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HomeMy WebLinkAboutSTATE OF, CALIFORNIA DEPARTMENT OF GENERAL SERVICESDA h) Return FULLY EXECUTED A-2021-238-01 (T cItso" ) Reset Form PrintFonn SCOID: copy to COTC, M-30 STATE OF C.ALIFORNIA-DEPARIMFMOFGENERAL SERVI STANDARDAGREEMENT A� nw R PURCHASINGAU`n4ORr YNUMBER(IfAppi able) STD213(Rev.0412020) 1-ERAP-20081 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CI;ONfRP.CrQJG AGENCY RAKE `The California Department of Housing and Community Development ONTRACTOR NAME —City of Santa Ana CD W The term of this Agreement is: START DATE Upon the date of the Department representative's signature THROUGH END DATE Five years from the Start Date 3. The maximum amount of this Agreement is: $3,707,486.62 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Authority, Purpose and Scope of Work 5 Exhibit B Budget Detail and Payment Provisions 1 Exhibit C State of California General Terms and Conditions 04I2017 Exhibit D State Rental Assistance Program - Round 2 - General Terms and Conditions 3 Exhibit E Special Terms and Conditions 1 Items shown with an asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at hops://www.das.ca.00v%OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an Individual, state whether a corporation. Partnership, etc.) City of Santa Ana ADDRESS 20 Civic Center Plaza Santa Ana PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge I City Manager CONTRACTOR AUTHORIZED SIGNATURE Ap/pr9ved as to form: Ryi6 O. Hodge Assistant City Attorney ATTEST: By: a City Clerk CA Pagel of2 A-2021-238-01 Reset Form PrintFocm SCOIQ: STATE OF CALIFORNIA-DEPARTMENTOFGENBVLSF_RVi STANDARDAGREEMENT AGREEPoENiNUMEER PURCHASINGAUTKORTTYNUMBER(IfApplipble) sm2ta(Rev.oarzo2o) 1-ERAP-20081 STATE OF CALIFORNIA CONTRACTING AGENC,YNAME The California Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2020 West El Camino Avenue Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE Steven Del Rio Chief, Business and Contract Services Branch CON RACVNG AGENCYAUTHORI) SIGNAIVRE DATE SIGNED A1711 W-' 2/3/22 CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL E%EMPTION(IfApplimble) Exempt -per; SCM Vol. 1 4.04.A.3 (DGS memo dated 06/1211981) Paget oft City of Santa Ana 21-ERAP-20081 Pagel of 5. EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority On March 11, 2021, the American Rescue Plan Act of 2021 (Pub.L. No. 117-2) ("ARPA") was signed into law. Section 3201 of Subtitle B of Title III of ARPA established the federal Emergency Rental Assistance Program ("ERA2"), and authorized the direct allocation of emergency rental assistance funds to states, units of local governments, territories, and high -need grantees. The ERA2 funds are intended to assist households that are unable to pay rent and utilities during or due to the novel coronavirus disease (COVID-19) pandemic. California Assembly Bill No. 832 (Chapter 27, Statutes of 2021) ("AB 832") established Round 2 of the State of California's program for administering its share of ERA2 funds (the "State Rental Assistance Program - Round 2," "SRA2," or "SRA2 Funds"). AB 832 amended Sections 50897, 50897.1, 50897.2, 50897.3, and 50897.4 of, and added Sections 50897.2.1 and 50897.3.1 to, the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1) authorizes the Department of Housing and Community Development (the "Department") to administer the SRA2 Funds in accordance with state and federal law. The Department and the City of Santa Ana ("Locality") enter into this STD 213, Standard Agreement ("Agreement") under the authority and in furtherance of the State Rental Assistance Program - Round 2. This Agreement is governed by the following laws (collectively, the "Program Requirements"), and each of the following laws is hereby incorporated by reference and made a part hereof: A. AB 832, as enacted on June 28, 2021, and as such law may be subsequently amended; B. The Department's State Rental Assistance Program Guidelines - Emergency Rental Assistance (ERA) Rounds 1 and 2 Implementation, dated September 27, 2021 (the "Guidelines"), and as such Guidelines may be subsequently amended; C. ARPA and related federal guidance, and as such laws may be subsequently amended; and D. All other applicable law. State Rental Assistance Program - Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 121312021 EXHIBIT A 2. Purpose City of Santa Ana 21-ERAP-20081 Page 2 of 5 The State Rental Assistance Program — Round 2 is an extension of the ERA2 and, as such, it is intended to provide Rental Assistance (as defined below) to eligible households. Pursuant to Section 3201 of Subtitle B of Title III of ARPA, the Locality received an allocation of ERA2 funds from the U.S. Department of the Treasury ("Treasury")•(this amount, and any and all additional tranches thereof, the Locality's "Direct Federal " Allocation -- 2"). Locality plans to administer its Direct Federal Allocation — 2 and acknowledges that the Direct Federal Allocation — 2 is subject to the requirements of ARPA and Treasury interpretive guidance and to all such requirements as may be subsequently amended, Locality desires to receive an allocation of SRA2 Funds pursuant to Health and Safety Code section 50897.2.1, subdivision (a)(1) or (2) (this amount, and any and all additional tranches thereof, the Locality's "Block Grant Award —,2".). As authorized by Health and Safety Code section 50897.2.1, subdivision (a)(2), the Department may verify the Locality's operational readiness and capacity prior to and during Locality's utilization of the Block Grant Award — 2. If there are outstanding verification items, they are set forth at Exhibit E of this Agreement, and they must be addressed or satisfied, to