AGR-7440 - SHELTER PROVIDERS OF ORANGE COUNTY INC DBA HOMEAIDis8CZ-7'44
PERMANENT LOCAL HOUSING ALLOCATION AGREEMENT BETWEEN
HOMEAID AND THE CITY OF ORANGE
This Permanent Local Housing Allocation Agreement ("Agreement") is entered into
this 154 day of I\61ember , 2022 by and between Shelter Providers of Orange County, Inc,
DBA HomeAid Orange County, a California nonprofit corporation ("HomeAid") and the City of
Orange, a California municipal corporation ("Orange").
RECITALS
A. The State of California, Department of Housing and Community
Development ("Department") is authorized to provide up to $195 million to cities and counties
for assistance under the SB 2 Permanent Local Housing Allocation Program Entitlement
Jurisdiction Component from the Building Homes and Jobs Trust Fund (as described in Health
and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).
B. The Department issued Permanent Local Housing Allocation Final Guidelines
PLHA Program Guidelines") in October 2019.
C. The Department issued a Notice of Funding Availability ("NOFA") dated
February 26, 2020, under the Permanent Local Housing Allocation ("PLHA"). The NOFA
listed Orange as an Entitlement Local Government with a PLHA funding allocation of$607,483
for Fiscal Year 2019-2020 and a total estimated five-year PLHA funding allocation of$3,644,898
for Fiscal Years 2019-2020 through 2023-2024.
D. The PLHA Program Guidelines permit eligible applicants for PLHA funds to
subgrant some or all of its PLHA funds to another entity or entities. Pursuant to PLHA Program
Guidelines section 302(c)(3), "entity"means a housing developer or program operator,but does
not mean an administering local government to whom a local government may delegate its PLHA
allocation.
E. Under PLHA Program Guidelines section 301 (a)(6)(B), eligible activities include
assisting persons who are experiencing or at risk of homelessness, including providing emergency
shelters that operate in a manner consistent with the Housing First practices described in 25 CCR,
Section 8409, subdivision(b)(1)-(6) and in compliance with WIC Section 8255(b)(8).
F. The City of Orange desires to subgrant the available balance of its Fiscal Year
2020 PLHA Allocation, in the amount of$222,815, to the Family Care Center, an emergency
shelter for families experiencing homelessness operated by HomeAid. The eligible activity will
benefit people who are experiencing or are at risk of homelessness.
THEREFORE, Orange and HomeAid agree as follows:
1.This Agreement shall constitute the legally binding Agreement between Orange
and HomeAid as required under PLHA Program Guidelines.
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2.Orange represents and warrants that:
a.It is eligible to submit the Five-year Plan (Plan) to the Department as part
of a complete application in which it proposes to use allocated funds for at least one eligible
Activity. The Plan will detail the way it will prioritize investments that increase the supply of
housing for households with incomes at or below 60 percent of Area Median Income (AMI) and
the Plan shall have a term of five years;
b. It has adopted a Department-compliant Housing Element, and will submit
an Annual Performance Report ("APR"), as required by Government Code section 65400 for
the prior year by the application deadline date, and will continue to submit its APR annually by
April 1 annually for the five year term of this Agreement to ensure continued compliance; and
c.It will submit a certification in an approved resolution with the PLHA
application allowing some of its funds to be provided to another entity pursuant to PLHA Program
Guidelines Section 300(d), and that its selection process avoided conflicts of interest and was
accessible to the public. For the purposes of this paragraph, "entity"means a housing developer or
program operator; "entity" does not mean an administering local government to whom a local
government delegates its PLHA fouuula allocation.
3.HomeAid is authorized to use PLHA funds for the Family Care Center to assist
families experiencing homelessness consistent with Exhibit A.
4. At all times during the term of this Agreement Orange and HomeAid shall be in
compliance with PLHA Program Guidelines, including but not limited to:
a.Maintaining a Department-compliant Housing Element; and,
b.Submitting to the Department by April 1 of each year a Housing Element
APR as required under Government Code section 65400 on Orange's prior year Housing Element
activities.
5.During the term of this Agreement Orange shall:
a.Approve a Plan consistent with PLHA Program Guidelines;
b. Annually ensure activities being undertaken with PLHA funds continue to
comply with PLHA guidelines;
c.In succeeding years, obtain the approval of the Department for any
amendments made to the Plan, as set forth in Section PLHA Program Guidelines section
302(c)(5); and,
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d.Submit to the Department annual PLHA year-end annual report beginning
in 2023 pursuant to Health and Safety Code Section 50470 (b)(2)(B)(ii)(III) each year by July 31
for the term of the Standard Agreement.
