HomeMy WebLinkAboutContracts & Agreements_184-2022MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County
Acting By and Through
San Bernardino County Community Revitalization Group
Office of Homeless Services
And
City of Redlands
For Homeless Management Information System
Date of Execution through October 31, 2026
WHEREAS, the San Bernardino County (County) Community Revitalization Group (CRG) Office of Homeless
Services (OHS) is responsible for coordinating countywide efforts to end and prevent homelessness in San
Bernardino County; and,
WHEREAS, the United States Congress, in accepting Conference Report 106-988m indicated that "local
jurisdictions should be collecting an array of data on homelessness in order to prevent duplicate counting of
homeless persons and to analyze their patterns of use of assistance, including how they enter and exit the
homeless assistance system and the effectiveness of the systems'; and,
WHEREAS, OHS has been allocated funds by the United States Department of Housing and Urban Development
(HUD) to provide data collection services regarding the individuals experiencing homelessness in the San
Bernardino County; and,
WHEREAS, OHS is responsible for administering and maintaining the HUD mandated county -wide Homeless
Management Information System (HMIS), a web -enabled database used by homeless services providers to
capture information about the San Bemardino County persons they serve; and
WHEREAS, OHS is responsible for ensuring that all homeless services providers within the San Bernardino
County; adhere to HUD and local policy and procedures regarding the utilization of the HUD mandated HMIS;
and,
WHEREAS, OHS is the system host and provides the personnel and administrative support to operate HMIS,
and has the responsibility to establish, support and manage HMIS in a manner that will meet HUD's standards
for minimum data quality, privacy, security and other requirements for agencies participating in HMIS; and,
WHEREAS, City of Redlands, hereafter referred to as "Agency," has been awarded, allocated funds, or seeks
to provide homeless program services within the San Bernardino County;
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County, acting by and through OHS, and Agency agree to the following terms and conditions:
Non-tandard Contract Coversheet Revised 91WO21 Page 9 of 8
TABLE OF CONTENTS
I.
BACKGROUND...................................................................................................................................3
II.
OHS RESPONSIBILITIES......................................................................................................................3
III.
AGENCY RESPONSIBILITIES.............................................................................................................3
IV.
MUTUAL RESPONSIBILITIES.............................................................................................................4
V.
REQUIRED DATA COLLECTION ELEMENTS....................................................................................4
VI.
USAGE OF DATA..................................................................................................................I.. ........5
VII.
CONFIDENTIALITY AND INFORMED CONSENT...............................................................................5
VIII.
POSTINGS..........................................................................................................................................6
IX.
RIGHTS...............................................................................................................................................6
X.
COPYRIGHT........................................................................................................................................6
A.
RIGHT TO MONITOR..........................................................................................................................6
XII.
TERM...................................................................................................................................................6
XIII.
EARLY TERMINATION........................................................................................................................6
XIV.
GENERAL PROVISIONS.....................................................................................................................6
XV.
CONCLUSION.....................................................................................................................................8
Page 2 of 8
1. BACKGROUND
In September of 2007, the San Bernardino County Board of Supervisors (Board) approved the formation
of the .San Bernardino County Homeless Partnership (Partnership) to provide leadership in creating a
stronger countywide network of service delivery to homeless individuals, homeless families, and those at
risk of becoming homeless through facilitating better communication, planning coordination, and
cooperation among all entities that provide services to the County's homeless.
In addition, the Board created the OHS, originally under Human Services, Department of Behavioral
Health, and the Community Develop and Housing Agency now administered by the Community
Revitalization Group, to provide administrative support for the newly formed Partnership.
To address the multidimensional problem of homelessness locally and nationally, HUD, through a
Congressional directive, required all Continuum of Cares (CoC) to implement an expanded HMIS to
address the problem more effectively. An HMIS is a computerized data collection system used by
homeless services providers to capture information about the persons they serve. This data collection
system tracks collaborative agencies' services that are provided throughout each CoC to homeless
individuals and families. Services tracked include emergency, transitional, and permanent housing bed
usage, employment, veteran's status, referrals to health and human service providers, legal aid or other
relevant supportive service agencies.
In February 2013, OHS accepted a grant agreement from HUD to administer and maintain the HMIS for
San Bernardino County.
This MOU between OHS and the Agency delineates the roles and responsibilities of OHS and the Agency
regarding HMIS participation to capture information about the San Bernardino County persons they serve.
II. OHS RESPONSIBILITIES
OHS shall:
A. Ensure compliance with all applicable federal and state laws and regulations regarding the
protection of client privacy and confidentiality of client information.
B. Provide the Agency with a matrix clearly outlining the HUD required data elements that must be
included in the data file to be migrated to the OHS HMIS system; (if applicable).
C. Provide User ID and Passwords to Users before being granted access to HMIS.
D. Provide monthly User's, Agency Administration and Report Training; and other trainings deemed
necessary.
