
c. History of drug and/or alcohol abuse;
d. History of criminal and/or drug-related offenses,
including but not limited to: assault, battery, abuse, and
destructive or violent behavior;
e. Proof of legal residency or citizenship as required by the
PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
ACT of 1996 (P.L. 104-193);
f. Proof of eligibility for Housing Choice vouchers;
g. Compliance with any other federal eligibility
requirements identified in the Management Plan; and
h. Any other requirements or restrictions identified in the
Management Plan.
iii. Prospective tenants are required to fill out a Project application
form and a Housing Choice Voucher application form, verify
income/employment, attend a private interview with Lessee or a
selected property management firm, and agree to abide by
property management and Housing Choice Voucher rules for
Property.
iv. Selected tenants must be processed through and approved by
the Housing Authority for the Housing Choice Voucher prior to
being given a Project rental agreement ("Rental Agreement")
including rules for the Property and requirements to occupy the
Property.
V. Rental agreements with tenants must provide that non-
compliance with the Project rental agreement and the Housing
Choice Voucher rental agreement may be deemed an event of
default on the Project rental agreement and grounds for eviction.
j) Provide to the City and keep on file the following information:
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The duties of the Resident Assistant or Lessee or Management
Agent regarding operation of the Property;
ii. A sample Project rental agreement form; and
iii. Plan for handling terminations with cause, including providing
tenant with due process (notice and opportunity to be heard) by
a court prior to eviction.
Lessee shall be specifically responsible, subject to its obligations herein, for all management functions with
respect to the Property, including, without limitation, the selection of tenants, certification and
recertification of household size and income, evictions, collection of rents and deposits, maintenance,
landscaping, routine and extraordinary repairs, replacement of capital items, and security. Except as
otherwise provided herein, the City shall have no responsibility over management of the Property.
Notwithstanding the foregoing, Lessee shall comply with all federal, state, and local laws and any provision
stated herein shall be waived or modified if in conflict with applicable law.
(B) MAINTENANCE. Lessee shall, at its own expense, maintain the Property in good condition,
in good repair, and in a safe, sanitary, and habitable, living condition for the benefit of the Project's
occupants. Lessee shall not commit or permit any waste on or to the Property and shall prevent and/or
rectify any physical deterioration of the Property. Lessee shall maintain the Property in conformance with
all applicable state, federal, and local laws, ordinances, codes, and regulations, this Agreement and the five.
In the event the Lessee fails to maintain the Property in accordance with these standards and after ten
(10) calendar days written notice to Lessee, the City or its agent may, but shall be under no obligation to,
enter upon the Property, make such repairs or replacements as are deemed necessary in City's reasonable
discretion, and provide for payment thereof. Any amount advanced by City to make such repairs, together
with interest thereon at the legal rate (unless payment of such an interest rate would be contrary to
applicable law, in which case interest shall accrue at the rate then allowed by applicable law), shall become
an additional obligation of Lessee to City.
Nothing contained in this Section shall be interpreted to place any restriction or limitation on the City's
right to take such actions as it deems necessary or proper to protect the health and safety of the public in
the proper exercise of the City's authority under federal, state, and local laws.
(C) UNIT VACANCIES. Lessee shall use its best efforts to fill vacancies in the Project with
Qualifying Households as quickly as possible. If the Lessee is unable to fill vacancies within a reasonable
period of time due to a lack of Qualifying Households, Lessee shall contact City to request an exception to
one or more of the standards for determining a Qualifying Household. The City shall retain sole discretion
over any exception to standards noted herein.
(D) INSPECTION AND RECORDS. Lessee shall maintain records which clearly document
Lessee's performance of its obligations to operate the Property under the Management Plan and this
Agreement. Lessee shall submit any records to the City within ten (10) business days of City's request.
Lessee shall permit City to enter and inspect the Property for compliance with obligations under this
Agreement upon five (5) days advance written notice of such visit by City to Lessee or Lessee's property
manager and to tenants of any inspected Project units, subject to the provisions of the Rental Agreement
regarding inspection and entry rights, a copy of which Lessee must provide to City upon request.
Further, at the written request of the City, Lessee shall, within a reasonable time following receipt of such
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request, furnish reports and shall give specific answers to questions upon which information is desired from
time to time relative to the income, assets, liabilities, contracts, operations, and condition of the
Property.
(E) AUDIT AND INSPECTION. The Property and all related equipment, buildings, plans, offices,
books, contracts, records, documents and other related papers shall at all times be maintained in
reasonable condition for audit and shall be subject to examination by the City or its agents. The books and
accounts of the operations of the Project and of the Property shall be kept in accordance with generally
accepted accounting principles.
(F) ANNUAL REPORT. Lessee shall submit an annual report to City, which shall include, at a
minimum, the initial and current rental rates and the income and household size of the occupants at the
time such occupants initially take occupancy or at the time of their last annual income recertification,
whichever is later. The income information required under this report shall be supplied by the Tenant in a
certified statement in compliance with all applicable rules and regulations of the U.S. Department of
Housing and Urban Development. City may require reasonable additional information to be included in the
annual report.
(G) INSURANCE COVERAGE. Lessee throughout the duration of this Agreement, shall maintain
insurance naming Lessee (including its agents, representatives, permitted subcontractors, employees,
elected and appointed officials, and volunteers) in connection with the Activities under this Agreement, of
the types and in the coverage amounts set forth in Exhibit "F" attached to this Agreement, and incorporated
herein by reference, entitled "Insurance Requirements." Exhibit F to this Agreement identifies the
minimum insurance levels with which Lessee shall comply; however, the minimum insurance levels shall
not relieve Lessee of any other performance responsibilities under this Agreement (including the indemnity
requirements), and Lessee may carry, at its own expense, any additional insurance it deems necessary or
prudent to cover potential liability and to ensure that the rental units are repaired or replaced if they are
damaged or destroyed as required in subsection (K) below. Concurrently with the execution of this
Agreement by Lessee, and prior to the commencement of any occupancies or services, Lessee shall furnish
written proof of insurance (certificates and endorsements), in a form acceptable to City. Lessee shall
provide substitute written proof of insurance no later than thirty (30) calendar days prior to the expiration
date of any insurance policy required by this Agreement.
(H) REPORTING CLAIMS. Lessee shall notify City immediately of any claim or action
undertaken by or against Lessee, which affects or may affect the Property or this Agreement, the
Subrecipient Agreements, City or the State, and shall take such action with respect to the claim or action
as is consistent with the terms of this Agreement, the Subrecipient Agreements and the interests of City
and the State.
(1) INDEMNIFICATION. Lessee shall indemnify, defend, and hold harmless City (including its
directors, officers, elected and appointed officials, employees, agents, and volunteers) from and against
any and all claims (including all litigation, demands, damages, liabilities, attorneys' fees, costs, and
expenses) resulting or arising out of the performance or nonperformance of its obligations under this
Agreement by Lessee (including its directors, officers, elected and appointed officials, agents, and
employees), except only for those claims arising from the willful misconduct or sole negligence of City, its
directors, officers, elected and appointed officials, employees, agents, or volunteers or matters related to
acts or omissions by City prior to possession of the Property by Lessee. Lessee's indemnification shall
include any and all costs, expenses, court costs, attorneys' fees, and liability incurred by City in enforcing
the provisions of this Section, and in defending against such claims, whetherthe same proceed tojudgment
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or not. Lessee shall reimburse City for any expenditures City incurs by reason of this provision.
(J) PROPERTY DAMAGE OR DESTRUCTION. If any part of the Property is damaged or
destroyed, Lessee shall, at its own cost and expense, repair or restore the Property consistent with the
original condition of the Project when Lessee took possession, normal wear and tear excepted. Such work
shall be commenced within thirty (30) calendar days, or up to one hundred eighty (180) calendar days with
written approval of City, after the damage or loss occurs and shall be completed within three hundred sixty
(360) calendar days thereafter. All insurance proceeds collected for such damage or destruction shall be
applied to the cost of such repairs or restoration and, if insurance proceeds are insufficient for such
purpose, Lessee shall make up the deficiency.
(K) PROPERTY IMPROVEMENTS. Lessee shall not cause and shall not permit expansion,
reconstruction, or demolition of any part of the improvements on the Property without prior written
approval of City, which shall not be unreasonably denied.
(L) ASSIGNMENT, TRANSFER OR ENCUMBRANCE OF LEASE. Lessee shall not assign this
Agreement, transfer or encumber the Property, in whole or in part, without the prior written consent of
the City and the approval of the Lodi City Council in the form of a resolution. Requests to transfer or
encumber the Property shall be considered for approval only if the following conditions are satisfied:
1. The receipt by the City of evidence acceptable to the City that:
a) the Lessee shall not be in default hereunder or the transferee undertakes
to cure any defaults of the Lessee to the reasonable satisfaction of the City;
b) the continued operation of the Project shall comply with the provisions
of the Management Plan and this Agreement;
C) either (i) the transferee or its property manager has at least three (3)
years' experience in the operation and management of similar housing projects, and at least five (5) years'
experience in the operation and management of Permanent Supportive Housing projects containing
below -market -rate units, without any record of material violations of discrimination restrictions or other
state or federal laws or regulations or local government requirements applicable to such projects, or (ii)
the transferee agrees to retain a property management firm with the experience and record described in
subclause (a) above, or (iii) the transferring Lessee or its management company will continue to manage
the Project, or another management company reasonably acceptable to the City will manage, for at least
one (1) year following such transfer and, if the capacity to do so exists, during such period the transferring
Lessee or its management company will provide training to the transferee and its manager in the
responsibilities relating to the Project; and
d) the person or entity that is to acquire operation of the Project does not
have pending litigation against it, and does not have a history of significant and material building code
violations or complaints concerning the maintenance, upkeep, operation, and Agreement compliance of
any of its projects as identified by any local, state or federal regulatory agencies.
2. The execution by the transferee of any document reasonably requested by the
City to evidence the assumption of the Lessee's obligations under this Agreement.
Lessee shall not transfer or encumber any of the Property or permit the conveyance, transfer, or
encumbrance of the Property unless such assignee, transferee or encumbrancer has agreed, in writing
and in a form suitable for recordation, to be bound by the terms of this Agreement and the then existing
Management Plan.
(M) DEFAULT AND REMEDIES. In the event of any breach or violation of this Agreement, City
or Lessee, as applicable, shall give written notice to Lessee or City, as applicable, by specifying: (a) the nature
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of the breach or violation, (b) the action required to cure the breach or violation, if an action to cure is
possible, and (c) a date, which shall not be less than ten (10) calendar days from the mailing of the notice,
by which such action to cure must be taken, if an action to cure is possible. If Lessee or City, as applicable,
fails to cure the breach or violation within the timeframe specified in the notice, or if a cure is not possible,
City or Lessee may proceed with any of the following applicable remedies:
1. Bring an action for equitable relief seeking the specific performance by Lessee or
City, as applicable, of the terms and conditions , and/or enjoining, abating, or preventing any violation of
said terms and conditions, and/or seeking declaratory relief;
2. Enter upon, take possession of, and manage the Property, either in person, by
agent, or by a receiver appointed by a court, and collect any rents, income, deposits, or reserves and apply
them to operate the Property, and continue in possession until such time as City determines that Lessee
is in a position to operate the Property in compliance with this Agreement;
3. After notice provided for herein, make such repairs or replacements to the
Property as are necessary and provide for payment thereof;
4. For violations of Lessee's obligations with respect to occupancy restrictions,
Project maintenance, and unit vacancies, there shall be two notices with cure period provided. Should the
violation(s) remain, there shall be imposed, as liquidated damages, a charge upon Lessee in an amount of
five hundred dollars ($5000) for each month the Project is not operated in compliance with this
Agreement, commencing after the expiration of any thirty -day notice and cure period. The parties to this
Agreement expressly agree that this charge of five hundred dollars ($500) per month is reasonable under
the circumstances existing at the time of this Agreement was entered into and represents a reasonable
attempt by the Parties to estimate the damaged to be suffered by the City in the event of Lessee's breach;
these damages include, but are not limited to, the City's loss of use of funds that were granted to Lessee
pursuant to this Agreement, and that could have been used to support other projects but for City's
commitment to fund the Project. This provision will remain in full force and effect even if the Parties fail
to expressly initial where indicated below.
Initials: Lessee , City
(Failure to initial does not invalidate this provision.)
5. For violations of Lessee's obligations with respect to Project rents, there shall be
imposed as liquidated damages, a charge upon Lessee in an amount equal to three (3) times the actual
amount Lessee has collected from any Qualifying Household in excess of the Qualifying Rent; or
6. Pursue any other remedy allowed at law or in equity.
The Parties agree that the sums and formulas designated herein as liquidated damages represent a
reasonable approximation of the damages City is likely to suffer from violations of the respective terms.
Lessee agrees to pay in full any accrued liquidated damages to City within ten (10) business days of a
written demand by City for such payment.
(N) NON -LIABILITY OF OFFICIALS, EMPLOYEES, AND AGENTS. No member, official, director,
elected or appointed official, employee, or agent of City shall be personally liable to Lessee or third party
beneficiaries for any obligation created under the terms of the Management Plan or this Agreement.
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(0) GOVERNING LAW. This Agreement shall be interpreted under and governed by the laws of
the State of California, except for those provisions preempted by federal law. However, the laws of the
State of California shall not be applied to the extent that they would require or allow the court to use the
laws of another state orjurisdiction. Lessee agrees that all actions or proceedings arising in connection with
this Agreement shall be tried and litigated only in the state and federal courts located in the State of
California, except that City, in its sole discretion, may elect that all such actions or proceedings be tried and
litigated in the County of San Joaquin or the United States District Court for the Eastern District of California,
Sacramento Division.
(P) ATTORNEYS' FEES AND COSTS. In the event that a legal or administrative action is brought
to interpret or enforce the terms of this Agreement or the Management Plan, the prevailing party shall be
entitled to recover all reasonable attorneys' fees and costs incurred in such action.
(Q) TIME. Time is of the essence in this Agreement.
(R) CONSENTS AND APPROVALS. Any consent or approval required under the Agreement shall
not be unreasonably withheld.
(S) CHANGES WITHOUT CONSENT OF TENANTS, LESSEES, OR OTHERS. Only City and its
successors and assigns, and Lessee shall have the right to consent and agree to changes in, or to eliminate
in whole or in part, any of the covenants or restrictions contained in this Agreement without the consent
of any easement holder, licensee, other mortgagee, trustee, beneficiary under a deed of trust or any other
person or entity having any interest less than a fee in the Property.
(T) NOTICES, DEMANDS, AND COMMUNICATIONS. Formal notices, demands, and
communications between Lessee and City shall be given by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally, to the principal offices of Lessee and City as follows, or if
any such office is relocated, to the new address specified by the relocated party:
CITY:
ATTN: City Manager
City of Lodi
P.O. Box 3006
Lodi, CA 95241
WITH A COPY TO: ATTN: City Attorney
City of Lodi
P.O. Box 3006
LESSEE:
Lodi, CA 95241
ATTN: Frank Saldana
Inner City Action, Inc.
1800 N. Wilson Way
Stockton, CA 95205
If the recipient refuses or rejects delivery, notice is deemed complete as of the date on which the Notice is
so refused or rejected, as conclusively established by the records of the United States Postal Service or
such express courier service.
(U) BINDING UPON SUCCESSORS. All provisions of this Agreement shall be binding upon and
inure to the benefit of the heirs, administrators, executors, successors -in -interest, transferees, and assigns
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of Lessee and City, and shall run with the land for the full term of this Agreement, regardless of any
conveyance or transfer of the Property. Any successor -in -interest to Lessee and any purchaser or transferee
of the Property shall be subject to all of the duties and obligations imposed on Lessee under this Agreement
for the full term of this Agreement. The term "Lessee" as used in this Agreement shall include all such
assigns, successors -in -interest, and transferees of Lessee.
(V) RELATIONSHIP OF PARTIES. The relationship of Lessee and City for this Project during the
term of this Agreement shall not be construed as a joint venture, equity venture, or partnership. City
neither undertakes nor assumes any responsibility or duty to Lessee or to any third party with respect to
the operation of the Property or the actions of Lessee except with regard to any City act or omission related
to the Property or the residential units that occurred prior to transfer of possession of the Property to
Lessee. Except as City may specify in writing, Lessee shall have no authority to act as an agent of City or to
bind City to any obligation.
(W) WAIVER. Any waiver by City or Lessee of any obligation in this Agreement must be in
writing. No waiver will be implied from any delay or failure by City or Lessee to take action on any breach
or default of Lessee or City or to pursue any remedy allowed under this Agreement or applicable law. Any
extension of time granted to Lessee or City to perform any obligation under this Agreement shall not
operate as a waiver or release from any of its obligations under this Agreement. Consent by City or Lessee
to any act or omission by the other party shall not be construed to be a consent to any other or subsequent
act or omission or to waive the requirement for City's or Lessee's written consent to future waivers.
(X) OTHER AGREEMENTS. Lessee represents that it has not entered into any agreements that
would restrict or compromise its ability to comply with the terms of this Agreement or the Management
Plan. Lessee shall not enter into any agreements that are inconsistent with the terms of this Agreement
without a written waiver by City, which shall not be unreasonably withheld.
(Y) AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to this
Agreement must be in writing, and shall be effective only if executed by both Lessee and City.
(Z) SEVERABILITY. Every provision of this Agreement is intended to be severable. If any
provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction,
the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
(AA) CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and
the terms and conditions of the Subrecipient Agreements, which are expressly incorporated into this
Agreement, the terms and conditions of the applicable Subrecipient Agreement shall control, except that
the time frames in this Agreement shall prevail over the time frames set forth in the Subrecipient
Agreements.
(BB) ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by
reference, comprises the entire integrated understanding between the Parties concerning the services
described herein. This Agreement supersedes all prior negotiations, agreements, and understandings
regarding this matter, whether written or oral. The documents incorporated by reference into this
Agreement are complementary; what is called for in one is binding as if called for in all.
SPECIAL PROVISIONS
(CC) AGREEMENT AND ACKNOWLEDGEMENT OF AGREEMENT. City and Lessee acknowledge
and agree that this Agreement has been negotiated at arm's length, that each party has been represented
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by independent counsel and/or has had an opportunity to consult with and be represented by independent
counsel, that this Agreement is deemed to be drafted by both parties, that no one party shall be construed
as the drafter of this Agreement, and that any rule of construction that ambiguities are to be construed
against the drafter shall not apply in the interpretation or construction of this Agreement.
(DD) AUTHORITY. The person(s) signing this Agreement hereby represents and warrants that
he/she is fully authorized to sign this Agreement on behalf of their respective party and to legally bind such
party to the performance of its obligations hereunder.
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written
and do hereby agree to the full performance of the terms set forth herein.
CITY:
CITY OF LODI,
a California General Law City and Municipal Corporation
By:
Stephen Schwabauer, City Manager
Approved as to form:
By:
Janice D. Magdich, City Attorn y
Attest:
By:
Olivia Nashed, City Clerk
ALL SIGNATURES OF THE PARTIES MUST BE NOTARIZED
I FCCFF•
Inner City Action, Inc., a California nonprofit
corporation
BE
Executive Director
Approved as to form:
By:_
Counsel for Lessee if
Applicable
EIN:
-20-
CALIFORNIA ALL.-PURPME ACICMOVAADGMEWr CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness- accuracy, or valldity of that document.
State of California
Couflty of
On befofe me.
Date
personatly appealed
,'dere Insert Name and Tale of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that helshelthey executed the same in
h:slherltheir authorized capacity(ies). and that by hislherftheir signatures) on the instrument the person(s),
or the entity ,up -on behalf of which the person(s) acted, executed the instrument.
Place Notary Seaf Above
I certify under PENALTY OF PERJURY Under the laws
of the State of California that tine foregoing paragraph
is true and carfect.
WITNESS my band and official seal_
Signature
-21-
Signature of Notary Publk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEWr CIVIL CODE: § 1189
:r,�ror ��t. ��trs��t?�r�.�t•:�..�t..��t�r.c„�r.r„�r.�sc„�r�t,.�c,Art.�r ��t,�
A notary pubic or other officer completing this certificate verlfm only the identity of the individual who signed the
document to whIch this certlficate is attached, and not She truUnfulness, accuracy, or valldity of that document.
State of California
County of
On
Da to
personally appeared
before me,
Here insert Name and Title of the Officer
Name(s) of Signe*)
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are
subscribed to the within instrurnert and acknowledged to me that helshelthey executed the sarne in
hislherltheir authorized capacity(ies), and that by hislherltheir signatures) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted. executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
-22-
Signature of Notafy Public
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
Property: 301 East Lodi Avenue, Lodi, California 95240
The land referred to is situated in the County of San Joaquin, City of Lodi, State of California, and is described
as follows:
Lots 7 and 8 of Block 37 of "CITY OF LODI" (formerly Mokelumne) as delineated on that Map filed in Volume 2
of Maps and Plats, Page 12, San Joaquin County Records lying northerly of the North line of Lodi Avenue.
Pursuant to a "Lot Line Adjustment" recorded on November 13, 2006, in Official Records Document No. 2006-
238310.
APN: 043-067-16
EXHIBIT B
HACSJ TRANSITIONAL HOUSING ASSISTANCE ADVANCEMENT INTER -AGENCY REFERRAL FORM
[Remainder of Page Intentionally Left Blank]
EXHIBIT B
M=
HOUSING AUTHORWY
111 -i , i ., ..,..,.,:OUIN
Transitional Housing Assistance Advancement Inter -Agency Referral Form
1. To refer a potential participant to the Housing Choice Voucher Program, please complete this form and
return it to the Housing Authority of the County of San Joaquin. As the referring agency, your signature
validates that the referred family has demonstrated acceptable levels of housing, income, and personal
stability and no longer require transitional housing coupled with support services.
2. Referrals will only be accepted by an approved local service provider who oversees or provides
transitional housing services; a government agency who works with homeless persons; or other
supportive shelter services, or agencies participating in a Supportive Housing Program, Shelter Plus
Care, or Emergency Solutions Grant Program.
3. All referred families must meet the Housing Authority of the County of San Joaquin's minimum eligibility
guidelines.
4. The Housing Authority of the County of San Joaquin will only accept referrals from agencies within San
Joaquin County.
5. Initial housing assistance will be provided in San Joaquin County.
Agency Name:
Employee Name:
Email:
Signature:
Applicant Name:
Soc Sec #:
Co -Head /
Spouse Only:
Soc Sec #:
Annual Income:
Email:
Mailing Address:
Last
Last
Date:
Address:
Telephone:
srral Information
D.O.B.:
First M.
Sex: Phone:
D.O.B.:
Sex:
First M. /.
Number of Family Member(s):
Phone:
State city Zip
Category: ❑ Transitioning out of institutional or other segregated settings
❑ At serious risk of institutionalization
❑ Homeless
❑ At risk of being homeless
Date
Received:
Date Entered in
System:
Date Referral was
Emailed Registration:
HAM
HOUSING AUTHORITY
COUNTY OF SAN JOAQUIN
Applicant Name:
HOUSING QUESTIONAIRE FORM
Please read this form carefully and answer the following questions:
1. Are you a Veteran? Are you a current member of the military, veteran, or surviving spouse of a veteran?
Provide proof of honorable discharge; if discharge is less than honorable, provide proof of eligibility to
receive veteran's benefits.
❑ Yes (please provide proof) ❑ No
2. Do you live in San Joaquin County? Do you live, work or have been hired to work within San Joaquin
County?
❑ Yes (please provide proof) ❑ No
3. Are you, your spouse, or other family member disabled? Are you or a family member a person who
has a physical, mental, or emotional impairment that is expected to be of long- continued and indefinite
duration; substantially impedes his or her ability to live independently; and is of such a nature that ability to
live independently could be improved by more suitable housing conditions, as defined in Section 223 of the
Social Security Act, OR a developmental disability as defined in section 102(7) of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(7)).
❑ Yes (please provide proof) ❑ No
4. Have you been displaced by government action through no fault of your own? If you have had to
move due to governmental action, such as the request of a city. Involuntary displacement means you have
been displaced (moved) from your residence and are not living in standard, permanent replacement
housing. The Request to move cannot be because of eviction or due to your actions.
❑ Yes (please provide proof) ❑ No
Note: If you answered "Yes" to any of these questions, you are required to provide written proof for each
"Yes" you indicated.
5. Please list your last two (2) known addresses:
Address
Address
City, State Zip Code
City, State Zip Code
I hereby certify that the above information is true and correct.
Applicant Signature Date
Owner Contact #
Owner Contact #
2575 Grand Canal Blvd. I Stockton, CA 95207
(209) 460-5000 1 TDD 711 or 1-800-855-7100
EXHIBIT C
2019 HEAP SUBRECIPIENT AGREEMENT
[Remainder of Page Intentionally Left Blank]
EXHIBIT C
SAN J OA Q U f N Office of the County Administrator
COUNTY Monica Nino, County Administrator
Jerry Becker, Assistant County Administrator
April 1, 2019
MEMORANDUM
TO: Stephen Schwabauer, Authorized Representative
FROM: Adam Cheshire, Program Administrator— Homeless Initiatives
SUBJECT: Homeless Emergency Aid Program Sub -Recipient Agreement
Enclosed you will find the agreement including all attachments executing your project using
Homeless Emergency Aid Program funds as allocated by the San Joaquin Continuum of
Care. Please review each section carefully, then sign, date and/or initial where indicated.
Please scan the signed, dated and initialed agreement and send to me at:
acheshireC7sigov.oM
Please also return the original with wet signatures to me at:
County Administration Building
44 North San Joaquin Street
Sixth Floor, Suite 640
Stockton, CA 95202
ATTN: Adam Cheshire
You may begin using funds immediately following the execution of this agreement. Prior to
using funds, please contact Chris Becerra at cbecerra(c-bsigov.org or (209) 468-3157.
Should you have any other questions or need assistance, please do not hesitate to contact
me.
