HomeMy WebLinkAboutSBCS Corporation - Tenant Based Rental Assistance Program - 2023AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND SBCS CORPORATION
FOR TENANT -BASED RENTAL ASSISTANCE PROGRAM
THIS AGREEMENT is entered into this "A Co ' day of ,
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SBCS
Corporation, a 01 e non-profit public benefit corporation (the "CONSULTANT").
RECITALS
WHEREAS, the City receives an an al allocation of Home Investment Partnerships
("HOME" or "HOME Program") Program gram funds from the U.S. Department of Housing and
Urban Development ("HUD") under Title II of the Cranston -Gonzalez National Affordable
Housing Act of 1990, as amended, 42 USC 12 741 et seq., (the "Act") and 24 CFR part 92;
WHEREAS, the purpose of the HOME Program is to increase the supply of decent,
safe, sanitary, and affordable housing for very low-income and low-income households; and
WHEREAS, among the eligible uses of HOME is the provision of tenant based rental
assistance ("TBRA"); and
WHEREAS, the CITY has made an allocation of funds to establish a Tenant -Based
Rental Assistance PROGRAM " OG AM" or "TBRA PROGRAM"); and
WHEREAS, the CITY has appropriated $400,600.00 in the Fiscal Year 2 2 -2024 to
tenant -based rental assistance; and
WHEREAS, the CONSULTANT responded to the CITY's HOME notice of funding
availability ("1 F " to deliver the CITY's Tenant -Based Rental Assistance; and
WHEREAS, the CONSULTANT has extensive knowledge and experience in managing
the delivery of HOME -funded tenant -based rental assistance ; and
WHEREAS, the CITY has determined that the CONSULTANT has the experience,
adequate staff capacity, and ability to deliver the services desired by the CITY in a professional
and timely manner, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT _ OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to perform the services hereinafter set forth according to all terms and conditions
contained herein, and the CONSULTANT agrees to perform the services set forth herein according
to all terns and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under the direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH AGREEMENT. T. This Agreement will
become effective on the date that it is executed. The HOME Program Grant should be expended
within thirty 3 months of the execution date of this Contract, as identified in attached Exhibit
"A" entitled Scope of Work.
3. SCOof SERVICES. The express purpose of this Contract is for the CITY to
provide the CONSULTANT with HOME Program funds to be used to directly assist at least
_eleven_ Li1. households in National City with tenant -based rental assistance.
The CONSULTANT T will perform services as set forth in the attached Exhibit "A,"
entitled Scope of Work; and Exhibit "B," HUD's Building HOME Manual Chapter 7 TBRA that
provides eligible households and units, eligible types and levels of subsidy, and options for
establishing a PROGRAM.
.
The CONSULTANT SULTTANT shall be responsible for all research and reviews related to the work
and shall not rely on personnel of the CITY for such services, except as authorized in advance by
the CITY. The CONSULTANT shall appear at requested meetings and provide reports as cited in
Exhibit "A" to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT T agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with the said change in services.
4. PROGRAM COORDINATION AND SUPERVISION. The Housing Manager of
the National City Housing Authority hereby is designated as the PROGRAM Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall
designate a Program Director or Department Director to provide supervision and have overall
responsibility for the C NSULTA IT's progress and execution of this agreement.
5. COMPENSATION AND.PAYMENT. The compensation for the CONSULTANT
shall be based on quarterly billings covering actual workperformed. Billings shall include
labor
classifications, respective rates, hours worked, and also materials if any. The total cost for all work
described in Exhibit "A" shall not exceed four hundred thousand six hundred dollars ($400,600.00)
of HOME Program funds. The compensation for the CONSULTANT'S work shall not exceed the
rates set forth in Exhibit "A," Quarterly invoices will be processed for payment and remitted within
thirty (30) days from receipt ofinvoice, provided that work is accomplished consistent with Exhibit
"A," as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee
timesheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement and
for five years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
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. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions that
may arise regarding the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to x quality or acceptability the
work, the manner of performance, and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten(10)
business days, the CONSULTANT and the CITY shall each prepare a report supporting their
position and filing the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability ilit f the work, the manner of performance, and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP_ OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents reared. bythe
prepared
CONSULTANT for this PROGRAM, AM, whether paper or electronic, shall: 1 be free from defects;
(2) become the property of the CITY for use with respect to this PROGRAM; and shall be
turned over to the CITY upon completion of the PROGRAM, AM, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT hereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY' S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. Upon request of the CITY,
the CONSULTANT shall execute any further document(s) necessary to effectuate this waiver and
disclaimer further.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign,
transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work
product for the CITY' S purposes, and the CONSULTANT expressly waives anddisclaims any
residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property
and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14,
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some PROGRAM other than what was
expressly agreed upon within the Scope of Services of this PROGRAM, unless otherwise mutually
agreed.
. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this
Agreement will be acting in an independent capacitypand not as agents, employees, partners,or
,joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY and are not entitled to any of the CITY S employees' rights,
benefits, or privileges, including but not limited to retirement, medical, unemployment, or
workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees. The parties recognize that a substantial inducement to the CITY
for entering into this Agreement was, and is, the professional reputation and competence of the
CONSULTANT and its employees. The CONSULTANT may assign neither this Agreement nor
any interest therein without the prior written consent of the CITY. Nothing herein contained is
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City of National City
intended to prevent the CONSULTANT from employing or hiring as many employees, or
SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient
performance of this Agreement. All agreements by CONSULTANT T with its
SUBC NSULTAI TT S shall require the SUBC NSULTANT S to adhere to the applicable
terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any
control over the conduct of the CONSULTANT SULTANT or any of the CONSULTANT'S employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any maser agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent of the CITY, and
this Agreement solely prescribes CONSULTANT'S obligations to the CITY.
10. COMPLIANCE WITH APPLICABLE LAW, In the performance of the services
to be provided herein, the CONSULTANT shall comply with all applicable state and federal
statutes and regulations and all applicable ordinances, rules, and regulations of the City of National
City, whether now in force or subsequently enacted. The CONSULTANT and each of its
SUBC NSULTA TT S shall obtain and maintain a current City of National City business license
prior to and during the performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that
it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required
to practice its profession. CONSULTANT must promptly produce a copy of any such license,
permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the
CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the CONSULTANT
to practice its profession.
12. STANDARD of CARE.
A. The CONSULTANT, in performing any services under this Agreement, shall
perform in a manner consistent with that level of care and skill ordinarily exercised by members
of the CONSULTANT'S trade or profession currently practicing under similar conditions and in
similar locations. The CONSULTANT shall take all special precautions necessary to protect the
CONSULTANT'S employees and members of the public from the risk of harm arising out of the
nature of the work and/or the work site's conditions.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five years preceding,
been debarred by a governmental agency or involved in debarment, arbitration, or litigation
proceedings concerning the CONSULTANT'S professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT SULTAI T is responsible for identifying any unique products,
treatments, processes, or materials whose availability is critical to the success of the PROGRAM
the CONSULTANT has been retained to perform, within the time requirements of the CITY, or
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT T warrants that all products,
materials, processes, or treatments identified in the PROGRAM documents prepared for the CITY
are reasonably commercially available. Any failure by the CONSULTANT to use due diligence
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City of National City
under this sub -section will render the CONSULTANT liable to the CITY for any increased costs
that result from the CITY' S later inability to obtain the specified items or any reasonable substitute
within a price range that allows for PROGRAM completion in the time frame specified or, when
not specified, then within a commercially reasonable time.
13. NONDISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to ensure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital
status, national origin, physical handicap, or medical condition. Such action shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
t
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places
available to employees and applicants for employment any notices provided by the CITY setting
forth the provisions of this nondiscrimination clause.
14. CONFIDENTIAL INFORMATION. From time . to time, the CITY may
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to perform the services to be provided herein effectively. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT T shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided. herein. The foregoing obligation of this Section 14, however, shall not apply to any
part of the information that i has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions,
or other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm, or corporation.
CONSULTANT shall be liable to CITY for any damages caused by a breach of this
condition, pursuant to the provisions of Section 15.
15. INDEMNIFICATION ... AND HARMLESS. To the maximum extent
provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from any and
all liability, loss, damages to property, injuries to, or death of any person or persons, and all clams,
demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, any kind or
nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT'S perfor man e or other obligations under this Agreement;
provided, however, that this indemnification and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the CITY, its agents,
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officers, employees or volunteers. CITY will cooperate reasonably in defense of any action, and
CONSULTANT shall employ competent counsel reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
16.1 PERS Eligibilityil______Idenujification. Suppose CONTRACTOR's employee(s) providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or the
California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS
of the CITY. In that case, CONTRACTOR shall indemnify, defend, and hold harmless CITY for
the payment of any employer and employee contributions for PERS benefits on behalf of the
employee as well as for payment of any penalties and interest on such contributions which would
otherwise be the responsibility of the CITY.
CONTRACTOR'S employees providing service under this Agreement shall not:(1)
qualify for any compensation and benefit under PERS; 2 be entitled to any benefits under PERS;
(3) enroll in PERS as an employee of CITY; 4 receive any employer contributions paid by CITY
for PERS benefits; or be entitled to any other PERS-related benefit that would accrue to a CITY
employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation
described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding anyother
agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary.
16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this
Agreement shall be the full and complete compensation to which CONTRACTOR and
CONTRACTOR's officers, employees, agents, and subcontractors are entitled to perform any
work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees,
agents, and subcontractors are entitled to any salary or wages, retirement, health, leave, or other
fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax
withholdings on behalf of the CONTRACTOR. The CITY shall not be required to pay any
workers' compensation insurance on behalf of the CONTRACTOR.
16,3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of(1)
CONTRACTOR, 2 any employee of CONTRACTOR, or any employee of CONTRACTOR
construed to be an employee of the CITY, for work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement.
17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the
provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the
applicable provisions of Division 4 and 5 ofthe California Labor Code and all amendments thereto;
and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the
CITY and its officers, employees, and volunteers from and against all claims, demands, payments,
suits, actions, proceedings, and judgments of every nature and description, including reasonable
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attorney's fees and defense costs presented, brought or recovered against the CITY or its officers,
employees, or volunteers, for or on account of any liability under any of said acts which may be
incurred by reason of any work to be performed by the CONSULTANT under this Agreement.
18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and
maintain, and shall require its SUBC 1 S TANT S , when applicable, to purchase and maintain
throughout the term of this Agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per claims made.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000per claims made and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to this "PROGRAM" or "location." The "PROGRAM" or "location" should be noted with
specificity on an endorsement that shall be incorporated into the policy,
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of the CONSULTANT'S employees and employers' liability
insurance with limits of at least S1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, officials, employees, and volunteers so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty 0 days prior
written notice to the CITY's Risk Manager, at the address listed in subsection G below, of
cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after the expiration of the term (and any extensions) of this Agreement. In addition, the "retro"
date must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section shall
be:
City of National City
do Risk Manager
1243 ational City Boulevard
National City, CA 919 0-4 97
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H. Insurance shall be written with only insurers authorized to conduct business in
California that hold a current policy holder's alphabetic and financial size category rating of not
less than A: VII according to the current est's Key Rating Guide or a company of equal financial
stability that the CITY' S Risk Manager approves. In the event coverage is provided by non -
admitted "surplus lines" carriers, they must be included on the most recent List of Approved
Surplus Line Insurers ("LASLI") and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient proof
that these insurance provisions have been complied with are filed with and approved by the
CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required by
this Section 18 in full force and effect at all times during the term of this Agreement, the CITY
may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Section 18, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or both)
than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the CITY.
19. LEGAL FEES. If any party brings a suit or action against the other party arising from
any breach of any of the covenants or agreements or any inaccuracies in any of the representations
and warranties on the part of the other party arising out of this Agreement, then in that event, the
prevailing party in such action or dispute, whether by final judgment or out -of -court settlement,
shall be entitled to have and recover of and from the other party all costs and expenses of suit,
including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorne 's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred
by the CITY in its prosecution or defense of the action, irrespective of the actual amount of
attorney's fees incurred by the prevailing party.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without a cause shall be effective only upon 10-day's written notice to the
CONSULTANT. In the event of termination, the CONSULTANT shall suspend the collection of
applications and execution of additional Rental Assistance Contracts following receipt of such
notice.
B. This Agreement may also be terminated immediately by the CITY for cause in
the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CITY.
C. Termination with or without a. cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
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D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, unless any damages
caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written
material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this Agreement
upon 1 the filing of a petition in bankruptcy ruptcy affecting the CONSULTANT; 2a reorganization
of the CONSULTANT for the benefit of creditors; or a business reorganization, change in
business name or change in business status of the CONSULTANT.
