REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 19, 2025
FROM
GEORGINA YOSHIOKA, Director, Department of Behavioral Health
SUBJECT
Title
Non-Financial Memorandum of Understanding with the Housing Authority of the County of San Bernardino for the Mainstream Voucher Program
End
RECOMMENDATION(S)
Recommendation
Approve non-financial Memorandum of Understanding, including non-standard terms, with the Housing Authority of the County of San Bernardino, for the Mainstream Voucher Program, for the period of September 1, 2025, through August 31, 2030.
(Presenter: Georgina Yoshioka, Director, 252-5142)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item does not impact Discretionary General Funding (Net County Cost), as this Memorandum of Understanding (MOU) is a non-financial in nature. The Department of Behavioral Health (DBH) provides support services as an in-kind service match for housing subsidies through the Housing Authority of the County of San Bernardino’s (HACSB) Mainstream Voucher Program (Program).
BACKGROUND INFORMATION
DBH is responsible for providing mental health and Substance Use Disorder (SUD) services to San Bernardino County (County) residents experiencing severe mental illness and/or SUD. In August 2020, HACSB received grant funding from the United States Department of Housing and Urban Development for the Program. A requirement of the grant is to have an in-kind service provider to provide supportive services to individuals and families participating in the Program. DBH has been providing these in-kind services since that time. The in-kind services include case management, employment assistance, housing/counseling, life skills, mental health services, SUD treatment, and transportation for the individuals and families participating in the Program.
Housing subsidies for approximately 372 Mainstream Vouchers are available. HACSB will work with DBH and other service providers to identify eligible individuals and families for the Program. HACSB will administer the housing subsidies and corresponding family obligation requirements, while DBH will provide supportive services, such as mental health and SUD services, and refer eligible households for assistance with housing subsidies and the application process. DBH will also provide services to Medi-Cal eligible individuals who meet medical necessity for Specialty Mental Health Services.
The MOUs with HACSB include terms that differ from the standard County contract. These non-standard terms include the following:
1. There is a mutual indemnification whereby each party is required to defend, indemnify, and hold the other party harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the performance of the MOU but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts of the other party.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify HACSB, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time-limited or expense-limited could be brought against HACSB without such limitations and the County could be responsible to defend and reimburse HACSB for costs, expenses, and damages, which could exceed the non-financial amounts of the MOUs.
2. The MOUs do not require HACSB to meet the County’s insurance standards as required pursuant to County Policies 11-05, 11-07 and 11-07SP.
• County policy requires contractors to carry appropriate insurance as limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that HACSB will be financially responsible for claims that arise under the MOUs, which could result in expenses to the County that exceed the non-financial amounts of the MOUs.
Approval of this item will allow HACSB to continue to provide housing subsidies and DBH to continue to provide in-kind supportive services to individuals and families in need. DBH is responsible for turning in a quarterly report to HACSB. HACSB will review, monitor, and evaluate program outcomes to ensure adherence to the requirements of the grant.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by Behavioral Health (Lisa Rivas-Ordaz, Contracts Supervisor, 383-3940) on July 17, 2025; County Counsel (Dawn Martin, Deputy County Counsel, 387-5455) on July 31, 2025; Risk Management (Greg Ustaszewski, Staff Analyst II, 386-9008) on August 5, 2025; and County Finance and Administration (Allegra Pajot, Administrative Analyst, 388-0218) on August 4, 2025.