Thank you,
Adam Cheshire
Program Administrator — Homeless Initiatives
San Joaquin County
44 N. San Joaquin Street, Suite 640 1 Stockton, California 95202 1 T 209 468 3203 1 F 209 468 2875
SUBRECIPIENT AGREEMENT FOR SAN JOAQUIN CONTINUUM OF CARE CA -511
HOMELESS EMERGENCY AID PROGRAM (HEAP) FUNDING FOR FY 2019-2020
THIS AGREEMENT entered into, by and between Sail Joaquin County, a political subdivision of the State
of California, hereinafter referred to as "COUNTY" and The City of Lodi, hereinafter referred to as
"SUBRECIPIENT". Collectively "COUNTY" and "SUBRECIPIENT" are the "Parties."
The tenn of this Agreement is the date of the EFFECTIVE DATE through and including October 31, 2021,
The COUNTY is hereby awarding SUBRECIPIENT an amount not to exceed: $1,250,000 (the FUNDS) as
applied for by SUBRECLPI ENT in its San Joaquin Continuum of Care CA -51 I Homeless Emergency Aid
Program Application (SUBRECIPIENT'S APPLICATION) submitted to COUNTY on November 16,
2018, which is hereby made part of this Agreement.
SUBRECIPIENT shall expend 100 percent of the FUNDS pursuant to this Agreement prior to June 30,
2021. Any of the FUNS not expended by SUBRECIPIENT by that date shall be returned to the COUNTY
for reversion to the State pursuant to Health and Safety Code Section 50215.
The Parties ague to comply with the terms and conditions of the following Exhibits, which are hereby made
part of this Agreement:
EXHIBIT A: Authority, Purpose, and Scope of Work
EXHIBIT B: Budget Detail and Payment Provisions
EXHIBIT C: Terms and Conditions
EXHIBIT D; Special Terms and Conditions
Total number of Mages attached:
The effective date of this Agreement shall be the date the last of the Parties signs this Agreement (the
EFFECTIVE DATE).
IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto,
SUBRECIPIENT's NAME:
Printed Name and Title of Person Signing
SAN JOAQUIN COUNTY:
Date Signed: April I, 2019
BY: (Authorized signature)
Adam Cheshire — Program Administrator — Homeless Initiatives
ATTEST:
E N1FER . FERRAIOLO
City Clerk
Appr ped as to Form:
1ANICE . MAGflICH
� _ rney
a
VT.Tj i
SUBRECIPIENT AGREEM ENT
EXHIBIT A
AUTHORITY$ PURPOSE, AND SCOPE OF WORD
The Parties to the Subrecipient Agreement for Saul Joaquin Continuum of Care CA -511 Homeless
Emergency Aid Program (HEAP) Funding for Fiscal Year 2019-20 (this "Agreement"), of which
this is Exhibit A.
[WORY.1111 CIT19.NAIA
A. The State has established HEAP under Chapter 5 (Commencing with Section 502I0) of
.Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions
established under SB 850 (Chapter 48, Statutes of 2018).
B_ HEAP is administered by the California Homeless Coordinated and Financing Council
(Council) in the Business, Consumer Services and Housing Agency (Agency),
C. The Agency provides one-time flexible: block grant fields to Administrative Entities as
defined in the September 5, 2018, HEAP Notice of Funding Availability (NOFA).
D. HEAP Objectives are to benefit the emergency needs of homeless individuals, and aid
individuals at imminent risk of homelessness, as defined in Chapter 5 (commencing with
Section 50210) of Part 1 of Division 31 of the .Health and Safety Code, and all other
relevant provisions established un SB 850 (Chapter 48, Statutes of 2018).
E. COUNTY applied for and received HEAP grant funds and is the recognized
Administrative Entity (AE) as provided for by HEAP and defined in the September 5.
2018, HEAP NOFA. Therefore, the COUNTY will administer and distribute HEAP
funds allocated to the COUNTY.
F. Based on SUBRECIPIENT's APPLICATION COUNTY determined that
SUBRECIPIENT is eligible and qualified as a subrecipient for HEAP funds to be spent
in a manner that will meet the HEAP Objectives.
G. In entering into this Agreement and accepting the FUNDS, SUBRECIPIENT agrees to
comply with the terms and conditions of this Agreement, the SUBRECIPIENT
APPLICATION, the NOFA under which the SUBRECIPIENT applied, and the
requirements of HEAP.
F#7Tl.TZiI���1
The purpose of this Agreement is to pass through HEAP one-time block grant funding
awarded to the COUNTY to the SUBRECIPIENT to spend in a manner that is consistent with the
HEAP Objectives within Sari Joaquin County.
�1�11y1IlIICI]►�
Terms in this Agreement have the same meaning as the definitions set forth in the HEAP
4. DISBURSEMENT
2419-20 HEAP Stibrecipicnt .Agreement 1 of 2 EXHIBIT A
SUBRECIPIENT INITIALS
COUNTY shall disburse HEAP funds to SUBRECIPIENT in an amount not to exceed
$1,250,000 (the "FUNDS") pursuant to SUBRECU'IENT AGREEMENT Exhibit D upon
submission by SUBRECIPIENT of a Subrecipient Request for Funds 1{oral (RVF).
S. SCOPE OF WORK
The Scope of Work for this Agreement includes the SUBRECIPTENT's expending of the
FUNDS after disbursement on one-time uses that are consistent with I IEAP, Chapter 5 (commencing
with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant
provisions established under SB 850 (Chapter 48, Statutes of 2018) as detailed in the
SUBRECIP1ENT APPLICATION Project Budget, compliant with. this Agreement, and to the
satisfaction of the COUNTY.
Any use of the FUNDS on housing -related activities including but not limited to, emergency
shelter, rapid -rehousing, rental assistance, transitional housing, and permanent supportive housing
must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant
to Welfare and histitution Code Section 8255(b).
5. COUNTY CONTRACT COORDINATOR
COUNTY contract coordinator for this Agreement is the County's Neighborhood
Preservation Management Analyst or designee. All notices, reports, or other communication
required pursuant to this Agreement shall be emailed and mailed by first class mail as follows, unless
the SUBRECIPIENT is otherwise directed in writing by the County:
Christine Becerra, Management Analyst III
1810 E Hazelton Ave, Stockton, CA 95205, Stockton, CA 95202
cbece1T@@sgjov,org
(209) 468-3157
7. SUBRECIPIENT's CONTRACT COORDINATOR
SUBRECIPIENT's contract coordinator for this Agreement is identified below. All notices,
reports, or other communication required pursuant to this Agreement shall be emailed and mailed by
first class mail as follows, unless the COUNTY is otherwise directed in writing by SUBRECIPIENT:
SUBRECIPIENT's Authorized
Representative Name:
Address:
Phone:
Email.:
2019-20 HEAP Subrecipient Agreement 2 of 2 EXHIBIT A
SUBRECIPIENT INITIALS
SUBRECIPIENT AGREEMENT
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
The Parties to the Subrecipient Agreement .For San Joaquin Continuum of Care CA -51.1 Homeless
Emergency Aid Program (HEAP) Funding for Fiscal Year 2019-20 (this "Agreement'), of which
this is Exhibit B.
1. BUDGET DETAIL:
SUBRECIPIENT agrees that the FUNDS shall be expended on one-time uses that are consistent
with HEAP, Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and
Safety Code, and all other relevant provisions established under S13 850 (Chapter 48, Statutes of
2018) as detailed in the SUBRECIPIENT APPLICATION Project Budget, compliant with this
Agreement, and to the satisfaction of the COUNTY.
2. CONDITIONS PRIOR TO DISBURSEMENT:
Prior to COUNTY's disbursement of the FUNDS, SUBRECIPTF.N'I' shall submit the following
to COUNTY:
A. One completed Request for Funds Form (RFF)
B. Four original copies of the signed SUBRECIPIENT AGREEMENT including initialed
Exhibits A -D
C. Any other documents, certifications, or evidence requested by COUNTY as pant of the
HEAP application or this Agreement
3. EXPENDITURE OF FUNDS:
SUBRECIPIENT shall expend the FUNIS in compliance with the NOFA, this Agreement,
and Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other relevant
provisions established under SB 850, including but not limited to Health and Safety Code
Sections 50214 and 502.15 which mandate the. following:
A. No more than 5 percent of the FUNDS may be used for administrative costs related
to the execution of eligible activities.
B. No less than 5 percent of the FUNDS shall be used to establish or expand services
meeting the needs of homeless youth or youth at risk of homelessness.
C. No less than 50 percent of the FUNDS shall be contractually obligated by January 1,
2020.
D. 100 percent of the FUNDS shall be expended by June 30, 202 l _
E. Any funds not expended by June 30, 2021, shall be returned to the COUNTY for
reversion to the Agency and the General Fund.
The FUNDS may not be obligated and expended prior to the SUBRECIPIENT's
receipt of the FUNDS even if it is for an eligible use under the statute and this Agreement.
2.019-20 HEAP Subrecipient Agreement 1 of 2 EXHLBI B
SURRECIPIENT INITIALS
4. DISBURSEMENT:
COUNTY shall disburse the FUNDS to the SUBRECIPIENT upon receipt, review, and
approval of a complete RFF and subject to conditions of this Agreement by SUBRECIPIENT. The
FUNDS shall be provided in a one-time grant by check to the SUBRECIPIENT.
5. BUDGET CHANGES:
SUBRECIPIENT shall expend the FUNDS consistent with this Agreement with no changes
unless the SUBRECIPIENT first obtains consent fi-okn the County and the Parties then
memorializes the agreed upon change in writing, which shall be made an addendum to this Exhibit.
5. INELIGIBLE COSTS:
SUBRECIPIENT shall not use the FUNDS for costs associated with activities in violation of
any law or for any activities or uses that are not consistent HEAP, including but not limited to
Health and Safety Code Section 50214, for costs not authorized by this Agreement, or for costs
not sufficiently documented (INELIGIBLE COSTS).
The COUNTY may request additional information, evidence, and clarification to determine
the reasonableness and eligibility of all costs paid with the FUNDS. If SUBRECIPIENT uses the
FUNDS for INELIGIBLE COSTS then SUBRECIPIENT shall be required to reimburse the
COUNTY the amount of the INELIGIBLE COSTS within 30 days of the COUNTY's discovery
of the expenditure.
The COUNTY, at its sole and reasonable discretion, shall make the final determination
regarding whether SUBRECIPIENT's use of FUNDS is allowable or constitutes INELIGIBLE
COSTS.
Program funds shall not be used for overhead or planning activities, including Homeless
Management Information Systems or Homelessness Plans, and, therefore use of the FUNDS on
such items constitutes INELIGIBLE COS'T'S.
The County may deem SUBRECIPIENT's use of the FUNDS on an activity not described in
Exhibit A or this section as authorized if the activities are consistent with Health and Safety
Code Section 50214 and such activities are included in the COUNTY approved RFF or are
approved in writing by the COUNTY prior to the expenditure of FUNDS for that use.
7. ADMINISTRATIVE COSTS:
SUBRECfPIENT shall use no more than 5 percent of the FUNDS on administrative costs
related to the execution of eligible activities pursuant to Health and Safety Code Section 50214.
For purposes of this Agreement and HEAP, "administrative costs" does not include staff costs
directly related to carrying out the eligible activities described in this Agreement and,
specifically, paragraph 1 of this Exhibit.
2019-20 HEAP Subrecipient Agreement 2 of 2 EXHIBIT
SUBRECIPIENT INITIALS
SUBRECIPIENT AGREEMENT
EXHIBIT C
ITI DBi► i.�►Tl��f�l]TT rCf�►�9
The Parties to the Subrecipient Agreement for San Joaquin Continuum of Care CA -511 Homeless
Emergency Aid Program (I lEAP) Funding for Fiscal Year 2019-20 (this "Agreement"), of which
this is Exhibit C.
X. Commencement of Work and Completion Dates:
A. SUBRECIPIENT shall not commence work nor incur or obligate any costs to be paid
with the FUNDS prior to receiving the FUNDS from COUNTY.
B. SUBRECIPIENT must contractually obligate no less than 50 percent of the FUNDS
by January 1, 2020, and expend 100 percent of the FUNDS by lune 30, 2021. Any
funds not expended by .lune 30, 2021, shall be returned to COUNTY.
i. "Obligate" means SUBRECIPIENT has placed orders, awarded contracts,
received services, or entered siirdlar transactions that require payment fi•om
the FUNDS.
ii. "Expended" means all FUNDS obligated under contract or subcontract have
been fully paid and receipted, and no invoices remain outstanding.
C. SUBRECIPIENT shall complete all work by the expiration date specified in this
Agreement and shall provide all services within the Scope of Work for the full tram of
this Agreement.
2. Sufficiency of Funds and Termination:
A. This Agrecrrnent is valid and enforceable only if sufficient funds are made available to
the COUNTY by the Agency and legislative appropriation. in addition, this
Agreement is subject to any additional restrictions, limitations or conditions, or
statutes, regulations or any other laws, whether federal or those of the State of
California, or of any agency, department; or any political subdivision of the federal ar
State of California governments, which may affect the provisions, terms or funding of
this Agreement in any mariner.
B. The COUNTY may terminate this Agreement at any time for cause by giving a
minimum of 14 days' notice of termination, in writing, to SUBRECIPIENT.
i. "Cause" paeans:
i. A violations of any terms or conditions of this Agreement, or any
breach of contract as described in Paragraph 7 of this Exhibit; or
ii. A violation of any Federal or State Laws or Regulations; or
iii. A withdrawal of COUNTY's expenditure authority.
2019-20 HEAP Subrecipient Agreement 1 of 9 L+IIIBI C
SUBRECIPIENT INITIALS �}
C. Upon termination of this Agreement for cause, unless otherwise approved in writing
by the COUNTY, any unexpended FUNDS shall be returned to the COUNTY within
thirty days of a notice of termination.
3, Transfers:
SUBRECIPIENT may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof, except with tl-le
prior written approval of the COUNTY and a formal amendment to this Agreement to affect
such subcontract or novation.
4. SUBRECIPIENT's Application for Funds:
The COUNTY is entering into this Agreement on the basis of, and in substantial reliance
upon, SUBRECIPIENT'S APPLICATION, including the facts, information, assertions, and
representations contained in that application, and in any subsequent modifications or additions to
that Application prior to the EFFECTIVE DATE of this Agreement. SUBRECIPIENT'S
APPLICATION is part of this Agreement.
SUBRECIPIENT warrants that all information, facts, assertions, and representations
contained in SUBRECIPIENT'S APPLICATION and approved modifications and additions
thereto are true, correct, and complete to the best of SUBRECIPIENT'S knowledge.
If any part of the SUBRECIPIENT'S APPLICATION or COUNTY approved modification is
determined to be untrue, incorrect, Incomplete, or misleading in such a manner that would
substantially affect COUNTY's approval, disbursement, or monitoring of the FUNDS or this
Agreement, then the COUNTY may declare a breach of this Agreement.
5. Accounting/Reporting/Audits:
A. SUBRECIPIENT shall adhere to standard accounting principles and procedures, utilize
adequate internal accounting and security controls. and maintain necessary source
documentation for all costs incurred.
B. SUBRECIPIENT shall submit Quarterly Reports, first Quarterly Report due 30 days
after receipt of the FUNDS and quarterly thereafter, an Annual Report by December
15, 2019, and December 15, 2020, and a Final Report by September 15, 2021, to the
COUNTY on forms provided by the COUNTY.
i. If the SUBRECIPIENT fails to provide the required reports then it may
constitute a COUNTY may declare of breach of this Agreement.
C. The Quarterly reports and annual reports shall contain a detailed report containing the
following:
i. Amount of award with activity(ies).
ii. Contract expenditures.
2019-20 HEAP Subrecipient Agreement 2 of 9 EXHIBI C
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iii. Unduplicated number of homeless persons or persons at imminent risk of
homelessness served.
iv, Number of instances of service (defined in September 5, 2018 HEAP NOFA).
V. Increases in capacity for new and existing programs.
vi. The number of unsheltered homeless persons becoming sheltered.
vii. The number of homeless persons entering permanent housing.
(May be reflected using a completed Logic Model)
D. Report breakdowns are be expected for each activity (i.e. services, capital
improvements, rental assistance, etc.) and program type (Le. emergency shelter, rapid
re -Dousing, outreach, etc.) for the supplemental reporting requirements listed above
when applicable. The same information will also be requested specifically for the
following subpopulations, based on priorities defined by the U. S. Department of
Housing and Urban Development (HUD):
i. Chronically homeless
ii, Homeless veterans
iii. Unaccompanied homeless youth
iv. Homeless persons in families with children
E. Counts by subpopulation will not be required in cases where that information is
unavailable, but it is expected in cases where client information is entered in a
Homeless Management System (HMiS). Additional breakdowns for other subgroups
(e.g. race, ethnicity, disability status, etc.) are optional, if the SUBRECIPIENT
chooses to include thein.
F, Reports shall include SUBRECIPIENT comments on the following:
i. Progress made toward the COUNTY's homelessness goals and Strategic
Priorities.
ii. The alignment between HEAP funding programs and "Housing First"
principles adopted by the Homeless Coordinating and Financing Council.
iii. Any other effects from HEAP funding that the SUBRECIPIENT would like to
share (optional).
O. COUNTY may perform or cause to be performed a financial audit of
SUBRECIPIENT.
H. COUNTY may demand that SUBRECIPIENT provide, at its own expense, a financial
audit prepared by a certified public accountant. The administrative portion of the
FUNDS may be used to fund this expense. If COUNTY demands and audit:
i. SUBRECIPIENT shall notify the COUNTY of the auditor's name and address
immediately after the selection has been made, The contract for the audit
shall allow access by COUNTY to the independent auditor's working papers.
ii. SUBRECIPIENT is responsible for the completion of audits and all costs of
preparing audits.
2019-20 HEAP Subrecipient Agreement 3 of 9 EXHIBIT,,(;
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iii. If there are audit findings, SUBRECIPIENT must submit a detailed response
acceptable to the COUNTY for each audit finding within. 90 days fiorn the
date of the audit.finding.
6. Retention and Inspection of Records:
A. 'rhe SUBRECIPIENT shall maintain all records required by Chapter 5 of Part 1 of Division
31 of the flealth and Safety Cade and all other applicable requirements established under SB
850, HEAP guidance document published on the website and this Agreement, that are
pertinent to the activities to be funded under this: Agreement. SUBRECIPIENT shall retain
records including but not be limited to:
i. Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the Objectives
of the HEAP program;
iii. Records required to determine the eligibility of activities; and
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with FUNDS
B. SUBRECIPIENT shall retain all records described in Paragraph A for a minimum period
of 5 years after the termination of this Agreement.
i. If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been commenced before the expiration of the required record retention period,
all records must be retained until completion of the action and resolution of all
issues which arise from it.
C. SUBRECIPIENT shall allow the COUNTY or its designee to review, obtain, and copy all
records and supporting documentation pertaining to performance of this Agreement.
SUBRECIPIENT agrees to provide the COUNTY or its designee, with any relevant
information requested. The SUBRECIPIENT agrees to permit the COUNTY or its
designee access to its premises, upon reasonable notice, during normal business hours for
the purpose of interviewing employees who might reasonably have information related to
such records and inspecting and copying such books, records, accounts, and other materials
that may be relevant to a mattes- under investigation for the purpose of determining
compliance with the Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and
all other applicable requirements established under SB 550, HEAP program guidance
document published on the website; and this Agreement.
7. Breech and Remedies:
A. The fallowing shall each constitute a breach of this Agreement:
i. SUBRECIPIENT°s failure to comply with the terms or conditions of this
Agreement.
ii. Use of, or permitting the use of. FUNDS for any INELIGIBLE COSTS.
iii. Any failure to comply with the deadlines set forth in this Agreement.
2019-2.0 HEAP Subrecipient Agreeineni 4 of 9 EXHIBIT C
SUBRT+,CIPIENT INITIALS ]
B. In addition to any other remedies that may be available to the COUNTY in law or
equity for breach of this Agreement, the COUNTY may:
i. Bar the SUBRECIPIENT from applying for future HEAP funds through the
COUNTY;
ii. Revoke any other existing HEAP awards) to the SUBRECIPIENT,
iii. Require the return of any unexpended FUNDS disbursed under this
Agreement;
iv. Require repayment of FUNDS disbursed under this Agreement;
V. Require the immediate return to the COUNTY of all funds derived from the
use of FUNDS including, but not limited to, recaptured funds and returned
funds;
vi. Seek, in a court of competent jurisdiction, an order for specific performance of
the defaulted obligation or the appointment of a receiver to complete the
technical assistance in accordance with HEAP requirements; and
vii. Seek such other remedies as may be available under this Agreement or any
law.
C, All remedies available to the COUNTY are cumulative and not exclusive.
D. The COUNTY may give written notice to the SUBRECIPIENT to cure the breach or
violation within a period of not less than 15 days.
S. Waivers:
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of the COUNTY to enforce at any time the provisions of this
Agreement, or to require at any time, performance by the SUBRECIPIENT of these provisions,
shall in no way be construed to be a waiver of such provisions nor to affect the validity of this
Agreement or the right of the COUNTY to enforce these provisions.
9. Nondiscrimination.,
A. During the performance of this Agreement, SU BRECIPI ENT and its subcontractors shall
not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment, or deny medical, family care, or pregnancy disability leave,
because of sex (gender), sexual orientation, gender identity, gender expression, race,
color, ancestry, religion, creed, national origin (including language use restriction),
pregnancy, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer/genetic characteristics), age (over 40), genetic information, marital
status, or military and veteran status. SUBRECIPIENT and its subcontractors shall also
ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment.
B. SUBRECIPIENT and its subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code section 12990 (a -f) et seq.) and the
2019-20 HEAP Subrecipient Agreement. S of 9 EXHIBIT C
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applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
section 7285 et seq.). The applicable regulations of the .lair Employment and Housing
Commission implementing Government Code section 12900 (a-0, set forth in Chapter 5
of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full. SUBRECIPIENT
and its subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement.
10. Conflict of interest:
The Parties are subject to State and Federal conflict of interest laws. Failure to comply with
these laws, including business and financial disclosure provisions, may result in this Agreement
being declared void. Other legal action may also be taken. Applicable statutes include, but are
not limited to, Government Code section 1090 and Public Contract Code, sections 10410 and
10411, for State conflict of interest requirements.
A, Current State Employees: No State officer or employee shall engage in any employment,
activity, or enterprise ftom which the officer or employee receives compensation or has a
financial interest, and which is sponsored or funded by any State agency, unless the
employment, activity, or enterprise is required as a condition of regular State
employment. No State officer or employee shall contract on their own behalf as an
independent contractor with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date they left State
employment, no former State officer or employee may enter into a contract in which they
engaged in any of the negotiations, transactions, planning, arrangements, or any part of
the decision-making process relevant to the contract while employed in any capacity by
any State agency. For the twelve-month period from the date they left the State
employment, no former State officer or employee may enter into a contract with any
State agency if they were employed by that State agency in a policy-making position in
the same general subject area as the proposed contract within the twelve-month period
prior to their leaving State service.
C. Employees of the SUBRECIPIENT: Employees of the SUBRECIPIENT shall comply
with all applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the California Political Reform
Act, Government Code section 87100 et seq.
11. Drug -Free Workplace Cerfification:
Certification of Compliance: By signing this Agreement, SUBRECIPIENT, and its
subcontractors, hereby certify, under penalty of perjury under the laws of State of California,
compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code
8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees and subcontractors that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prolubited and
2019.20 HEAP Subrecipient Agreement 6 of 9 EXMBI
SUBRECIPIENT INITIALS
specifying actions to be taken against employees, contractors, or subcontractors for
violations, as required by Government Code Section (8355(a)(1).
B. Establish a Drug -Free Awareness Program, as required by Government Code section
8355(a)(2) to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace;
ii. SUBRECIPIENT's policy of maintaining a drug-fi•ee workplace;
iii. Any available counseling, rehabilitation, and employee assistance programs;
and
iv. Penalties that may be imposed upon employees, contractors, and
subcontractors for drug abuse violations.
C. Provide, as required by Government Code section 8355(a)(3), that every employce and/or
subcontractor who works under this Agreement:
1. Will receive a copy of SUBRECIPIENT's dtug-free policy statement, and
2. Will agree to abide by terms of SUBRECIPIENT's condition of employment or
subcontract.
12. Child Support Compliance Act:
For any contract or subcontract for FUNDS in excess of $100,000, the SUBRECIPIENT
acknowledges in accordance with Public Contract Code 7110, the following:
A. SUBRECIPIENT recogni7.es the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Cade; and
B. SUBRECIPIENT, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the California Employment Development
Department.
13. Special Conditions — Contractors/Subcontractor:
A. SUBRECIPIENT shall comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit D. These conditions shall he met to the
satisfaction of the COUNTY prior to disbursement of FUNDS.
B. SUBRECIPIENT shall ensure that all of its subcontractors are made aware of and agree
to comply with all the conditions of this Agreement and the applicable State requirements
governing the use of FUNDS. Failure to comply with these conditions may be deemed a
breach of this Agreement.
2019-20 HEAP Suhrecipient Agreement 7 of 9 EXHIBI C
SUBRECIPIENT INITIALS
C. Any agreement between SUBRECIPIENT and a subcontractor shall require the
subcontractor, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii, Maintain at least the minimum State -required worker's compensation for
those employees who will perform the work or any part of it.
iii. Maintain, as required by law, unemployment insurance, disability insurance.
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the
SUBRECIPIENT or any of its subcontractor in performing the work or any
part of it.
iv. Agree to include all the terms of this Agreement in each subcontract.
14. Compliance with State and Federal Laws, Rules, Guidelines and Relations:
A. SUBRECIPIENT shall comply with State and federal laws, rules and regulations that
pertain to construction, health and safety, labor, fair employment practices,
environmental protection, Equal opportunity, fair housing, and all other matters
applicable and/or related to HEAP and all eligible activities.