F. In the event that HUD withdraws ally portion of the CITY'S HOME funds, the
CITY shall not be obligated to reimburse the CONSULTANT or sub -contractor for any activity
expense incurred or otherwise. CITY will notify CONSULTANT if such event by HUD occurs
within 30 days.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, iii if mailed
by registered, certified or ordinary mail, five 5 days (ten 1 days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy,
facsimile or fax, when sent. Any notice, request, demand, direction, or other communication
delivered or sent as specified above shall be directed to the following persons:
To CITY: Housing Programs Manager
National City Housing Authority
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:
Geri Schroeder
Program Director
S C S Corporation
430 F Street
Chula Vista, CA 91910
Notice of change of address shall be given by written notice in the manner specified in this Section.
The rejection or other refusal to accept or the inability to deliver because of a changed address of
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which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or
communication sent. Any notice, request, demand, direction, or other communication sent by
cable, telex, telecopy, facsimile, or fax must be confirmed within forty-eight hours by letter
mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process, or material for the PROGRAM in which the CONSULTANT has a material financial
interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT
shall at all times comply with the tenns of the Political Reform Act and the National City Conflict
of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
N If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or
expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work performed
under this Agreement. State prevailing wages rates apply 1 to all public works contracts as set forth.
in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1 20. , 1720.4, and
1771. The consultant is solely responsible for determining if State prevailing wage rates apply and,
if applicable, pay such rates according to all laws, ordinances, rules, and regulations.
24. ADMINISTRATIVE PROVISIONS.
A. Computation of Time Periods. If any date or time periodprovided for this
Agreement ends on a S atur lay, Sunday, or federal, state, or legal holiday, then such date shall
automatically be extended until 5:00 pin. Pacific Time of the next day is not a Saturday, Sunday,
or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which, together, shall constitute but one and the
same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the parties' convenience, are not a. part of this Agreement, and shall not
be used to interpret or determine the validity of this Agreement or any provision hereof.
a No Obligations to Thirdas. Except as otherwise expressly provided herein,
the execution and delivery of this Agreement shall not be deemed to confer any rights upon or
obligate any of the parties hereto to any person or entity other than the parties hereto.
. Exhand Schedules. The Exhibits and Schedules attached hereto are hereby
incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or
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provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption of Rights. CONSULTANT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement shall
not operate as a waiver of any future breach of any such provision or any other provision hereof.
I. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties
shall be subject to the examination and audit of the State Auditor for a period of three 3 years
after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise made
by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties hereto.
M.Subcontractors or Subconsultants. The CITY is engaging the services of the
CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultants shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless
provision of Section 15 of this Agreement.
N. Construction. The parties acknowledge and agree that (0 each party is of equal
bargaining strength, ii each party has actively participated in the drafting, preparation, and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel, and such other professional advisors as such party
have deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Agreement, or any portions thereof, or any
amendments thereto.
25. HOME PROGRAM CONSULTANT PROVISIONS.
A. Program Income CITY and CONSULTANT acknowledge and agree that the
design of PROGRAM does not anticipate the receipt of "Program Income," as defined in 24 CFR
92.2, by the CONSULTANT. Notwithstanding, in the event that any Program Income is received
by the CONSULTANT, CONSULTANT will promptly remit same to the CITY.
HOME Standard TBRA Agreement Page 11 of 19 City of National City
B. Applicability o, f Uniform Administrative Requirements In performing under this
Agreement, the requirements of 2 CFR part 200 apply to the CONSULTANT, except for the
following provisions: §200.306, §200.307, §200.311 (except as provided in 24 CFR 92.257),
§200.312, §200.329, §200.333, and §200.334. The provisions of 2 CFR 200.305 apply as modified
by 24 CFR 92.502(c). If there is a conflict between definitions in 2 CFR 200 and 24 CFR part 92,
the definitions in 24 CFR part 92 govern. While not intended to be all exhaustive list,
CONSULTANT acknowledges that the requirements of 2 CFR 200 include, inter alia, compliance
with:
B. Procurement Standards and procedures consistent with 2 CFR 200.318 through
200.326 related to the procurement of property or services with HOME funds;
.2 Audit The requirement under 2 CFR 200.501 that the CONSULTANT must
obtain a single- or PROGRAM -specific audit if, during any given CONSULTANT fiscal year,
CONSULTANT expends more than $750,000 in federal funds;
B.3 Cost PrinciplesThe cost principles included in 2 CFR 200 Subpart F, including
that any costs charged to HOME be supported by adequate documentation, allocable to the
PROGRAM, necessary, and reasonable.
C. Administrative Funding within the funding limit provided in Section 5,
CONSULTANT may use HOME funds for administrative expenses associated with operating the
PROGRAM Eligible administrative costs include costs associated with activities described in the
general management oversight and coordination requirements at 24 CFR 92.2 a to the extent
that such activities are allowable under this Agreement. These include, but may not be limited to,
costs associated with coordinating and overseeing the PROGRAM; advertising and promoting the
PROGRAM, including affirmatively marketing the PROGRAM pursuant to the requirements of
24 CFR 92. 51; maintaining appropriate PROGRAM records, including financial records, and
submitting progress, financial, and other reporting to the CITY; taking applications, conducting
intake interviews, and otherwise processing applications that do not proceed; and conducting
required unit inspections.
C. I Treatment ofincome Determination and Inspection Costs Pursuant to 24 CFR
92.209 a , the CONSULTANT may also use HOME Program funding for its PROGRAM -specific
soft costs associated with determining the income eligibility and assistance amount for assisted
tenants and completing property inspections ofunits occupied by assisted tenants.
Alternatively, the costs associated with determining the income eligibility and assistance amount
for assisted tenants and completing property inspections of units occupied by assisted tenants, in
whole or to the extent they exceed the limit established herein, may be charged as an administrative
cost, provided that in no case may a single item of cost be charged both as an administrative
expense and as a PROGRAM -related soft cost as provided for herein.
D. Reversion of Assets Upon receipt of the final payment by the CITY under this
Agreement and after payment by the CONSULTANT of any final eligible costs under this
Agreement, the CONSULTANT must transfer to the CITY any remaining HOME funds on hand
and any accounts receivable attributable to the use of HOME funds to the CITY.
HOME Standard TBRA Agreement Page 12 of 19 City of National City
E. Compliance with Other Federal Requirements CONSULTANT must comply
with all applicable federal requirements, including those listed in 24 CFR part 92, Subpart H and
24 CFR part 5, Subpart A, and the nondiscrimination requirements of section 282 of the Act, as
amended. This includes, but is not limited to, compliance with:
E. I Equal Opportunity and Fair Housing In accordance with 24 CFR 92.350 and
92.351, no person shall on the ground of race, color, religion, sex, disability, familial status,
national origin, or age be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any PROGRAM activity funded in whole or in part from HOME funds,
In addition, CONSULTANT T shall develop and operate the PROGRAM in accordance with the
requirement contained in 24 CFR 5.105, including but not limited to the following requirements:
a) The requirements of the Fair Housing Act (42 U.S.C. 3601-19) and
implementing regulations at 24 CFR Part 100; Executive Order 11063, as
amended by Executive Order 12259 3 CFR 1958 B 19 3 Comp., P. 652 and
3 CFR 1980 Comp., P. 307) (Equal Opportunity in Housing) and
implementing regulations at 24 CFR Part 107; and of the Civil Rights Act
of 1964 (42 U.S. C. 2000d) in Federally Assisted
Programs) and implementing regulations issued at 24 CFR Part 1;
b) The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U. S . C. 6101-07) and implementing
Regulations at 24 CFR Part 146,
c) The requirements of Section 504 of the Rehabilitation Act of 1.973 (29
U.S.C. 794) and implementing regulations at 24 CFR Part 8;
d) Section 3 of the Housing and Urban Development Act of 1 (12 U.S.C.
1701 u and implementing regulations at 24 CFR part 13 5;
e) The requirements of Executive Order 11246, as amended by Executive
Orders 11375, 11478, 12086, and 12107 (3 CFR 19 4- 5, Comp., p. 339)
(Equal Employment Opportunity) and the implementing regulations issued
at 41 CFR Chapter 60;
g)
The requirements of 24 CFR 92.351, 2 CFR 200.321, Executive Orders
11625, as amended, and 12432 (concerning Minority Business Enterprise),
and 12138, as amended (concerning Women's Business Enterprise); and
The requirements of 24 CFR 5.105 0(2) requiring that HUD -assisted
housing be made available without regard to actual or perceived sexual
orientation, gender identity, or marital status and prohibiting
CONSULTANTs, owners, developers, or their agents from inquiring about
the sexual orientation or gender identity of an applicant for, or occupant of,
HUD -assisted housing for the purpose of determining eligibility for the
housing or otherwise making such housing available. This prohibition on
inquiries regarding sexual orientation or gender identity does not prohibit
HOME Standard TBRA Agreement Page 13 of .9
City of National City
any individual from voluntarily self -identifying sexual orientation or gender
identity.
. 2 Lobbying Disclosure Requirements In accordance with the requirements of 24
CFR part 87, the CONSULTANT certifies, to the best of its knowledge and belief, that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal aroriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the CONSULTANT
shall complete and submit Standard Forrn-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions;
c) The CONSULTANT shall require that the language of this certification be
included in the award documents for all suba ards at all tiers (including
sub contracts, subgrants, and contracts under grants, loans, and co op erative
agreements) and that all such lower -tier parties shall certify and disclose
accordingly; and
d) CONSULTANT acknowledges that this certification is a material
representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S.
Code, Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
E.E.3 Drug -Free Workplace Drug -Free Workplace Recipients and subrecipients
receiving funds from HUD are subject to 2 CFR Part 2429, which implements the Drug -Free
Workplace Act of 1 (41 U.S.C. 701, et seq.), as amended, and required to provide a drug -free
workplace.
E.4 Debarred or Suspended Entities By signing this Agreement, CONSULTANT
T
certifies that it is not presently listed by any federal agency as debarred, suspended, or proposed
for debarment from any federal contract activity. If during the term of this Agreement this
information changes, CONSULTANT shall notify CITY without delay. Such notice shall contain
all relevant particulars of any debarment, suspension, or proposed debarment. Further, in carrying
HOME S tand .rd TB A, Agreement Page 14 of 19 City of National City
out its responsibilities hereunder, CONSULTANT will not employ, contract with, or otherwise
make use of subcontractors, service providers, consultants, or any other party that is debarred,
suspended, or proposed for debarment from any federal contract activity.
E.5 Environmental Review While the CITY is responsible for environmental
reviews and determinations under this Agreement, CONSULTANT will cooperate and assist in
documenting the environmental status of each assisted unit, including but not limited to the initial
preparation of an Environmental Review for PROGRAM that is Exempt or Categorically Excluded
Not Subject to Section 58.5 checklist. In no case will CONSULTANT execute a Rental Assistance
Contract with respect to a specific unit to be assisted without notification from the CITY that the
PROGRAM is either exempt from environmental review or that needed reviews have been
completed,
E. 6 Lead Based Paint CONSULTANT T will ensure that all assisted units in
properties which were originally constructed prior to 1978 pass a visual assessment pursuant to
the requirements of 24 CFR 35.
E.7 Conflict f n es Pursuant to 24 CFR 92.356, no employee, agent, consultant,
officer, or elected official or appointed official of the CITY or the CONSULTANT, individually
known as a "Covered Person," that exercises or has exercised any functions or responsibilities with
respect to HOME -assisted activities, or who are in a position to participate in a decision -making
process or gain inside information with regard to HOME -assisted activities, is eligible to receive
HOME assistance under the PROGRAM or to have a financial interest or financial benefit in any
contract, subcontract, or other agreement with respect to the HOME -funded activities
contemplated in this Agreement, or the proceeds from such activities. This provision shall apply
to both Covered Persons and those with whom they have business or immediate family ties, during
their tenure with the CITY or CONSULTANT or for one year thereafter. Immediate family ties
include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child
(including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent,
grandchild, and in-laws of a Covered Person. In the event a Covered Person, or a person with
whom the Covered Person has business or family ties, is otherwise eligible and applies to the
PROGRAM, CONSULTANT will immediately notify the CITY. CITY, in its sole discretion, may
pursue an exception from HUD under the provisions of 24 CFR 2. d to allow participation
notwithstanding the conflict of interest. Only HUD may e rant such an ere- s Lion; neither the CITY
nor the CONSULTANT may grant such an exception on its own. Moreover, the CITY and
CONSULTANT shall comply with the conflict of interest requirements in 2 CFR 200.317 and 2
CFR 200.318 in the procurement of property and services,
.8 Consultant Activities CONSULTANT will comply with the reasonable rate of
compensation requirements in accordance with 24 CFR 92.358.
.9 Faith -based organizations Faith -based organizations are eligible to participate
in the HOME Program on the same basis as any other organization but must comply with the
requirements of 24 CFR 5.109.