the Department's reasonable satisfaction, before disbursements of the Block Grant Award — 2. By entering into this Agreement, Locality agrees to utilize its Direct Federal Allocation — 2 in compliance with the Program Requirements. Locality's failure to comply with this requirement may result in the Department recouping the Block Grant Award — 2 from the Locality. By entering into this Agreement, the Locality agrees to utilize its Block Grant Award — 2 in compliance'with the Program Requirements and the terms and conditions of this Agreement. Locality further agrees that it will distribute the Block Grant Award - 2 equitably and consistent with demonstrated need within its jurisdiction. Locality further agrees that it will not institute additional programmatic requirements that may inhibit participation in its program of Rental Assistance (as defined below). By entering into this Agreement, Locality agrees that it is solely responsible for compliance with all applicable management, implementation, and reporting requirements established under state and federal law. State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option 13) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 12/312021 EXHIBIT A 3. Definitions City of Santa Ana 21-ERAP-20081 Page 3 of S Any terms that are not defined in this Agreement shall have the definitions set forth in the Program Requirements. In. the event of any conflict, the definitions set forth in ARPA shall be controlling. A. "Department" means the Department of Housing and Community Development. 13. "Locality" means the entity entering into this Agreement with the Department under the authority and in furtherance of the State Rental Assistance Program — Round 2. The Locality is also identified as "Contractor" on the form STD 213 portion of this Agreement. Furthermore, all obligations applicable to the. Contractor as set forth in Exhibit C hereof shall apply to Locality. C. "Rental Assistance" means payments of rental arrears; prospective rent payments; utilities, including arrears and prospective payments; and any other expenses related to housing, as defined by the Secretary of the Treasury. 4. Scone of Work A. Locality shall.administer its Direct Federal Allocation — 2 and its Block Grant Award — 2 in accordance with the Program Requirements. B. Locality shall use its best efforts to prevent incidents of fraud and duplication of benefits during its administration of the Block Grant Award — 2. C. Locality shall apply the Block Grant Award — 2 funds towards the eligible uses and compensation requirements specified at Health and Safety Code section 50897.1 and, upon approval by the Department, the other eligible uses provided in Section 3201(d)(1)(D) of Subtitle B of Title III of ARPA. Locality shall use its best efforts to ensure that only eligible applicants receive Rental Assistance under this Agreement. Locality shall prioritize payments of Rental Assistance in accordance with the Program Requirements. D. Locality may use up to 10 percent of the Block Grant Award — 2 for housing stability services (e.g., case management); provided that such use complies with the Program Requirements. E. Locality may use up to 13.5 percent of the Block Grant Award — 2 for administrative costs attributable to providing financial assistance, housing stability services, and other affordable rental housing and eviction prevention activities (e.g., data State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 121312021 City of Santa Ana 21-ERAP-20081 Page 4 of 5 EXHIBIT A collection and reporting requirements related to such funds). The funds may be used to cover both direct and indirect administrative costs. F. Locality shall track its separate expenditures of its Direct Federal Allocation — 2 and its Block Grant Award —.2, and it shall maintain a clear accounting of same. G. Locality shall contractually obligate at least 75 percent of the first tranche of its Block Grant Award — 2 by October 31, 2021. Locality shalt contractually obligate 50 percent of its'total Block Grant Award — 2 by January 31, 2022. If Locality fails to meet an obligation deadline, Locality shall repay to the Department the amount of the Block Grant Award — 2 that has not been contractually obligated or expended by that deadline. However, the Department may waive this repayment requirement if Locality demonstrates, to the Department!a satisfaction, that Locality will contractually obligate and expend any unused Block Grant Award — 2 funds within the timefrarmes specified in federal law. H: All Block Grant Award — 2 funds shall be expended timely and consistent with the Program Requirements, or the funds may be recaptured by the Department and reallocated to other jurisdictions, as authorized. All Block Grant Award — 2 funds are subject to the same reporting and. verification requirements specified at Section 501(g) of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Pub.L. No.116-260). Locality shall, in addition, provide any other information that the Department deems necessary for purposes of the State Rental Assistance Program — Round 2, including, but not limited to, quarterly activity reports and weekly financial reports. Such reports shall be in form and substance satisfactory to the Department. J. Locality shall maintain records (e.g., work plans, operational documents, financial documents) sufficient to support compliance with the Program Requirements. The Department, the Treasury Office of Inspector General, and the Government Accountability Office, or their authorized representatives, shall have the right of access to such records (electronic and otherwise) in order to conduct audits or other investigations. Locality shall maintain such records for a period of five (5) years after the expiration of this Agreement. 