B. SUBRECIPIENT shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities ander this Agreement, including those
necessary to perform design, construction, or operation and maintenance of the activities.
SUBRI<CIPIENT shall provide copies ofpennits and approvals to the COUNTY upon
request.
C. SUBRECIPIENT shall be responsible for observing and complying with any applicable
federal, state, and local laws, rules or regulations affecting any such work, specifically
those including, but not limited to, environmental protection, procurement, and safety
laws, rules, regulations, and ordinances.
15. Inspections:
A. SUBRECIPIENT shall inspect any work performed pursuant to this Agreement to ensure
that the work is being and has been performed in accordance with the applicable Federal,
State and/or local requirements, and this Agreement.
.B. COUNTY reserves the right to inspect any work performed pursuant to this Agreement to
ensure that the work is being and has been performed in accordance with the applicable
Federal, State and/or local requirements, and this Agreement.
C. Any work by SUBRECIPIENT or by its subcontractors that is determined based on such
inspections to not conform to the applicable requirements shall be corrected and may be
determined to be a breach of this Agreement by the COUNTY.
Ib. Litigation
2019-20 HEAP Subrecipient Agreement 800 EXHIBIT C
SUBRECIPIENT INITIALS
A. I1'any provision of this Agreement, or an underlying obligation, is held invalid by a court
of competent jurisdiction: such invalidity, at the sole discretion of the COUNTY, shall
not affect any other provisions of this Agreement and the remainder of this Agreement
shall remain in full force and effect. Therefore, the provisions of this Agreement are and
shall be deemed severable.
B, SUBRECIPIENT shall notify the COUNTY immediately of any claim or action
undertaken by or against it, which affects or may affect this Agreement or the COUNTY.
C. SUBRECIPIENT shall hold harmless, defend, and indemnify the COUNTY from any and
al claims, actions, suits, charges, and judgments whatsoever that arise out of the
SUBRECIPIENT's performance or nonperformance under this Agreement.
17. Amendments:
A. The GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided
that such amendments makes specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of each organization, Such
amendments shall not invalidate this Agreement, nor relieve or release the
SUBRECIPIENT -Froin its obligations under this Agreement, unless so expressed in the
written amendment.
B. The GRANTEE may, in its discretion, amend this Agreement to conform with Federal,
State or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the FUNDS, the scope of
services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be incorporated only by written amendment signed by both
GRANTEE and SUBRECIPIENT.
18. ndenendent Contractor:
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the Parties. The
SUBRECIPIENT shall at all tines remain only a subrecipient of grant funds.
19. Religious Activities:
The SUBRECIPIENT shall not use FUNDS for inherently religious activities such as
worship, religious instruction, or proselytizatioin.
2019-20 HEAP Subrecipient Agreement 9 of 9 EXHIBIT C
SUBRE, CIPIENT INITIALS
SUBRECIPIENT AGREEMENT
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
The Parties to the Subrecipient Agreement for San Joaquin Continuum of Care CA -511 f lomcless
Emergency Aid. Program (HEAP) Funding for Fiscal Year 2019-20 (this "Agreement"), of which
this is Exhibit D.
1, SU13RECIPIENT shall deposit the FUNDS into an interest-bearing account opened by
SUBRECIPIENT far the FUNDS.
2. SUBRECIPIENT shall not deposit any other funds into the FUNDS account.
3. SUBRECIPIENT shall provide COUNTY access, upon request, to the FUNDS account for
monitoring purposes only, typically via a web portal, and monthly statements from the FUNDS
account in addition to the reports required in this Agreement.
4. All proceeds from the interest bearing account must be used for HEAP eligible activities.
Consistent with Health and Safety Code Section 50214 (b), no more than 5 percent of the
proceeds may be used for general administrative purposes and at least 5 percent of the proceeds
must be allocated to establishing or expanding services for homeless youth, as defined in HEAP
program documents.
5. Any housing -related activities funded with rIEAP funds, including but not limited to, emergency
shelter, rapid -rehousing, rental assistance, transitional housing, and permanent supportive
housing must be in compliance with the Core Components of Housing First, pursuant to Welfare
and Institution Code Section 82,55(b),
6. SUBRECIPTENT shall provide the COUNTY access to Homeless Management Information
System ("HMIS") data collected and entered into the SUBF.ECIPIENT's HMIS, upon request,
and to participate in any statewide data initiative as directed by the COUNTY, including but not
limited to, a statewide data integration environment.
2019-20 HEAP Subrecipient Agreement I of I EXHIBIT D
SUBRECIPIENT INITIALS
San Joaquin Continuum of Care CA -511 Homeless Emergency Aid Program Application
CONTACT INFORMATION
Organization Name:
City of Lodi
Other funds already
$338,500
Mailing Address:
PO Box 3006
Lodi
95241
Street City
$7.,8.67,942
Project/Program Location:
x -M • e
Lodi
95241
Street. City
Zip
Executive Director:
Stephen Schwabauer
sschwabauer@lodi.gov
209-333-6800
Name Email
Phone
Contact Person:
Patrice Clemons
pclemons@lodl.gov
209-333-6800 ext. 3404
Name Email
Phone
Website:
I www,lodl.gov
DUNS# 946000361
IEIN# 94-6000361
JBusiness License# NA
Type of Agency:
❑ 501{c}(3) IN Gov't/Public 113 Faith -Based
10 Other
Number of
paid staff:
2, Project Coordinator and City
Manager
Number of volunteers:
5, Committee on
Homelessness Members
FUNDING REQUEST
Funding requested in this
$1,521,942
Other funds already
$338,500
application:
secured for the project:
Total cost to complete
$7.,8.67,942
Other funds not yet
$7,500
project:
secured:
REQUIRED ATTACHMENTS
Using the checkboxes bel ow, indicate that all attachments were included with the application at submission:
®A copy of the project budget showing all funding sources and uses,
NA copy of the organization's operational budget for the current fiscal year and proposed budget for the 2018 —
2019 fiscal year.
NA copy of the organization's most recent balance sheet and income and expenditure statement.
®The most recent audited compilation report performed by a Certified Public Accountant.
®A determination letter from the Internal Revenue Service confirming 501{c}(3) tax-exem pt status.
NA current roster of the organization's officers and members of its Board of Directors, which includes their name,
position held, address, telephone number, and current employer(s).
NA copy of the organization's mission statement as approved by the Board of Directors.
❑Documentation of the ❑rganlzation's participation or commitment to participate in the local HM15.
®A resolution declaring a shelter tris€s from the governing body of the jurisdiction in which the project will be
located.
®Additiorrul: Project Timeline Chart
OAdd;tionol, MOUS
PROJECT INFORMATION
1. Provide a brief description of the proposed project for which funds are being requested. (2,500
characters/10 points)
The City of Lodi proposes the Lodi my House Project (Project) which will create approximately five units of
permanent supportive housing for homeless individuals and families or those at risk of homelessness.' This
supportive housing will help homeless individuals families move from emergency shelters, motel voucher and
transitional housing programs, or off the streets into long-term, affordable housing where they can continue their
progress toward stable and independent living.. The Project also helps those facing a housing crisis and at risk of
becoming homeless, such as people experiencing job loss or domestic violence.
The Project will receive tenant referrals from local organizations including Salvation Army, Lodi House, and
Women's Center, although more agencies may be added. These referral agencies will provide ongoing support
services to those they refer. These agencies estimate that, combined, they will refer 30 residents per year. The
Housing Authority of the County of San Joaquin (HA) will supply housing choice vouchers. To be eligible, a tenant
may not earn more than 809 of the family median income as required by U.S. Department of Housing and Urban
development (HUD); after a year of being on the voucher, the resident can apply for a tenant -based voucher, so
they can move off-site and still use the voucher.
HEAP funds will be used to purchase property, develop the site, and purchase and install manufactured tiny
homes. The City has vetted several properties, , to be determined as a viable option to purchase/develop.
The City will generally oversee the Project, while the HA will implement the Project, including purchasing owning
the property, completing construction of the site, and managing the property.
The Oty estimates that most residents will move out of the tiny homes and into private, market -rate houses within
a few years once they have achieved more stability, Income, and independence, This will allow the tiny homes to
again became available to those wanting to exit homelessness.
(1) Homeless Includes sheltered as defined In Sari Joaquin County Continuum of Care 707.7 Poi nt-In-Urne (PIT): person living in emergency
shelter, parucipating In transltlonaI housing programs, or IN Ing In motels through voucher program; and includes unsheltered deflPed as
persons living In a place not meant for human habltat] on.
2. Identify the need gap this proposed project will address. Please provide data and analysis from sources
such as the Point in Time Count, the Homeless Management Information System and the Housing
Inventory Count that demonstrate this gap. (2000 characters./3 points)
Permanent supportive housing (PSH) is in short supply In Lodi and surrounding San Joaquin County, which makes
exiting homelessness more difficult and prevents new space from more readily opening up in shelters and
transitional programs. Per the 2017 Paint -In -Time (AIT): "There appears to be little room off the streets for the
current unsheltered [homeless] population. data from (HM1S] indicates that many emergency homeless shelters
routinely operate at or above capacity. Permanent housing programs for the homeless report continued struggles
to find suitable housing for homeless households because of current market forces."
To illustrate this demand for permanent supportive housing, the PiT showed 557 unsheltered homeless in the
county, and 88 in Lodi (Committee on Homeless believes 200 is more accurate), who are In need of shelter and
assistance. Furthering exacerbating the capacity shortage, the county had a loss of 230 transitional housing beds in
2017 due to HUD's decision to reduce funding (page 2, PIT); also, 42 beds at a domestic violence shelter were
closed for construction,
Page 2 pf 9
❑f the 585 sheltered homeless, 804 were in emergency shelter and 181 were in transitional facilities. This means
that roughly 181 of them (18%) could find new housing in those transitional facilities when openings arise,
however, that leaves the 82% with no local transitlonal program optlon or at least a long wait. When leaving the
shelter, they must find permanent housing that is either private, market rate, or voucher, It takes years and is
often difficult to obtain a voucher, which are in short supply. Market -rate units are expensive for those exiting
homelessness. For example, the 2015 median rent for multi -family rental in Lad! was $1,201. Moreover, 98% of
extremely law- and 84% of very low-income households were paying more than 30% of their annual income (Lodi
2016 Housing Element).
While the Housing Inventory Count reports 1,052 permanent housing beds countywide, Lodi has far fewer at only
8 units of affordable housing offered by the HA and approximately 148 tenant -based vouchers.
3. How will this project address the need gap identified in the answer above? (2000 characters/2 points)
With the shortage of affordable and supportive housing options, the Project will help individuals/families end the
cycle of homelessness. When indlviduaIs/fa m[lies experience homelessness they face many obstacles that can take
years and adder{ resources to overcome. Even after completing a transitional living housing program or receiving
services, an individual/family may still be at risk of returning to homelessness, especially if they are unable to find
affordable housing in their community. These people face continuing challenges such as inability to afford rent,
lack of positive rental h!story, poor credit scores, financial debt, stable employment history, educatlonal training to
increase income, medical expenses, and continued access to emotional/mental health counseling services, For this
reason, this Project will provide ongoingsupportive services to its residents, potentially including continued access
to resources, therapy, food/clothing/household supplies, and case managers.
Rental assistance vouchers will also be provided so that residents do not pay more than 30% of their monthly
income to rent. The voucher will cover the difference between actual rent (approximately $740 to $825) and up to
30% of their monthly income. By making rent affordable, residents will he able to save money, pay debts, establish
rental history, and improve their credit score. Affordabie housing also creates the type of stability where residents
can better maintain employment, build on skills/education, continue accessing support/counseling services, be
invested In a community, and create emotional well-being, if homeless individuals/families cannot find affordable
rent, then they must relocate to another community, away from structures and support systems they've
developed and rely upon. Moving to a new community may mean changing schools, jobs, and access to affordable
transportation, and overall puts them at risk of returning to homelessness.
4. Does this project serve the unsheltered homeless? Please explain. (1000 characters/5 points)
This Project will serve unsheltered homeless, although it is more likely that sheltered homeless will move in.
Unsheltered homeless are likely to first seek services for their most urgent needs (e.g., food, shelter, income
assistance). Sheltered homeless are at high risk of returning to homelessness without long-term supportive
servlces/housing, When people are ready to move on from shelters/transitlonaI programs., they are often unable
to secure affordable housing. If they are not able to find affordable housing, they often stay in the poverty. At least
three local agencies will provide referrals for residents to live in the Project. These agencies might refer from their
shelters, transitional programs, or other situations, so long as the agency believes the individual/family would
income qualify and be able to progress toward independence, given same supportive services. The Project will not
provide the more intense, on-site case management typically seen In transitional programs,
S. Does this project focus on serving another special subpopulation priarltixed by the CoC? Please describe
the characteristics of the special population being served. (500 characters/1 point)
Both the Lad! House and Women's Center will refer women from their programs, many of whom have escaped
domestic violence. The agencies may also refer chronically homeless. As noted above, since Lodi does not currently
have many .Aordable housing apti ons, homelessness has become a longer, chronic condition. The Women's
Page 3 of 9
Center estimates it can refer six individuals per year to the Project; five referrals from Lodi House; and twenty from
Salvation Army, for a total of 30.
G. Describe how this project aligns with the Housing First model of service delivery, (500 ch aracters/2 points)
Based on WIC 8255(b) and NAEH, this Project prioritizes housing for people experiencing homelessness by offering
vouchered permanent units and voluntary support services, so that housing can be used to create stability and as a
platform to pursue personal goals. The Project prioritizes referrals from local agencies so that residents can
continue their progress and use of support systems that they have already established through those agency
services, shelters, and transitional programs.
7. Does your organization currently participate or plan to participate in the local HMIS? if so, provide
documentation of participation or a written commitment to participate as an attachment. (2 points)
Lodi plans to participate 1n the local HMIS as needed to comply with this grant. HA participates In HMIS as the
VASH administrator for San Joaquin County. HA provides rental assistance for up to 254 veterans and families In
partnership with the Palo Alto office of the Veterans Administration. Data is traLked as participants housed as well
as veterans who have been issued a VASH voucher currently seeking an apartment. Add itlonally, if needed, all
three referral agencies plan to participate 1n the local HMIS. Note: Proof of HMIS participation was not provided
through printed report due to confidentiality and no administrative page was available to print.
8. Does your organization currently participate in the CoC, Please explain. (500 character5/2 points)
Lodi City Manager participates in the COC by attending meetings, providing feedback, and bringing updates to City
Council. Members of the Lodi Committee an Homeiessness, including Salvation Army, participate in the Ad Hoc
Governance Committee, attend County Homelessness Task Force meetings, and sit on the CoC Board. HA has
participated in the Homelessness Task Force and Ad Hoc Governance Committee, and will sit on COC Board,
Referral agencies voiced interest in participating more often.
9. Describe your organization's experience and history managing similar projects within the community.
(2000 characters/5 points)
The: City of Lodi, incorporated in 1906, has 390 full-time employees with a budget of $200 million, and has
provided oversight and direct impie mentation over numerous development projects. Lod is Pubilc Works and
Community Development Departments team up to plan, design, engineer, construct, and essentially complete
every aspect of development. Additionally, under the CABG program, the City has overseen several projects over
last two years, including: City Hall Annex, for major renovations to City's Fire and parks facilities; Kofu Park
improvements, for new parking and pedestrian sidewalk; HA Washington Street improvements, for energy
upgrades and siding repairs to affordable housing complex, Lastly, the City assisted Eden Housing with efforts to
secure funding for development of an 80 -unit, affordable senior housing project, which was completed in 2017.
HA is a public corporation with an operating budget of $51M and 82 employees, and provides rental assistance to
over 5,000 households 1n the county. HA has many development projects currently under way. It has 115 units of
LI HTC housing with building delivery beginning January. Its next phase of 100 units are scheduled to close In March
2019. Between the two phases, project costs are roughly $80M. HA has also partnered on a downtown 34 -unit
Stockton project, It recently closed a senior project In Manteca with the same developer partner for 48 units with
4% tax credits. HA has a $3.5M award from BHS to produce 35 units of housing with MRSA funds, HA purchased
new administrative headquarters where it is renovating 18,000 square feet and will produce 27 units of housing for
BHS in a former HA buildings with 20 years of project -based subsidy. It has an 11 -unit property in Stockton that will
also be renovated. Plan check is under way for work to begin early 2019. Attached is a link from Sierra Vista
project from June. http5:/jwww,youtube.cam/watch?v=Pgw_I2WbxK8&t=4s .
Page 4of9
10. Describe the services your organization currently delivers within the community. (2000 characters/5
points)
The City has provided years of service to its residents, including library, parks and recreation, police, fire, public
works, building, planning, electric utility, transit service, water and waste services. Through its CDBG grant, the City
funds agencles to provide additional services, such as fair housing, gang prevention, youth and family counseling,
food distribution, and assistance for homelessness. Moreover, the City processed entitlements for 210 single-
family homes, 80 sen lor low-income apartments (Cranes Landing), 156 market -rate apartments (Rubicon), and 143
senior living apartments (Revel). The City anticipates another 200 single-family homes and 156 multi -family units
built in 2018-19.
HA provides rental assistance for over 6,400 households in the county, Including Lodi. In Lodi, HA has 2 muitl-
family properties with a total of 8 units. It also provides tenant -based housing choice vouchers to 148 households
in Lodi.
HA manages three migrant family farm labor housing developments for the Office of Migrant Services, a division of
California Department of Housing and Community Development. A total of 97 units are located on Harney bane
adjacent to the city. This housing is available from March through the end of December of each year. Child care
centers are provided for farmworkers at the sites.
Lodi House's transitional housing program provides counseling and shelter to women and children. Families have
an opportunity to build a budget, manage savings account, and gain skills in life/home management.
Salvation Army provides emergency lodging, hot meals, and clothing. It also has an Adult Rehabilitation Center
where clients are preparing to reenter the community.
Women's Center operates two undisclosed emergency shelters for victims of domestic Aoience and their children.
Multiple services are provided along with therapy, parenting classes, case management, life skills tralning, and
employment readiness.
11. Does the proposed project produce new units of low-barrler permanent housing or new units of low -
barrier emergency shelter space, or provide new rental assistance for permanent housing? Please
explain. (1900 characters/5 points)
This Project brings new units of permanent supportive housing to the Lodi community. This Project adds five
affordable units with no obligation to participate In a program on-site, though supportive services will be offered
by referring agencies, This Is so the resident can continue to receive support and access the resources that have
helped them grow in their independence. A resident's continued participation in support services, though limited,
can help them further establish stability in their home and personal life. HA wlII provide housing choice vouchers
so that the units maintain their affordability to tenants (no more than 30% of household income can be spent on
rent, instead the voucher will cover the difference).
Permanent supportive housing is "an Intervention that combines affordable housing assistance with voluntary
support services to address the needs of chronically homeless people," It "can also increase housing stability and
improve health." (Source: https://endhomelessness.org/ending-homelessness/solutions/permanent-supportive-
housin ).
12. How many unduplicated clients will the proposed project serve (placed in shelter, permanent housing,
etc.)? Please provide the ratio of cost per client served relative to HEAP funds requested and explain how
you arrived at that ratio. (1504 characters/5 points)
Page 5 of 9
Approximately three stud los (420 sq ft, each) and two ane -bedroom units (588 sq, ft. each) will be provided.
Stu dlos house no more than two persons, and one -bedrooms house no more than three persons. Given that, 5 to
12 persons could be living on the Project site at ane time, The City anticipates that all units will be full, given the
City's three partnering agencies—Lodi House, Salvation Army, and Women's Center—will have a combined total of
approximately 30 referrals per year. This is more than enough to fill the five units, and to create a waitlist. Should
referrals drop, other local agencies will be considered. Also, every year a certain portion of residents (20%, or one
resident per year) will likely move on to new housing. So, within a one-year period, anywhere from 6 to 15
residents will live at the property or an average of 11 residents.
In year one, the ratio of cost per clients served is 1 to $154,038, by dividing $1,550,442 total
acquisition/construction project costs by average number of tenants over one year, 11 (6 * 15 )/2 =11). However,
the cost per client in year and beyond two dramatically decreases due to the acquisition and construction cost
being paid. The HA will continue to pay for management of the properties through the rent and vouchers, and no
additional funds will be needed to cover the expenses.
13. Explain how this project will meet Communitywide System Performance Goals as adopted by the CoC
NEAP Committee. See below for a list of these goals. (2000 characters/5 points)
CoC Goal 42: This PSH project will help reduce by 20% the number of persons who return to homelessness through
the strategy of prevention. individuals/families who move Into the tiny homes will continue to have support
services provided to them by the agencies that referred them. This will help them navigate through potential
personal or financial crises that would otherwise cause them to lose housing but for this PSH project. Vouchers will
also be provided to each household so that they can afford rent (paying up to 30% of their income for rent).
Spending less on rent means people can continue to build savings and pay down debt. This will be measured by
tracking where tenants plan to live when they leave (are they entering market -rate unit, using a tenant -based
voucher, etc.).
CoC Goal 44: This Project will help tenants both increase their earned income from a job by 10% and increase their
overall income by 65%. Thelr reduced rent creates affordable and more stable housing which in turn both allows
tenants to keep focus on a job long enough to strengthen improve thelr skills, and helps them pay for/access
transportation consistently so that they reliably get to work, Affordable rent will also help tenants save mare cash
for retirement, savings, or investing, This will be tracked by comparing employment income and overall Income
from the initial income verification compared to ongoing annual verifications.
CoC Goal ff7: This PSH project will aim to have a housing stability measure of at least 85% by providing ongoing
support anti long-term housing for those that continue to income -qualify. This wliI be measured by looking at the
number of current tenants, those moving on, and those staying in the units each year.
HA uses several tools to trackthe above including HUD 50658 form, annual income recertifications, and end of
participation details.
14. Provide a timeline of how the proposed project will be delivered. Please explain how this timeline will be
rnet by your organixatlon and its capacity to spend all allocated funds within the HEAP tirnellne. (2000
characters/5 points)
The Project timeline is approximately 18 months, from January 2019 through lune 2420. Beginning 1n January
2.019, Lodi and its partners will enter Into discussions and agreements regarding the HEAP grant. In March, HA will
begin procurement of a design consultant. By the end of 2019, the plans and designs should be approved by City
and the project should be out to bid for construction contractors. The City will submit its first HEAP report in
January 2020. Site work will begin in early spring and construction should finish in May. Tenants should be able to
move in soon after. Project cost reimbursement and closeout wiil then begin.
Page 6 of 9
The City will generally oversee the project; however, HA will oversee project implementation from beginning to
end, starting with design and when site is completed and tenants occupy the units. HA will continue to manage
and maintaln the property.
Existing FTE staff from Building, Planning, and Public Works Departments will cover entitlement and permit
processes. Given the small number of units, no additional employees are anticipated. As for overall HEAP grant
coordination, the City anticlpates approximately 410 hours over the course of this project, which is the equivalent
of 10% FTE each year for two years. The City has no problem bringing on staff/consultants to supplernent staff as
necessary, In the past, the City has quickly adjusted staffing needs to address capacity demands, and has
consultant contractors readily available for such circumstances.
HA anticipates that the executive leadership team and a four -person construction development team wail have the
existing capacity to take on implementation of this Project. No new hires are anticipated at this time.
The three referral agencies have stated that they will provide ongoing support services to those that they refer,
and will not need additional HEAP or other grant funding, as they have sufficient funding currently to support this
Project. (See Attachment)
15. Explain how the proposed project will continue after all HEAP funds are expended. (2000 characters/5
points)
This Project will continue with minimal to no issues once the funding has been expended Funding will be used for
the purchase of land, tiny houses, infrastructure, and installation of tiny houses, There are no expected costs for
ongoing supportive services provided to the individual residents. Ongoing maintenance of the property and tiny
houses will be addressed through the rental income and the property management company (provided by HA).
Because the project wlll have no debt after REAP funds are used to pay for all site and construction costs, the units
are essentially operated without debt payments—thereby reducing the cost to maintain and manage the units to
an amount feasibly supported by the housing choice voucher program, plus cost of income from rents.
15. Explain how the proposed project will operate if the project is awarded less than its requested funding
total through HEAP. (1000 characters/D points tiebreaker)
The ongoing costs to Operate the tiny homes is based on the debt -free aspect of the Project. Should HEAP funds be
insufficient to cover total Project costs, the City would obtain additional funding in order to maintain the debt -free
model. The City may be able to apply for HUD grant funds. However, obtaining those supplemental funds would be
essential to completing the total visions for this project. If those additional funds are not procured in time, the
scope of the Project would be reduced and HEAP funds would be prioritized to first cover the purchase of the
property, then site development, and lastly, the purchase and installation of tiny homes. Cutbacks may result In
fewer tiny homes being installed, instead of the planned five; however, the City would continue fundraising until
all five units could be installed,
Page 7 of 9
AUTHORIZED SIGNATURE OF APPLICANT: TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL INFORMATION IN THIS
APPLICATION 15 TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORISED BY THE GOVERNING BODY OF THE
APPLICANT WHO WILL COMPLY WITH ALL CONTRACTUAL OBLIGATIONS IF THE PROPOSAL IS AWARDED FUNDING. BY SIGNING
BELOW, I HEREBY CERTIFY THAT THE AGENCY WELL COMPLY WITH ALL PROVISIONS OF THE STATE OF CALIFORNIA HOMELESS
EMERGENCY AID PROGRAM, AS WELL AS ALL APPLICABLE FEDERAL, STATE AND LOCAL STATUTES AND ORDINANCES.