E. Conduct regular on -site monitoring visits to ensure compliance with HUD and HMIS Policies and
Procedures.
F. Provide ongoing data and technical support through monthly trainings, one-on-one trainings as
well as Webinars via Go -To -Meetings.
G. Create monthly reports as needed and submit them as an e-mail attachment for review.
H. Provide utilization reports to participating agencies on a regular basis to include data quality and
tracking.
III. AGENCY RESPONSIBILITIES
Agency shall:
A. Ensure compliance with all applicable federal and state laws regarding protection of client privacy
and confidentiality regulations, and the HMIS Policies and Procedures pertaining to client
confidentiality, user conduct, security and the ongoing functionality and stability of services used
to support the HMIS.
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B. Attend monthly User's, Agency Administration and Reports Trainings as provided by OHS.
C. Ensure compliance with all the HUD required data elements.
D. Ensure compliance with HUD Technical Standards specified in the HMIS Policies and Procedures.
E. Keep Interagency data sharing agreements and Client Consent/Information release forms for all
individual client data that is shared to non -custodial agencies where the internal policies of the
Agency allows data sharing.
F. Ensure compliance and full participation with local CoC CA-609 Coordinated Assessment System
written procedures.
IV. MUTUAL RESPONSIBILITIES
A. OHS and the Agency agree they will establish mutually satisfactory methods for the exchange of
such information as may be necessary in order that each party may perform its duties and
functions under this agreement; and appropriate procedures to ensure all information is
safeguarded from improper disclosure in accordance with applicable State and Federal laws and
regulations.
B. OHS and the Agency agree they will establish mutually satisfactory methods for problem
resolution.
V. REQUIRED DATA COLLECTION ELEMENTS
It is the responsibility of the Agency to collect data based on the HUD 2022 HMIS Data Standards,
Version 1.1, October 2021, unless the Agency has Read Only Access.
UNIVERSAL DATA ELEMENTS
PROGRAM SPECIFIC DATA ELEMENTS
3.01 Name
4.02 Income and Sources
3.02 Social Security Number
4.03 Non -Cash Benefits
3.03 Date of Birth
4.04 Health Insurance
3.04 Race
4.05 Physical Disability
3.05 Ethnicity
4.06 Developmental Disability
3.06 Gender _ _
4.07 Chronic Health Condition
4.08 HIV/AIDS
3.07 Veteran Status
3.08 Disabling Condition _ 4.09 Mental Health Disorder
3.10 Project Start Date 1 4.10 Substance Use Disorder
3.11 Project Exit Date
3.12 Destination
3.15 Relationship to Head of Household
4.11 Domestic Violence
4.12 Current Living Situation
4.13 Date of Engagement (Street Outreach)
3.16 Client Location
4.14 Bed -night Date
4.19 Coordinated Entry Assessment
3.20 Housing Move -In Date (RRH PSH PH)
3.917 Prior Living Situation
4.20 Coordinated Entry Event
3.917A Prior Living Situation
3.917B Prior Living Situation
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HHS-RHY Only Required Elements
VA Required Elements
R1 Referral Source
V1 Veteran's Information
R2 RHY— BCP Status
V2 Services Provided —SSVF
R3 Sexual Orientation
V3 Financial Assistance — SSVF
R4 Last Grade Completed
V4 Percent of AMI (SSVF Eligibility)
R5 School Status
VS Last Permanent Address
R6 Employment Status
V6 VAMC Station Number
R7 General Health Status
V7 HP Targeting Criteria
R8 Dental Health Status
V8 HUD-VASH Voucher Tracking
R9 Mental Health Status
V9 HUD-VASH Exit Information
R10 Pregnancy Status
_
R11 Formerly a Ward of Child
Welfare/Foster Care Agency
R12 Formerly a Ward of Juvenile Justice
System
R13 Family Critical Issues
R14 RHY Service Connections
R15 Commercial Sexual Exploitation/Sex
Trafficking
R16 Labor Exploitation/Trafficking
R17 Project Completion Status
R18 Counseling _
R19 Safe and Appropriate Exit
R20 Aftercare Plans
VI. USAGE OF DATA
A. Data Use by OHS
For the purposes of system administration, user support, and program compliance, OHS will use
the data contained within HMIS for analytical purposes only and will not disseminate client -level
data. OHS will release aggregate data contained within HMIS for research and reporting purposes
only.
B. Data Use by Agency
As the guardians entrusted with client personal data, HMIS Users have a moral and a legal
obligation to ensure that the data they collect is being gathered, accessed and used appropriately.
It is also the responsibility of each user to ensure that client data is only used for the ends for
which it was collected, ends that have been made explicit to clients and are consistent with the
mission of the Agency and the HMIS to assist families and individuals to resolve their housing
crisis. Proper user training, adherence to HMIS Policies and procedures, and a clear
understanding of client confidentiality are vital to achieving these goals. Any individual or
participating Agency misusing or attempting to misuse HMIS will be denied access to the system.