F. VAWA R gulao .s The CITY and CONSULTANT both acknowledge and agree
that each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L, which
HOME Standard TBRA Agreement Page 15 of 9 City of National City
implements provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA).
CONSULTANT SULTAI T also agrees to follow and implement the applicable VAWA requirements
contained in the CITY' s PROGRAM Guidelines and the CITY' s Emergency Transfer plan, as
required by 24 CFR 92. 9 , for all applicants to the PROGRAM, and all TBRA recipients for
the period that tenant based rental assistance is provided. Moreover, the CONSULTANT agrees
that all leases that are approved by the CONSULTANT shall contain the CITY's required VAWA
lease term/addendum, as described in 24 CFR 92. 9 e and the CITY's PROGRAM Guidelines.
G. Recordkeeping CONSULTANT shall maintain detailed records of all its
activities under this Agreement, including records on all persons served pursuant to this
Agreement, records required by the April 2020 TBRA Memo, and all required PROGRAM records
applicable to TBRA assistance that are described in 24 CFR 92.508. Representatives of the CITY,
HUD (including HUD's Office of Inspector General), the Comptroller General of thUnited States
(aka the U.S. Government Accountability Office or "GAO"), or their designees may examine any
records or information accumulated pursuant to this Agreement. All confidential information shall
be treated as such by all aforementioned CITY, HUD, or GAO representatives or designees.
CONSULTANT will maintain administrative and financial records as required by 24 CFR 92.508,
applicable to the activities to be carried out under this Agreement, including but not necessarily
limited to:
G. General Administrative and Financial Records
a) Infoimation about contractors, vendors, and other service providers to include,
but not necessarily be limited to, verification of non -debarment and suspension,
verification of qualifications and experience, legally binding contracts and
agreements, invoices and payment records, and related correspondence (see 24
CFR Part 24 and 2 CFR part 2424);
b) Financial information including, but not necessarily limited to, audits and
related correspondence, accounting and financial records, indirect cost
analyses, and internal controls and reconciliations;
c) Financial records identifying the source and use of funds for each person
assisted under the PROGRAM pursuant to this Agreement, as well as well as
underlying documentation e.g. timesheet records, invoices/receipts, proof of
payment, etc.) for all costs charged to HOME;
d) Records demonstrating compliance with the Uniform Administrative
Requirements of 2 CFR 200, as applicable;
G.2 TBRA Recipient Records TBRA recipient records in accordance with 24 CFR
92. 0 a that demonstrate that each HOME -assisted tenant met the requirements of the HOME
Program, including but not limited to:
a) Full descriptions of each tenant or family assisted with PROGRAM funds,
including the location (address of each unit) and the form of TBRA assistance
e.g., rental assistance, utility assistance, etc.);
HOME Standard TERA Agreement Page 16 of 19 City of National City
b) The source and application of funds for each TBRA recipient, including
supporting documentation in accordance with 2 CFR 200. 2; and records to
document the eligibility and permissibility of the TBRA recipient's costs;
c) Records, consistent with the PROGRAM Guidelines, demonstrating that each
TBRA-assisted unit meets the PROGRAM's property standards;
d) Records demonstrating that each assisted tenant or family is income eligible in
accordance with 24 CFR 92.203;
e) Copies of all Rental Assistance Contracts between the CONSULTANT and
TBRA recipients and their property owners.
G.3 Records of Other Federal 1?equirements Other records that include
documentation of compliance with other federal requirements in accordance with 24 CFR 92.508
that includes the following requirements to the extent applicable to the PROGRAM:
a) Documentation of CONSULTANT's T's efforts to affirmatively irmativel further fair
housing, including both marketing efforts and records on the extent to which
each racial and ethnic group and single -headed households (by gender of
household head) applied for, participated in, or benefited from the PROGRAM;
b) Records concerning lead -based paint in accordance with 24 CFR Part 35;
c Records related to compliance with the VAWA provisions of 24 CFR 92.359,
including but not limited to evidence proper notices were provided to applicants
and TBRA recipients and summaries of requests for VAWA protections and
actions taken; and
d) Records supporting any requests for exceptions to the conflict of interest
provisions in accordance with 24 CFR 92.356.
e Records required by the April 2020 TBRA Memo for the waivers and
suspensions used by the PROGRAM.
H. Reporting Requirements The CONSULTANT agrees to submit any and all
reports required by the CITY or HUD within 30 days of the CITY or HUD's request. The
CONSULTANT T will provide updates on PROGRAM implementation to the CITY on a quarterly
basis. Using forms provided by the CITY, such reports may be submitted either in hard -copy or
electronically, and will include information on the marketing and startup of the PROGRAM,
number of applications received, challenges or concerns about implementation, and estimates of
the timing of upcoming commitments and expenditures of HOME funds.
I. Remedies In the event of default by CONSULTANT hereunder, which is not
cured within 10 days of the mailing of written notice by the CITY as described in Section 5.4, the
CITY may seek any combination of the following remedies:
HOME Standard TBRA Agreement Page 17 of 19 City of National City
a) Suspend payments under this Agreement pending the correction of a default or
deficiency;
b) Disallow part or all of any of the PROGRAM or cost hereunder which is not in
compliance with this Agreement, the PROGRAM Guidelines, applicable
federal requirements, or HOME regulations;
c) Suspend, in whole or part, this Agreement pending correction; or, following
any cure period provided by the CITY, terminate this Agreement for cause as
provided in 2 CFR Zoo, ;
d) Recommend to HUD that it initiate suspension or debarment proceedings as
authorized under 2 CFR Part 180;
e) Take any other action available under 2 CFR Zoo. 3 ;
Require the repayment of previously disbursed HOME funds for questioned
costs;
g) Require CONSULTANT to participate in training or technical assistance; and
h) Make use of any other remedies that may be legally available to the CITY.
J. Fees to TBRA Recipients Prohibited CONSULTANT is prohibited from
charging application or other fees for the purpose of covering costs of administering the
PROGRAM.
K. Amendments This Agreement may be modified or amended only if the
amendment is made in writing and is signed by both parties. Notwithstanding, in the event that (i)
HUD imposes new or modified requirements in the HOME Program through regulation,
administrative notice, publication, or other notice, or (ii) HUD specifically identifies violations of
HOME Program requirements pertaining to this Agreement or the PROGRAM undertaken
hereunder, CONSULTANT agrees to comply with any new or modified requirements to ensure
this Agreement and the activities hereunder remain in or are brought into compliance with such
requirements. The CITY shall provide prompt notice to the CONSULTANT of any such
modifications. CONSULTANT further agrees to execute an amendment to modify the terms of
this Agreement in such manner as necessary to formally reflect and implement new HOME
requirements or correct identified deficiencies.
L. Interpretafion This Agreement is the sole agreement between the two parties,
and no prior or subsequent discussions, negotiations, or agreements, whether verbally or in writing,
shall be merged with this Agreement. Any question or dispute regarding the interpretation of the
terms of this Agreement shall be decided by the CITY. The CITr's decision on any dispute under
this Agreement, which shall be furnished in a manner of their choosing, shall be final and binding.
In the event of a conflict between this Agreement, the PROGRAM Guidelines, and/or other
regulatory requirements, the regulatory requirements control and the CITY reserves the right to
resolve the conflict and determine the CONSULTANT's compliance with such provisions.
HOME Standard TBRA Agreement Page 18 of 19 City of National City
Mileadings & Pronouns The headings in this Agreement are for convenience only
and do not affect the meanings or interpretation of the contents. Where appropriate, all personal
pronouns used herein, whether used in the masculine, feminine, or neutral gender, shall include all
other genders, and singular nouns used herein shall include the plural and vice versa.
N. Severability If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
Ifa court finds that any provision ofthis Agreement is invalid or unenforceable, butthat by limiting
such provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first above written.
+ITY OF NATIONAL CITY
By:
Armando Vergara, Interim City Manager
Date:
APPROVED AS TO FORM:
By:
Barry J. Schultz, City Attorney
SBCS Corporation
(Corporation - s n tur-es of two corporate officers requir
(Parit r.> or Sole proprietorship - one sign titre)
By:
B
one)
_Kathryn Lembo
(Print)
President & CEO
(Title)
�l 7\CL\
ismena e ia- `aldez
(Print)
_VP of Business Operations
(Title)
rl I S/ azog3
(Dare)
HOME Standard TBRA Agreement Page 19 f 19 City of National City
M.loadings & Pronouns The headings in this Agreement are for convenience only
and do not affect the meanings or interpretation of the contents. Where appropriate, all personal
pronouns used herein, whether used in the masculine, feminine, or neutral gender, shall include all
other genders, and singular nouns used herein shall include the plural and vice versa.
N. Severability If any provision of this Ageement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first above written.
CITY OF NTIOL CITY
By:
Scott Hh, Acting City Manager
Date: 7ftbJ3
APPROVED AS TO FORM:
By:
Barry Schutt
Attorney
SS Corporation
(Coporcztiaz7 — signatures of two corporate ofeer:s required)
(Partnership or Sok proprietorship - onesignature)
By:
(1Varne)
(Print)
(Title)
(Date)
By:
(Name)
(Print)
(Title)
(Date)
HOME Standard TBRA Agreement Page 19 of 19
City of National City
EXHIBIT "A"
SCOPE OF WORK
TENANT BASED RENTAL ASSISTANCE PROGRAM
1. INTRODUCTION
1.1 The City of National City ("CITY") appropriated $400,600.00 in the
Fiscal Year 202 - 024 to SBCS Corporation (the "CONSULTANT") for a
Tenant -Based Rental Assistance Program ("PROGRAM")
1.2 The CITY determined that the CONSULTANT has the experience,
adequate staff capacity, and ability to deliver the PROGRAM I in a professional
and timely manner, and the CONSULTANT is willing to perform such services.
1.3 The CONSULTANT will develop, implement, and administer the
PROGRAM in accordance with the requirements of the U.S. Department of
Housing and Urban Development ("HUD") HOME Investment Partnerships
Program ("HOME" or "HOME Program").
1.4 The CONSULTANT may begin the PROGRAM on the date listed blow.
The PROGRAM funds should be expended within thirty (30) months of the
execution date.
PROGRAM Agreement dated: day of %11/4110
Funds expended by rn nths : ` da of
20
,20
2. PROGRAM DESCRIPTION
2.1 The PROGRAM will assist at least eleven (11) low- and very low-income
National City households and will target those experiencing homelessness,
housing insecure households/at risk of homelessness, and those households
experiencing domestic violence with a combination of rental assistance and
intensive case management.
2.2 Refer to 24 CFR § 92 and 24 CFR § 92.209 for HOME Tenant -Based
Rental Assistance Program regulations.
2.3 Refer to the City of National City's Program Manual for definitions,
procedures, eligibility, housing quality standards, parameters of assistance,
property and occupancy standards, and the calculating the rental subsidy.
2.4 The PROGRAM will include a combination of rental assistance, intensive
case management, and supportive services to assist qualifying households attain
safe, stable housing and economic self-sufficiency.
2.5 The geographical area to be served by the PROGRAM is all of National
City and surrounding areas within the County of San Diego.
2. All services performed under the Agreement are subject to review and
approval by the CITY and HUD.
EXHIBIT "A"
SCOPE OF WORK
TENANT BASED RENTAL ASSISTANCE PROGRAM
3. MARKETING AND OUTREACH ACTIVITIES
.1 CONSULTANT' s marketing approach must address:
• how the availability of the PROGRAM will be announced;
• where applications will be taken and or received;
• when applications will be accepted;
• the method for taking applications; and,
• in order to ensure fair housing objectives, what special outreach
activities will ensure that households "lease likely to apply" will be
informed about the TBRA.
. PROGRAM A MINISTRATION & REPORTING
4.1 HUD HOME TBRA permits assistance to households with incomes of up
to 80% area median income (AMI), the CONSULTANT shall only be able to
serve up to 10% of households with incomes between 60% and 80% AMI,
adjusted for household size.
4.2 At least 90% of the households assisted by this HUD HOME TBRA must
have household incomes at or below 60% AMI, adjusted for household size.
4.3 CONSULTANT shall maintain ongoing records to verify compliance with
this requirement. Documentation verifying compliance with this requirement shall
be provided to CITY using the HUD `Tenant Based Rental Assistance Set Up
Form HOME Program" found on the HUD Exchange website
www.hudexchangeinfo. An Excel sheet of the data may be used in lieu of the
form if it captures the same data. Additional information on households may be
requested by the City to populate HUD's Integrated Disbursement and
Information System I IS ,
4.4 The TBRA SET UP FORM reports shall be submitted on a quarterly until
the funds are fully expended or until the expenditure deadline, whichever comes
first, and by the reporting dates listed below.
Quarterly Reporting Periods
Report Due Date
Quarter 1: July 1 to September 30
October 15
Quarter 2: October 1 to December 31
January 15
quarter : January 1 to 11Ire 1
April 15
burr 4: April 1 June
July 15
4.4.1 If the reporting date falls on a Friday, Saturday or Sunday then the report
is due the following Monday.