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
TYPED NAME: Stephen Schwabauer `— DATE Si—G?9fD: November 16, 2018
TITLE: City Manager, City of Lodi
Page 8 of 10
EXHIBIT D
2021 HHAP SUBRECIPIENT AGREEMENT
[Remainder of Page Intentionally Left Blank]
EXHIBIT D
SAN JOAQUIN COUNTY
2021 HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM (HHAP) ROUND 2
SUBRECIPIENT AGREEMENT
This SUBRECIPIENT AGREEMENT entered into, by and between San Joaquin County, A political
subdivision of the State of California, hereinafter referred to as "COUNTY" and "City of Lodi", herein
after referred to as "SUBRECIP[ENT". Collectively "COUNTY" and "SUBRECIPIENT" are the
"Parties".
The term of this SUBRECIPIENT AGREEMENT is the date of the Effective Date
through the Expiration Date, June 30, 2026.
The COUNTY is hereby awarding the SUBRECIPIENT an amount not to exceed: $400,000 (the
FUNDS) as applied for by the SUBRECIPIENT in its San Joaquin Continuum of Care HHAP Program
Application (SUBRECIPIENT'S APPLICATION) submitted to the COUNTY, which is hereby made
hart of this SUBRECIPIENT Agreement.
The Parties agree to comply with the terms and conditions of the following Exhibits, which are hereby
made part of this SUBRECIPIENT Agreement:
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C Terms and Conditions
Exhibit D Special Terms and Conditions
Exhibit E Final Budget
TOTAL NUMBER OF PAGES ATTACHED: /If Pages
The effective date ofthis SUBRECIPIENT AGREEMENT shall be the date the last of the Parties signs
this Agreement (the EFFECTIVE DATE).
IN WITNESS WHEREOF, THIS SUBRECIPIENT AGREEMENT HAS BEEN EXECUTED BY
THE PARTIES HERETO.
SUBRECIPIENT's NAME
IP
SIGNATURE
PRINTED NAME OT-Ft4RSON SIGNING
Schwabauer
COUNTY AGENCY SIGNATURE
PRINTED NAME OF PERSON SIGNING
Matt Garber
A oved as to Form,
AN- MAGDICH
i y Attorney
ATT
IFER S IR
ity clerk
TITLE
DATE SIGNED
TITLE
Assistant Director
DATE SIGNED
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
1. Authority
City of Lodi
Page 1 of 15
The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP"
or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 5021 b) of Part i of Division 31 of
the Health and Safety Code. (Added by Stats.2019, c. 159 (AB. 10I ), S 10, eff. July 31, 2019.)
The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in
the Business, Consumer Services and Housing Agency ("Agency"). This second round of HHAP funding was
authorized by AB 83 (Committee on Budget, Chapter 15, Statutes of 2020) and was signed into law by
Governor Gavin Newsom on June 29, 2020. Building on the regional coordination created through previous
HCFC grant funding, this funding is intended to support local jurisdictions in their unified regional response
to reduce and end homelessness.
This SUBRECIPIENT AGREEMENT along with all its exhibits ("AGREEMENT") is entered into by the
COUNTY and the SUBRECIPIENT under the authority of, and in furtherance of the purpose of, the Program.
In signing this AGREEMENT and thereby accepting this award of funds, the SUBRECIPIENT agrees to
comply with the terms and conditions of the AGREEMENT, the NOFA under which the SUBRECIPIENT
applied, the representations contained in the SUBRECIPIENT'S APPLICATION, and the requirements of
the authority cited above.
2. Purpose
The general purpose of the Program is to provide one-time block grant funding to support regional
coordination, and to expand or develop local capacity to address immediate homelessness challenges.
Activities will be informed by a best -practices framework focused on moving homeless individuals and
families into permanent housing and supporting the efforts of those individuals and families to maintain their
permanent housing. In accordance with the authority cited above, an application was created and submitted
by the SUBRECIPIENT for The FUNDS to be allocated for eligible uses as stated in Health and Safety Code
section 50219, subdivision (c) (1) — (8).
3. Definitions
The following HHAP program terms are defined in accordance with Health and Safety Code section 50216,
subdivisions (a) — (q):
A. "COUNTY" means San Joaquin County.
B. "SUBRECIPIENT" means a nonprofit, public agency or a for-profit entity.
C. "Continuum of care" means the same as defined by the United States Department of Housing and
Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
Subrecipient lnitial
City of Lodi
Page 2 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
D. "Coordinated Entry System" means a centralized or coordinated process developed pursuant to
Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10,
2019, designed to coordinate homelessness program participant intake, assessment, and provision
of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system
shall cover the geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized assessment tool.
E. "Council" means the Homeless Coordinating and Financing Council created pursuant to Section
8257 of the Welfare and Institutions Code.
F. "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801.
G. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal
Regulations, as that section read on January 10, 2019.
H. "Homeless Management Information System"(HMIS) means the information system designated
by a continuum of care to comply with federal reporting requirements as defined in Section 578.3
of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information
System" also includes the use of a comparable database by a victim services provider or legal
services provider that is permitted by the federal government under Part 575 of Title 24 of the
Code of Federal Regulations.
I. "Homeless point -in -time count" means the 2019 homeless point -in -time count pursuant to Section
578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their
2017 point -in -time count if they can demonstrate that a significant methodology change occurred
between the 2017 and 2019 paint -in -time counts that was based on an attempt to more closely
align the count with HUD best practices and undertaken in consultation with HUD representatives.
A jurisdiction shall submit documentation of this to the agency by the date by which HUD's
certification of the 2019 homeless point -in -time count is finalized. The agency shall review and
approve or deny a request described in the previous sentence along with a jurisdiction's application
for homeless funding.
J. "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who
is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth"
includes unaccompanied youth who are pregnant or parenting.
K. "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code,
including all of the core components listed therein.
L. "Navigation center" means a Housing First, low -barrier, service -enriched shelter focused on
moving homeless individuals and families into permanent housing that provides temporary living
facilities while case managers connect individuals experiencing homelessness to income, public
benefits, health services, shelter, and housing.
Subrecipient Initials
City of Lodi
Page 3 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
M. "Program" means the Homeless Housing, Assistance, and Prevention program established
pursuant to this chapter.
4. Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety
Code section 50219, subdivision (c) (I) — (S), and any other applicable laws. Eligible uses include the
following:
A. Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units, emergency
shelters, and navigation centers. Operating subsidies may include operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding fees.
D. Outreach and coordination, which may include access to job programs, to assist vulnerable
populations in accessing permanent housing and to promote housing stability in supportive
housing.
E. Systems support for activities necessary to create regional partnerships and maintain a homeless
services and housing delivery system, particularly for vulnerable populations including families
and homeless youth.
F. Delivery of permanent housing and innovative housing solutions such as hotel and motel
conversions.
G. Prevention and shelter diversion to permanent housing.
H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need
for purposes of this paragraph shall be based on the following:
i. The number of available shelter beds in the city, county, or region served by a continuum
of care.
ii. Shelter vacancy rate in the summer and winter months.
iii. Percentage of exits from emergency shelters to permanent housing solutions.
iv. A plan to connect residents to permanent housing.
Subrecipient Initials
City of Lodi
Page 4 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
5. COUNTY Contract Coordinator
The COUNTY'S Contract Coordinator for this AGREEMENT is the COUNTY'S Health Care Services
Agency, Neighborhood Preservation Division. Unless otherwise instructed, any notice, report, or other
communication requiring an original SUBRECIPIENT signature for this AGREEMENT shall be mailed to
the COUNTY Contract Coordinator.
The Representatives during the term of this Agreement will be:
All requests to update the SUBRECIPIENT information listed within this AGREEMENT shall be emailed to
the COUNTY Health Care Services Agency - Neighborhood Preservation Division general email box at
neighborhood@sigov.oEg. The SUBRECIPIENT reserves the right to change their representative and/or
contact information at any time with notice to the COUNTY.
6. Effective Date, Terni of Agreement, and Deadlines
A. This AGREEMENT is effective upon approval by the COUNTY (indicated by the signature
provided by the COUNTY in the lower lett section of page one, when signed by all parties.
B. Full Expenditure of the FUNDS
i. All FUNDS (100 percent) must be expended by June 30, 2026. Any FUNDS not expended
by that date shall revert to the State General Fund.
Subrecipient Initials
GRANTEE
SUBRECIPIENT
ENTITY:
San Joaquin County
City of Lodi
SECTION/UNIT:
Neighborhood Preservation
Address:
I810 E. Hazelton Avenue
Stockton, California 95205
221 West Pine Street
Lodi, CA 95240
CONTRACT
COORDINATOR:
Rodney Estrada
Stephen Schwabauer
PHONE NUMBER:
209-458-3139
209-269-4511
EMAIL ADDRESS:
restradagsjgov.org
sschwabauer(a,Iodi.gov
All requests to update the SUBRECIPIENT information listed within this AGREEMENT shall be emailed to
the COUNTY Health Care Services Agency - Neighborhood Preservation Division general email box at
neighborhood@sigov.oEg. The SUBRECIPIENT reserves the right to change their representative and/or
contact information at any time with notice to the COUNTY.
6. Effective Date, Terni of Agreement, and Deadlines
A. This AGREEMENT is effective upon approval by the COUNTY (indicated by the signature
provided by the COUNTY in the lower lett section of page one, when signed by all parties.
B. Full Expenditure of the FUNDS
i. All FUNDS (100 percent) must be expended by June 30, 2026. Any FUNDS not expended
by that date shall revert to the State General Fund.
Subrecipient Initials
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXMSIT A
Authority, Purpose and Scope of Work
7. Special Conditions
City of Lodi
Page 5 of 15
The COUNTY reserves the right to add any special conditions to this AGREEMENT it deems necessary to
ensure that the goats of the Program are achieved.
Subrecipient Initial
City of Lodi
Page 6 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
E=BIT B
Budget Detail and Payment Provisions
1. Budget Detail & Changes
The SUBRECIPIENT agrees that the FUNDS shall be expended on uses that support regional coordination
and expand or develop Iocal capacity to address immediate homelessness challenges. Such activities must be
informed by a best -practices framework focused on moving homeless individuals and families into permanent
housing and supporting the efforts of those individuals and families to maintain their permanent housing.
The SUBRECIPIENT shall expend the FUNDS on eligible activities as detailed in the final budget as
referenced in Exhibit F. The SUBRECIPIENT shall submit an updated budget with the annual report that
revises and reports all actual and projected expenditures of the FUNDS.
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by
the County so long as the total expenditures (actual and projected) for each eligible use category remain the
same as described in the final budget. Any decrease or increase to the total expenditures for any eligible use
category must otherwise be approved by the COUNTY'S Contract Coordinator and his/her designee, in
writing, before the SUBRECIPIENT may expend the FUNDS according to an alternative budget. The
COUNTY'S Contract Coordinator will respond to SUBRECIPIENT with approval or denial of request.
Failure to obtain written approval from the COUNTY'S Contract Coordinator or his/her designee as required
by this section may be considered a breach of this AGREEMENT.
2. General Conditions Prior to Disbursement
The SUBRECIPIENT must submit the signed AGREEMENT, and initialed Exhibits A through D.
3. Disbursement of Funds
The FUNDS will be disbursed to the SUBRECIPIENT upon receipt, review and approval of the completed
AGREEMENT.
The COUNTY agrees to distribute to the SUBRECIPIENT the total sum of the FUNDS over the term
of this agreement on a reimbursement basis.
The SUBRECIPIENT shall submit invoices, receipts, or other sufficient proof of the
SUBRECIPIENT's billing for the grant activity(ies) to the COUNTY and the COUNTY will distribute
the FUNDS to the SUBRECIPIENT in the amount of those receipts or other sufficient proof.
4. Reimbursement
The FUNDS should not generally be obligated or expended prior to the effective date of this Agreement.
However, the COUNTY acknowledges that there may be circumstances that would require reimbursement in
order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the
following requirements are applicable:
A. Reimbursement is not permitted for activities occurring prior to August 24, 2021.
Subrecipient Initials
City of Lodi
Page 7 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT B
Budget Detail and Payment Provisions
B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or
prevention.
C. Approval from the COUNTY must be obtained prior to obtaining reimbursement.
5. Ineligible Costs
The FUNDS shall not be used for costs associated with activities in violation of any law or for any activities
not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code
sections 50218 and 50219.
The COUNTY reserves the right to request additional clarifying information to determine the reasonableness
and eligibility of all uses of the funds made available by this, AGREEMENT. If the SUBRECIPIENT or its
funded sub-subrecipients use the FUNDS to pay for ineligible activities, the SUBRECIPIENT shall be
required to reimburse these FUNDS to the COUNTY.
An expenditure which is not authorized by this AGREEMENT, or by written approval of the COUNTY
Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed
and must be reimbursed to the COUNTY by the SUBRECIPIENT.
The COUNTY, at its sole and absolute discretion, shall make the final determination regarding the
allowability of the FUNDS expenditures.
The FUNDS shall not be used to supplant existing local funds for homeless housing, assistance, or prevention
Subrecipient Initial
City of Lodi
Page 8 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
1. Termination and Suffiiciency of Funds
A. Termination of AGREEMENT
The COUNTY may terminate this AGREEMENT at any time for cause by giving a minimum of
14 days notice of termination, in writing, to the SUBRECIPIENT. Cause shall consist of violations
of any conditions of this AGREEMENT, any breach of contract as described in paragraph 6 of
this Exhibit C; violation of any federal or state laws; or withdrawal of COUNTY'S expenditure
authority.
2. Transfers
The SUBRECIPIENT may not transfer or assign by subcontract or novation, or by any other means, the rights,
duties, or performance of this AGREEMENT or any part thereof, except with the prior written approval of
the COUNTY and a formal amendment to this AGREEMENT to affect such subcontract or novation.
3. Reporting/Audits
A. Annual Report Deadlines
By December 13, 2021, and annually on that date thereafter until all funds have been expended,
the SUBRECIPIENT shall submit an annual report to the COUNTY in a format provided by the
COUNTY. If the SUBRECIPIENT fails to provide such documentation, the COUNTY may
recapture any portion of the amount authorized by this Agreement with a 14 -day written
notification.
B. Reporting Requirements
The annual report shall contain detailed information in accordance with Health and Safety Code
section 50221, subdivision (a). This information includes the following, as well as any additional
information deemed appropriate or necessary by the County:
i. An ongoing tracking of the specific uses and expenditures of any FUNDS broken out by
eligible uses listed, including the current status of those FUNDS.
ii. The number of homeless individuals served by the FUNDS in that year, and a total number
served in all years of the Program, as well as the homeless populations served.
iii. The types of housing assistance provided, broken out by the number of individuals.
iv. Outcome data for an individual served through the FUNDS, including the type of housing
that an individual exited to, the percent of successful housing exits, and exit types for
unsuccessful housing exits.
In addition to the annual reports, the COUNTY requires the SUBRECIPIENT to submit quarterly expenditure
reports due no later than 14 days following the end of each fiscal quarter. The SUBRECIPIENT shall submit
a report to the COUNTY on a form and method provided by the COUNTY that includes the ongoing tracking
of the specific uses and expenditures of any of the FUNDS broken out by eligible uses listed, including the
current status of those FUNDS, as well as any additional information the agency deems appropriate or
necessary.
Subrecipient Initials
City of Lodi
Page 9 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
The COUNTY may require additional supplemental reporting with written notice to the SUBRECIPIENT.
4. Auditing
The COUNTY reserves the right to perform or cause to be performed a financial audit. At the COUNTY'S
request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a certified public
accountant.
A. if a financial audit is required by the COUNTY, the audit shall be performed by an independent
certified public accountant.
B. The SUBRECIPIENT shall notify the COUNTY of the auditor's name and address immediately
afler the selection has been made. The contract for the audit shall allow access by the COUNTY
to the independent auditor's working papers.
C. The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.
D. If there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to the
COUNTY for each audit finding within 90 days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
The SUBRECIPIENT agrees that COUNTY or its designee shall have the right to review, obtain, and copy
all records and supporting documentation pertaining to performance under this AGREEMENT. The
SUBRECIPIENT agrees to provide the COUNTY, or its designee, with any relevant information requested.
The SUBRECIPIENT agrees to give the COUNTY or its designee access to its premises, upon reasonable
notice and during normal business hours, for the purpose of interviewing employees who might reasonably
have information related to such records, and of inspecting and copying such books, records, accounts, and
other materials that may be relevant to an investigation of compliance with the HHAP program laws, the
HHAP program guidance document published on the website, and this AGREEMENT.
B. Record Retention
The SUBRECIPIENT further agrees to retain all records described in subparagraph A for a minimum period
of five (5) years after the termination of this AGREEMENT.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before
the expiration of the required record retention period, all records must be retained until completion of the
action and resolution of all issues which arise from it.
Subrecipient Initials
City of Lodi
Page 14 of 15
HHAP ROUND Z SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
5. Breach and Remedies
A. Breach of AGREEMENT
Breach of this AGREEMENT includes, but is not limited to, the following events:
i. SUBRECIPIENT's failure to comply with the terms or conditions of this AGREEMENT.
ii. Use of, or permitting the use of, FUNDS provided under this AGREEMENT for any
ineligible activities.
iii. Any failure to comply with the deadlines set forth in this AGREEMENT.
B. Remedies for Breach of AGREEMENT
In addition to any other remedies that may be available to the COUNTY in law or equity for breach
of this AGREEMENT, the COUNTY may:
i. Bar the SUBRECIPIENT from applying for future funds;
ii. Revoke any other existing HHAP award(s) to the SUBRECIPIENT;
iii. Require repayment of the FUNDS disbursed and expended under this AGREEMENT; and
iv. Seek, in a court of competent jurisdiction, an order for specific performance of the
defaulted obligation or the appointment of a receiver to complete the technical assistance
in accordance with HHAP requirements.
C. All remedies available to the COUNTY are cumulative and not exclusive.
D. The COUNTY may give written notice to the SUBRECIPIENT to cure the breach or violation
within a period of not less than 15 days.
7. Waivers
No waiver of any breach of this AGREEMENT shall be held to be a waiver of any prior or subsequent breach.
The failure of the COUNTY to enforce at any time the provisions of this AGREEMENT, or to require at any
time, performance by the SUBRECIPIENT of these provisions, shall in no way be construed to be a waiver
of such provisions nor to affect the validity of this AGREEMENT or the right of the COUNTY to enforce
these provisions.
Subrecipient Initial
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
8. Nondiscrimination
City of Lodi
Page 1 I of 15
During the performance of this AGREEMENT, the SUBRECIPIENT and its sub-subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment
because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion,
creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic
information, marital status, military and veteran status, and denial of medical and family care leave or
pregnancy disability leave. The COUNTY and SUBRECIPIENTS shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination and
harassment. The SUBRECIPIENT and its sub-subrecipients shall comply with the provisions of California's
laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing
Act (FEHA) (Gov. Code, § I2900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §
1 1000 et seq.), and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, SS l 1135 - 11 I39.5).
SUBRECIPIENT and its sub-subrecipients shall give written notice of their obligations under this clause to
Iabor organizations with which they have a collective bargaining or other agreement.
9. Conflict of Interest
All SUBRECIPIENTS are subject to state and federal conflict of interest laws. For instance, Health and Safety
Code section 50219, subdivision (h) states, "For purposes of Section 1090 of the Government Code, a
representative of a county serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter shall have no financial
interest in any contract, program, or project voted on by the board, committee, or body on the basis of the
receipt of compensation for holding public office or public employment as a representative of the county."
Failure to comply with these Iaws, including business and financial disclosure provisions, will result in the
application being rejected and any subsequent contract being declared void. Other legal action may also be
taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
10. Drug -Free Workplace Certification
Certification of Compliance: By signing this AGREEMENT, the SUBRECIPIENT hereby certifies, under
penalty of perjury under the laws of State of California, that it and its sub-subrecipients will comply with the
requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, S 8350 et seq.) and have or will provide
a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees and sub-subrecipients that unlawful manufacture
distribution, dispensation, possession, or use of controlled substance is prohibited and specifying
actions to be taken against employees or sub-subrecipients for violations, as required by
Government Code section 8355, subdivision (a) (1).
Subrecipient Initials
City of Lodi
Page 12 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
B. Establish a Drug -Free Awareness Program, as required by Government Code section 8355,
subdivision (a)(2) to inform employees or sub-subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. SUBRECIPIENT's policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees and
sub-subrecipients for drug abuse violations.
C. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee
and/or sub-subrecipient that works under this Agreement:
i. Will receive a copy of SUBRECIPIENT's drug-free policy statement, and
ii. Will agree to abide by terms of the COUNTY'S condition of employment or subcontract.
11. Child Support Compliance Act
For any AGREEMENT in excess of $100,000, the SUBRECIPIENT acknowledges in accordance with Public
Contract Code 7110, that:
A. The SUBRECIPIENT recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal Iaws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with earnings
assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division
9 of the Family Code; and
B. The SUBRECIPIENT, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to the New
Hire Registry maintained by the California Employment Development Department.
12. Special Conditions -- SUBRECIPIENT/SUB-SUBRECIPIENT
The SUBRECIPIENT agrees to comply with all conditions of this SUBRECIPIENT AGREEMENT
including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of
the County prior to disbursement of funds. The SUBRECIPIENT shall ensure that all sub-subrecipients are
made aware of and agree to comply with all the conditions of this AGREEMENT and the applicable State
requirements governing the use of the FUNDS. Failure to comply with these conditions may result in
termination of this AGREEMENT.
A. The agreement between the SUBRECIPIENT and any sub-subrecipient shall require the
SUBRECIPIENT and its sub-subrecipient, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and building codes,
as applicable.
Subrecipient Initial
City of Lodi
Page 13 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
B. Maintain at least the minimum State -required worker's compensation for those employees who
will perform the work or any part of it.
C. Maintain, as required by law, unemployment insurance, disability insurance, and liability
insurance in an amount that is reasonable to compensate any person, firm or corporation who may
be injured or damaged by the SUBRECIPIENT or any sub-subrecipient in performing the work or
any part of it.
D. Agree to include all the terms of this AGREEMENT in each subcontract.
13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The SUBRECIPIENT agrees to comply with all state and federal laws, rules and regulations that pertain to
construction, health and safety, labor, fair employment practices, environmental protection, equal
opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the
SUBRECIPIENT, its sub-subrecipients, and all eligible activities.
SUBRECIPIENT shall also be responsible for obtaining any and all permits, licenses, and approvals required
for performing any activities under this AGREEMENT, including those necessary to perform design,
construction, or operation and maintenance of the activities. SUBRECIPIENT shall be responsible for
observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any
such work, specifically those including, but not limited to, environmental protection, procurement, and safety
laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies of permits and approvals to
the COUNTY upon request.
14. Inspections
A. SUBRECIPIENT shall inspect any work performed hereunder to ensure that the work is being and
has been performed in accordance with the applicable federal, state and/or local requirements, and
this AGREEMENT.
B. The COUNTY reserves the right to inspect any work performed hereunder to ensure that the work
is being and has been performed in accordance with the applicable federal, state and/or local
requirements, and this AGREEMENT.
C. SUBRECIPIENT agrees to require that all work that is determined based on such inspections not
to conform to the applicable requirements be corrected and to withhold payments to the sub-
subrecipients until it is corrected.
15. Litigation
A. If any provision of this AGREEMENT, or an underlying obligation, is held invalid by a court of
competent jurisdiction, such invalidity, at the sole discretion of the COUNTY, shall not affect any
other provisions of this Agreement and the remainder of this AGREEMENT shall remain in full
force and effect. Therefore, the provisions of this AGREEMENT are and shall be deemed
severable.
Subrecipient Initials
City of Lodi
Page 14 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
B. The SUBRECIPIENT shall notify the COUNTY immediately of any claim or action undertaken
by or against it, which affects or may affect this AGREEMENT or the COUNTY, and shall take
such action with respect to the claim or action as is consistent with the terms of this AGREEMENT
and the interests of the COUNTY.
Subrecipient lnitial
City of Lodi
page 15 of 15
HHAp ROUNI) 2 SUBRECIPIEENT AGREEMENT
Ey,MBIT
Special Terms and Conditions
enc shelter,
❑rove housing, must he in
activities funded with the pl1NI�S�andlueirnsnanent supp ut not ited to emerg elfare and
I . Any housing -related pursuant to W
rapid -rehousing, rental assistance, transitional housing components of Housing First, p
compliance or otherwise 8lig ed withision (b} 's "MIS'
the cor
Institutions Code sect al service
Il regularly submit Project Service client-level
into "MIS, and leg
2,. The SUBRECIPIENT shall who are not permitted to client rivilege•
except for victim service p to protect attorney- p
providers, who may choose not to use "MIS if it is necessary P erste a comparable
CIpIENT is a victim serystandards_
ice Provider it shad establish and op
A. If SUBRE lies with HUD stanar
database to HMIS that comp
with policies and procedures set forth in the S3CoC HMIS
and the ENTCOU, 's HMIS Privacy, Security, and Data Quality Plans.
B. The SUBRECIPIENT shall comply
Manual, a
Subrecipient Initis
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT E
FINAL BUDGET
Exhibit E: Final Budget for San Joaquin County 2021 Homeless Housing Assistance and Prevention Program (HHAP) Round 2
Nates:
1. HEAP expenditures and all reporting has been completed and submitted for monitoring
2. HHAP Round 2 budget was established per HHAP eligible uses program guidance and {HSC} § 50219(c)(1-8)
3. Operating Subsidies and Reserve allowable per CFR 24 CFR § 578.55
4. Budget is balanced, no deficits in funding
5. Property Location is 301 E Lodi Ave Lodi, CA 95240
Harmony Homes Budget Estimate
Funding
Task
Budget
HEAP
HEAP Interest
City HHAP Round 2
Pre -Development (EnvironmentaI/Site Design, etc_)
$
26,267
$
26,267
Site Acquisition including closing costs
$
351,795
$
201,795
$
150,000
Miscellaneous Costs
$
1,628
$
1,628
Permit Fees
$
8,157
$
8,157
Site Improvements (Contract)
$
600,000
$
410,736
$ 7,375
$
181,889
Modular Unit Purchases (Contract)
$
483,000
$
483,000
Modular Installation (Contract)
$
226,700
$ 68,250
$
158,450
Operating Subsidies/Reserve
$
55,000
$
55,000
Adrnini5trationjActivity Delivery Costs
$
123,078
$
118,417
$
4,661
Total: $
1,875,625
$
1,250,000
$ 15,625 $
150,000 $
400,000
Nates:
1. HEAP expenditures and all reporting has been completed and submitted for monitoring
2. HHAP Round 2 budget was established per HHAP eligible uses program guidance and {HSC} § 50219(c)(1-8)
3. Operating Subsidies and Reserve allowable per CFR 24 CFR § 578.55
4. Budget is balanced, no deficits in funding
5. Property Location is 301 E Lodi Ave Lodi, CA 95240
EXHIBIT E
MANAGEMENT PLAN
[Remainder of Page Intentionally Left Blank]
r
Irtin��� i}••,
Inner City Action, Inc.