6.Beginning no later than July 10, 2023, HomeAid shall submit annual fiscal year-
end report to Orange that shall:
a.Provide a description of activities undertaken and targeted beneficiaries,
number and demographics of clientele serviced, household incomes, as well as the status of
reaching its activity goals annually to assist Orange in end of year report of accomplishments; and
b.Maintain documentation of its records related to this Agreement and
HomeAid's use of PLHA funds, including but not limited to financial records and program files,
throughout this Agreement and for a minimum of five years after this Agreement terminates.
Financial records related to this Agreement or the HomeAid's use of PLHA funds shall be
developed and maintained in accordance with generally accepted accounting principles. HomeAid
shall make its records related to this Agreement and HomeAid's use of PLHA funds accessible to
the Department and Orange upon request. The rights and obligations of the parties and the
Department under this subdivision shall survive the Agreement's termination.
7.Indemnification by HomeAid.
a.HomeAid shall indemnify, hold harmless, and defend with counsel
approved in writing by Orange, Orange and its officers, agents, elected and appointed officials,
and employees against all liability, claims, losses, demands and actions for injury to or death of
persons or damage to property arising out of or alleged to arise out of or in consequence of this
Agreement including attorneys' fees, provided such liability, claims, demands, losses or actions
are due to the acts or omissions of HomeAid, its officers, agents or employees in the performance
of this Agreement.
b. HomeAid shall indemnify, hold harmless, and defend with counsel
approved in writing by Orange, Orange and its officers, agents, elected and appointed officials,
and employees against any liability,claims,losses, demands, and actions including attorneys' fees
incurred by Orange as a result of a determination by the Deparinuent that activities undertaken by
HomeAid under the Agreement failed to comply with any laws,regulations, or policies applicable
thereto.
c.The rights and obligations of the parties under this paragraph shall survive
the Agreement's termination.
8. Indemnification by Orange.
a.Orange shall indemnify, hold harmless, and defend with counsel approved
in writing by HomeAid, HomeAid and its officers, agents and employees against all liability,
claims,losses, demands and actions for injury to or death of persons or damage to property arising
out of or alleged to arise out of or in consequence of this Agreement including attorneys' fees,
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provided such liability, claims, demands, losses or actions are due to the acts or omissions of
Orange, its officers, agents or employees in the performance of this Agreement.
b.Orange shall indemnify, hold harmless, and defend with counsel approved
in writing by HomeAid, HomeAid against any liability, claims, losses, demands, and actions
including attorneys' fees incurred by HomeAid as a result of a determination by the Department
that activities undertaken by Orange under the Agreement failed to comply with any laws,
regulations, or policies applicable thereto.
c.The rights and obligations of the parties under this paragraph shall survive
the Agreement's termination.
9.HomeAid or Orange may terminate this Agreement immediately without penalty
for cause or after 30 days' written notice without cause. Cause for the purposes of this paragraph
includes, but is not limited to, any material breach of contract, any misrepresentation or fraud, or
the Department's determination Orange is no longer eligible for PLHA funds.
10. Notices or other communications which may be required or provided under the
terms of this Agreement shall be given as follows:
Orange HomeAid
City of Orange HomeAid OC
300 E. Chapman Ave.17821 17th St., Ste. 120
Orange, CA 92866 ILA Si ' Orange, CA 92780
Attention: Jessica Herrera Attention: Gina Cunningham,
Executive Director
All notices shall be in writing and deemed effective when delivered in person or deposited
in the United States mail, first class,postage prepaid and addressed as above.Notwithstanding the
above,the Parties may also provide notices by facsimile transmittal, and any such notice so given
shall be deemed to have been given upon receipt during normal business hours or, in the event of
receipt after business hours, on the following business day. Any notices, correspondence, reports
and/or statements authorized or required by this Agreement, addressed in any other fashion shall
be deemed not given.
11. This Agreement may be executed in two or more counterparts, each of which shall
be deemed original, but all of which together shall constitute but one and the same instrument.