4.5 Failure to submit quarterly reports by the due date will result in
withholding of HOME funds until the report has been submitted. Requests for
extensions may be granted upon request to:
EXHIBIT "A"
SCOPE OF WORK
TENANT BASED RENTAL ASSISTANCE PROGRAM
Housing Programs Manager
National City Housing Authority
City of National City
1243 National City Boulevard
National City, CA 91950-4397
5. QUARTERLY REIMBURSEMENT REQUEST
5.1 CONSULTANT shall submit to the CITY a quarterly reimbursement
requests until the funds are fully expended or until the expenditure deadline,
whichever comes first, and by the reporting dates listed below.
Quarterly Reimbursement Periods
Reimbursement Request Due Date
Quarter 1: July 1 to September 30
October 15
Quarter 2: October 1 to December 31
January 15
Quarter 3: January 1 to March 31
April 15
Quarter 4: April 1 to June 30
, July 15
5,2 Reimbursement requests shall include a cover letter, itemized accounting,
of the expenditures for the PROGRAM and use of HOME funds, and source
documentation to show actual expenditures e.g. tlr osheets, paid invoices,
checks, leases, etc).
6. BUDGET:
Budget
Categories
I
Sources of Funds (please specify)
Total
Project
Cost
HOME Funds
Other Federal:
I
Other
,teal:
PrivateSources:
Amount
Situ
mount
Statu
mount
Status
Amount
Status*
Personnel
$97,35 5, 0
$97,355,00
Personnel
Benefits
$28,886.00
in
$28,886.00
Rental
Assistance
$5,57,0
Indirect
$15,7 1. 0
S15,781,00
Totals:
$400,600.00 MI
$ , 00
$0. 00
:.
x..................
$ 0 .
r:......... ....;.--
$4 0 .00
EXHIBIT "A"
SCOPE OF WORK
TENANT BASED RENTAL ASSISTANCE PROGRAM
Employee Name
Positions Title
Percentage of
job time theHOME
position spends
on the program
Funded
Other Funds
Total Salary Amount
Geri Schroeder /
Program Director
5%
$1 ,431.00
$111, 876.00
$1 4,307.00
Adiel Hernandez/
Program
Coordinator
20%
$ 9,19 ,00
$43 786.00
$72 978.00
Aramiz Jacb
Family
Development
Associate
50%
243.00
$0.00
$50,43.00
Leslie Flores /
Contract
Compliance
5%
S5489.00
$4940 .00
$54, 91.00
TOTALS:
$97,355.00
$ 05,0 4.00
$30 ,419,00
Exhibit t'B"t
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED
HOME permits participating jurisdictions PJs to create flexible
programs that provide assistance to individual households to enable
them to rent market -rate units. These programs are known as
"tenant -based rental assistance," or TBRA. This chapter highlights
eligible TBRA households and units, eligible types and levels of
subsidy, options for establishing a TBRA program, and key issues for
design and administration of a TBRA program.
NOTES
PART I: HOME PROGRAM
REQUIREMENTS
WHAT IS TENANT -BASED RENTAL
ASSISTANCE?
• Tenant -based rental assistance (TBRA) is a rental subsidy that
Pis can use to help individual households afford housing costs
such as rent and security deposits. Ps may also assist tenants
with utility deposits but only when HOME is also used for rental
assistance or security deposits.
• Types: There are many types of TBRA programs.
The most common type provides payments to make up the
difference between the amount a household can afford to
pay for housing and local rent standards.
1 The Section 8 Voucher Program is an example of a
typical TBRA program.
Other TBRA programs help tenants pay for costs associated
with their housing, such as security and utility deposits.
(However, under the HOME Program, utility deposit
assistance can only be provided in conjunction with rental
assistance programs or security deposit programs.)
• How TBRA differs: HOME TBRA programs differ from other
types of HOME rental housing activities in three key ways:
Building HOME
U.S. Department of Housing and Urban Development
Page 7-1
March 2008
Exhibit ''B'r
HUD1s Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL T L ASSISTANCE
NOTES
• TBRA programs help individual households (rather than
subsidizing particular rental projects).
• TBRA assistance moves with the tenant if the household
no longer wishes to rent a particular unit, the household may
take its TBRA and move to another rental property.
• The level of TBRA subsidy varies -- the level of subsidy is
based upon the income of the household, the particular unit
the household selects, and the PJ's rent standard (rather
than being tied to the PJ's high and low HOME rents).
WHY CREATE A TBRA PROGRAM?
• Ns have developed TBRA programs for a wide variety of
reasons to serve a wide range of functions.
• Some of the most common advantages of establishing a TBRA
program are noted below.
Flexibility for Households
• TBRA programs offer a household the opportunity to choose its
neighborhood (including the school district) as well as its type of
housing (such as a single-family home, large apartment
building, duplex, garden -style unit, etc.).
• if the household needs to change location, the household may
take the TBRA assistance along when it moves to another rental
unit.
• At the discretion of the PJ, the TBRA may be used outside of
the PJ's jurisdiction,
Flexibility for Ns
• TBRA programs offer jurisdictions a way to meet fluctuating
demand for housing. A PJ may elect to provide TBRA
assistance to as many or as few households as it chooses,
subject to its HOME budget and consistent with its Consolidated
Plan.
• Also, F'Js may design specialized TBRA programs tailored to
the distinctive housing needs of the community. This includes
programs designed specifically for persons with special needs.
Building HOME
J.S. Department of Housing and Urban Development
Page 7-2
March 2008
Exhibit "B'
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
Cost -Effectiveness
• In communities where large public subsidies are needed to spur
the new construction or rehabilitation of units, TBRA may be
less expensive than using HOME for rehabilitation or new
construction.
• TBRA may be particularly effective in communities with high
vacancy rates, where the PJ wants to make units affordable, but
does not want to finance the development of additional units.
Risk Avoidance
• Financing the construction or rehabilitation of housing is
inherently risky. Owners and developers can (and sometimes
do) default on their financing, sending projects into foreclosure
and putting at risk the PJ's investment.
• Since TBRA programs are tenant -based, the PJ can terminate
the assistance if the tenant fails to meet program requirements.
• TBRA poses no long-term financial obligation to the PI
Re!pcatinandP.ispIacemiit Assistance
• PJsmay use TBRA to
assist households
displaced by HOME
projects, facilitating the
rehabilitation of occupied
units.
IOne Exception: Relocation Assistance
PJs are not allowed to require households
who receive TBRA as relocation
assistance to participate in self-sufficiency
programs,
ELIGIBLE ACTIVITIES
Rental Assistance Programs
• The HOME rules are flexible regarding the types of TBRA
programs that may be developed by PJs.
• HOME TBRA programs may be designed to serve the
general objective of making housing more affordable for a
wide range of low-income households within the jurisdiction.
• PJs may want to create a TBRA program that serves the
entire community in response to a high level of rent burden
and/or a long Section 8 waiting list.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-3 March 2008
Exhibit "B°'
H['s Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
Alternately, TBRA programs may focus on a special purpose
or specific housing need. Options for special purpose
programs are also described below.
• Self-sufficiency programs: PJs may require HOME TBRA
recipients to participate in self-sufficiency programs as a
condition of rental assistance.
• For example, the PJ may operate a "bootstrap program" that
provides TBRA to low-income persons who are attending job
training,
• Homebuyer programs: HOME TBRA may assist a tenant who
has been identified as a potential low-income homebuyer under
a lease -purchase program. The PJ may provide HOME TBRA
to these homebuyers until the purchase is completed.
• The HOME TBRA payment must be used for monthly rental
and/or utility expenses. This means that HOME -funded
TBRA may not be used to create equity in the unit on behalf
of the homebuyer. However, all or a portion of payments
made by the homebuyer may be used to build such equity.
• When the homebuyer is ready to purchase the unit, HOME
funds may also be used for downpayment assistance.
Targeted populations programs: The PJ may establish local
preferences for special -needs groups within its broad,
community -wide program, or it may design a specific program
that exclusively serves one or more special needs groups.
• Examples of such special needs groups may include:
1 Homeless persons;
1 Persons with disabilities; or
Persons with AIDS.
• If TBRA is provided exclusively to persons with a particular
type of special need, the need must be identified in the Pis
Consolidated Plan as an unmet need and the preference
must be needed to fill the gap in benefits and services
available to such persons.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-4
March 2008
Exhibit "BH
HUD"s Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
Anti -
displacement
assistance
programs: TBRA
may be used to
minimize
displacement associated with HOME -funded activities.
i
Tenants Avoiding Displacement
Tenants who receive HOME TBRA to avoid
displacement from a HOME -funded project
may remain in the project or move to another
suitable unit, taking the TBRA with them.
Security Deposit, priaggiaim
The RI may establish a program that limits assistance to help
tenants with security deposits.
• The term "security deposit" is defined by the local or state
tenant -landlord law covering the jurisdiction.
• The maximum amount of HOME funds that may be provided
for the security
deposit is the Utility Deposit Assistance
equivalent of two
months' rent for
the unit.
➢ Only the tenant
(not the landlord)
may apply for
security deposit
assistance.
Utility deposit assistance must be provided in
conjunction with a TBiA security deposit or
monthly assistance program, In addition,
utility deposit assistance may be used only
for utilities permitted under the Section
utility allowance. This includes electric, gas,
water and trash, but does not include
telephone and cable television.
• The lease between the landlord and tenant may not contain
certain prohibited lease provisions (see "Lease
Requirements" later in this chapter) and must be in effect for
at least one year.
• The security deposit may be paid to the tenant or directly to
the landlord.
• The security deposit may be made as a grant or a loan. If
the deposit is a loan, the terms of that loan, including
provisions for repayment, should be set out in a written
agreement between the PJ and the tenant.
If eai li le Program Activities
Despite the flexibility the HOME Program provides for TBRA,
there are a number of program activities that are ineligible for
HOME TBRA assistance.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL SSIST ► CE
NOTES
TBRA may not be used to assist a resident owner of a
cooperative or mutual housing unit when that resident is
recognized by state law as a homeowner.
However, under the provisions of some cooperative or
mutual housing agreements, the units are considered
rental housing under state law. The residents of this
rental housing may receive TBRA.
V Under any circumstance, a tenant who rents from an
owner of a cooperative or mutual housing unit may
receive HOME TBRA.
HOME TBRA may not be used to prevent the displacement
of tenants from projects assisted with Rental Rehabilitation
Program funds.
Ptis may not provide HOME TBRA to homeless persons for
overnight or temporary shelter.
HOME TBRA may not duplicate existing rental assistance
programs that already reduce the tenant's rent payment to
30 percent of income. For example, if the household is
already receiving assistance under the Section 8 Program,
the household may not also receive assistance under a
HOME TBRA program.
ELIGIBLE APPLICANTSIBENEFICIARIES
Income Eligibility Requirements
♦ Key rules: There are two key rules regarding eligible income of
households under a HOME TBRA program:
Low-income: HOME TBRA is limited to tenants who are at or
below the HUD low-income limit. The low-income limit is
defined as 80 percent or below of area median income.
HUD establishes and periodically publishes this income limit
by family size for each jurisdiction.
Funding allocation: For each fiscal year allocation, at least
90 percent of the families assisted through HOME TBRA
and the households occupying assisted units in HOME
rental developments (taken together) must be at or below 60
percent of area median income. This means that although
the program permits assistance to households with incomes
of up to 80 percent of median, the PJ will only be able to
serve a limited number of households whose incomes are
between 60 percent and 80 percent of median.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-
March 008
Exhibit'!B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL T L SSIST f CE
NOTES
• Timing: The PJ needs to assure that the applicant is income -
eligible prior to signing a contract for TBRA for the household.
• Family income: For initial eligibility purposes, family income
under HOME -funded TBRA programs may be calculated using
one of the three definitions of annual income. (See Chapter 2:
General Program Rules for information on the three definitions.)
The Program Administrator must determine annual income
by reviewing source documents evidencing annual income
(for example, wage statement, interest statement,
unemployment compensation) for the family.
1 Income determinations for new TBRA recipients are
valid for six months.
1 Eligibility criteria must be met regardless of the type of
TBRA program operated by the PJ (for example, anti -
displacement, security deposit, special needs, etc.).
TENANT SELECTION REQUIREMENTS
overview
• PJs administering HOME -funded TBRA programs must have
written tenant selection policy that clearly specifies how families
will be selected for participation in their programs. There are
two major components of tenant selection -- income eligibility
and preferences. Both are discussed below.
Income eligibility: As discussed previously in this chapter,
households who receive HOME -funded TBRA must have an
annual income that does not exceed 80 percent of the area
median income.