Management Plan
Harmony Homes Project
301 to 307 East Lodi Avenue, Lodi, CA
95240
Inner City Action, Inc.
Harmony Homes Project — Management Plan
Page I1
CONTENTS
INTRODUCTION............................................................................................................................................. 3
BRIEF OVERVIEW OF ICA..............................................................................................................................
5
OPERATIONAL PROCEDURES........................................................................................................................7
General Parameters for the Harmony Homes Project.............................................................................
7
ICA's Commitment to Fair Housing Standards.........................................................................................
8
ICA's Commitment to Compassionate Engagement of its Clients...........................................................
8
ICA's Commitment to a Drug -Free, Alcohol -Free, and Smoke -Free Environment ..................................
8
ICA Staffing for the Harmony Homes Project..........................................................................................
8
ProgramManager.................................................................................................................................9
OperationsSpecialist...........................................................................................................................10
Property Maintenance Worker...........................................................................................................
11
CaseManager......................................................................................................................................
11
OtherICA personnel............................................................................................................................13
ADMINISTRATIVE PROCEDURES.................................................................................................................13
TenantEntry Process..............................................................................................................................13
Response to Inquiries, Concerns, and Complaints.................................................................................15
Violationof Tenant Rules.......................................................................................................................16
Seriousviolations................................................................................................................................16
Infractions............................................................................................................................................17
Enforcement of Tenant Rules..............................................................................................................17
TenantExit Process.................................................................................................................................17
Normaldeparture................................................................................................................................17
Eviction................................................................................................................................................18
Engagement of referring agency.........................................................................................................19
OTHERPROVISIONS....................................................................................................................................19
Signage....................................................................................................................................................19
NoiseManagement Measures...............................................................................................................
20
Parking....................................................................................................................................................21
General Cleanliness of the Property......................................................................................................
21
PersonalHygiene....................................................................................................................................
21
Inner City Action, Inc.
Harmony Homes Project — Management Plan
Page 12
Security...................................................................................................................................................22
GeneralCapacity Limits..........................................................................................................................22
FireSafety and Emergency Aid...............................................................................................................
22
Modification to the Tenant Rules...........................................................................................................
23
APPENDIXA................................................................................................................................................
24
APPENDIXB.................................................................................................................................................37
APPENDIXC.................................................................................................................................................41
APPENDIXD................................................................................................................................................44
APPENDIXE.................................................................................................................................................45
APPENDIXF.................................................................................................................................................47
APPENDIXG................................................................................................................................................48
APPENDIXH................................................................................................................................................65
APPENDIX1..................................................................................................................................................69
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 13
INTRODUCTION
Inner City Action, Inc. (ICA) proposes assuming the operational management of the City of Lodi's Harmony
Homes Project, located at 301 East Lodi Avenue, Lodi, CA 95240. This project consists of one accessible
and three standard, modular homes situated on a 10,581 square feet lot with 160 feet of direct frontage.
Each house offers 490 square feet of living space with a covered porch, appliances (refrigerator, range,
water heater, and heater), utility access (electricity, water, sewer, and trash), and facilities (sink, shower,
and lavatory). The lot will contain secured parking with an accessible electric gate, 4 -foot perimeter fence,
and landscaping.
Up to three individuals may reside in each house at any given time. The tenants will be limited to homeless
Lodi residents referred by the Lodi Access Center (Primary), The Salvation Army, the Lodi House, or the
Women's Center Youth and Family Services. These individuals will have received a Housing Choice Voucher
(HCV) from the Housing Authority County of San Joaquin (HACSJ) and (as required by that agency) will also
need to pay no less than 30% of their monthly income (after exemptions) and no more than 40% for
lodging.
SUMMARY OF MANAGEMENT PLAN
• Refer or receive referrals for clients
• Determine client eligibility
• Submit all Documents to Housing Authority of San Joaquin (HACSJ for Housing Choice Voucher
Eligibility Determination
• Once tenant approved by ICA and HACSJ tenant will sign lease agreement
• Tenant moves in
• Rent received from both tenant and HACSJ will pay for all operational and minor maintenance
costs. Larger maintenance items can be paid out of City held reserve account
• ICA is responsible for day to day maintenance of the property and minor repairs
• Yard maintenance and trash pickup around the property should occur once to twice a week
depending on need
• Tenants would be case managed by referring agency. Anyone that does not have a case manager
would be case managed by ICA and a weekly check-in would be required
• Outside of case managing, ICA will complete an additional weekly check in with the residents, just
to ensure they are doing well, have everything they need (food/medicine/appointments, etc. —
this should just be a double check in addition to the case manager), and so they can share any
maintenance concerns as they arise.
THE OBJECTIVES OF THIS MANAGEMENT PLAN ARE AS FOLLOWS:
1. To detail the nature of the operation and to ensure compliance with all conditions of development
consent issued by the City of Lodi.
2. To protect the safety and wellbeing of all Harmony Homes residents.
3. To provide a comfortable and enriching residential environment for all tenants.
4. To ensure that the premises are properly maintained and operated.
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 14
S. To make certain that the project, its tenants, and facilities do not adversely impact any adjoining
property or the neighborhood in general.
In the sections below, this management plan will:
1. Identify the everyday operation of the project.
2. Clearly define management practices and procedures
3. Establish "Tenant Rules" for all persons residing on the premises.
4. Ensure effective procedures are in place to facilitate ongoing communication with the neighbors,
police, City of Lodi, and other concerned parties aimed at resolving any issues that may arise.
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 15
BRIEF OVERVIEW OF ICA
Inner City Action Inc. is a 501(c)(3) non-profit organization that recognizes a great need within our area. Our
Director, Frank Saldana, has over 20 years of experience working with the unsheltered community of San
Joaquin County. His knowledge, compassion, and expertise are a vital part of the success that we have had
with the unsheltered & low-income community. He along with our dedicated staff, are committed to our
motto of "Bringing Life Back to the People". Inner City Action Inc has had several transitional housing facilities
in the San Joaquin County since 2009 and has helped numerous unsheltered individuals through our Men's
and Women's Discipleship Program. For the past 4 years, in partnership with the City of Manteca and the City
of Lodi, we have successfully operated Low Barrier Shelters. We have had great success with transitioning the
unsheltered into jobs, permanent housing, programs, residential homes, and reunification with family.
Experience:
1. Permanent Supportive Housing:
From 2009 to 2018 we operated Wayside Permanent & Transitional Supportive Housing. Wayside is
a 22 -unit apartment complex. During our 9 years there we were able to provide low income housing
to individuals and families stemming from homelessness, addiction, domestic violence, poverty, and
other life controlling issues.
Additionally, we currently have 2 transitional housing locations for our students in our Men's and
Women's Discipleship Program.
2. Housing Counseling and Location:
Wayside — 11332 N Hwy 99 Lodi, CA 95240
Stockton Transitional Housing —1925 N. Wilson Way Stockton, CA 95205
Galt Transitional Housing —11325 Twin Cities Rd. Galt, CA 95632
3. Street Outreach and Navigation Services:
Our dedicated staff and volunteers have been outreaching to those we serve since 2009. One of
Inner City Action Inc top strengths is outreach. We believe people don't care how much you know
until they know how much you care. It is vital to their success to meet them where they are and
bring them where they need to be. Many members of our current staff were those who we once
outreached to during their darkest moments.
4. Interim Housing:
In addition to our Transitional Housing apartments listed above we have also had Transitional
Housing homes we have been able to provide to low income families who are taking the next steps
after completing the first phase of our Discipleship Program. For example, some of these families
obtained work and/or got their children back and are ready to start running their own home and
family while still having the help and oversight of our aftercare program. We have been operating
these transitional housing apartments and homes since 2009 to current.
Wayside —11332 N Hwy 99 Lodi, CA 95240 (2009 — 2018)
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 16
Stockton Transitional Housing —1925 N. Wilson Way Stockton, CA 95205 (2015 — current)
Galt Transitional Housing —11325 Twin Cities Rd. Galt, CA 95632 (10/2022 — current)
Transitional Home #1— 8943 San Pasqual Way Stockton, CA 95210 (12/2014 — 09/2020)
Transitional Home #2 — 20 E Los Felis Ave. Stockton, CA 95210 (03/2016 — 09/2020)
Transitional Home #3 —1649 Dinesh PI. Manteca, CA 95337 (12/2021— current)
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 17
OPERATIONAL PROCEDURES
General Parameters for the Harmony Homes Project:
The premises of the Harmony Homes Project shall be used exclusively for providing permanent supportive
housing to Lodi residents who meet the homeless, and/or disability, and income criteria set forth by the
following authorities:
1. Homeless Emergency Aid Program (HEAP).
2. Permanent Local Housing Allocation Program (PLHA).
3. California Business, Consumer Services, and Housing Agency (BCSH).
4. California Department of Housing and Community Development (HCD).
5. U.S. Department of Housing and Urban Development (HUD).
6. Housing Authority County of San Joaquin (HACSJ).
7. San Joaquin Continuum of Care (SJCoC).
8. City of Lodi.
The Project shall not offer any alternative type of accommodation nor be used for any purpose other than
that permitted by these authorities.
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 18
ICA's Commitment to Fair Housing Standards:
In all programs where it functions as a landlord, property manager, or provider of housing -related services,
ICA does not discriminate based on race, color, religion, sex, marital status, national origin, ancestry,
familial status, age, medical condition, sexual orientation, gender, gender identity, source of income or
disability. Although not exhaustive, ICA does not engage in such prohibited acts as: (1) refusal to rent,
(2) representation that housing accommodations are unavailable, (3) offering inferior rental terms, (4)
removing privileges, facilities, or services, (5) harassment, and (6) evicting or threatening to evict based
on a tenant's membership in a protected class.
ICA's Commitment to Compassionate Engagement of its Clients:
The staff of ICA strives to treat all its clients in a compassionate, respectful, and honest manner. Services
are client -centered and delivered using an evidenced -based, trauma -informed, and culturally competent
approach. ICA does not tolerate harassing, intimating, or threatening conduct towards its clients from a
staff member or another party. Physical violence is not allowed except in defense of oneself or another.
ICA's Commitment to a Drug -Free, Alcohol -Free, and Smoke -Free Environment:
Although ICA's Access Center programs are low -barrier it does not tolerate the use of illicit drugs or
consumption of alcohol by any client or employee on its premises. ICA feels that such activity is not
conducive to the recovery and ongoing sobriety of those receiving services.
Smoking is restricted to designated areas outside the homes and offices operated by ICA.
ICA Staffing for the Harmony Homes Project:
The Harmony Homes Project shall be staffed by the following experienced ICA personnel (titles may vary):
1. Program Manager: Pending.
2. Operations Specialist: Pending.
3. Property Maintenance Worker: Pending.
4. Case Manager: Pending.
None of the staff shall reside on site. Rather, each employee will visit the location during scheduled hours
known in advance to the tenants. Staff contact information will be made available to the residents, and
unscheduled visits will occur as events so warrant.
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 19
Program Manager: The ICA Program Manager shall work in close cooperation with all representatives of
the City of Lodi, funding sources, HACSJ, referring agencies, social service providers, law enforcement,
neighbors, and the local community to ensure the best possible outcomes for the tenants and to achieve
the other objectives set forth herein. The specific responsibilities of this individual will include:
1. Accepting and assessing all applications for residency from the referring agencies (see Appendix
A, Application for Residency, Form ICA -HH 100).
2. Interviewing potential applicants, arranging tours of the available units, explaining tenant rules
(see Appendix B, Tenant Rules, Form ICA -HH 101), outlining methods of rental payment, and
answering questions.
3. Establishing rental payment arrangements with the tenants and HACSJ based on adjusted monthly
income, exemptions, and other conditions set forth for permanent supportive housing by HUD.
4. Modifying arrangements for rental payments periodically either at the request of the tenant or to
reflect agreed changes in rental amounts (currently estimated at 2-3% per annum).
5. Collecting rental payments from tenants and HACSJ in accordance with an established schedule.
The collection of security deposits remains to be determined.
6. Enforcing tenant rules:
a. The Program Manager shall have the authority to warn or evict a tenant depending upon
the severity of the violation (see Appendix C, Violation of Tenant Rules, Form ICA -HH 102).
It is understood, however, that the Harmony Homes Project is designed to be a low- barrier
community, and therefore all reasonable efforts will be taken to assist the tenant in
complying before eviction is contemplated.
b. Other than in exceptional circumstances (i.e., to protect the safety and wellbeing of the
remaining tenants), the Program Manager shall issue a Notice of Intent to Evict prior to
taking such extreme action (see Appendix D, Notice of Intent to Evict, Form ICA -HH 103).
This notice will comply with all city, county, and state requirements.
c. Whenever possible, the Notice of Intent to Evict will provide an opportunity to the tenant
to modify his/her behavior within a certain period to avoid further action.
d. Depending on the circumstances, the eviction may affect one or all the tenants in a unit.
7. Ensuring the establishment and maintenance of all utility services for which ICA is responsible.
While the range of such services provided as part of the monthly rent has not yet been determined
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 110
and is scalable based upon available funding, it is expected that they will include the following at
a minimum:
a. Electricity and gas service for both the individual units and the common areas.
b. Water, sewer, and trash service for both the individual units and the common area.
Telephone, internet, and Wi-Fi service shall only be available in the individual units and will be the
responsibility of the tenants.
8. Managing other essential community -related expenses covered by ICA:
a. Household furnishings and appliances.
b. Moving and storage: It is the policy of ICA to move and store the personal property of any
departing tenant free of charge for up to 14 days if s/he makes such arrangements in
advance or abandons their possessions. Should items not be claimed within that period
or alternate arrangements timely made, ICA considers them to be donated and they are
inventoried and disposed of accordingly. ICA assumes no responsibility for the safety or
security of any personal items left when a tenant departs.
c. Gardening/landscaping service: ICA employ gardening/landscaping staff to maintain the
common areas.
d. Cleaning service: Each tenant is expected to maintain his/her unit in a safe and sanitary
manner. Before occupancy of a unit transfers from one tenant to another, ICA will utilize
existing staff or a cleaning service to prepare the property.
e. Business property and liability insurance.
While ICA often covers such expenses in other programs (given available funding), it is expected
that the cost of food, household supplies, and cleaning materials will be the responsibility of the
Harmony Homes tenants.
Operations Specialist: Functioning in close coordination with the ICA Property Maintenance Worker,
the ICA Operations Specialist shall be responsible for the service needs of the Harmony Homes Project.
His/her duties will include the following:
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 111
1. Attending to and resolving any tenant complaints in a timely manner.
2. Liaising between two or more tenants or between a tenant and an outside party, as necessary.
3. Purchasing and stocking agreed supplies in the individual units and/or common area at regularly
scheduled intervals.
4. Cleaning the common area to a professional standard at least once per week.
5. Ensuring that garbage is properly contained within communal trash receptacles and taken to the
street for collection as required.
6. Preparing units for the arrival of new tenants.
7. Conducting tours of available units with prospective tenants.
Property Maintenance Worker: In partnership with the ICA Operations Specialist, the ICA Property
Maintenance Worker shall be responsible for the maintenance and repair of all structures and systems in
the individual units and common areas. His/her duties will include the following:
1. Ensuring that individual units contain functional safety equipment, such as smoke detectors and
fire extinguishers.
2. Posting safety/evacuation protocols and tenant rules in each vacant unit.
3. Inspecting the units regularly for evidence of wear -and -tear, accidental and intentional damage,
and/or defective systems, and conducting repairs as appropriate.
4. Responding to structural emergencies (e.g., clogged toilets, water damage, pest concerns, heating
problems, and related issues).
5. Servicing/repairing major structures and systems in the common area, such as lighting, walkways,
fences, etc.
6. Assisting in the transitioning in and out of tenants.
Minor repair and/or replacement of items in the individual units, such as changing light bulbs, will be
responsibility of the tenants.
Case Manager: The ICA Case Manager shall facilitate the ongoing provision of supportive services to
each tenant by the referring agency which will retain control over case management activities. If ICA is
referring agency, ICA will maintain all case management responsibilities. If ICA sees a lack of case
management from referring agency, ICA should offer case management services to that resident to ensure
continuity of support and reduce recidivism to homelessness.
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 112
Duties of the ICA Case Manager will likely include the following (may not be all inclusive):
1. Securing a signed Release of Information (ROI) form from each tenant allowing for communication
between ICA and the referring agency.
2. Obtaining the completed intake assessment for each new tenant from the referring agency.
3. Acquiring a copy of the current Individual Case Plan (ICP) for each tenant to ensure continuation
of a strong supportive environment for the new Harmony Homes participant.
4. Completing an HMIS intake session on the day that the new tenant's residency is established.
5. Coordinating the availability of tenants to engage in ongoing supportive services provided by the
referring agency.
6. Providing training and assistance to tenants seeking to secure more independent lodging inclose
partnership with the referring agency.
7. Advocating on behalf of the tenants with other tenants, potential landlords, and service providers.
8. Offering crisis intervention assistance, as appropriate.
9. Completing weekly case notes on each tenant, documenting all interactions and incidents.
10. Inputting, maintaining, and exiting tenants from the Harmony Homes Project in the HMIS system.
ICA referred resident case management will include:
1. Assisting tenants in developing a client centered ICP within the first 60 days of participation.
2. Holding individual and group meetings with the tenants weekly to facilitate timely achievement
of goals outlined in the ICPs.
3. Assisting tenants to recover lost documentation, such as California driver's licenses, identity cards,
social security cards, EBT cards, and birth certificates.
4. Offering training opportunities and job leads to employable and interested tenants.
5. Facilitating applications for governmental and private financial benefits and related assistance.
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 113
6. Supporting tenants in meeting probation and parole requirements, resolving minor criminal and
civil charges, and expunging criminal records.
7. Assisting tenants to secure treatment for medical, psychiatric, and substance use disorders.
8. Engaging tenants in identifying and pursuing life affirming social, leisure, and religious activities.
9. Assisting tenants to schedule appointments, follow upon submitted applications for employment
or benefits, and travel to outside commitments.
10. Preparing monthly, quarterly, and semi-annual reports describing each tenant's progress toward
achieving key ICP goals.
Other ICA personnel: As necessary, ICA will periodically employ the services of other individuals on staff
in the management of the Harmony Homes Project, including its Property Inspectors, an Accounts
Receivable Specialist, and a Property Accountant.
ADMINISTRATIVE PROCEDURES
Tenant Entry Process:
ICA will make initial referrals, but must also be able to take referrals from other social services providers
based on unit availability to ensure no units remain empty. To make an outside referral, The Salvation
Army, the Lodi House, or the Women's Center Youth and Family Services shall complete and forward a
Tenant Referral to the Program Manager (see Appendix E, Tenant Referral, Form ICA -HH 104). This form
must include relevant information concerning all individuals intended to occupy one house (up to three),
describe the relationship between the co -tenants, and identify the "head of household".
Upon receipt of the Tenant Referral, the Program Manager will review the submitted materials, request
any missing or additional information needed, and contact the head of household and referral source to
invite the potential tenant and co -tenants (if any) to tour the community. Unless more information is
needed or the referring agency requests a future date of entry, these tasks will be completed within two
(2) to five (5) business days.
The Operations Specialist will conduct a tour of the vacant house and the common area with the head of
household, co -tenants (if any), and the referring agent. All questions that may arise will be answered and
written materials will be provided about the Harmony Homes Project.
If the head of household and co -tenants (if any) are interested in living in the Harmony Homes community,
they and the Program Manager will compete the following tasks:
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 114
1. Secure a copy of photographic identification for all intended occupants (e.g., a California driver's
license or Identity Card) and record the relevant information in the Tenant Log (see Appendix F,
Tenant Log, Form ICA -HH 105).
2. Obtain written verification of the Housing Choice Voucher, including its value.
3. Calculate the tenant(s) portion of rent for occupancy in a permanent supportive housing program
(24 CFR 583.315). This arrangement will allow the individual(s) to acquire experience with tenant
leases that are consistent with California law, develop rent histories, and practice tenant -landlord
interactions which will be beneficial should they become interested in and capable of a more
independent living situation. All rental payments will be considered program income and will
meet those conditions set forth in 24 CFR 84.24, 24 CFR 85.25, and 24 CFR 583.315 (b).
In assessing the tenant(s) portion, ICA will comply with Tenant Rent Calculations for Certain HUD
McKinney Act Programs (CPD -96-03) and 24 CFR Part 5 Subpart F. Income will be determined in
accordance with 24 CFR Subtitle A, §5.609, especially in terms of what will be included (§5.609(b))
and excluded (§5.609(c)). In like fashion, adjusted income will be calculated as stipulated in 24
CFR §5.611. ICA will apply all mandatory income deductions (24 CFR Subtitle A, §5.611), and the
earned income disallowances (24 CFR Subtitle A, §5.617). As outlined in §426(d) of the McKinney-
Vento Act and 24 CFR 583.315, the maximum rent changed to a tenant will be the higher of:
a. 30% of monthly adjusted income;
b. 10% of monthly gross income; or
c. The welfare rent, as applicable.
However, in no case will the sum of the Housing Choice Voucher and the tenant(s) portion exceed
the current estimated rent per unit of $812.00 per month (with an estimated increase of 2-3% per
annum).
ICA will examine the tenant portion(s) at the time of initial enrollment, annually thereafter, and
whenever requested by the tenant due to a change in their situation (HUD Notice CPD -96-03).
4. Review of all applicable fees (if any), security deposits (if any), and the responsibility of each party
(tenants and ICA) for certain utility costs. The exact details of these arrangements remain to be
worked out by the City of Lodi and ICA.
5. Review and secure signatures on the Occupancy Agreement from the head of household, any co-
tenants who have reached the age of majority, and the Program Manager or his / her designee
(see Appendix G, Occupancy Agreement, Form ICA -HH 106). Any co -tenant who reaches the age
of majority after the paperwork is signed and intends to continue living in the home must sign an
amended Occupancy Agreement within the first thirty (30) days after his/ her eighteenth (18th)
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birthday. If the head of household is under the age of majority, his / her legal representative must
sign on his / her behalf.
Except in the specific case of an eviction due to a serious and/or repeated violation of the Tenant
Rules, either party may terminate the Occupancy Agreement by notifying the other in writing at
least thirty (30) days in advance.
6. Review and secure signatures on the Tenant Rules from the head of household, any co -tenants
who have reached the age of majority, and the Program Manager or his / her designee. Special
attention will be paid to those violations that might result in eviction, a report to law enforcement,
possible prosecution, or court action to recover damages. Any co -tenant who reaches the age of
majority after the paperwork is signed and intends to continue living in the home must sign an
amended copy of the Tenant Rules within the first thirty (30) days after his / her eighteenth (18th)
birthday. If the head of household is under the age of majority, his/her legal representative must
sign on his/her behalf.
The head of household and all co -tenants will be advised that the violation of any one tenant rule
may result in the eviction of all individuals residing in the home, depending on the severity of the
incident. In addition, repeated or persistent violation of Tenant Rules may be grounds for eviction
even though the specific rules violated were individually minor.
7. Collection of emergency contact information. It will be the responsibility of the head of household
and co -tenants (if any) to update this information should changes occur.
8. Upon completion of the tenant entry process, the head of household and co -tenants (if any) will
be provided copies of all documents.
Response to Inquiries, Concerns, and Complaints:
It is the policy of ICA to respond quickly and decisively to any inquiry, concern, or complaint arising from the
individuals and families we serve. Therefore, all tenants will be provided with the contact information of
the staff when they initially enter the program and encouraged to speak to them whenever necessary. The
staff will also be on site at regularly scheduled times and open to meeting with the tenants. The goal will
be to resolve issues raised immediately but not later than two (2) to five (5) business days, depending upon
their severity.
Since staff will not reside on site, this practice will be particularly important when one tenant experiences
a problem with another. To the greatest extent possible, ICA will strive to ensure that such matters are
dealt with confidentially, both in terms of the tenant raising the issues and the tenant who features as the
subject of the complaint.
Should the complaint involve the program, ICA, or its staff, the tenant may avail himself / herself of the
ICA grievance process (see Appendix H, Tenant Grievance Policies & Procedures, Form ICA -HH 107,
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and Appendix I, Tenant Grievance Form, Form ICA -HH 108). These documents will be provided to each
tenant when they initially enter the program.
Since ICA believes strongly in being a good neighbor and member of the local community, the staff will
discretelyvisit the neighbors periodicallyto invite them to small gatherings at the community and to solicit
their input and feedback, as appropriate. In addition, the name of the management agency and its 24-
hour contact number will be posted publicly on the grounds in case the neighbors need to report an issue
after hours. Each of the houses will be distinguishable either by color, name, or a number assigned by the
local government or ICA to assist in making reports. The Program Manager also intends to attend city
council meetings and other public forums, especially if an issue arises.
As appropriate, the referring agency will also be updated concerning events that transpire at the Harmony
Homes Project.