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VII. CONFIDENTIALITY AND INFORMED CONSENT
The Agency agrees to abide by and uphold all privacy protection standards established by HMIS as well
as their respective agency's privacy procedures. The Agency will also uphold relevant and applicable
Federal and California State confidentiality regulations and laws that protect client records, and the
Agency will only release confidential client records with written consent by the client, or the client's
guardian, unless otherwise provided for in the regulations or laws.
VIII. POSTINGS — Privacy and Mandatory collection notices must be posted at AGENCY
The participating Agency must post Privacy and mandatory Collection notices at each intake desk or
comparable location. The Privacy and Mandatory Collection notices must be made available in writing at
the client's request. If the Agency maintains a website, a link to the privacy notice must be on the
homepage of the Agency's website.
IX. RIGHTS
HMIS data from agencies resides in one central database. Data sharing is currently limited to the data
within the CoC. The CoC reserves the right at a later date to expand data sharing to include collaborative
wide data.
X. COPYRIGHT
The HMIS is protected by copyright and is not to be copied, except as permitted by law or by contract
with owner of the copyright. The Agency's users' storage of materials copyrighted by others on the
systems or displaying the materials through web pages must comply with copyright laws and guidelines.
XI. RIGHT TO MONITOR
A. OHS staff or any subdivision or appointee thereof, and the State of California or any subdivision
or appointee thereof, including the Inspector General, shall have absolute right to review and audit
all records, books, papers, documents, corporate minutes, and other pertinent items as requested,
and shall have absolute right to monitor the performance of the Agency in the delivery of services
provided under this MOU. Full cooperation shall be given by the Agency in any auditing or
monitoring conducted.
B. The Agency shall cooperate with OHS in the implementation, monitoring and evaluation of this
MOU and comply with any and all reporting requirements established by this MOU.
C. The Agency shall provide all reasonable facilities and assistance for the safety and convenience
of OHS's representative in the performance of their duties. All inspections and evaluations shall
be performed in such a manner as will not unduly delay the work of the Agency.
XII. TERM
This MOU is effective upon Date of Execution through October 31, 2026, unless terminated earlier in
accordance with the provisions of Section XI I of this MOU.
XIII. EARLY TERMINATION
This MOU may be terminated without cause upon thirty (30) days written notice by either party. The CRG
Deputy Executive Officer, or his/her appointed designee, has the authority to terminate this MOU on
behalf of CRG. The Agency Director, or his/her appointed designee, has the authority to terminate this
MOU on behalf of the Agency.
XIV. GENERAL PROVISIONS
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A. No waiver of any of the provisions of the MOU shall be effective unless it is made in writing which
refers to provisions so waived and which is executed by the Parties. No course of dealing and no
delay or failure of a Party in exercising any right under the MOU shall affect any other or future
exercise of that right or any exercise of any other right. A Party shall not be precluded from
exercising a right by its having partially exercised that right or its having previously abandoned or
discontinued steps to enforce that right.
B. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically
allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and
approved by the Authorized Representatives of both parties as an amendment to this MOU. No
oral understanding or agreement not incorporated herein shall be binding on any of the Parties
hereto.
C. Indemnification. Agency agrees to indemnify, defend (with counsel reasonably approved by
County) and hold harmless the County and its authorized officers, employees, agents and
volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this
MOU from any cause whatsoever, Including the acts, errors or omissions of any person and for
any costs or expenses incurred by the County on account of any claim except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless of the
existence or degree of fault of indemnitess. Agency's indemnification obligation applies to the
County's "active" as well as "passive" negligence but does not apply to the County's "sole
negligence" or 'willful misconduct" within the meaning of Civil Code Section 2782.
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to
be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be
entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email
transmission), which signature shall be binding on the party whose name is contained therein. Each party providing
an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement
upon request.
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XV. CONCLUSION
A. This MOU, consisting of eight (8) pages, is the full and complete document describing services to
be rendered by CRG and Agency for the HUD Homeless Assistance grants.
B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit
and bind their respective entities to the terms and conditions set forth in this document.
This Agreement may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver
to the other party an original signed Agreement upon request.
City of Redlands
r _ �
Signature
Name: Paul T. Barich
Title: Mayor
Address: 35 Cajon Street, Suite 222
Redlands, CA 92373
Date: `�
ATTEST:
i
SAN BERNARDINO COUNTY
COMMUNITY REVITALIZATION GROUP
OFFICE OF HOMELESS SERVICES
&4-�
Signature
Name: Tom Hernandez
Title: Chief of Homeless Services
Address: 215 North D Street, Suite 301
San Bernardino, CA 92415-0043
Date:
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