Preferences: Pis can use HOME -funded TBRA programs
to support a variety of local goals and initiatives. In fact, with
the repeal of the Federal preferences in the 1999
Appropriations Act, P.Js have more discretion than ever
concerning tenant selection in their TBRA programs.
Preferences are discussed in more detail below.
Establishing Preferences
General community -wide program: A community -wide
program can address the general need for affordable housing
by giving more "buying power" to eligible low-income
households. Within a community -wide program, the PJ may
elect to:
Building HOME
U.S. Department of Housing and Urban Development
Page 7-7
March 2008
Exhibit f"B'T
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL T L ASSISTANCE
NOTES
• Select households from the public housing authority's (PHA)
Section 8 waiting list, using the PHA preference criteria; or
• Establish its own preferences and waiting list (see below).
Community -wide programs with preferences: Through the
use of local preferences, PJs can target funds to meet specific
needs or serve specific purposes.
• Residency preference: The PJ may opt to establish
residency preference as part of its community -wide program.
A residency preference requires TBRA participants to be
residents of the PJ.
PJs may establish a residency preference as long as
the application of the preference does not have the
effect of discriminating on the basis of race, color,
religion, sex, national origin, handicap or familial status.
The PJs definition of "resident" must include persons
who currently reside in the jurisdiction, and those who
are currently working or have a bonafide job offer in the
jurisdiction.
PJs may not establish a requirement for minimum
length of residency.
• Disabilities bilities preference: PJs may establish local preferences
for all persons with disabilities within a broad, community -
wide TBRA program. A PJ may also target its TBRA
program to persons with a particular type of disability (see
below) .
• Self-sufficiency program.: As discussed earlier in this
chapter, PJs may require HOME TBRA recipients to
participate in self-sufficiency programs as a condition of
assistance. However, tenants living in a HOME -assisted
project who receive TBRA as relocation assistance may not
be required to participate in self-sufficiency programs.
• Targeted programs: As discussed previously in this chapter,
PJs are permitted to design local selection criteria that meet the
housing needs of specific populations. Below are several
examples of targeted TBRA programs.
• Preferences for persons with disabilities: PJs may establish
a preference for individuals with mental or physical
disabilities.
Building HOME
Q.J.S. Department of Housing and Urban Development
Page 7-8
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER TEI 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
Generally, TBRA and related services should be made
available to all persons with disabilities that can benefit
from such services (see above) .
PJs may also provide a preference for a specific
category of individuals with disabilities (for example,
persons with AIDS or chronic mental illness) if the
specific category is identified in the PJ's Consolidated
Plan as having unmet needs, and if the preference is
needed to narrow the gap in benefits and services
received by such persons.
Preferences may riot be administered in a manner that
limits the opportunities of persons in a protected class.
For example, a person given a preference under the
TBRA program may not be prohibited from applying for
or participating in other available programs or forms of
assistance.
Preferences for persons with other special needs: PJs may
establish a preference for individuals with special needs.
TBRA may be provided exclusively to persons with a
particular type of special need, if the specific category of
need is identified in the PJ's Consolidated Plan as
having unmet need and the preferences is necessary to
bridge the gap in benefits and services received by
such persons. Examples include the elderly and
battered spouses.
As with a general TBRA program, appropriate, non -
mandatory social services may be provided in
conjunction with the TB.
As stated previously, PJs may require HOME TBRA
recipients to participate in self-sufficiency programs as a
condition of assistance. However, tenants living in a
HOME -assisted project who receive TBRA as relocation
assistance may not be required to participate in self-
sufficiency programs.
ELIGIBLE TBRA UNITS
The HOME TBRA program offers households great flexibility in
selecting a housing unit. Households must be free to select the
unitftheirhie.
Public or private.: Units under the TBRA program may be
publicly- or privately -owned.
Building HOME
U.S. Department of Housing and Urban Development
Page -9
Marh 2008
Exhibit 'tB"
HUD"s Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL T L ASSISTANCE
• Rents must b reasonable: PJs must disapprove a lease if
the PJ determines the rent is not reasonable, based on rents
that are charged for comparable unassisted rental units.
• HOME -funded units are OK: Households may select units
developed or rehabilitated with HOME assistance.
However, the PJ may not require the household to select
HOME unit as a condition of receiving TBRA.
In addition, PJs may not require TBRA-assisted
households to remain in units developed/rehabilitated
under HOME. Households must be permitted to move
out at the end of the lease term, taking their TBRA
assistance with them.
• Portability is anptin: PJs may require eligible TBRA
participants to use their TBRA assistance in units within the
jurisdiction, or permit TBRA assistance to be used to rent
units in other jurisdictions.
PROPERTY AND OCCUPANCY
STANDARDS
Section 8 HQS
• Although the Final Rule permits flexibility with regard to the
property standards used for HOME -assisted acquisition and
development projects, the Section 8 Housing Quality Standards
(HQS) must be used for HOME TBRA activities.
PJs may request waivers from HUD to permit H S
variations for local climatic or geologic conditions, or to
create consistency with local codes.
Inspections to verify compliance with HQS and occupancy
standards are made both at initial more -in and annually
during the term of the TBRA assistance.
Occupancy Standards
• Program administrators must
develop local occupancy
standards that specify the
number of bedrooms needed
by households of various
sizes and composition.
Further guidance on HUD
occupancy standards can be
found in a Federal Register Notice
from December 1998 (FR-4405-N-
01 dated 1 -18- ),
NOTES
Building HOME
U.S. Department of Housing and Urban Development
Page 7-10
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ►SSIST ►NCE
NOTES
• Eligible unit size: The occupancy standards are used to
provide consistent criteria for determining the unit size for which
the household is eligible.
• When the household is selected for the HOME TBRA
program, the PJ should counsel the household about the
unit size for which the household is eligible.
If the household will be permitted to select a unit that is
larger or smaller than the eligible unit size, the PJ
should explain the impact of this choice on the tenant's
payment.
The PJ may refer the household to appropriate units,
but may not require the household to select the referral
unit.
Lease Requirements
• Term: The term of the lease between the tenant and the owner
must be at least one year, unless both agree otherwise.
• What the lease may not say: The lease may not contain the
following provisions:
• Agreement by the tenant to be sued or to admit guilt, or a
judgment in favor of the owner in a lawsuit brought in
connection with the lease;
• Agreement by the tenant that the owner may take, hold or
sell the personal property of household members without
notice to the tenant and a court decision on the rights of the
parties (this does not apply to personal property left by the
tenant after move -out);
• Agreement by the tenant not to hold the owner or its agents
legally responsible for any action or failure to act, whether
intentional or negligent;
• Agreement by the tenant that the owner may institute a
lawsuit without notice to the tenant;
• Agreement that the owner may evict the tenant (or other
household members) without a civil court proceeding where
the tenant has the right to present a defense, or before a
court decision on the rights of the tenant and the owner;
Building HOME
U.S. Department of Housing and Urban Development
Page 7-11
March 2008
Exhibit "B"
H D's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
Agreement by the tenant to waive a trial by jury;
Agreement by the tenant to waive the tenant's right to
appeal or otherwise challenge a court decision; or
Agreement by the tenant to pay attorney fees or other legal
costs, even if the tenant wins in court.
• Termination: The PJ
must establish Notice of Termination
standards for when a The requirement for 30 days' notice of
landlord may elect to refusal to renew or termination of tenanc
terminate or refuse to : that is required of HOME -funded rental
renew the lease of I
projects does not apply to TBRA.
TBRA household. These standards must be in writing. They
must also be included within the lease and/or in the contract
between the PJ and the tenant.
PARAMETERS OF ASSISTANCE
• PJs are given significant flexibility in modeling the local method
of providing TBRA assistance.
• However, HOME program rules do impose some basic
parameters on the level of household and PJ payment, and the
length of time for a single TBRA contract with a household.
• In addition, the HOME program requires that the PJ establish
certain standards for the cost of the unit.
Minimum and Maximum Pa nt
• The HOME program rules establish a maximum TBRA
assistance payment and require the PJ to establish a minimum
tenant payment.
➢ Minimum tenant payment; The PJ may use its discretion in
setting this minimum payment level. The minimum payment
may be established at a dollar figure (such as $50) or at a
percentage of income (such as 10 percent of monthly
income).
Maximum TBRA payment: The maximum amount that the
HOME TBRA program may pay to assist any given
household is the difference between 30 percent of the
households adjusted monthly income (see Chapter 2:
General Program Rules for more information about income
definitions) and a jurisdictionwide rent limit established by
the PJ (known as the payment (rent) standard).
Building HOME
Q.J.S. Department of Housing and Urban Development
Page 7-12
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7. TENANT -BASED RENTAL ASSISTANCE
NOTES
L en. th of TBRA Assistance
• HOME TBRA rental assistance contracts with individual
households may not exceed two years. Contracts can be
renewed, subject to availability of HOME funds.
• The two-year period begins on the first day of the lease and will
end upon termination of the lease (if the TBRA payment is made
directly to the landlord).
• Rental assistance contracts may be shorter than two years. For
example, if TBRA is used in conjunction with a self-sufficiency
program, a FJ may want to have a shorter contract term of 18
months.
• In circumstances where the payment is made directly to the
tenant, the TBRA payment ends when a lease is terminated.
However, payments can begin again once the household enters
into a new lease.
Program Models
• Within the broad HOME Program parameters, PJs are free to
design their own individual TBRA program models. Many
jurisdictions have elected to model their TBRA program models
on either the Section 8 Certificate or the Section 8 Voucher
programs. Other PJs have developed unique program designs
based upon the special needs of their communities.
• Section 8 Certificate Program model: Under a TBRA
program modeled after the Section 8 Certificate Program,
(which was recently combined with the Section 8 Voucher
program), tenants pay 30 percent of their monthly adjusted
income toward rent. The TBRA assistance then makes up the
gap between the tenant's payment and the actual rent plus
utilities for the tenant's unit.
➢ The rent and utilities of the unit selected by the household
may not exceed the PJ's payment (rent) standard.
• Section 8 Voucher Program model: Under a TBRA program
modeled after the Section 8 Voucher Program, the PJ calculates
the difference between 30 percent of the household's monthly
adjusted income and the payment (rent) standard. This gap is
then the constant amount of the monthly TBRA assistance. The
household is free to select an actual unit that costs more or less
than the PJ's payment (rent) standard.
Unit costing more: If the household selects a unit costing
more than the payment (rent) standard, the household's
Building HOME
U.S. Department of Housing and Urban Development
Page 7-13
March 2008
Exhibit T"6"T
HUD's Building HOME Manual Chapter 7 TBRA►
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
monthly payment will exceed 30 percent of its monthly
adjusted income.
LJn_it costing less: If the household selects a unit costing
less than the payment (rent) standard, the household's
monthly payment will be less than 30 percent of its monthly
adjusted income.
Regardless of whether the unit costs are more or less than the
payment (rent) standard, the monthly TBRA to the household
remains fixed at the gap between what it can afford and the
payment (rent) standard, regardless of the actual unit selected.
Individualized program models: As stated, some PJs may
decide to design an altogether new program. The most
compelling reasons for electing to design a new program would
be a PJ}s desire to administer a security deposit -only program
or a specialized program which addresses a special needs
group. Within the general HOME TBRA rules, the PJ may
decide how it wishes to establish limits for these types of
programs.
Payment (Rent) standard
• As noted above, all Ns administering a TBRA program must
establish a payment (rent) standard.
• Characteristics: This payment (rent) standard should
represent the rent plus utility cost of moderately priced units that
meet HUD HQS in the jurisdiction. The payment (rent) standard
is established by bedroom size.
➢ The payment (rent) standard is similar to the Fair Market
Rent (FMR) that is established by HUD for the Section 8
program.
• The FMR is established by HUD for individual jurisdictions,
based upon the rent for standard units within that
jurisdiction.
• The FMR is set at the 40th percentile of these rents (that is,
just below the median rent for standard units within the
community).
• In certain cases, HUD has approved a Section 8 FMR
community -wide exception rent for a particular municipality,
county or locality within the overall jurisdiction.
• This approval permits rents under the Section 8 Program to
go as high as 120 percent of the FMR for the jurisdiction
overall.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-14
March 2008
Exhibit T'B"
HUDis Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL T ►L ASSISTANCE
NOTES
• HUD publishes the FMR in the Federal Register by bedroom
size for each jurisdiction. The FMR is updated annually.
Establishing the payment (rent) standard: PJs are given
several options for establishing the payment (rent) standard --
including using the FMR as a basis. The PJ may develop the
payment (rent) standard using one of two methods.
• EJ.rst method: The PJ may develop a payment (rent)
standard based on local market conditions.
Example: The published Section 8 FMR for a two -bedroom
unit is $500, but the PJ has analyzed the market and
established that a reasonable price for a two -bedroom unit is
$520, given the local market conditions and location. In this
instance, the payment (rent) standard may be the $520.