Violation of Tenant Rules:
As with all programs it manages, ICA proposes to operate the Harmony Homes Project as a low -barrier,
Housing First enterprise. The agency will welcome tenants with mental health, substance use, medical,
developmental, criminal, and financial issues that might impair their ability to secure sustainable housing
elsewhere. While unfortunate, it is therefore inevitable that the Tenant Rules may be violated from time
to time.
Serious violations: ICA distinguishes between two general types of Tenant Rules, those that can lead to
possible eviction after only one instance of noncompliance (serious violations) and those that warrant
such severe action only after multiple occurrences within a defined period (infractions). Among the
former group are the following:
1. Manufacture, purchase, sale, possession, or use of any illicit drug or drug-related paraphernalia
on the premises.
2. Consumption of alcohol or use of marijuana in the common area. While these two substances are
legal in California for individuals of a particular age, they can cause some of the same problems
as noted for illicit drugs.
3. Violence or aggressive behavior (threats, intimidation, and physical / sexual harassment).
4. Possession, brandishing, or use of a weapon of any kind.
5. Illegal sexual activity in a house or sexualized behavior / insufficient attire in the common area.
6. Damage, defacing, or theft of property owned by other tenants, neighbors, or ICA.
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7. Intentional or reckless damage, destruction, or removal of items in house or grounds.
8. Persistent loud or rowdy behavior or noise.
Infractions: Noncompliance with any of the remaining Tenant Rules (see Appendix B) will be viewed as
an infraction and will not generally jeopardize the individual and his / her co -tenants' ability to remain
housed unless that noncompliance becomes persistent in nature. Persistent noncompliance shall be
defined as violating any one or a collection of rules three or more times within a thirty (30) day period.
Enforcement of Tenant Rules: ICA takes no pleasure in citing individuals for violating the rules of its
housing programs nor, in the most egregious cases of noncompliance, returning those who were formerly
homeless back to the streets. However, to protect the safety and wellbeing of the other tenants and the
program, such actions must occasionally occur.
Whenever possible, ICA will take into consideration all extenuating circumstances and the eagerness of the
tenant to make the corrective actions necessary to avoid more serious consequences. However, if no other
option is available, ICA will cite the individual for a rule violation and, if noncompliance becomes serious
enough, move to terminate the tenancy and secure an eviction. Generally, should one individual
egregiously violate the Tenant Rules, all members of that household may forfeit their home.
As appropriate, ICA may solicit the assistance of the original referring agency and other service providers
working with the household to favorably resolve the matter.
Tenant Exit Process:
Normal departure: The Occupancy Agreement (see Appendix G) signed upon entry into the Harmony
Homes Project, and modified as appropriate thereafter, represents a month-to-month lease. Therefore,
either party may conclude tenancy simply by giving the other party sufficient notice in writing. In the case
of the tenant, sufficient notice shall be defined as 30 days or more before the intended departure date.
On those rare occasions when ICA elects to conclude tenancy (without cause), the agency will adhere to
the following notice requirements outlined in Cal. Code of Civ. Proc. §§ 1946 and 1946.1:
1. 30 -day written notice for those tenants who have resided at Harmony Homes under one year.
2. 60 -day written notice for those tenants who have resided at Harmony Homes one or more years.
Should the departure date not coincide with the end of the month, the rent will be prorated accordingly.
The security deposit, if any, will be refunded back to the tenant, with an itemized statement of deductions
(e.g., repair costs for damages beyond normal wear and tear), within 21 days of departure (CCC §§ 1950.5
and 1940.5(g) (2020)).
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If the tenant vacates the house and leaves behind personal property, ICA will attempt to notify him/her
and give 15 days to reclaim it (18 days when the notice is sent by mail). Unless the amount of the personal
property is substantial, the agency will not charge the tenant for the cost of storing the items. Should the
tenant not reclaim the property within the allotted period, ICA will dispose of it (Cal. Code of Civ. Proc.
§§ 1980-1991).
Eviction: As noted above, ICA intends to continue its longstanding practice in all its housing programs of
ensuring that eviction is an exceedingly rare occurrence. Indeed, the mission of the agency is to assist the
homeless in obtaining and sustaining safe, affordable housing, not returningthem to the streets. ICA is also
aware that the chronically homeless who qualify for permanent supportive housing bring with them certain
challenges that must be address with sensitivity and compassion, not harsh treatment.
Nevertheless, ICA must also act in a way that protects the safety and wellbeing of the other tenants and
the program itself. Therefore, when no other recourse is reasonably available, the agency will pursue all
legally appropriate steps to terminate and evict any person and his / her co-tenant(s) if one or more of
the following conditions exist:
A serious violation of the Tenant Rules is committed as outlined above.
2. Three (3) or more infractions of the Tenant Rules (as outlined above) occur within a thirty (30) day
period without any reasonable effort to correct the violations.
3. A significant breach of the Occupancy Agreement (see Appendix G) has occurred, including, but
not limited to, the following:
a. The tenant has assigned or sublet the house,
b. The tenant has caused substantial damage to the house or common area,
c. The tenant has permitted or created a substantial nuisance on the premises, or
d. The tenant has been involved in illegal activity on the premises.
4. Rent is not paid by the first (1St) of the month two or more times in a twelve (12) month period.
Throughout the process, ICA will comply with all relevant state and local laws, including those governing
the current COVID-19 Eviction Moratorium (SB 91 and AB 3088), refund of security deposit (CCC §§ 1950.5
and 1940.5(g) (2020)), storage and return of personal possessions (Cal. Code of Civ. Proc. §§ 1980-1991),
and fault -based evictions (Cal. Code of Civ. Proc. § 1161). Specifically, the agency will give a written notice
to the Head of Household and co-tenant(s). If s/he and the co-tenant(s) do not move out of the house or
reasonably resolve the issue within an acceptable period, ICA will file an eviction lawsuit with the courts
(i.e., unlawful detainer suit). For serious lease or Tenant Rule violations, the option to correct the problem
may not be provided.
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In terms of written notices, ICA may serve one of the following on the tenant(s):
1. Three -Day Notice to Pay Rent: If the tenant(s) do not pay the outstanding rent in full by the end
of the three (3) day period, ICA will file an eviction lawsuit in accordance with Cal. Code of Civ.
Proc. § 1161(2).
2. Three -Day Notice to Cure: If the tenant(s) do not correct the violation(s) within three (3) days,
ICA will file an eviction lawsuit in accordance with Cal. Code of Civ. Proc. § 1161(3).
3. Three -Day Unconditional Quit Notice: If the tenant(s) commit any one of the following specific,
serious violations, all individuals residing in the house will have three (3) days to vacate without
any option for correction (Cal. Code of Civ. Proc. § 1161(4)):
a. The tenant has assigned or sublet the house,
b. The tenant has caused substantial damage to the house or common area,
c. The tenant has permitted or created a nuisance on the premises, or
d. The tenant has been involved in illegal activity on the premises.
If an eviction is performed, ICA will employ the assistance of local law enforcement. In accordance with
applicable state law, the agency will not conduct the eviction itself.
The conditions cited above for the prorating of rent, refunding of security deposits, and temporary storing
of personal property will apply in instances with an eviction occurs.
Engagement of referring agency: Whenever possible, the referring agency will be timely notified when
either the tenant or ICA elect to end the Occupancy Agreement (termination without cause) or when ICA
elects to begin the eviction process (termination with cause). To the greatest extent practical, the support
of that agency will be solicited to resolve the matter. However, the referring agency will not be able to
override the final decision made by ICA in terms of tenancy. Further, should the referring agency wish the
tenancy to be concluded, the tenant will need to pursue the steps cited above since the referring agency
will not be a party to the Occupancy Agreement.
OTHER PROVISIONS
Signage:
ICA shall keep all signage as limited as possible to foster a more normal sense of home and community,
and to avoid drawing unnecessary attention to the Project. At most, the agency intends to post its name
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and 24-hour contact information at the parameter of the premises for the benefit of the tenants, nearby
neighbors, law enforcement, and emergency personnel. While contained within the materials provided
to each new tenant, the following information will not be publicly displayed:
1. Tenant Rules: Since these will not be posted in the houses or common area, each tenant will be
responsible to ensure that their guests comply.
2. Tenant Grievance Policies and Procedures and Tenant Grievance Form.
3. COVID-19 Protocols: These will be based on the current recommendations from the Centers for
Disease Control and Prevention (CDC) and the San Joaquin County Public Health Services.
4. Evaluation Routes and Gathering Points: ICA will conduct periodic evacuation practice with the
tenants to ensure they are familiar with the process.
5. Maximum Occupancy of Each House: New tenants will be advised that no more than three people,
all of whom have signed the Occupancy Agreement, may live in the house at any given time.
6. Areas Where Smoking is Permitted and Prohibited.
Noise Management Measures:
Since most disagreements between tenants involve complaints over excessive noise, ICA shall institute
the following measures:
1. Use of the common area will be limited to a maximum of 16 people at any one time.
2. Large gatherings or parties must be approved in advance by ICA:
a. The event must be well controlled by the host tenant(s) who will be present throughout.
b. All tenants will be advised in advance of the upcoming event.
c. Such events will occur infrequently.
3. Access to the common area will be restricted to the following hours:
a. Mondays through Saturdays, from 6:00 a.m. to 10:00 p.m.
b. Sundays and public holidays, from 8:00 a.m. to 10:00 p.m.
4. Amplified music, illicit drugs, and alcohol will not be allowed in the common area.
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5. When noisy activities are conducted indoors, the doors and windows of the house must be closed.
6. The volume of televisions, radios, stereos, and other noise -generating devices must be kept within
reasonable levels.
7. Each tenant must reduce noise when a complaint is received by another tenant.
Parking:
1. On-site parking will be provided for the use of all tenants on a "first-come, first served" basis.
2. Cars, bicycles, and motorcycles are to be parked in the allocated areas only or on the street.
3. Only those tenants with physical limitations will allowed to park in the handicapped section.
4. Guests should park on the street.
5. No car or motorcycle is to remain in a parking space without being moved for a period of seven
(7) days or longer.
General Cleanliness of the Property:
1. Each tenant is responsible for maintaining his/her house and the area immediately surrounding it
in an orderly, safe, and sanitary manner.
2. All tenants are collectively responsible for the cleanliness and order of the common area. The
Operations Specialist will regularly inspect the grounds and advise the tenants if issues arise.
3. Pest control inspections of the houses will be carried out on a semi-annual basis.
4. Property management inspection of the houses and common area will be performed by the ICA
staff on a semi-annual basis.
5. The waste and recycling storage area shall be kept in a clean and tidy manner.
Personal Hygiene:
1. Each tenant is to maintain his/her personal hygiene so as not to be offensive to the other tenants
or the public.
2. Each tenant must be adequately dressed in clothes that are reasonably clean and in good repair
while outside his / her house.
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Security:
1. Each tenant will be provided keys to his/her house and is responsible for their safekeeping.
a. No tenant may change or tamper with any lock to his/her house.
b. Copying or distributing keys will not be permitted without prior permission from ICA.
c. Keys must be returned to ICA when the tenant concludes his/her residency.
2. Each tenant is solely responsible for the safety and security of his/her personal possessions. The
City of Lodi and ICA assume no responsibility for such items.
3. Except in case of emergency, ICA will not enter any house without advance notice.
4. Unless events so warrant, security cameras will not be installed in the common area.
General Capacity Limits:
1. The lodging capacity of each house may not exceed three (3) individuals at anyone time.
2. No more than twelve (12) individuals may reside on the premises at any one time.
3. Sleeping or camping overnight in the common area by the tenants, their guests, or strangers will
not be allowed.
4. Staff will not reside on site except for the occasional caretaking of an otherwise vacant house.
Fire Safety and Emergency Aid:
1. Any materials, products, or appliances used in the houses will be of a type that readily resists the
spread of fire and limits the generation of smoke.
2. Fire extinguishers, smoke detectors, and first aid kits will be installed in the houses and may not
be damaged, removed, or uninstalled for any reason.
3. Annual certification of fire safety equipment will be carried out by ICA or its designate.
4. All doors to the houses shall have functioning locks that allow the tenants to open them from the
inside without a key.
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5. A list of emergency telephone numbers (police, fire, ambulance, and ICA) will be provided to all
new tenants.
6. An emergency evacuation plan will be provided to each new tenant and should be retained in a
readily assessable location.
7. In the event of an emergency evacuation, tenants shall gather at a predesignated assembly point
until released to return to their houses or common area by emergency personnel or ICA staff.
Modification to the Tenant Rules:
1. Should events so warrant, ICA may elect to modify the Tenant Rules from time to time.
2. Tenants may also request modifications to the rules. These modifications will be incorporated if
possible.
3. Any modifications to the Tenant Rules will be provided to the tenants at least 30 days before they
go into operation.
Inner City Action, Inc.
Harmony Homes Project— Management Plan
APPENDIX A
INNER CITY ACTION, INC.
Harmony Homes Project
Application for Residency
PURPOSE:
Page 124
The Harmony Homes Project is a permanent supportive housing program for individuals and their families
in Lodi, California who are chronically homeless and disabled. A family is defined as two or more people
(one of whom is the Head of Household) who self -describe as a cohesive group, and may include persons
related by birth, marriage, adoption, or personal bond residing together.
Inner City Action, Inc. (ICA) does not discriminate based on race, color, religion, sex, marital status, national
origin, ancestry, familial status, age, medical condition, sexual orientation, gender, gender identity, source
of income, or disability.
INSTRUCTIONS:
Please fill out the attached form completely and return it to Inner City Action, Inc., 1800 N Wilson Way,
Stockton, CA 95205; telephone: 800-466-7205. Be sure to include the following items:
1. Copies of valid photo identification for all household members 18 years of age or older.
2. Certified copies of birth certificates for all household members under 18 years of age.
3. Copies of Social Security cards for all household members.
4. Verification of income for all household members (e.g., current SSI/SSA benefits letter).
5. Homeless Management Information System (HMIS) Intake Forms.
CONTACT INFORMATION
(To be Completed by the Case Manager)
Applicant — Head of Household:
Name:
Social Security Number: - -_
Current Address:
Mailing Address:
Email Address:
Phone:
Date of Birth:
Gender: ❑ Male ❑ Female ❑ Other
Message Phone:
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Applicant — Co -Tenant 1:
Name:
Social Security Number: _-
In School: ❑ Yes ❑ No Grade:
Relationship to Head of Household:
Current Address:
Email Address:
Phone:
Applicant — Co -Tenant 2:
Name:
Social Security Number: - -
In School: ❑ Yes ❑ No Grade:
Relationship to Head of Household:
Current Address:
Email Address:
Phone:
Case Manager at Referring Agency (if any):
Name:
Agencv:
Address:
Page 125
Date of Birth:
Gender: ❑ Male ❑ Female ❑ Other
School:
Message Phone:
Date of Birth:
Gender: ❑ Male ❑ Female ❑ Other
School:
Message Phone:
Title:
Program:
Phone: E -Mail:
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
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HOMELESS INFORMATION
(To Be Completed by the Case Manager)
I, of am referring
Name of Case Manager Agency
Head of Household
and
Co -Tenant 1 (if any) Co-Tenant2 (if any)
to the Harmony Homes Project for permanent supportive housing.
I certify that the above applicants (Head of Household and Co -Tenants, if any) currently meet the eligibility
criteria for Homelessness, and/or Qualifying Disability, and Suitability for permanent supportive housing.
Current Housing:
Where applicant(s) are currently living:
❑ Street, park, car, or abandoned building
❑ Emergency shelter
❑ Alcohol or drug treatment facility
❑ Psychiatric facility
❑ Other (specify):
Length of time:
❑ 1 week or less.
❑ More than 1 week, but less than 1 month.
❑ 1 to 3 months.
❑ More than 3 months, but less than 1 year.
❑ 1 year or longer.
Note: Eviction proceedings and living with family/friends (couch surfing) do not meet the qualification
guidelines for Permanent Supportive Housing.
Homeless Verification:
Depending on the type of lodging citing above, please provide the following verification:
Sleeping in a place not meant for human habitation (street, park, car, or abandoned building):
• A written observation by the service provider / outreach worker, or
• A written referral by another housing or service provider, or
• Certification by the Head of Household seeking assistance stating that (s)he was living in a place
not meant for human habitation.
Sleeping in an emergency shelter:
• A written observation by the service provider/outreach worker, or
• A written referral by another housing or service provider, or
• Certification by the Head of Household seeking assistance stating that (s)he was living in shelter.
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
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Spending a short period (90 days or less) in a hospital or other institution and homeless prior to entry into
institution (emergency shelter and/or places not meant for human habitation):
• Evidence that the individual was homeless at the time s/he entered the institution:
o A written observation by the service provider/outreach worker, or
o A written referral by another housing or service provider, or
o Certification by the Head of Household seeking assistance stating that (s)he was living in
an emergency shelter or a place not meant for human habitation.
AND
• Evidence of exiting the institution:
o Discharge paperwork, or
o Written/oral referral, or
o Written record of service provider's due diligence to obtain evidence and certification by
individual that they exited the institution.
I certify that the above information is correct to the best of my knowledge.
Signature
Printed Name
Street Address
Date Phone
Title Agency Name
City, State ZIP Code
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
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CHRONIC HOMELESSNESS
(To be Completed by the Case Manager)
Definition of the US Department of Housing and Urban Development (HUD):
To be considered chronically homeless, a person must have been living in a place not meant for human
habitation, in an emergency shelter, or in a "safe haven" for the last 12 or more months continuously or on
at least four occasions in the last three years where those occasions cumulatively totaled at least 12
months. Each occasion need not consist of a certain minimum number of days. Rather, occasions are
defined by a break of at least seven days during which the individual did not reside in a place not meant for
human habitation, in an emergency shelter, or in a "safe haven". Transitional housing does not qualify for
a period of homelessness.
Does the Head of Household meet the HUD definition of chronic homelessness? ❑ Yes ❑ No
Does the Co -Tenant 1 (if any) meet the HUD definition of chronic homelessness? ❑ Yes ❑ No
Does the Co -Tenant 2 (if any) meet the HUD definition of chronic homelessness? ❑ Yes ❑ No
Documentation of Chronic Homelessness:
Please list ALL places the applicant(s) have resided in the last three years, including residences, emergency
shelters, and other locations. Please begin with the most recent location and include periods and dates
of homelessness. You may use the back of this form and/or attach additional sheets, if necessary. Up to
3 months of this history may be self -certified by the applicant.
I certify the above to be true and correct to the best of my knowledge.
Signature of Case Manager
Date
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
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Harmony Homes Project— Management Plan
DISABILITY CERTIFICATION (If Applicable)
(To be Completed by a Qualified Medical or Psychological Professional)
Instructions:
Page 129
Using the attached form, please have a qualified medical or psychological professional document any
disability the applicants (Head of Household and Co -Tenants, if any) may have.
Qualified Medical and Psychological Professionals:
Effective August 2006, the following medical and psychological professionals are qualified to describe and
document disabilities for the purpose of permanent supportive housing:
For a mental health disability:
• Licensed Medical Doctor
• Licensed Nurse Practitioner
• Licensed Psychiatrist
• Licensed Psychologist
• Licensed Clinical Social Worker (LCSW)
• Licensed Marriage and Family Therapist (LMFT)
• Licensed Professional Clinical Counselor (LPCC)
For an alcohol and/or drug disability:
• Licensed Medical Doctor
• Licensed Nurse Practitioner
• Licensed Psychiatrist
• Licensed Psychologist
• Licensed Clinical Social Worker (LCSW)
• Licensed Marriage and Family Therapist (LMFT)
• Licensed Professional Clinical Counselor (LPCC)
• Physician Assistant (PA) - Must list the name and license number of the supervising physician.
For AIDS and related disability:
• Licensed Medical Doctor
• Licensed Nurse Practitioner
• Physician Assistant (PA) - Must list the name and license number of the supervising physician.
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CERTIFICATION OF DISABILITY FOR PERMANENT SUPPORTIVE HOUSING
(To be Completed by a Qualified Medical or Psychological Professional)
Applicant:
Date:
The above-named individual is applying for permanent supportive housing. The purpose of this program
is to provide long-term, rental assistance and supportive services to very low income, homeless individuals
with disabilities. Therefore, we must verify whether s/he is disabled as defined by the U.S. Department of
Housing and Urban Development (HUD).
For this program, a disability is defined as any condition which:
• Is expected to be long -continuing or of indefinite duration, or
• Substantially impedes the individual's ability to live independently, or
• Could be improved by the provision of more suitable housing conditions.
AND is one of the following (please check all applicable box(s)):
❑ A physical, mental, and/or emotional impairment, including an impairment caused by alcohol or drug
abuse, post-traumatic stress disorder, or brain injury.
❑ A developmental disability as defined in Section 102 of the Developmental Disabilities Assistance Bill
of Rights Act of 2000 (42 U.S.C. 15002).
❑ The disease of AIDS or any condition(s) arising from the etiologic agent for AIDS, including HIV.
Please complete and sign below to certify that this individual meets the above definition of disability.
Signature Date
Printed Name Title
Address
Supervising Physician's Name (PAs only)
License Number
Supervising Physician's License
Number (PAs only)
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
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PRIMARY SERVICE PROVIDER AGREEMENT
(To be Completed by Applicant and Case Manager)
The purpose of the Harmony Homes Project is to provide long-term, safe and affordable housing to people who have
very low income, a history of chronic homelessness, and/or a qualifying disability. Applicants must possess a Housing
Choice Voucher (HCV) from the Housing Authority County San Joaquin (HACSJ) and be actively engaged in ongoing
supportive services from the referring agency.
To be Completed by the Applicant
I, do hereby authorize the release of the
Print last name, first name, and middle initial.
following information. I understand that this information will be used only to determine my eligibility for housing
assistance and to calculate an appropriate amount of rent.
Signature of Head of Household (or legal representative if under 18)
Social Security Number
Certification by the Referring Agency:
This is to certify that
Date of Birth
Print the name of the agency.
Date
is currently providing supportive services to the
above-named individual and will continue to do so for an indefinite period after his/her admittance into the Harmony
Homes Project. Obligations under this agreement include the following:
1. Function as the primary point of contact for the Harmony Homes Project.
2. Provision of case management services, including mandatory monthly home visits.
3. Maintenance of an active, written case plan with contemporary progress notes.
4. Transmittal of required statistical information (with Personal Identifying Information stripped).
5. Notification to ICA staff should the individual or his/her household no longer follow case plan.
6. Provision of 30 -day notification to ICA staff of the applicant's intent to terminate this agreement.
Signature of Case Manager
Name of Case Manager
Signature of Case Management Supervisor
Name of Case Management Supervisor
Date
Telephone Number
Date
Telephone Number
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
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Page 132
Certification by the Applicant:
Asa Harmony Homes applicant / tenant, I agree to accept case management services provided by the above-named
agency. I certify that I understand and agree to the following:
1.1 must be receiving case management services so long as I am participating in the Harmony Homes Project.
If my Case Manager is no longer available, I will try to obtain a new Case Manager or case management agency and
will submit a new Primary Service Provider Agreement to ICA within 30 days.
2.1 must comply with my case plan as developed by myself and my Case Manager. Failure to comply with
the case plan without strong cause may result in the termination of my eligibility for the Harmony Homes Project.
Signature of Head of Household
Name of Head of Household
Signature of Case Manager
Name of Case Manager
Notes:
Date
Telephone Number
Date
Telephone Number
Applicant: Please initial each point and sign this form in front of your Case Manager.
Case Manager: Your signature attests that you have reviewed the applicant section with your client.
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 133
APPLICANT BACKGROUND INFORMATION
(To Be Completed by the Case Manager)
LL--k-1d C;
Size of the household seeking lodging at the Harmony Homes Project*:
❑ One person.
❑ Two people.
❑ Three people.
*The capacity of each house is limited to a maximum of three people.
Does the applicant anticipate a change to the household size in the next 12 months? ❑ Yes ❑ No
If "Yes", please elaborate:
Is the birth of a child expected? ❑ Yes ❑ No
If "Yes", what is the estimated due date?
Familv Relations:
Is any member of the household a survivor of intimate partner violence?
If "Yes", how long ago did s/he have this experience?
❑ Within the last 3 months.
❑ Within the last 4 to 6 months.
❑ Within the last 6 to 12 months.
❑ More than 1 year ago.
❑ Applicant declined to provide information.
Does any member of household have a Child Protective Services (CPS) Worker?
Is family reunification expected in the next 12 months?
Of a spouse or partner?
Of a child or children?
Special Qualifying Conditions:
Immediately prior to applying, how long has the Head of Household been a resident of:
The City of Lodi:
The County of San Joaquin:
The State of California:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
Inner City Action, Inc.
Harmony Homes Project— Management Plan
How many separate times has the Head of Household been homeless in the last 3 years?
❑ First Time ❑ 2 to 3 Times ❑ 4 or More Times ❑ Entire 3 Years
Does a member of the household has a qualifying disability?
Head of Household?
Co -Tenant l?
Co -Tenant 2?
Is any member of the household a veteran?
Is any member of the household age 62 or older?
Income and Benefits:
Does the applicant have a valid Housing Choice Voucher?
What is the current monthly income of the adult household members?
Source of Income Head of Household Co -Tenant 1
Page 134
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Co -Tenant 2
Employment
Unemployment Insurance
State Disability Insurance
Workers' Compensation
SSI / SSP
SSDI
SSR
CalWORKs
General Assistance
Veterans Benefits
Other:
Other:
Other:
Other:
Total
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 135
Supportive Services:
What types of supportive services are members of the household currently receiving?
Type of Service Name of Program Contact Person Phone Number
Counseling / Therapy
Alcohol / Drug Treatment
Domestic Violence
Child Protective Services
Medical Care
Training/ Education
Job Search / Employment
Independent Living Skills
Food
Housekeeping
Money Management
Other:
Other:
Other:
Other:
Additional Comments:
Is there any other information you feel would be important to provide? If so, please include below.