Shelter Providers of Orange County, Inc., Attest:
DBA HomeAid Orange County, California
nonpro rp •
By: By:
Name: Gina C gha Name:
Title: City Clerk
Date:
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City of Orange, a municipal
corporation in the State of California
By: gViudDate: IZ_ 722441(7eName: Mark A. Murphy
Title: Mayor
Attest
Date: (al1a -
Name: Pamela Coleman
Title: City Clerk
Approved as to Form:
By:
N •
Date: 1a rjf Za
Name: Mary E. inning
Title: Senior Assistant City Atto
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Iomeaid.
ORANGE COUNTY
October 10, 2022
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
To the City of Orange,
Thank you for being such a valuable community partner to our organization. HomeAid Orange County is
pleased to submit this request in support of our mission to help families experiencing homelessness.
Funding from the Permanent Local Housing Allocation will assist HomeAid with the operations at our Family
CareCenter,a critically needed emergency shelter for families.These operational costs include utilities that
keep the shelter safe and healthy, maintenance that preserves the building,security and staffing fees,food
and toiletries, and other supplies that directly serve the families who.stay at the CareCenter.
HomeAid Orange County primarily partners with nonprofit service providers and public entities who want
to build housing that will assist those experiencing homelessness. Through our connections within the
building industry, we assist in all steps of the housing development process, saving a minimum of 30% of
market costs on each housing project. These funds we save are for the benefit of our nonprofit partners
who operate the shelters, so that they can spend-more of their own resources on the individuals and
families that'they serve.Since our founding in 1989, HomeAid has worked on the completion of 70 housing
projects, which have been home to over 77,000 individuals. Today, there are 19 HomeAid affiliates in 13
different states across,America working to build a future without'homelessness.
Due to the high demand for housing in our community, the HomeAid model evolved to develop housing
projects of our own. In July 2017„HomeAid Orange County opened the Family CareCenter, an emergency
shelter that provides desperately needed short-term housing too families experiencing homelessness.
Designed to!keep families together, the CareCenter is a safe and dignified place where parents can focus
on rebuilding their futures and securing a more stable place to live. In the five years since opening its doors,
the CareCenter has sheltered 345 fare lies,accounting for a total of 1,363-individuals. I
Human services and.operations are provided by our nonprofit partner, Mercy House. Through Mercy
House, all residents within the Family CareCenter have immediate access to case management and housing
navigation support.92%of all_the families who have entered the CareCenter have successfully moved onto
their next housing option. I I
The communal living space currently provides 56 beds in semi private,flexible sleeping areas for up to:16
families each night. Every day, the CareCenter staff providesithel families staying there with breakfast,
lunch, and dinner.Tutoring, homework assistance, and access to computers are also available to-students
so that important areas of their growth are not interrupted by circumstances of crisis. Families can remain
in the emergency program until they are able to secure permanent housing or matched with a longer-term
housing program.
17821 17'Street, Suite 120 d :h
rgEIN: 33-0568079 hame idoco
Tustin, CA 92780
homeaid.
ORANGE COUNTY
The CareCenter fulfills a critical need within the Orange County community, but there is still a great demand
to assist families experiencing homelessness. According to the Family Solutions Collaborative, as of August
2022, there are 203 unsheltered families in Orange County. The experience of family homelessness is
extremely complex and traumatizing, as it can lead to unhealthy and overcrowded living situations and
potentially separate parents from their children. Families must pay for not just the expensive of living and
eating, but also health and childcare.The burden of expenses has increased over the past few years due to
economic inflation following the COVID-19 pandemic. Many stable families are just one emergency away
from experiencing homelessness. Even adults with well-paying jobs have been priced out of their homes
and are in need of services.
Many families who apply for housing services receive vouchers for low-rent apartments, affordable.
housing, and motel rooms. Even though there are plenty of vouchers being handed out, there are limited
spaces available, and many cannot be welcomed to a place to stay. What our community needs more than
anything are safe and dignified shelters for homeless families to not only call a temporary home, but for
those places to connect them with case managers to help them into stable housing situations.The Family
CareCenter is one of those crucial shelters that have changed lives and will continue to do so.
Thank you for this opportunity to share the work HomeAid is doing to end homelessness in Orange County.
Your investment will make an immediate impact in our Orange County community. If you have any
questions, please contact me at 949-301-9837 or by email at gina@homeaidoc.org.
With Sincere Gratitude,
11444%...)
Gina Cunningham
Executive Director .
17821 17th Street, Suite 120
EIN: 33-0568079 homeai=oc org ,4 ..
Tustin, CA 92780
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