➢ Second method: If the PJ does not establish its own
payment (rent) standard, then the HOME payment (rent)
standards must be based upon the Section 8 FMRs. The
payment (rent) standard must not be less than 80 percent of
the published FMRs, and not more than the FMR or area -
wide exception rent.
Example: The published FMR for a two -bedroom unit is
$500, and HUD has approved a six percent community -wide
exception rent of $530. The payment (rent) standard
established by the PJ could be anywhere between$400 (80
percent of $500) and $530.
Administering ering the payment (rent) standard: Once
established the payment (rent) standard remains constant for all
units for the PJ's entire program year. However, HUD does
permit the PJ to have some flexibility in the administration of this
payment (rent) standard.
Unit -specific: For up to 20 percent of the units under its
TBRA program, the PJ may approve a unit -specific payment
(rent) standard. This unit -specific payment (rent) standard
may be up to 10 percent above the payment (rent) standard
established for all units.
Example: PJ that has 200 T P -assisted families could
approve up to 40 unit -specific payment (rent) standards. if
the established payment (rent) standard for the PJ is $400,
these 40 units may each have a writ specific payment (rent)
standard of anywhere between 0 and $440.
Although the HOME regulation does not specify the reasons
for approving this unit -specific payment (rent) standard
exception, a typical use of the exception authority is to:
Building HOME
US, Department of Housing and Urban Development
ent
Page 7-15
March 2008
Exhibit rlBlr
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL SSISTA CE
NOTES
I Address discrepancies between the published FMR and
the local market (for example, units with a large number
of bedrooms rent for more than the published FMR); or
Obtain units adapted for handicapped residents or large
families that are hard to place.
� Deciding the payment (rent) standard amount: To decide the
amount of the payment (rent) standard, the PJ should compare
the FMR to the actual cost (including utilities) of housing in the
area.
• If the FMRs are high relative to the actual cost, the PJ
should consider setting the payment (rent) standard at a
lower amount.
➢ If the FMR seems appropriate, the PJ should set the
payment (rent) standard at the FMR.
➢ If the FMR is low relative to the actual cost of housing, the
PJ may want to develop the documentation needed to
establish its own payment (rent) standard based upon the
market.
Ongoinp Responsibilities
• PJs have significanton-
going responsibilities for
managing a TBRA
program.
• Occupancy
requirements: Primary among these responsibilities is
ensuring that the property standards and occupancy
requirements are still met.
i
Flexibility for
Security Deposit Only Programs
The requirements for ongoing income
determinations and HQS inspections do not
apply to security deposit only programs.
The PJ must conduct an annual inspection to ensure that
the unit still meets H S.
The PJ must also ensure that the unit is the appropriate size
for the household in order to meet the occupancy standard.
• Rent increases: The Ri must also review and approve rent
increases by landlords renting to tenants participating in the
TBRA program. Owners may adjust rents as leases are
renewed (generally annually). The PJ must disapprove a lease
if the rent is not reasonable.
Recertifying income: in addition, the incomes of tenants
receiving rental assistance must be re-examined at least
Building HOME
U.S. Department of Housing and Urban Development
Page 7-16
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
annually using source documentation. The PJ must re-evaluate
family income, size and composition.
Rent and assistance is adjusted accordingly, based on the
circumstances in effect at the time of recertification.
If a tenant's income goes above the Section 8 low-income
limit at re-examination, assistance must be terminated after
the FJ gives reasonable notice to the tenant and the owner.
Tenants on Section 8 waiting list: Special provisions are
needed for tenants receiving HOME TBRA who were on the
Section 8 waiting list at the time of selection.
Households on the Section 8 waiting list when selected for
HOME -funded TBRA must remain in their place on the
waiting list while receiving the HOME -funded TBRA.
LEAD -BASED PAINT
HUD's new consolidated Federal lead -based paint regulation
took affect September 15, 2000. This regulation makes several
important changes in the requirements for Federal community
development programs that fund housing. For more information
about lead -based paint, see the summary provided in the "Other
Federal Regulations" chapter of this manual. Other resources
Pis may find helpful are the training manual, Learning the
Rules: A Basic Overview of the Lead -Based Paint Regulations
for CPD Programs, the training manual, Making it Work:
Implementing the Lead Safe Housing Rule in GPO -Funded
Programs, and HUD's Office of Healthy Homes and Lead
Hazard Control website, http://www.hud.gov/offices/lead.
Building HOME
U.S, Department of Housing and Urban Development
ent
Page 7-17
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER : TENANT -BASED RENTAL ITAL ASSISTANCE
NOTES
PART II: PROGRAM DESIGN AND
IMPLEMENTATION ISSUES
There are a number of issues that PJs must consider when
establishing a TBRA program. Each of these issues is discussed
briefly below.
DETERMINING WHO WILL ADMINISTER
THE PROGRAM
Public housing uth ritie as an option: The cost to
establish and manage a TBRA program can be great. With this
in mind, many jurisdictions have elected to sub -contract the
administration of their HOME TBRA programs to their PHAs.
There are a number of advantages to this arrangement:
• The PHA is likely to have in place the infrastructure to run
and manage this type of program. This includes staffing,
check processing equipment and systems, and paperwork
processes.
• The PHA is experienced in using Section 8 income limits to
screen eligibility and conduct recertifications.
• The PHA is also experienced in conducting HQS inspections
for occupancy and housing quality.
• PJs should be aware that the PHA may want to run a TBRA
program that complements or parallels its normal Section 8
program, because of unmet demand in the community (as
evidenced by a long or closed waiting list) and administrative
ease (due to staff familiarity with the requirements and
procedures of its Section 8 program).
• The PJ, on the other hand, may wish to run a specialized
program that does not meet the demand for Section 8 or is not
modeled after the Section 8 program, but instead focuses on
particular types of households or particular types of assistance.
These special programs may be confusing for PHA staff who
simultaneously manage a Section 8 program.
DETERMINING THE TYPE OF PROGRAM
TO OFFER
• As noted in Part I of this chapter, the PJ may use the Section 8
housing program as the model for its TBRA program, or may
Page 7-18
March 2008
Building HOME
U.S. Department of Housing and Urban Development
Exhibit "BT'
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL L ASSISTANCE
NOTES
design a wholly new program. The various options are
discussed in Part I of this chapter. Here are the different
arguments for each model.
Using the Section 8 model: There are many arguments for
using the Section 8 Rental Certificate and Voucher Programs as
a model.
The Section 8 programs have a successful track record.
Using the Section 8 model could cut the amount of time it
would take to thoughtfully design a new program, which
some PJs could find prohibitive.
• if the PHA will operate the PJ's program, the Section
Program Voucher model can be more efficient, due to the
PHA's familiarity with this program.
• The program will likely be used by the same set of landlords
who participate in the Section 8 Program. However,
different rules may be confusing.
The rental assistance payment goes directly to the landlord
under the Section 8 Program. Therefore, the landlord knows
that the programs share of the rent is guaranteed.
Designing a new program: The most compelling reasons for
electing to design a new program would be a Nis desire to
administer a security deposit only program, or a program
tailored to serve special needs populations. These options are
not available under Section 8 Rental Vouchers.
• PJs may use HOME
to assist families by
paying for not only
monthly rent and
utilities, but also
security deposits
and utility deposits.
(Remember: under
Caution on Security and
Utility Deposit Payments
Security deposit only (or security and utility
deposit only) programs are attractive
because limited funds can be used to serve
more families. However, they may not
provide enough assistance. Many families
who cannot afford the security deposit also
cannot afford the monthly rental payments,
HOME, utility deposit assistance may only be provided in
conjunction with a TBRA security deposit or monthly
assistance program). In contrast, the Section 8 Rental
Voucher Program only helps with rent and utility costs, and
not security deposits or security and utility deposits.
The Section 8 tenant -based assistance program makes
payments directly to the landlord on behalf of the tenant. By
paying the tenant, the PJ allows the tenant to make a full
Building HOME
U.S. Department of Housing and Urban Development
Page 7-19
March 2008
Exhibit " B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL T L ASSISTANCE
NOTES
payment to the landlord each month. The payment to the
tenant gives the tenant an appearance of greater financial
independence in his or her dealings with the landlord.
CALCULATING THE RENTAL SUBSIDY
• One of the most important decisions PJs must make with regard
to TBRA programs is how to calculate the tenant and PJ
contributions to rent.
• Three important factors affect the PJ's (and the households)
payment:
• The family's income - the lower the family's income, the
higher the PJ's payment;
• The payment (rent) standard the PJ establishes for each
bedroom size; and
• The cost of housing and utilities for the unit the family
selects.
• In addition, the subsidy depends upon the TBRA model selected
by the PJ. How to determine the subsidy under the different
methods is discussed below.
Using the Section 8 Certificate Model
• The Section 8 Rental Certificate Program model assumes a
fixed tenant payment.
• The tenant's share of housing costs (Total Tenant Payment,
or TTP) is calculated by formula. The PJ then pays the
difference between the tenant's share and the approved rent
for the unit.
• The formula for computing TTP under the Section 8 Rental
Certificate Program requires a tenant to pay the greater of:
✓ 30 percent of monthly adjusted income;
✓ 10 percent of monthly gross income; or
✓ The welfare rent in as -paid states.
• Exhibit 7-1 demonstrates this method.
Building HOME
U.S. Department of Housing and Urban Development
t
Page 7-20
March 2008
Exhibit "13"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED E TAL ASSISTANCE
NOTES
EXHIBIT 7.1
The Cleavers have been issued a two -bedroom HOME TBRA Coupon.
Their annual (gross) and adjusted incomes are , 00 and $1853003
respectively. They find an apartment that rents for $725 (including
utilities).
The Cleavers must pay the greater of:
$458 30% of adjusted monthly income ($181300 112 x 0.30)
OR
$188 10% of annual (gross) monthly income $227 00 / 12 x 0.10)
The program administrator must pay the difference between the tenant's
share and the approved rent.
Approved Rent $725
Less Total Tenant Payment$458
PJ Share of the Rent $267
Using the Section 8 Voucher Model
The Rental Voucher Program model assumes a fixed PJ
payment.
• The maximum ur PJ subsidy is calculated, and the tenant pays
the difference between the subsidy and the approved rent
for th unit.
• Using the Section 8 Rental Voucher method, the PJ first
establishes a payment (rent) standard for the program as
whole.
• The PJ generally pays the difference between its payment
(rent) standard and 30 percent of the tenant's adjusted
monthly income. However, a minimum tenant payment is
required. Exhibit 7-2 demonstrates this method.
Building HE
U.S. Department of Housing and Urban Development
Page 7-21
March 2008
Exhibit "B't
HUD"s Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
EXHIBIT 7.2
The Cleavers have been issued a two -bedroom HOME TBRA
Coupon. Their annual and adjusted incomes are $221 00 and
$1 ,300 respectively, As in Exhibit 7-1, their monthly annual (gross)
and adjusted income amounts are $458 and $188 respectively. They
find an apartment that rents for $800 (including utilities). The PJ"s
rent standard is $775.
The maximum program administrator subsidy is:
$775 Rent standard
$4 8. (less) 30% of adjusted monthly income
$317 Maximum program administrator subsidy
The Cleaver's share of the rent is:
$800 Approved rent
17 (less) Maximum__subsid
$483 Cleavers payment
In this example, the Cleavers will pay more than 30 percent of their
adjusted income for housing because they selected a unit that rents
for more than the payment (rent) standard.
Had the Cleavers found a very inexpensive unit, the requirement that
the family must pay at least 10 percent of monthly gross income
might apply.
$500 Approved rent
$317 (less) Maximum program administrator subsidy
$183 Calculated tenant share
However, the Cleavers must pay at least 10 percent of gross monthly
income
$22, 00 / 12 months x 0.10 = $188).
The program administrator's contribution would be reduced by $5.
Utility Allowances
• To determine the portion of the housing cost that will be paid by
the PJ and the portion that will be paid by the household, the PJ
must establish a utility allowance schedule that estimates the
average cost of utilities for typical types of housing (single-
family, row house, high-rise, etc.) and for various utilities and
fuel sources (gas, oil, electricity).
• Utilities included in the schedule generally include those
required for water/sewer, electric, gas and trash.
• Telephone and cable TV are not considered utilities for this
purpose.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-22
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL T L ASSISTANCE
NOTES
Ris may adopt the utility allowance schedule that the PHA
uses for its Section 8 program, or establish their own
schedule based on a survey of typical utility costs in the
area. (See Exhibit7-3(a).)
EXHIBIT 7-3(a)
USING UTILITY ALLOWANCES
1 The Jones family selects a unit which rents for $ 7 , They
must pay electricity and gas separately.
(2) The PJ's utility allowance schedule indicates that the average
cost of electricity and gas for the unit size selected is $75.
3 30 percent of the family's adjusted income is $300.