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 136
FINAL VERIFICATION AND AUTHORIZATION
(To Be Completed by the Applicant)
I understand that the information contained in this application will be used solely to determine eligibility
for permanent supportive housing assistance and to determine rent calculations.
I certify that all information contained within this application is accurate and complete to the best of my
knowledge. I understand that false statements are punishable under federal and state law and may result
in the termination of my participation in the Harmony Homes Project.
I agree to immediately notify Inner City Action, Inc. (ICA) if my circumstances change. I
authorize ICA to make inquiries regarding all statements contained in this application.
Name of Head of Household * Signature Date
Name of Co -Tenant 1 (if any) * Signature Date
Name of Co -Tenant 2 (if any) * Signature
*Only those individuals 18 or older need sign.
Date
ICA —Harmony Homes —Application for Tenancy Form ICA -HH 100
Inner City Action, Inc.
Harmony Homes Project— Management Plan
APPENDIX B
Head of Household:
House Number:
Lease Date:
HARMONY HOMES PROJECT
TENANT RULES
Instructions:
Page 137
Welcome to Harmony Homes! We hope that your tenancy will be enjoyable. For your benefit and that of the
other tenants, we ask that you abide by the following rules. After you have reviewed and signed this form, be
sure to keep a copy for future reference.
Should circumstances so warrant, ICA may need to amend these rules from time to time. If this occurs, you will be
provided an updated copy before the new rules go into effect and asked to review and initial each.
PART 1— Rules involving the tenants and their guests:
1. Only those individuals who have signed an Occupancy Agreement shall live in your house.
2. Tenants may invite guests into their houses and the common area. However, each tenant will be
responsible to ensure that his/her guest complies fully with these rules.
3. All guests are asked to leave the premises by 10:00 p.m. nightly. Visitors may not reside overnight
without the prior consent of management.
4. Tenants and their guests are expected to respect the peace, comfort, and privacy of the other
tenants. Therefore, please ensure that your television, music, or other activities are not audible
outside your house, especially between the hours of 10:00 p.m. and 7:00 a.m.
S. Activities conducted in the common area should not be loud enough to disturb the other tenants.
6. Smoking is only permitted in designated areas of the communal grounds, and not in the houses.
7. With the prior consent of management, the community may host a party to celebrate a holiday
or other important event. However, unauthorized parties cannot be permitted.
ICA — Harmony Homes — Project Tenant Rules Form ICA -HH 101
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 138
8. Tenants must refrain from making comments to one another of a derogatory nature based on
general appearance, race, ethnicity, gender, sexual orientation, religion, or political beliefs.
9. The following activities will result in immediate eviction, notification to law enforcement, and/or
possible prosecution:
a. Manufacture, purchase, sale, possession, or use of any illicit drug or related paraphernalia
on the premises.
b. Consumption of alcohol or use of marijuana in the common area.
c. Violence or aggressive behavior (threats, intimidation, and physical/sexual harassment).
d. Possession, brandishing, or use of a weapon of any kind.
e. Private engagement in illegal sexual activity in a house, public display of openly sexualized
behavior, or insufficient attire worn in the common area.
f. Damage, defacing, or theft of property owned by another tenant, the Harmony Homes
community, neighbors, or ICA.
g. Persistent loud or rowdy behavior or noise.
PART 2 — Rules concerning the maintenance of the houses:
1. Each tenant will be expected to maintain his/her house in a safe and sanitary manner.
2. Candles and incense must not be burned inside the houses due to the risk of fire and inhalation
accidents.
3. Electrical and gas appliances in the house must be turned off when not in use.
4. Tenants and their guests must maintain their possessions in a safe and secure manner. ICA and
the City of Lodi will not be responsible for loss, theft, or destruction of personal property.
5. Trash and recyclables must be sorted and placed in common receptacles in time for public pickup.
6. Intentional or reckless damage, destruction, or removal of any component of the house will result
in immediate eviction, notification to law enforcement, possible prosecution, and/or court action
to recover losses.
ICA — Harmony Homes — Project Tenant Rules Form ICA -HH 101
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 139
7. The need for service/repair of appliances or systems in the house must be reported immediately
to management.
8. Access to the house must be granted to management upon 24-hour advance notification.
PART 3 —Tenant responsibilities in the common area:
1. The common area around your house should be kept clean, orderly, and free of trash.
2. The common area is to be shared by all tenants and their guests. It must be left in a safe, secure,
and tidy manner when no longer in use.
3. Sleeping, bathing, or engaging in illicit or illegal activities is not allowed in the common area.
4. Tenants are not to store personal items or goods in the common area.
5. Use of the common area is restricted to the following hours:
a. Mondays through Saturdays, from 6:00 a.m. to 10:00 p.m.
b. Sundays and public holidays, from 8:00 a.m. to 10:00 p.m.
6. Vehicles owned by the tenants and their guests must be parked in assigned areas or on the street.
7. Any damage or required repairs to the common area must be promptly reported to management.
8. Intentional or reckless damage, destruction, or removal of any component of the common area
will result in immediate eviction, notification to law enforcement, possible prosecution, and/or
court action to recover losses.
PART 4 — Tenant responsibilities for pets:
1. With prior approval of management, tenants may keep one or more pets in their house.
a. All pets must be spayed/neutered and have received appropriate vaccinations (copies of
such records must be provided).
b. Pets must not be aggressive toward strangers.
c. Pets must be reasonably managed by their owner when outside.
ICA — Harmony Homes — Project Tenant Rules Form ICA -HH 101
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 140
2. Tenants must supervise and clean up after their pets.
3. Pets must not cause a noise or behavioral nuisance to the other tenants.
4. Dogs must be kept on leash while outside.
5. Tenants will be responsible for any damages or injuries caused by their pets.
PART 5 — Tenant questions or concerns:
If you have any questions or concerns about these rules or wish to report a possible violation by another
tenant, please feel free to contact ICA at 1-800-466-7205. To the greatest extent possible, the source of
any complaint will be kept confidential.
Should you leave a message after hours, be sure to include your name, house number, telephone number,
and the nature of the question or concern so we may get back in touch with you as soon as possible.
PART 6 — Tenant agreement:
Be signing below, each tenant acknowledges that s/he has read, understands, and agrees to comply with
these rules. Each tenant is aware that they were developed to ensure a safe and harmonious community
for all residents, and that failure to abide by them could be grounds for eviction. If any one tenant fails to
comply, all members of the household may be evicted.
Tenant 1:
Tenant 2:
Tenant 3:
Print Name Signature Date
Print Name Signature Date
Print Name Signature Date
ICA — Harmony Homes — Project Tenant Rules Form ICA -HH 101
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Head of Household:
House Number:
Lease Date:
APPENDIX C
HARMONY HOMES PROJECT
VIOLATION OF TENANT RULES
Page 141
NOTICE: ICA does not desire that anyone lose access to housing. However, any resident who violates a
tenant rule risks being cited and depending on the nature or frequency of the violation may be evicted.
Serious Violations: The following actions may result in eviction, notification to law enforcement, possible
prosecution, and / or court action to recover losses:
❑ Manufacture, purchase, sale, possession, or use of illicit drugs or drug-related paraphernalia on the
premises (Rule 1.9a).
❑ Consumption of alcohol or use of marijuana in the common area (Rule 1.9b).
❑ Violence or aggressive behavior (threats, intimidation, and physical/sexual harassment) (Rule 1.9c).
❑ Possession, brandishing, or use of a weapon of any kind (Rule 1.9d).
❑ Illegal sexual activity in a house or sexualized behavior/insufficient attire in common area (Rule 1.9e).
❑ Damage, defacing, or theft of property owned by other tenants, neighbors, or ICA (Rule 1.9f).
❑ Intentional or reckless damage, destruction, or removal of items in house or grounds (Rules 2.6, 3.8).
❑ Persistent loud or rowdy behavior or noise (Rule 1.9g).
Infractions: The following actions may result in eviction depending upon their frequency:
❑ Individual(s) who have not signed the Occupancy Agreement:
... Living in the house (Rule 1.1) ❑ 15t ❑ 2nd ❑ 3rd
... On the premises after 10:00 p.m. (Rule 1.3) ❑ 15t ❑ 2nd ❑ 3rd
... Residing overnight (Rule 1.3) ❑ 15t ❑ 2nd ❑ 3rd
ICA — Harmony Homes — Violation of Tenant Rules ICA -HH Form 102
Inner City Action, Inc.
Harmony Homes Project— Management Plan
❑ Disturbing others, esp. 10:00 p.m. - 7:00 a.m. (Rules 1.4, 1.5)
❑ Smoking outside the designated area (Rule 1.6)
❑ Hosting an unauthorized party in the common area (Rule 1.7)
Page 142
❑ 1st ❑ 2nd ❑ Yd
❑ 1st ❑ 2nd ❑ 3"
❑ 1st ❑ 2nd ❑ 3rd
❑
Making derogatory comments to others (Rule 1.8)
❑
1st
❑
2nd
❑
311
❑
Not maintaining the house in a safe or sanitary manner (Rule 2.1)
❑
1st
❑
2nd
❑
311
❑
Burning candles or incense inside the house (Rule 2.2)
❑
1st
❑
2nd
❑
311
❑
Electrical or gas appliances left on when not in use (Rule 2.3)
❑
1st
❑
2nd
❑
311
❑
Trash not sorted or placed timely in public pickup area (Rule 2.5)
❑
1st
❑
2nd
❑
311
❑ Failing to timely report service needs to management:
... In the house (Rule 2.7)
❑
1st
❑
2nd
❑
3rd
... In the common area (Rule 3.7)
❑
1st
❑
2nd
❑
3"
❑
Refusing ICA access to the house after 24-hour notice (Rule 2.8)
❑
1st
❑
2nd
❑
311
❑
Not keeping area around the house clean and orderly (Rule 3.1)
❑
1st
❑
2nd
❑
3rd
❑
Leaving common area in unsafe/untidy state after use (Rule 3.2)
❑
1st
❑
2nd
❑
3rd
❑
Sleeping, bathing, or doing illicit acts in common area (Rule 3.3)
❑
1st
❑
2nd
❑
3rd
❑
Storing personal items in the common area (Rule 3.4)
❑
1st
❑
2nd
❑
3rd
❑
Using common area outside of acceptable hours (Rules 3.5a, b)
❑
1st
❑
2nd
❑
3rd
❑
Vehicles not parked in assigned area or on the street (Rule 3.6)
❑
1st
❑
2nd
❑
3rd
❑
Having pets that are:
... Not approved, spayed/neutered, or vaccinated (Rule 4.1a)
❑
1st
❑
2nd
❑
3rd
... Aggressive, unmanaged, noisy, or nuisance (Rules 4.1b, c, 4.3)
❑
1st
❑
2nd
❑
3rd
❑
Failing to supervise or clean up after pets (Rule 4.2)
❑
1st
❑
2nd
❑
3rd
❑
Not using a leash when one's dog is outside (Rule 4.4)
❑
1st
❑
2nd
❑
3rd
ICA — Harmony Homes — Violation of Tenant Rules
ICA
-HH Form 102
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 143
❑ Other: p 1st ❑ 2nd ❑ 3rd
❑ Other: ❑ 1st ❑ 2nd ❑ 3rd
❑ Other: ❑ 1st ❑ 2nd ❑ 3rd
ICA Staff Member Date
ICA Supervisor
Date
ICA — Harmony Homes — Violation of Tenant Rules ICA -HH Form 102
Inner City Action, Inc.
Harmony Homes Project — Management Plan
To:
(Name)
APPENDIX D
CALIFORNIA 3 DAY NOTICE TO PAY OR QUIT
Tenant(s) in possession of the premises at
(Street address)
City of County of California.
Please take notice that the rent on these premises occupied by you, in the amount of $
period from to , is now due and payable.
Page
for rent due for the following
YOU ARE HEREBY REQUIRED to pay this amount within THREE (3) DAYS from the date of service of this notice on you, or to vacate and surrender
possession of the premises. Your failure to do so will result in legal proceedings being initiated against you to recover possession of the premises,
declare the forfeiture of the rental agreement or lease under which you occupy the premises, and recover rents, damages, and costs of suit.
RENT IS TO BE PAID TO:
❑ the undersigned, or
❑ the following person:
AT THE FOLLOWING ADDRESS:
California, phone:
IN THE FOLLOWING MANNER:
❑ In person. Usual days and hours for rent collection are:
❑ by mail to the person and address indicated above
❑ by deposit to account at a financial institution located within
5 miles of your rental, at California
❑ by electronic funds transfer procedure previously established.
Date:
(Owner/Manager)
State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions.
You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length
of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that the
property belonging to you was left behind after you moved out.
Proof of Service
I , the undersigned, being at least 18 years of age, served this notice, of which this is a
true copy, on one of the occupants listed above as follows:
❑ On I delivered the notice to the occupant personally.
❑ On I delivered the notice to a person of suitable age and discretion at the occupant's residence/business after
being attempted personal service at the occupant's residence, and business, if known. On I mailed a second copy
to the occupant at his or her own residence.
❑ On . I posted the notice in a conspicuous place on the property, after having attempted personal service at the
occupant's residence, and business, if known, and after having been unable to find there a person of suitable age and discretion. On
I mailed a second copy to the occupant at the property.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Signature
ICA — Harmony Homes — California 3 Day Notice to Pay or Quit ICA -HH Form 103
44
Inner City Action, Inc.
Harmony Homes Project— Management Plan
APPENDIX E
INNER CITY ACTION, INC.
Harmony Homes Project
Tenant Referral Form
Instructions:
Page 145
Thank you for considering the Harmony Homes Project for your client. Please submit this completed form
to Inner City Action, Inc. (ICA), 1800 N Wilson Way, Stockton, CA 95205, ATTENTION: Harmony Homes
Project, or email to: info@ in nercityaction.org. If you have any questions, please feel free to contact us at
1-800-466-7205.
Head of Household:
Co -Tenant 1 (if any):
Co -Tenant 2 (if any):
Date of Birth:
Date of Birth:
Date of Birth:
Is the Head of Household:
1. A resident of Lodi at the time of referral?
2. Chronically homeless (as defined by HUD)?
3. Experiencing a qualifying disability (as defined by HUD)?
4. Capable of residing in and benefiting from permanent supportive housing?
5. In possession of a Housing Choice Voucher valid in San Joaquin County?
6. In possession of a source of income and able to pay 30% toward rent?
When is the applicant in need of housing?
When is the applicant and you available for a tour?
What is the best number to reach the applicant?
Referring Party:
Name of Case Manager Signature
Name of Agency Name of Program
Date
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Telephone Number
NOTE: Please see the attached list of all documents needed to complete the application process. These
documents do not need to be provided until after the tour of the Harmony Homes Project.
ICA — Harmony Homes — Tenant Referral ICA -HH Form 104
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 146
LIST OF DOCUMENTS NEEDED TO COMPLETE THE APPLICATION PROCESS
1. Copies of valid photo identification for all household members 18 years of age or older.
2. Certified copies of birth certificates for all household members under 18 years of age.
3. Copies of Social Security cards for all household members.
4. Verification of income for all household members (e.g., current SSI/SSA benefits letter).
5. Homeless Management Information System (HMIS) Intake Forms.
6. Completed Application for Residency:
Document
Comoleted
a. Contact Information Case Manager
b. Homeless Information Case Manager
c. Chronic Homelessness Case Manager
d. Certification of Disability for PSH (If Applicable) Medical or Psychological Professional
e. Primary Service Provider Agreement Applicant and Case Manager
f. Applicant Background Information
g. Final Verification and Authorization
7. Housing Choice Voucher (when the lease is signed).
Case Manager
Applicant
ICA — Harmony Homes — Tenant Referral ICA -HH Form 104
Inner City Action, Inc.
Harmony Homes Project — Management Plan
APPENDIX F
Page 147
Inner City Action, Inc. - Harmony Homes Project
Tenant Log
House HH Relationship Referring
No Name (Last, First) (Y/N) to HH Date of Birth Limitations Language Date In Date Out Agency
Page:
ICA — Harmony Homes —Tenant Log Form ICA -HH 105
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 148
APPENDIX G
MONTH-TO-MONTH RENTAL AGREEMENT
Permanent Supportive Housing
(HUD: Non -HUD: )
THIS IS A LEGAL AGREEMENT TO RENT REAL PROPERTY. IT IS LEGALLY BINDING AND SHOULD BE READ
CAREFULLY BEFORE SIGNING. ANY CHANGES MUST BE INITIALED BY BOTH THE LANDLORD AND THE
TENANT.
This Agreement is entered on by and between Inner City Action, Inc. hereinafter called
Landlord and hereinafter called Tenant. Tenant hereby rents from Landlord those premises
at This Agreement is for a month-to-month tenancy, commencing on
THIS AGREEMENT IS CONDITIONED ON AND SUBJECT TO THE FOLLOWING:
1. The Landlord's name and address are: Inner City Action, Inc. (ICA),1800 N. Wilson Way Stockton, CA 95205,
Phone Number: 1-800-466-7205. Tenant must send any notices to the address where rent is paid or to
Landlord.
2. The premises are to be occupied for residential purposes only and for no other purpose, by
No other person shall occupy said premises, or any part thereof, without Landlord's prior written consent.
Tenant agrees not to violate any law, regulation or ordinance, nor to commit or permit any waste or
nuisance in, on, or about the premises, or in any way, annoy, molest, or unreasonably interfere with any
other tenant or occupants of the premises, and not to use in a wasteful or unreasonable or hazardous
manner any of the utilities furnished by Landlord. Tenant shall use the property only for residential
purposes, except for minor use in trade or business, so long as the use does not violate local zoning laws,
effect the othertenants' use of the premises, or affect Landlord's ability to insure against fire or liability and
only after receiving written approval from Landlord for nonresidential activities.
3. Rent for the premises shall be per month (per most recent rent calculation in file based on
income information provided by tenant) payable in advance on the first day of each month unless changed
by notice as provided herein. Rent is payable by money order or cashier's check only, payable to Inner City
Action, Inc. Unless notified otherwise in writing, the rent must be paid at the following location: 1800 N.
Wilson Way Stockton, CA 95205. Landlord may, upon service of no less than thirty (30) days written
notice, increase the monthly rent.
For HUD -assisted housing, rent is based on 30% of Tenant's income, so if Tenant's income changes,
Tenant must contact the Inner City Action, Inc. office within five (5) days of the change, so that Landlord
can make any necessary adjustments to Tenant's monthly rent.
ICA — Harmony Homes — Occupancy Agreement Form ICA -HH 106
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 149
4. The security deposit totals $ It can only be used as follows:
(a) Rent default $
(b) Cleaning/damage deposit: $
(c) Pet damage deposit $
(d) Items (a) through (c) above: $
The security deposit may NOT be used in lieu of payment of a "last month's rent". After termination of this
Agreement and vacating of the premises, Landlord will return the security deposit, less reasonable costs
and expenses incurred for any defaults and in a manner consistent with section 1950.5 of the California
Civil Code. Landlord may use the deposit during the tenancy to correct Tenant's violations of this Agreement,
and Tenant shall pay the amount deducted within 30 days of written demand for that payment. Landlord
may increase the amount of security deposit upon 30 days written notice to Tenant.
5. (a) Tenant shall keep the dwelling unit in as clean and sanitary a condition as the condition of the unit
at the beginning of this Agreement, or such earlier time that Tenant moved into the unit, and shall otherwise
obey all state and local laws which require a tenant to take care of rented premises. Tenant shall not violate,
or permit or encourage, the violation of the Tenant Rules; any criminal or civil law or ordinance in the use
of premises; commit waste or nuisance; or annoy, molest, or interfere with any other tenant or neighbor,
at any time. Any such action or inaction may result in the immediate termination of this Agreement as
provided herein and by law and as set forth in Attachment B.
(b) If Tenant or a guest or family member under Tenant's control causes damage (other than normal
wear and tear) to the dwelling unit, Tenant is responsible for repair of the damage at Tenant's expense. If
Landlord asks Tenant to repair damage, and Tenant refuses to do so after reasonable notice, Landlord may
have the repairs made and Tenant shall be liable within thirty days after that to reimburse Landlord the
reasonable cost of such repair.
(c) Tenant agrees not to do anything, or permit anything to be done, on the Premises which may
be deemed hazardous, or which will cause a cancellation of or an increase in the premium for any
insurance covering the Premises or the Landlord's program.
(d) Tenant may not re -key existing locks or opening devices. Except as allowed by law or
Landlord, Tenant shall not order, install, or otherwise permit installation of any landline, cable, or satellite
dish telephone, computer system, or television. If landlord approves installation of a satellite dish, Tenant
must not install it in a common area or drill any holes or otherwise damage the premises; assume all risk
and responsibility for any injury or property damage caused by the installation, or operation or removal
of the line or dish; and obtain renters insurance to cover any damage caused by the dish being susceptible
to wind or being harmed by occupants, and the installation, operation, and removal of the satellite dish.
ICA — Harmony Homes — Occupancy Agreement Form ICA -HH 106
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 150
(e) Tenant shall properly use, operate, and safeguard the Premises, all furniture, furnishings, and
appliances, and all electrical, gas, plumbing fixtures and shall keep them as clean and sanitary as their
condition permits. Tenant is responsible for all interior and exterior portions of the unit, as provided in
the Tenant Rules. Tenant shall immediately notify Landlord or Landlord's representative, of any damage,
and shall pay for cost of repair, replace, or rebuild any portion of the premises damaged by Tenant,
Tenant's guest, or invitees, excluding ordinary wear and tear. Tenant is responsible for the replacement
of any lost keys and, at the discretion of landlord, the cost of rekeying applicable locks.
6. (a) Failure of Tenant to pay the rent or other charges due under this Agreement, or to comply with
any of the covenants or conditions herein, or to comply with reasonable rules governing the premises and
common areas shall, at Landlord's option, terminate this Agreement and Tenant's rights therein as provided
by law. Any holding over thereafter shall result in Tenant being liable to Landlord for "rental damages" at
the fair rental value of $ per day. Daily rental value is prorated using a 30 -day month.
(b) Subject to requirements of California laws governing landlord -tenant relationships and
evictions or other judicial actions, the discontinuation of all or a significant portion of any subsidy utilized
by Landlord for Tenant's premises is deemed grounds for immediate termination by way of a 30 -day
notice to quit.
(c) Landlord may lease the Premises from a master lessor and sub leases to Tenant. If the master
lessor or a successor owner or property manager terminates the lease with Landlord, that is deemed
grounds for immediate termination by way of a 30 -day notice to quit.
7. Utility fees are to be paid promptly by the responsible party, as follows:
UTILITY LANDLORD TENANT
Water
Sewer
Trash
Electric
Gas
Other fees which may be passed through to Tenants shall be itemized and added to the rent above upon 30
days written notice: . *See Attachment
8. Tenant agrees to obey all reasonable rules governing tenants and their families and visitors, including but
not limited to the Tenant Rules, attached hereto, and incorporated herein. Tenant agrees not to permit in
Tenant's dwelling unit or any common area excessive noise or any other activity which disturbs the peace and
quiet of other tenants or neighbors and which is caused by Tenant or guest under Tenant's control.
9. (a) Tenant has inspected premises, furnishings, and equipment, and has found them to be
satisfactory. All plumbing, heating and electrical systems are operative and deemed satisfactory. Tenant
shall notify Landlord, or Landlord's Representative, in writing of any defects, dilapidations, or dangerous
conditions, and of any repairs or alterations contemplated. Tenant shall hold Landlord, and/or Landlord's
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representative, harmless as to any mechanics lien recordation or judicial or administrative proceeding
caused by Tenant.
(b) Tenant may not make any substantial alteration or improvement to the interior of the premises
or the dwelling unit, including painting or wallpapering, without prior written approval by the Landlord.
Landlord may give permission for such alterations if they are reasonable but may require Tenant to restore
the premises to their original condition before moving out if that condition is made clear when permission to
alter is given.
(c) Tenant shall make the Premises available to Landlord, or Landlord's representative, for the
purpose of entering to make necessary or agreed repairs, decorations, alterations, improvements,
monitor safety devices, supply necessary or agreed services, show the premises to prospective or actual
purchasers, tenants, lenders, appraisers, or for repairs and servicing the smoke alarms. Landlord and
tenant agree that a 24-hour written notice shall be reasonable and sufficient notice. In an emergency the
Landlord, and/or Landlord's Representative, may enter the Premises, at any time without prior notice.
10. Tenant shall not sublet the dwelling, assign this Lease, or add additional permanent tenants without prior
written permission of Landlord. Tenant may not transfer his/her interest in the premises or this Agreement.
Any attempt violates this paragraph and shall be void and an irremediable breach of this Agreement.
11. (a) Tenant expressly understands that Landlord has entered into this rental agreement on the
basis of information provided by Tenant, including but not limited to the information which relates to
Tenant's income, financial status, medical and psychological status, and/or homeless status. This
information is required to ensure that Tenant is eligible for subsidies received by Landlord for the
premises. If any material information related to the information provided by Tenant is or was inaccurate,
Tenant may be considered as having committed an incurable breach of a condition of this rental
agreement and Landlord, at its option, may terminate all rights of Tenant in this rental agreement. Failure
to provide updated information as to these issues within five (5) days of availability of that information to
Tenant shall be treated in a similar manner, at the option of Landlord.
(b) If any program financing subsidies or providing other assistance for Tenant requires
information or recertification regarding Tenant's income, financial status, or status as to other material
information, Tenant agrees to provide the requested information within five (5) days of request by
Landlord. As provided herein, any change in rent or other housing amenities provided to Tenant requires
a 30 -day written notice by Landlord.
12. Tenant agrees to keep only the following pets on the property unless prior written permission is received
from Landlord: and, if required, additional security deposit is paid. The keeping of a service animal or
comfort animal is subject to Tenant and Landlord executing the Service/Companion Animal Care Agreement
as an attachment hereto. If Tenant has a physical or psychological reason that a home or premises cannot be
shared with an animal, Tenant must request a reasonable accommodation from Landlord; otherwise, unless
the reasonable accommodation is approved, animals may be permitted.
