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HomeMy WebLinkAboutContracts & Agreements_54-2023MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into as of March 21, 2023 (the "Effective Date") by and between HumanGood Affordable Housing ("HGAH") a California nonprofit public benefit corporation, and the City of Redlands("Service Provider") to provide preference for homeless elderly for certain units at Fern Lodge within the City of Redlands. I. Background HGAH provides affordable housing for older adults, including managing Redlands Senior Housing, Inc. dba Casa de la Vista (collectively, "Casa de la Vista" and "Owner"). Fern Lodge has a preference for people experiencing homelessness. The chosen definition ofhomeless (as specified on the attached Homeless Preference Form), includes: One member of the household who is 62 years or older that: • Is living in a place not meant for human habitation, in an emergency shelter, or are exiting an institution where they temporarily resided (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals). Further, people will be considered homeless if they are exiting an institution where they resided for up to 90 days and were in a shelter or a place not meant for human habitation immediately prior to entering that institution. • Is losing their primary nighttime residence, which may include a motel or hotel or a doubled -up situation, including a car, park, abandoned building, bus or train station, airport, or camping ground, within 14 days and lack resources or support networks to remain in housing. • Has children or unaccompanied youth who are unstably housed and likely to continue in that state. This is a new category of homelessness, and it applies to families with children or unaccompanied youth who have not had a lease or ownership interest in a housing unit in the last 60 or more days, has had two or more moves in the last 60 days, and who are likely to continue to be unstably housed because of disability or multiple barriers to employment (subject to occupancy standards). Is fleeing or attempting to flee domestic violence, has no other residence, and lacks the resources or support networks to obtain other permanent housing. This category is similar to the current practice regarding people who are fleeing domestic violence, in accordance with the Violence Against Women's Act (VAWA) final rule [ref: HUD §§ 5380, 5381, 5382, 5383]. II. Purpose The purpose of this Memorandum of Understanding ("MOU") is to explain the roles and responsibilities of HGAH and the City of Redlands in the provision of referrals and/or services at Fern Lodge located at 460 E. Fern Avenue, Redlands, CA. l:\cmo\Agreements\Fem_Lodge_MOU_FY22-0078 v2.docx-la III. Roles and Responsibilities The City of Redlands is responsible forthe following: • Conduct outreach and identify potential referral applicants within 14 days of notification from Owner of an available housing unit. • Provide the Owner with a referral package for each referred household, including the housing application, identification documentation, income and asset documentation, verification of homelessness, and verification of disability if applicable. • Provide services in Section IV to the referred residents at the resident's request. • Provide resources for Owner/property manager of the Fern Lodge to address issues comprising housing stability. HGAH is responsible for the following: • Provide City of Redlands the name and contact information of applicable property management staff and ensure that such staff is aware of the provisions of this MOU and their responsibilities hereunder. • Provide Service Providerwith timely notification of a vacancy. • Provide Service Provider with written copies of property rules and standard lease (including qualifyinglease violations and eviction procedures), to which each tenant must adhere. • Promptly address and resolve any deficiencies in applications. • Make an eligibility determination within 30 days. Contact the Service Provider immediately if referred resident is having any challenges or if a resident is in inviolation of lease or other documented property rules within privacy laws. IV. Services to be Provided City of Redlands will provide the available services if requested by referred tenants in Fern Lodge: • Screening of potential client of homelessness and referrals to Fern Lodge • Communication plans between all parties during tenancy issues • Coordination between Service Providers and onsite resident service coordinators to further support housed families The services will be provided for: • Communication plans during tenancy issues • Data/reporting duties to track family outcomes V. Period of MOU and Amendments This MOU shall commence on March 21, 2023, and terminate upon written notice provided in this Section. Either Party may terminate this MOU with or without cause upon thirty (30) days written notice to the other Party. Amendments to this written MOU may be made throughout the period of the MOU if in writing and signed by both Parties. I:AcmoAAgreements\Fem_Lodge_MOU_FY22-0078 v2 docx-la VI. Miscellaneous Provisions. (a) Own Costs. This MOU does not require either party to compensate the other party. Each party will be solely responsible for all of its own costs and expenses to carry out performance of such party's obligations outlined in this MOU. (b) Relationship of the Parties. It is understood that no relationship of employment, partnership, joint venture, or agency is created or intended to be created by this MOU and that each party is and shall at all times be an independent contractor with respect to the other party in meeting their respective responsibilities under this MOU. The governing body of each party shall have exclusive control of the policies, management, assets, and affairs of its respective institution. Nothing in this MOU is to be construed as either party assuming any liability for any debts or obligations of either a financial or a legal nature incurred by the other party to this MOU. (c) Confidentiality. The parties shall protect the confidentiality of each other's records and information, and shall not disclose the confidential information without the prior written consent of the other party. This confidentiality requirement shall survive the termination or expiration of this MOU. (d) Compliance with Laws. The parties shall comply with all applicable laws, ordinances, codes, and regulations of federal, state, and local governments. Each party represents and warrants that it is aware of the requirements of the Healthcare Insurance Portability and Accountability Act of 1996, as amended (HIPAA), and will maintain records and practice in a manner consistent with HIPAA regulations. Each party represents and warrants to the other party that neither such party, nor any employee, agent, or contractor of such party who is expected to perform obligations under this MOU, has been excluded from participation in any federal health care program (as defined under 42 U.S.C. Section 1320a-7b(f)). Each party will notify the other within 3 working days should it become excluded/suspended from participating in any such program. (e) Governing Law. This MOU shall be governed by the laws of the State of California. (f) Third -Party Beneficiaries. There are no third -party beneficiaries to this MOU. [Remainder of this page is intentionally blank.] I:AcmoAAgreementsAFem Lodge MOU FY22-0078 v2.docx-la VII. Signatures IN WITNESS WHEREOF, authorized representatives of the parties hereto have set forth their signatures to this MOU. HUMANGOOD AFFORDABLE HOUSING Date: 3,1,2.23 Signature: (?'�yL Print Name: Linda Coleman Title: Vice President of Resident Services CITY OF RE[ Signature: Printed Name: Eddie Tejeda Title: Mayor ATTEST: a e Donaldson, City Clerk 4 1 lcmo\Agreements\Fcm_Lodge_MOU_FY22-0078 v2.docx-la Date: March 21, 2023