(4) The family makes its tenant contribution as follows:
$75 For gas and electricity
+$225 Rent to the owner
$300
The PJ pays the difference between the rent the owner is
charging and the amount paid by the tenant:
$575 Rent to owner
-$225 Paid family
$350 Subsidy
• Sometimes PHAs must make a utility reimbursement to the
family and a payment to the owner. (See Exhibit 7-3(b).)
EXHIBIT 7-3(b)
Assume that 30 percent of the Smith family's monthly adjusted
income is only $50, and that the Smith family rents a unit similar to
the Jones family's.
The family's $50 contribution is not enough to pay utilities (much
less contribute to rent), In this case, payments are made as
follows:
$50 Family retains $50 to pay utility bills
+$25 PHA pays family $25 to cover remaining utility bills
$75 Entire utility allowance
$575 PHA pays entire rent to owner
PROCESSING APPLICATIONS
Following are the key steps in processing applications for
TBRA.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-23
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
Step 1: Application Intake and Waiting Lists
• As noted above, the PJ may use the PHA Section 8 waiting list
or create a waiting list of its own. Whichever method is used,
the PJ must follow its written tenant selection plan, which
explains how local preferences will be applied.
• If the PJ uses the PHA's waiting list, no additional
application intake is needed. The PHA will already have
taken applications from families seeking rental assistance.
• If the PJ decides to set up a separate waiting list, it will have
to take applications. Good record -keeping is essential to
demonstrate that all eligible families had the opportunity to
apply and were treated fairly in the application process. PJs
should use a written application form and retain records on
the disposition of all applications.
Step 2: Eligibility Determinations
• PJs, or the PHA on behalf of the PJ, must verify all factors that
relate to the family's eligibility -- the household composition,
preference and income information provided by the family. The
HOME rules require examination of source documents (for
example, wage or interest statements) for TBRA households to
determine the family's income.
Step 3: Coupon Issuance
• Once a household is determined eligible and selected to receive
assistance, the PJ issues the family a TBRA coupon. This is
the family's authorization to look for housing (or to request that
the RI approve the unit in which the family already lives.)
• The P1 should establish a deadline for the family to locate
housing. As a comparison, PHAs give Certificate/Voucher
holders 60 days to find a unit. In extraordinary circumstances,
they may extend the search period for an additional 60 days.
Step 4: Request for Unit Approval
• When the household finds an acceptable unit and a landlord
willing to participate in the program, the tenant submits a
request for unit approval and for using TBRA to rent the unit.
• The PJ must inspect the unit to assure that it meets Section
HQS and to determine if the rent the owner is charging for the
unit is reasonable, based upon the rents for comparable units in
the area.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-24
March 2008
Exhibit "B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
ipp,§\;,,L.9ase Execution and C/ICI S stem Project Set -Up
• Once the PJ has inspected and accepted the unit and
determined. that the rent the owner is charging is reasonable,
two actions must occur:
Tenant lease: The owner and the tenant enter into a lease.
To cover the special requirements of the HOME program,
the RI provides a lease addendum to be used in conjunction
with the owner's lease.
Owner agreement: The PJ and the owner enter into an
agreement in which the owner agrees to comply with the
HOME rules and the PJ agrees to make the PJ's share of
the payment.
• At this point, the TBRA Program must be set up in the
Integrated Disbursement and Information System (CIS). Just
as a PI might set up the construction of a multi -family building
as a "project" in the CIMI System or IDIS, the PJ sets up its
TBRA program as a project, with up to 99 tenants listed under a
single project.
USING TBRA FOR ANTI -DISPLACEMENT
AND RELOCATION ACTIVITIES
• When HOME funds are used to rehabilitate rental housing,
some tenants may be adversely affected.
P.isIacenie,
• In a HOME project, if post -rehabilitation gross rent (rents and
utilities) exceed the tenants' TTP (as defined for the Section
Certificate Program), the tenant is considered rent -burdened,
A tenant who moves for this reason is considered displaced.
Rent burden may exist even when a tenant occupies a unit that
carries HOME rents. For example, the Low Home Rent is
designed to be affordable to households at 50 percent of
median income with 30 percent of their income. This rent would
not be affordable to a household whose income is 40 percent of
median income.
• To avoid displacement, HOME TBRA or Section 8 assistance
may be provided to make the proposed rent affordable to the
tenant.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-25
March 2008
Exhibit „B"
HUD's Building HOME Manual Chapter 7 TBRA
CHAPTER 7: TENANT -BASED RENTAL ASSISTANCE
NOTES
TBRA as Relocation Assistance
HOME TBRA mhe
offered to displaced
low-income tenants as
an alternative to the
replacement housing
payment required by
the Uniform Relocation
Act (URA) or Section
104(d). URA rules
require that displaced
Important: The tenant must be made aware
that HOME assistance will be terminated if,
upon annual recertification, the tenant's
income exceeds 80 percent of area median.
However, the PJ must continue to provide
assistance, either as continued rental
assistance payments funded through some
other source, or by providing the balance of
the assistance in the form of a replacement
housing payment.
tenants be given the choice of TBRA or a cash replacement
housing payment. Section 104(d) gives the option to the PJ, but
if the PJ offers TBRA and the tenant prefers a replacement
housing payment, the tenant may receive the replacement
housing payment at URA (rather than Section 1 4 d levels.
• In this case, the value of the monthly HOME TBRA must be
equal to or greater than the monthly value of the tenant's
replacement housing payment.
• Tenants who accept HOME TBRA must be assured of at least
42 months of assistance when the URA applies and 60 months
of assistance when Section 104(d) applies.
Building HOME
U.S. Department of Housing and Urban Development
Page 7-26
March 2008
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Tenant Based Rental Assistance (TBRA) Set Up Form
HOME Program
TBRA Set Up Form
Check the appropriate box:
❑Original Submission ❑Change Owner's Address
ERevision
Name and Phone Number of Person Completing Form:
A. General and Activity Information.
. Name of Participant:
2, County Code:
3. IDIS Activity ID Number:
4. Activity Name:
Set Up Activity
B. Objective and Outcome.
I. Objective (enter code):
1Create suitable living environment
(2) Provide decent affordable housing
(3) Create economic as .ortunities
2. Outcome (enter code):
1 Availability/accessibility
Affordability
3 Sustainabilit
C. Household Characteristics. (Refer to code below where applicable) Assisting more than 8 tenants? Make copies of this page for
additional space,
Monthly Rent
Household
Tenant Contract
Last
Name
F # of
Bdrms
Sec
Dep
Tenant
Monthly
Rent
TBRA
Monthly '
Rent
Total
Monthly
Rent
%
Med
Hispanic?
Y/N
Race
Size
Type
Paid To
O=owner
T=Tenant
New?
YIN
Months
(Ito 24)
'
I
I
D. Total/Subtotal of HOME Funds Requested:
Page 1 of 4
Revised (8/06)
i I
If TI
E. TBRA Units
Number of TBRA Units:
Designated for the homeless:
Of those the number designated for the chronically homeless:
Was this activity carried out by a faith -based organization (YIN ?
#pof_Bdrms
0 -SRO/Efficiency
1 - 1 bedroom
2 -2 bedrooms
3- 3 bedrooms
4 -4 bedrooms
- 5 or more bedrooms
Household. %o f Me1
1 - 0 to 0%
-0+to50%
3 - 50+ to 60%
4 - 60+ to 80%
Household Race
11 - White
12 - Black/African American
13 Asian
14 - American Indian/Alaska Native
15 y- Native Flawaiian/Other Pacific Islander
16 - American Indian/Alaska Native & White
17 - Asian & White
18 - Black/African American & White
19 -- American Indian/Alaska Native & Black/African American
20 - Other multi -racial
TBRA Set Up Form
Household Size
1-1 person
y- 2 persons
3- 3 persons
4 - 4 persons
5 - 5 persons
6 - 6 persons
7 - 7 persons
8 - 6 cr more persons
Household Type
- Single, non -
elderly
Elderly
3 - Single parent
4 - Two parents
5 - Other
Page 2 of 4 Revised /00
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Reporting Fields Dropdown
# of Bdrms
Household of Pled
%
Household Race
Household
Size
Household
Type
Homeless
Person or
Famil
SILO/Bff ncy
0 to 3
White
1 Person
Single, non-
elderlyYes
1 Bedroom
30+ to 50%
Black/African American
2 Persons
Elderly
No
2 Bedrooms
50+ to 60%
Asian
3 Persons
Single Parent
3 Bedrooms
60+ to 80%
American Indian/Alaska Native
4 Persons
Two parents
Other
4 Bedrooms
Native Hawaiian/Other Pacific Islander
5 Persons
6 Persons
5 Bedrooms
American Indian/Alaska Native & White
Asian & White
Persons
Black/African American n & White
orore
persons
American Indian/Alaska Native
Black/African American
Other hull -racial
TBRA Set Up Form
Instructions for Completing the Tenant -Based Rental Assistance Set-up Report
HOME Program
Read the instructions for each item carefully before completing the form
Applicability. The purpose of this report is to assist with the collection
of information to be entered into IDIS. This report is to be completed for
each TBRA activity set-up in IDIS. A single activity may include up to
99 tenants. For centralized State projects, the tenants must be in the
same county.
Timing. Data is to be entered into IDIS before funds may be drawn
down for the activity. An amended setup report should be completed to
increase or decrease HOME funding for the activity.
A. General and Activity Information.
1. Name of Participant. Enter the name of the participating
jurisdiction or the agency administering the TBRA activity.
2. County Code. Enter the county code of the agency administering
this HOME activity.
3. IDIS Activity ID Number. Enter the activity number assigned by
IDIS.
4. Activity Name. Enter the name designated to the activity. The
blank boxes may be used for internal tracking purposes.
B. Objective and Outcome:
Objective. Enter the code of the objective that best describes the
purpose of the activity. If a code is not entered in IDIS, the system will
default the answer to "2" — Decent affordable housing.
Suitable living environments. Applies to activities that benefit
communities, families, or individuals by addressing issues in their
living environment.
2. Decent affordable housing. Applies to housing activities that
meet individual family or community needs. This objective should
not be used for activities where housing Is an element of a larger
effort.
3. Creating economic opportunities. Applies to activities
related to economic development, commercial revitalization, and
job creation.
Outcome. Enter code of the outcome that best describes the benefits
resulting from the activity. If a code is not entered in iDIS, the system
will default the answer to "2" — Affordability.
1. Availability/accessibility. Applies to activities that make
services, infrastructure, housing, and shelter available and
accessible. Note that accessibility does riot refer only to physical
barriers.
2. Affordability. Applies to activities that provide affordability in a
variety of ways. It can include the creation or maintenance of
affordable housing, basic infrastructure hookups, or services such
as transportation or day care.
3. ustainability. Applies to activities that promote livable or
viable communities and neighborhoods by providing services or by
removing slums or blighted areas.
C. Household Characteristics.
Complete one line for each tenant receiving tenant -based rental
assistance from the HOME Program.
Tenant's Last Name. Enter the tenant's last name if the name is 5
letters or less. Enter the first five letters of the last name if the name is
more than five letters or a unique file identification number.
# of Bdrms. Enter 0 for a single room occupancy (SRO) unit or for an
efficiency unit, 1 for 1 bedroom, 2 for 2 bedrooms, 3 for 3 bedrooms, 4
for 4 bedrooms, and 5 for 5 or more bedrooms.
Sec Dep. Enter the amount of HOME funds to be paid to the tenant or
owner as a security deposit payment (to the nearest dollar).
Tenant Monthly Rent. Enter the actual rent, including utilities, to be
paid by the tenant at the time of activity completion (to the nearest
dollar). if the rent includes utilities, or, if the rent includes partial utilities,
e.g., heat, but not electricity, these utility costs must be added to the
rent. Compute utility costs for the area (and in the case of partial
Page of4
utilities, compute costs for utilities excluded from the rent), by using the
utility allowance schedule produced by the local Public Housing
Authority (PHA).
TBRA Monthly Rent. Enter the amount of HOME funds to be paid to
the tenant or owner as a rent subsidy payment, including any utility
allowances (to the nearest dollar).
Total Monthly Rent. The total monthly rent is automatically calculated
by IDIS,
Household % of Med. For each household assisted with HOME funds,
enter one code only based on the following definitions:
1. 0 to 30% refers to a household whose annual income is at or
below 30 percent of the median family income for the area, as
determined by HUD with adjustments for smaller and larger
families.
2. 30+ to 50% refers to a household whose annual income exceeds
30 percent and does not exceed 50 percent of the median family
income for the area, as determined by HUD with adjustments for
smaller and larger families.
3. 50+ to 60% refers to a household whose annual income exceeds
50 percent and does not exceed 60 percent of the median family
income for the area, as determined by HUD with adjustments for
smaller and larger families.