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13. Landlord has the right to change the terms of this Agreement by providing a 30 -day notice in writing of
such change or changes.
14. Rent paid five days or more after being due shall be subject to a daily late fee equal to Landlord's actual
damages and not less than $20; Any dishonored or returned check shall be subject to a charge of $25.00 for
special handling or such greater amount as is permitted by law.
15. Any waiver by Landlord or the failure of Landlord to take action in any respect to any breach of any
term, covenant or condition in this Agreement shall not be deemed to be a waiver of that term, covenant,
or condition, including but not limited to the subsequent acceptance of rent by the Landlord, regardless
of Landlord's knowledge of the preceding breach at the time of accepting the rent and whether or not the
breach is continuing in nature. Each provision of this Agreement is separate and separately enforceable;
in the event any provision is declared to be unlawful or invalid, the enforceability of the other provisions
shall not be affected. Acceptance of rent with knowledge of Tenant's violation does not waive Landlord's
right to enforce any covenant or condition of this Agreement.
16. Landlord is not liable or responsible in any way for injury to any person, or loss or damage to any property
belonging to Tenant located in or on the premises. Tenant agrees to indemnify and hold harmless Landlord
and/or Landlord's agents or employees for any and all claims, cause of action, damages, and liability, costs,
and expenses (including reasonable attorney's fees) including but not limited to, those related to personal
injuries or property damage arising from the negligent, willful, intentional, or other conduct of Tenant,
Tenant's dependents, pets, guests or other co -habitants on, in, or adjacent to the Premises. This
indemnification does not waive Landlord's duty of care to prevent personal injury or property damage when
that duty is imposed by law. Tenant may obtain renter's insurance for protection of Tenant and Tenant's
property and possessions. Landlord's insurance does not cover Tenant's personal effects.
17. Landlord may assign any authority of Landlord under this Agreement, State law, or the Ordinance, to an
on-site and/or off-site manager or other Landlord employee.
18. Tenant may not allow any individual who has not signed a lease with Landlord, or has not obtained
prior consent of Landlord, to reside in the house or common area for any period. Tenant must ensure
that all guests have left the premises by 10:00 p.m. nightly.
19. (a) Tenant agrees that it will occupy the premises continuously, except for normal vacation periods,
and that any absence from the premises for more than 14 days during any part of which time rent is
delinquent shall be conclusively premised to be an abandonment of the premises.
(b) If Tenant abandons or vacates the premises, Landlord may terminate this Agreement and
regain lawful possession. If Landlord is unable to deliver possession of the premises on the
commencement date, that date shall be extended to the date on which possession is made available to
Tenant. If Landlord is unable to deliver possession within 10 calendar days after the agreed
commencement date, Tenant may terminate this agreement by giving written notice to Landlord and shall
receive a refund of all rent and deposits paid.
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20. Unless otherwise provided, any notice which either party may give or is required to give, must be in
writing and maybe given personally or by mail, postage prepaid, to Tenant on the premises or to Landlord or
Landlord's authorized agent at the address above, or in person by calling 1-800-466-7205 to arrange
personal service, or to Landlord's resident employee, if one is assigned. Notice shall be deemed effective
three days after mailing, or immediately upon personal delivery or service.
21. Additional terms to this Lease, such as continued eligibility for special rent reduction programs, areas
follows:
A. This is a shared housing agreement, requiring cooperation between residents and the sharing of
maintenance responsibilities in the same manner as when renting from ICA.
9
22. The following attachments/disclosures are attached and are incorporated in this Agreement as if set forth
in full. Tenant's initials acknowledge receipt of these attachments:
[ ] Smoke Alarm
[ ] Lead-based paint
[ ] Tenant Rules (Attachment C)
[ ] Megan's Law
[ ] Mold Avoidance/Treatment (Attachment F) [ ] Bed Bug Information (Attachment D)
[ ] City Residents Rights
[ ] Service/Comfort Animal Agreement
[ ] Special Termination Provisions
23. ADDITIONAL INFORMATION:
[ ] VAWA Documents
[ ] Dependent Care Agreement
(a) California law restrictions on rent increase and limitations regarding statements of cause in any notice
to terminate a tenancy pursuant to Sections 1946.2 and 1947.12 of the California Civil Code do not
apply to your tenancy because you are occupying housing subject to an agreement that provides
housing subsidies for affordable housing for persons and families of very low, low, or moderate
income, as defined by Section 50093 of the Health and Safety Code or comparable federal statutes.
See, Civil Code Sections 1946.2(d)(9) and 1947.12(d)(1).
(b) By initialing as provided, Tenant acknowledges that additional terms and provisions have been agreed
upon which are set forth in this paragraph and are incorporated in this Agreement.
SPECIAL TERMINATION AND APPEALS PROVISIONS. This Agreement is subject to special Tenant
termination and appeals procedures in Attachment B.
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24. This Agreement contains the entire agreement between the parties. No promise, representation,
warranty, or covenant, whether written or oral, not included in this Agreement has been made or is relied
on by either party. Each party has relied on his own examination of the Agreement. Failure or refusal of
either party to inspect the premises, to read the Agreement and Addendums or Attachments, or to obtain
advice related to this transaction constitutes a waiver of any objection, contention or claim that might
have been based on that reading, inspection, or advice. No amendment of this agreement and
attachments shall be effective unless revised in writing and signed by both Tenant and Landlord, except
that Landlord may modify or add to the Tenant Rules without Tenant approval, upon 30 days' notice.
The undersigned Tenant(s) acknowledge(s) having read and understood the foregoing, including
Attachments and the Tenant Rules, and acknowledge receipt of a duplicate original.
LANDLORD(S)
TENANT(S)
(Signature) (Date) (Signature) (Date)
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ATTACHMENTA: DISCLOSURES
INVENTORY: By initialing here, Tenant acknowledges the subject premises are furnished in
accordance with the attached photo inventory and a copy thereof is attached hereto, marked page
and is incorporated herein by reference as though fully set forth.
KEYS: Tenant acknowledges receipt of key(s) to premises and key(s) to an individual room.
Tenant acknowledges the responsibility of costs of replacing keys and/or of rekeying all or portions of the
premises if the key(s) are lost or not returned.
Disclosure of Information on Lead -Based Paint and/or Lead -Based Paint Hazards
Lead Warning Statement: Housing built before 1978 may contain lead-based paint. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to
young children and pregnant women. Before renting pre -1978 housing, lessors must disclose the presence
of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a
federally approved pamphlet on lead poisoning prevention.
Lessor's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards [Check (i) or (ii) below]:
(i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
(ii) Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the lessor [Check (i) or (ii) below]:
(i) _Lessor has provided the lessee with all available records and reports pertaining to lead-based
paint and/or lead-based paint hazards in the housing (list documents below):
(ii) Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing.
Lessor's Acknowledgment [initial]
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet approved by federal agency.
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Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that
the information they have provided is true and correct.
Lessor's signature: Date:
Lessee's signature: Date:
Sex Offender Identification Line Disclosure
NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex
offenders is made available to the public via an Internet Web site maintained by the Department of Justice
at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include
either the address at which the offender resides or the community of residence and ZIP Code in which he
or she resides.
Tenant signature(s):
Smoke and Carbon Monoxide Alarms
Date:
NOTICE: At the time of execution of this Agreement, all smoke and carbon monoxide alarms are operative.
Tenant signature(s):
City "Resident's Rights Form"
Date:
If the housing is in the City of Lodi, Tenant(s) has received a copy of the City Ordinance -required "Tenant's
Rights Form"
Tenant signature(s):
Date:
_SPECIAL TERMINATION PROVISIONS. This Agreement may be subject to special Tenant termination
procedures, depending on the nature of financing of subsidies provided for rent and services. These are
disclosed on Attachment B.
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ATTACHMENT B: SPECIAL TERMINATION PROVISIONS
Any of the following provisions initialed by Landlord apply to termination of this rental agreement:
_[ALL RENTALS] Subject to other restrictions in this Attachment, this Agreement is subject to
provisions of the California Civil Code and the California Code of Civil Procedure governing landlord -
tenant relationships and evictions or other judicial actions.
_[PERMANENT SUPPORTIVE HOUSING—HUD FUNDING] This rental agreement is subject to the
procedures governing the Supportive Housing Program, 42 U.S. Code sections 11381-11389 and 24
Code of Federal Regulations, sections 583.1-583.410. Tenant may be terminated for violation of
program requirements, but only in the most severe cases. Prior to termination of assistance, Landlord
shall provide/perform the following:
(1) Written notice to Tenant containing a clear statement of the reasons for termination
(2) A review of the decision, in which Tenant has the opportunity to present written or oral objections
before a person other than the perform (or that person's subordinate) who made or approved the
termination decision and
(3) Prompt written notice of the final decision to the participant.
_[HOUSING WITH OTHER GOVERNMENT ASSISTANCE] Prior to termination, Tenant must be
provided a clear notice of the facts and grounds constituting "good cause" for eviction (e.g., a major
violation or repeated minor violations of material provisions of this Agreement or applicable state and
local laws).
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ATTACHMENT C: TENANT RULES
Tenants in shared housing have their own bedrooms and/or homes and share common areas equally. The
following rules are to ensure that all tenants live together in harmony in a safe, clean, decent, and quiet
environment. House Leader (if any) is employed by and represents the Landlord and is appointed to
enforce these rules. Please read each rule and initial next to it indicating you read and understood each
one.
PART 1— Rules involving the tenants and their guests:
Only those individuals who have signed an Occupancy Agreement shall live in your house.
Tenants may invite guests into their houses and the common area. However, each tenant will be
responsible to ensure that his/her guest complies fully with these rules.
All guests are asked to leave the premises by 10:00 p.m. nightly. Visitors may not reside overnight
without the prior consent of management.
Tenants and their guests are expected to respect the peace, comfort, and privacy of the other
tenants. Therefore, please ensure that your television, music, or other activities are not audible outside
your house, especially between the hours of 10:00 p.m. and 7:00 a.m.
Activities conducted in the common area should not be loud enough to disturb the other tenants.
Smoking is only permitted in designated areas of the communal grounds, and not in the houses.
With the prior consent of management, the community may host a party to celebrate a holiday
or other important event. However, unauthorized parties cannot be permitted.
Tenants must refrain from making comments to one another of a derogatory nature based on
general appearance, race, ethnicity, gender, sexual orientation, religion, or political beliefs.
The following activities will result in immediate eviction, notification to law enforcement, and/or
possible prosecution:
Manufacture, purchase, sale, possession, or use of any illicit drug or related paraphernalia
on the premises. **
Consumption of alcohol or use of marijuana in the common area. **
Violence or aggressive behavior (threats, intimidation, and physical/sexual harassment). **
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Possession, brandishing, or use of a weapon of any kind. **
Private engagement in illegal sexual activity in a house, public display of openly sexualized
behavior, or insufficient attire worn in the common area. **
Damage, defacing, or theft of property owned by another tenant, the Harmony Homes
community, neighbors, or ICA. **
Persistent loud or rowdy behavior or noise. **
PART 2 — Rules concerning the maintenance of the houses:
Each tenant will be expected to maintain his/her house in a safe and sanitary manner.
Candles and incense must not be burned inside the houses due to the risk of fire and inhalation
accidents.
Electrical and gas appliances in the house must be turned off when not in use.
Tenants and their guests must maintain their possessions in a safe and secure manner. ICA and
the City of Lodi will not be responsible for loss, theft, or destruction of personal property.
Trash and recyclables must be sorted and placed in common receptacles in time for public pickup.
Intentional or reckless damage, destruction, or removal of any component of the house will result
in immediate eviction, notification to law enforcement, possible prosecution, and/or court action to
recover losses. **
The need for service/repair of appliances or systems in the house must be reported immediately
to management.
Access to the house must be granted to management upon 24-hour advance notification.
PART 3 —Tenant responsibilities in the common area:
The common area around your house should be kept clean, orderly, and free of trash.
The common area is to be shared by all tenants and their guests. It must be left in a safe, secure,
and tidy manner when no longer in use.
Sleeping, bathing, or engaging in illicit or illegal activities is not allowed in the common area.
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Tenants are not to store personal items or goods in the common area.
Use of the common area is restricted to the following hours:
Mondays through Saturdays, from 6:00 a.m. to 10:00 p.m.
Sundays and public holidays, from 8:00 a.m. to 10:00 p.m.
Vehicles owned by the tenants and their guests must be parked in assigned areas or on the street.
Any damage or required repairs to the common area must be promptly reported to management.
Intentional or reckless damage, destruction, or removal of any component of the common area will
result in immediate eviction, notification to law enforcement, possible prosecution, and/or court action
to recover losses.
PART 4 — Tenant responsibilities for pets:
With prior approval of management, tenants may keep one or more pets in their house.
All pets must be spayed or neutered and have received appropriate vaccinations (copies of
such records must be provided).
Pets must not be aggressive toward strangers.
Pets must be reasonably managed by their owner when outside.
Tenants must supervise and clean up after their pets.
Pets must not cause a noise or behavioral nuisance to the other tenants.
Dogs must be kept on leash while outside.
Tenants will be responsible for any damages or injuries caused by their pets.
I have read the above rules and agree to abide by them as a condition for living in the assigned house
and room.
Signature / Tenant:
Signature / Landlord:
Date:
Date:
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** Violation of this rule may result in a notice of termination of tenancy without any of the informal
advance warnings described in the Rental Agreement.
THIS HOUSE, ITS SURROUNDING PREMISES, AND THE COMMON AREAS ARE TO BE ALCOHOL, DRUG,
AND WEAPONS FREE. THIS INCLUDES MARIJUANA, EVEN IF THE RESIDENT HAS A CALIFORNIA MEDICAL
MARIJUANA CARD!
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ATTACHMENT D: BED BUG INFORMATION NOTICE
California tenant -landlord law was amended in 2016, and California Civil Code Section 1954.603 requires
that all tenants receive the following notice from landlords:
Bed Bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length.
Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies
are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may
lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not
fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can
be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to
five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months
without feeding.
Bed Bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not
realize they were bitten. A person's reaction to insect bites is an immune response and so varies from
person to person. Sometimes the red welts caused by the bites will not be noticed until many days after
a person was bitten, if at all.
Common signs and symptoms of a possible bed bug infestation:
• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, linens, upholstery,
or walls.
• Molted bed bug skins, white, sticky eggs, or empty eggshells.
• Very heavily infested areas may have a characteristically sweet odor.
• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping.
However, some people do not show lesions even though bed bugs may have fed on them.
For more information, see the Internet Websites of the United States Environmental Protection Agency
and the National Pest Management Association.
The procedure to report suspected infestations to the landlord is by contacting Inner City Action, Inc. at
1-800-466-7205
Tenant signature Date
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ATTACHMENT F: MOLD AND MILDEW AVOIDANCE AND TREATMENT
Tenant acknowledges that the house or room and common areas were received free of mold
and mildew, and that Tenant will be responsible for preventing and remedying the conditions which might
lead to mold and mildew infestation due to poor housekeeping or excessive moisture.
Tenant also acknowledges that mold and mildew can grow in the Premises if the Premises are not properly
maintained and ventilated. Tenant agrees to keep the interior of the Premises clean and dry to avoid a
mold or mildew infestation.
Tenant agrees to do the following to prevent mold and mildew:
• Use air conditioning, if provided, and heating systems in a reasonable manner and in moderation.
• Keep the premises properly ventilated by occasionally opening windows to allow fresh air during
dry weather.
• Use stove hood vents when cooking and dishwashing.
• Keep closet doors slightly open.
• Use bathroom fans when bathing or showering, if provided, or slightly open the bathroom
window to allow vapor out and fresh air in. Wipe any wet walls after finishing cleaning. Leave
bathroom door open after showering or bathing.
• Clean up any spilled liquids on counters or floors.
• No drying clothes indoors by hanging on doors or other places.
• Remove moldy or rotting food and take out garbage regularly.
• Watch for leaks or moisture under sinks, by windows, and in other areas.
• Never put furniture or beds directly against a wall.
Tenant agrees to do the following if mold or mildew is suspected:
• Immediately inform the landlord or landlord's representative of suspected mold, mildew, or any
leak or conditions which may contribute to a mold or mildew infestation.
• If it is a small area, clean with soap and a small amount of water, let the surface dry, and then
within 24 hours, clean with a cleaner such as Lysol Disinfectant or Pine -Sol Disinfectant.
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Violation: Tenant can be held responsible for property damage to the Premises and any health problems
that may result if mold or mildew is left untreated and unreported. Such a violation is a material violation
of the rental agreement. Tenant may be liable to Landlord and other residents for damage or injury
because of a failure to comply with the terms of this Attachment.
Tenant Signature
Date
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APPENDIX H
INNER CITY ACTION, INC.
Tenant Grievance Policies and Procedures
Statement of Principle
ICA is strongly committed to ensuring that its homes, apartments, and residential facilities provide safe,
secure, and comfortable housing to tenants and that services are offered in a supportive, effective, and
confidential manner. Further, it is the agency's goal that clients are treated with dignity and compassion,
that their unique character and abilities are honored and respected, that they receive the assistance they
need and desire to overcome challenges, that they are actively engaged in planning and advancing their
care, and that they are treated honestly and fairly. ICA does not discriminate in the provision of services
based on race, ethnic or national origin, physical or mental capabilities, gender, age, marital status, sexual
orientation, gender identity, gender expression, and/or religious affiliation.
To provide the best possible service to its residents, ICA has established the following guidelines for the
resolution of grievances.
Policies and Procedures
Initial Assessment and Intake: As part of the initial assessment and intake process, the ICA Case Manager
(or other staff member) shall review the following documents with all resident candidates:
1. Tenant Rules: A list of basic expectations and consequences intended to allow all residents to live
and thrive together as members of a home community.
2. COVID-19 Safety Protocols: Temporary rules to ensure that all residents remain as safe as possible
during the pandemic. These rules will be enforced until COVID-19 no longer poses a major health
risk.
3. Grievance Procedures: The basic steps a resident should follow to confidentially file a complaint
with ICA management and obtain resolution of a grievance.
4. Tenant Grievance Form: The preferred form for filing a grievance with ICA management.
Before entering the program, the resident candidate shall be asked to review and initial each section and
sign the documents where appropriate. Copies of the signed forms shall be provided to the resident and
retained within his/her case file.
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Public Access to Documents: Blank copies of the above documents shall be posted at each house with five
(5) or more tenants in a location readily accessible privately by all residents. Copies may also be obtained
from any staff member.
Updates to Tenant Rules and Grievance Policy: From time to time, ICA may need to update the above
documents in response to situations that may arise. Should this occur, each resident will be notified and
provided a copy for his/her records.
Informal Resolution of Complaints: Should a concern arise regarding the house, another resident, or a
member of the ICA staff (House Leader, Case Manager, Maintenance Worker, Operations Specialist, or
Management personnel), the resident is encouraged to first attempt to resolve the matter informally. If
necessary, the client may request the assistance of his/her House Leader, Case Manager, or staff member
of the referral agency.
Filing a Formal Grievance: Should a resident find it impractical to resolve the concern informally or efforts
to do so fail to adequately improve the situation, a formal grievance may be filed. Whenever possible,
the client should do so by filling out completely and signing the Tenant Grievance Form contained within
the intake paperwork, posted publicly in the home (with 5 of more tenants), or available from any member
of the ICA staff. At a minimum, the form should include the following information:
1. Full name, telephone number, and mailing address of the person filing the grievance.
2. Full name of the person or persons against whom the complaint is being filed.
3. A clear and concise statement explaining the concern, including any relevant facts, dates, and
times.
4. The nature of the remedy being sought. This must be consistent with the complaint being
filed and the scope of services offered by ICA.
The form should be submitted within thirty (30) days of the incident to: info@innercityaction.orl; or mailed to
1800 N Wilson Way, Stockton, CA 95205
Submission can be made by mail, email, in person, or through a member of the ICA or referring staff.
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Special Circumstances: While ICA would prefer that any person with a grievance first attempt to resolve
the matter informally and then, if necessary, file a written grievance as outlined immediately above, there
may be occasions when one or both methods would not be possible. Accordingly, the following special
provisions are noted:
A resident is never required to attempt an informal resolution before filing a formal grievance
if in his/her judgment doing so would not be practical, timely, or safe.
A resident is never required to notify the House Leader or any other member of the ICA staff
before submitting the Tenant Grievance Form with the Program Director.
If a resident is unable to file the grievance in writing for any reason, s/he may:
a. Contact privately the Program Director by telephone, email, or in-person.
Contact privately the emergency number contained on the placard located near the front
entrance of the home. This number is monitored by the ICA Assistant Director.
c. Make the complaint immediately known to any trusted ICA staff member and request
that the Program Director be contacted.
Investigation of the Complaint: ICA is fully committed to investigating and responding to any complaints
received. Once notified, the Program Director will review the grievance and appoint a special committee
to investigate and address it. ICA will maintain the confidentiality of the individual filing the complaint as
well as those cited within it to the greatest extent possible. However, in its role as a mandated reporter, the
agency is legally obligated to report certain types of complaints to the authorities. Further, should the
grievance involve a serious safety matter, one or more residents and/or staff members cited within it may
be moved to maintain the security of all concerned while the matter is investigated. Such movements are
made as discretely as possible.
ICA will make every effort possible to investigate and resolve the concern quickly, usually within 4 to 7
calendar days. However, to ensure that due diligence is achieved, and the rights of all concerned parties
respected, some grievances may take a few days longer to examine and address. During the process, the
resident filing the complaint will be kept discretely informed either orally or in writing. The final decision
will be sent in writing to the resident making the complaint.
Disagreement with the Outcome: Should the client not be satisfied with the outcome of the investigation,
s/he may appeal the matter in writing to:
Frank Saldana, Executive Director
Inner City Action, Inc
info@innercityaction.org
ICA — Harmony Homes — Tenant Grievance Policies and Procedures ICA -HH Form 107
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 168
If possible, this appeal should include the original Tenant Grievance Form, supporting documents, and the
committee findings. The appeal must be submitted within thirty (30) days of receipt of those findings.
Filing a Grievance with the referring agency: Nothing in this policy is intended to preclude a resident from
filing a grievance with the referring agency in place of, or concurrent with, the filing of a grievance with
ICA.
ICA — Harmony Homes — Tenant Grievance Policies and Procedures ICA -HH Form 107
Inner City Action, Inc.
Harmony Homes Project— Management Plan
Page 169
APPENDIX I
INNER CITY ACTION, INC.
Tenant Grievance Form
INSTRUCTIONS: Please review the attached Tenant Grievance Policies and Procedures. Once completed, please fill out this form as thoroughly
as possible and submit it to the staff cited in the Policies and Procedures within thirty (30) days of the incident. After it is received, an investigation
will be conducted as confidentially as possible. You will be notified of the progress being made of the outcome.
Submitted To: Date Submitted:
Program (if known):
Person Filing Complaint:
Name: Telephone:
Address: Email:
Nature of the Incident:
Date / Time: Location:
Person(s)Involved: Witness(es):
Description (If additional space is needed, you may add more sheets):
Proposed Solution:
Signature
Date
ICA — Harmony Homes — Tenant Grievance Form ICA -HH Form 108
EXHIBIT F
INSURANCE REQUIREMENTS
[Remainder of Page Intentionally Left Blank]
i
EXHIBIT F
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oject
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(1) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
RESOLUTION NO. 2023-118
A RESOLUTION OF THE LODI CITY COUNCIL WAIVING THE FORMAL BID
PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE, REGULATORY, AND OPERATOR AGREEMENT WITH
INNER CITY ACTION, INC., A CALIFORNIA NONPROFIT CORPORATION,
FOR THE HARMONY HOMES PROJECT
WHEREAS, the Lodi City Council approved APN 043-067-16 as the location for
Harmony Homes on December 2, 2020, per Resolution No. 2020-295; and
WHEREAS, the City has completed the development of the Harmony Homes project
containing four units of permanent supportive housing for individuals and families experiencing
homelessness; and
WHEREAS, the current operator, Sacramento Self -Help Housing, has chosen to
dissolve its organization as of June 30, 2023; and
WHEREAS, due to the short timeframe to identify a new operator, staff met with several
local social service providers and sought out a new operator for Harmony Homes that would be
able to meet the needs of individuals experiencing homelessness who are seeking stable
housing and able to abide by the housing first model required by the grant resources utilized to
develop Harmony Homes; and
WHEREAS, Inner City Action, Inc., is able to operate Harmony Homes and also uniquely
capable to provide additional wraparound services for the residents to enhance their path to
independence that is needed for this type of project; and
WHEREAS, Homeless, Housing Assistance, and Prevention grant funds will be utilized
to support this contract with no General Fund impact; and
WHEREAS, staff recommends the City Council waive the formal bid process as Inner
City Action, Inc., is uniquely able to provide necessary services and authorize the City Manager
to execute a lease, regulatory, and operator agreement with Inner City Action, Inc., a California
nonprofit corporation, for the Harmony Homes project, in an amount not to exceed $80,000 held
in a reserve account for long-term operations and maintenance for a term of five years with an
option to extend five years.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
determine that Inner City Action, Inc., a California nonprofit corporation, is uniquely able to
operate Harmony Homes and to provide the additional wraparound services required for the
residents, and because of this, the City Council hereby finds that the method of purchase and
contract negotiation on the lease, regulatory, and operator agreement with Inner City Action,
Inc., is in the best interests of the City and hereby waives the formal bidding procedures
required under Lodi Municipal Code Section 3.20.070; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute a lease, regulatory, and operator agreement with Inner City Action,
Inc., a California nonprofit corporation, of Stockton, California, for the Harmony Homes project,
in an amount not to exceed $80,000 for a term of five years, with an option to extend five years;
and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: June 7, 2023
------------------------------------------------------------------------
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I hereby certify that Resolution No. 2023-118 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 7, 2023, by the following vote:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-118