4. 60+ to 80% refers to a household whose annual income exceeds
60 percent and does not exceed 80 percent of the median family
income for the area, as determined by HUD with adjustments for
smaller and larger families,
Household Hispanic? Y/N. For each household assisted with HOME
funds, enter the ethnicity of the head of household as either {`Y" for
Hispanic or Latino or "N" for not Hispanic nor Latino. Hispanic or Latino
ethnicity is defined as a person of Cuban, Mexican, Puerto Rican,
South/Central American, or other Spanish culture or origin, regardless
of race. The term, "Spanish origin," can be used in addition to "Hispanic
or Latino."
Household Race. For each household assisted with HOME funds,
enter one code only based on the following definitions:
11. White. A person having origins in any of the original peoples of
Europe, North Africa or the Middle East.
12. Black/African American. A person having origins in any of the
black racial groups of Africa. Terms such as "Haitian" or "Negro"
can be used in addition to "Black or African American."
13, Asian. A person having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian subcontinent including,
for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand and Vietnam.
14, American Indian or Alaska Native, A person having origins in
any of the original peoples of North and South America (including
Central America), and who maintains affiliation or community
attachment.
15. Native Hawaiian or Other Pacific Islander. A person having
origins in any of the original people of Hawaii, Guam, Samoa or
other Pacific Islands.
16. American Indian/Alaska Native White, A person having these
multiple race heritages as defined above,
17. Asian & White. A person having these multiple race heritages as
defined above.
18. Black/African American & White. A person having these
multiple race heritages as defined above.
19. American Indian or Alaska Native & Black or African
American. A person having these multiple race heritages as
defined above.
20, Other multi -racial. For reporting individual responses that are not
included in any of the other categories listed above.
Revised (8/06)
Exhi hit "C"
TBRA Set Up Form
Household Size. Enter the appropriate number of persons in the
household: 1, 2, 3, 4, 51 6, 7, or 8 (for households of more than 81 enter
8).
Household Type. For each household assisted with HOME funds,
enter one code only based on the following definitions:
1. Single, non -elderly. One -person household in which the person is
not elderly.
2. Elderly. One or two person household with a person at least 62
years of age.
3. Single parent. A single parent household with a dependent child
or children (18 years old or younger).
4. Two parents. A two -parent household with a dependent child or
children (18 years old or younger).
5. Other. Any household not included in the above 4 definitions,
including two or more unrelated individuals.
Tenant Contract Paid To. Enter an 0, if the TBRA Monthly Rent will
be paid to the Owner. Enter a T, if it will be paid to the Tenant,
Tenant Contract New? Enter a Y, if the tenant is newly assisted.
Enter an N, if the tenant's assistance is being renewed.
Tenant Contract Months. Enter the number of months in the contract
with the tenant. Valid entries are 1 to 24.
D. TotallSubtotal of HOME Funds Requested.
Enter the total amount of HOME funds requested for the activity. This
amount includes the TBRA Monthly Rent for each tenant multiplied by
the Tenant Contract Months. It also includes the security deposit
amount for each tenant, if requested.
E. TBRA: Units
Number of TBRA units designated for the homeless. Of the total
number of TBRA units in the activity, enter the number designated for
the homeless. Homeless is defined as (1) an individual or family who
lacks fixed, regular, and adequate nighttime residence; or An
individual or family who has a primary nighttime residence that is: (a) a
supervised publicly or privately operated shelter designed to provide
temporary living accommodations (including welfare hotels, congregate
shelters, and transitional housing for the mentally ill; (b) an institution
that provides a temporary residence for individuals intended to be
institutionalized; or (c) a public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for human
beings.
Of those, the number designated for the chronically homeless. Of
the number of units designated for the homeless, enter the number
designated for the chronically homeless, A chronically homeless
person is defined as an unaccompanied homeless individual with a
disabling condition who has either: (1) been continuously homeless for
a year or more, or (2) has had at least four episodes of homelessness in
the past three years. A disabling condition is defined as a diagnosable
substance use disorder, serious mental illness, developmental disability,
or chronic physical illness or disability. For the purpose of determining
chronically homelessness, a homeless person an unaccompanied
individual sleeping in a place not meant for human habitation or in an
emergency homeless shelter.
Note: IDIS will default to zero if units are not entered in these fields.
Faith -based Organization. Was this activity carried out by a faith -
based organization (yIN)? Enter "Y" if it is known or if the organization
declares itself to be a faith -based organization. If not, enter "l"r.
Note: IDIS will enter the default answer of "N" if an answer is not typed
in the field.
Page 4 of 4
Revised (10
REF
TiFIC
TEOF
LIABILITY
INSURANCE
DATE �MMI�]D1YYYlf}
7 20 3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IM RT'ANT: If the certificate holder is aln ADDITIONAL INSURED, the p lic (ies) must have ADDITIONAL, INSURED provisions orb endorsed.
If SL BRO TION IS AIVED, subject to the terms and conditions of the policy, ortain policies ma roquiro are and r rt ont. A statement ors
this certificate does not confer rights to the certi€icat holder in lieu of such ndorsement s .
PRODUCER - - --
Wilson and Company Insurance Services, Inc.
P Box
ronado '17
L.l n e# : oL41 1
NAEACT Brad 1 Wilson
PHONE
AeLs0. .,_Ext}:-200
FAQ(
,a Es : brads it of andcornpan insurance.col
INURER(S)AFFORCIN COVERAGE
NAiC #
INSURER : Philadelphian Inder-r-�nity Insuran
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INSURE tB : enitl Insurance OITlp i y
_�NS4�fEl : Philadelphia Ilurance orpn
INSURER 0 :
INSURER E
INSURER F
COVERAGES
CERTIFICATE NUMBER: 4196 6 1
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS.
INSR
LTR
T1 PE OF INSURANCE
ADDL
D
INS
SUER
D
POLICY NUMBER
POLICY EFF
POLICY EP
L_II ITS
A
X
COMMERCIAL ENERAL LIABIL.ITI
Y
Y
PHPI 00
71 (202
71812024
EACH OCCURRENCE
$1,000,000
CLlll-MARE
L-
OCCUR
DAMAGE TO IENT�D
PF�EI�JIIE �Ea occurrence)
,000,000
MEO EP (Any one person}
$0,000
PERSONAL, AD INJURY
1,000,000
GEN"L
AGGREGATE LIMIT APPLIES PEF:
ENERALAFEATE
3,000,000
POL_IC`f
X
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PRODUCTS - COMP/OP AO
$ 3,000,000
OTHER;
$
A
AUTOf OBILE LIABILIT f
PHP1 72002
718120
7 8 20 4
EO aBI EDtSENOLE LIMIT
$1,000,000
ANY AU
BODILY INJURY (Per person)
$
OWNED
AUTOS ONLY
II
CHEC ULED
AUTOS
BODILY INJURY (Per accident)
$
HIRED
AUTOS ONL.
NON-01NED
AUT O lt_1'
PROPERTY DAMAGE
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$
$
A
UMBRELLA LIAB
OCCUR
PHUB$7O Ti
7!8l2023
716 24
EACH OCCURRENCE
4,000,000
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CL �M -MADC-
AGGREGATE
$4,000,000
DED
RETENTION $
$
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Y OR CEk S CO IPEI SA 'ION
A►ND EMFLOYERS' LIABILITY f N
N I A
1 5552505
1f11 02
'1/11 0 4
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[PER
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$1,000,000
A YPI OI F IET /PARTI F fE CE JTI E
OFFICERIMEix1�BEJ E CLUDED'?
E.L. DISEASE - EA EMPLOYEE
$1,000,000
(M at ry in NH
if es, describe under
DESCRIPTION OF OPERATI NS below+
E.L. DESEASE - POLICY Lii IT
1,000,000
i rofessional i iabilit
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PH D172$ S8
PHS[ 1 I29
7 l 0
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181 0 4
111141 024
Per Clalrn/Agg Limit
Per ClalrrflAgg Limit
100 00 l 0000 0
0000001 000000
DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 1O1, A ditional Remarks Schedule, ma r be attached If more space Is required)
Se cuail Misconduct incl.Idin Physical Abuse 1,00O,000 Per laiim
3,O0,O00 Aggregate included Policy# PHP272002 71123-7/124
Fidelity Insurance (Employee Dishone ty Forgery Coverage) included in Policy PHP 2 72002 1 r00 ,000 Limit
0 Davy Notice of ancellaltio Applies except 10 Day for Non Palyment of Premium
Certificate holder, its officers, agents, employees and olunteers are included as Additional Insureds when required b written
contract, with respect to om er iall General Liability, but limited to the operations of ti e
In ured under said contract, and alwa} subject to the policy terms, conditions and exclusions. Fie: TBRA VII Program
CERTIFICATE HOLDER
City of National City ** Risk Manager
1243 National City Blvd.
National City CA 9190
USA
AO RD 25 (016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WiLL BE DELIViRED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
609-07004"
ID 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD D
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THE ZENITH
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy, We will
not enforce our right against any person or organization with whom you have a written contract that requires
you to obtain this agreement from us.
The additional premium for this endorsement shall be 2% of the California workers compensation premium
otherwise due.
Minimum Premium: um: $0
This endorsement changes the policy to which it is attached and is effective on the policy effective date unless otherwise stated.
Endorsement Effective 0110110
Insured SBCS CORPORATION
Policy No. Z135552505
Policy Period 011011 TO 01101 / 4
issued On 12127/22
At SAN DIEGO, CA
ZENITH INSURANCE COMPANY
WC 99-04-25-B Endorsement No. 15
(Ed. 70-01)
PICA-0 0114
THIS ENDORSEMENT_CHA► GES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply
unless modified by the endorsement.
A. SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is
amended by adding the following:
The following are also "insureds":
Any person or organization for whom you are required by an 'insured contract" to procure "bodily
injury" or "property damage" liability insurance arising out of the operation of a covered "auto" with
your permission. However, this additional insurance does not apply to:
1. The owner or anyone else from whom you hire or borrow a covered "auto." This exception does
not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own;
2. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her
household;
. Anyone using a covered "auto" while he or she is working in a business of selling, servicing,
repairing, parking or storing "autos" unless that business is yours;
4. Anyone other than your "employees," partners (if you are a partnerhip, members (if you are a
limited liability company), or a lessee or borrower or any of their "employees," while moving
property to or from a covered "auto"; or
5. A partner (if you are a partnership), or a member (if you are a limited liability company) for
covered "auto" owned by him or her or a member of his or her household.
B. The "insured contract" must be in effect during the policy period shown in the Declarations and must
have been executed prior to the "bodily injury" or "property damage".
C. This person or organization is an "insured' only to the extent you are liable due to your ongoing
operations for that "insured'', whether the work is performed by you or for you, and only to the extent
you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of
your employees.
I. There is no coverage provided to this person or organization for "bodily injury" to its employees or for
"property damage" to its property.
E, Coverage for this person or organization shall be limited to the extent of your negligence or fault
according to the applicable principles of comparative negligence or fault,
P. The defense of any claim or "suit" must be tendered by this person or organization as soon as
practicable to all other insurers which potentially provide insurance for such claim or "suit".
G. A person's or organizations status as an "insured" under this endorsement ends when your
operations for that "insured" are completed.
Page I of
PI-CA-003 (04/14)
H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all
terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached.
In addition, coverage shall not exceed the terms and conditions that are required by the terms of the
written agreement to add any "insured," or to procure insurance.
I. The following additional exclusions apply:
The insurance afforded to any person or organization as an "insured" under this endorsement
does not apply to ;loss":
I. Which occurs prior to the date your contract is effective with such person or organization;
2. Arising out of the sole negligence of any person or organization that would not be an "insured"
except for this endorsement; or
3. Which occurs after you returned the leased or rented "auto" to the lessor or the policy period
ends, whichever occurs first.
Page 2 of 2
POLICY NUMBER: PHPK2572002 COMMERCIAL GENERAL LIABILITY
CG 20 26 0413
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL ENSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or organizations:
City of National City
Insurance Compliance
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
I. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 13
Insurance Services Office, Inc., 2012 Page 7 of 1
PI-GL-005 (07/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL CIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Effective Date:07/08/2023
Name of Person or Organization (Additional Insured):
Blanket Where Required By Ilritt n Contract Prior To Loss,
SECTION II WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury,"
"property damage" or "personal and advertising injury" arising out of or relating to your negligence in the
performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date
shown in the endorsement Schedule.
This insurance is primary to and non-contributory with any other insurance maintained by the person or
organization (Additional Insured), except for loss resulting from the sole negligence of that person or
organization.
This condition applies even if other valid and collectible insurance is available to the Additional Insured
for a loss or "occurrence" we cover for this Additional Insured.
The Additional Insured's limits of insurance do not increase our limits of insurance, as described in
SECTION Ili LIMITS OF INSURANCE.
All other terms, conditions, and exclusions under the policy are applicable to this endorsement and
remain unchanged.
Page l of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.