5. State Rental Assistance Program — Round 2, Contract Management A. Department's Contract Coordinator. The Department's Contract Coordinator for this Agreement is the Program Manager of the State Rental Assistance Program — Round 2 in the Department's Division of Federal Financial Assistance, or that person's designee. Locality shall mail any notice, report, or other communication State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option 6) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 12/3)2021 City of Santa Ana 21-ERAP-20081 Page 5 of 5 EXHIBIT A required under this Agreement by First -Class Mail, through a commercial courier, or via electronic transmittal to the Department's Contract Coordinator at the addresses specified below. All other communication regarding this Agreement shall be directed to the Department's Contract Coordinator as appropriate. State Rental Assistance Program — Round 2 Attention: Contract Coordinator Division of Federal Financial Assistance Department of Housing and Community Development 2020 W. El Camino Avenue, 95833 P.O. Box 952054 Sacramento, CA 94252-2054 erap(hcd.ca.goy B. Locality's Contract Coordinator. Locality's Contract Coordinator for this Agreement is identified below. Unless otherwise informed, the Department shall mail any notice, report, or other communication required under this Agreement by First -Class Mail, through a commercial courier, or via electronic transmittal to the Locality's Contract Coordinator at the addresses specified below. The Department will direct all other communication regarding this Agreement to the Locality's Contract Coordinator as appropriate. Judson Brown, Housing Division Manager Community Development Agency 20 Civic Center Plaza (M-26) Santa Ana, CA 92702 (714) 667-2241 jbrown@santa-ana.org State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 12/3/2021 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Budget Detail City of Santa Ana 21-ERAP-20081 Page 1 of 1 Locality has been awarded a Direct Federal Allocation - 2 and a Block Grant Award — 2 In the amounts specified at Exhibit E of this Agreement.. These amounts may be increased to the extent the Treasury makes additional tranches of funding available. The Department and the Locality s.hall amend this -Agreement, as appropriate, to reflect any increase in the Block Grant Award — 2. Upon satisfaction of the below Conditions of•Performance, as well as any relevant conditions specified at Exhibit E of this Agreement, the Department shall make the Block Grant Award — 2 to the Locality by issuing a warrant payable to the Locality within 30 days of the execution date of this Agreement. The parties may agree in writing that, In lieu of a warrant, the Locality may receive the Block Grant Award — 2 through an electronic funds transfer. 2. Conditions of Performance The Department will make the Block Grant Award — to the Locality after this Agreement has been fully executed, and after the Department receives an authorizing resolution from the Locality that, in the Department's reasonable determination, materially comports with the Program Requirements. 3. Reallocation of Unexpended Funds The Locality shall, consistent with Program Requirements, provide the Department a written accounting of its obligation and expenditure of all Block Grant Award — 2 funds. The form, substance, and timing of this written accounting shall be determined by the Department in its reasonable discretion. The Locality shall thereafter cooperate with the Department's recapture and- reallocation:of any unused funds, as authorized. State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 9/30/2021 Prep Data: 12/3/2021 City of Santa Ana 21-ERAP-20081 Page 1 of 3 EXHIBIT D STATE RENTAL ASSISTANCE PROGRAM — ROUND 2 GENERAL TERMS AND CONDITIONS Effective Date, Term of Agreement, and Timing A. This Agreement, when fully executed by the Department and the Locality, is effective upon the date of the Department representative's signature on the STD 213, Standard Agreement (such date, the "Effective Date"). B. This Agreement shall terminate five (5) years after the Effective Date (such date, the "Expiration Date.). C. Locality shall make its best efforts to meet the obligation deadlines specified by this Agreement and the Program Requirements, to avoid the Department's recapture and reallocation of unobligated or unused funds, as authorized. D. All Block Grant Award — 2 funds shall be expended timely and consistent with the Program Requirements, or the funds may be recaptured by the Department and reallocated to other jurisdictions, as authorized. 2. Termination for Cause The Department or the Locality may terminate this Agreement for cause at any time by giving at least fourteen (14) calendar days' advance written notice to the other party. Locality shall return any unexpended Block Grant Award — 2 funds plus all accrued interest to the Department within fourteen (14) calendar days of the date on the written notice of termination, unless (1) the parties have agreed upon an alternate arrangement in advance and in writing; or (ii) an alternate arrangement is necessary for one or both parties to remain in compliance with the 1=RA2, or applicable law. Cause shall consist of either party's violation of the Program Requirements, material breach of the Agreement, or failure to satisfy any of the terms or conditions of this Agreement. 3. Cancellation A. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made. State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Lccality: City of Santa Ana Approved: 9130/2021 Prep Date: 12/3/2021 City of Santa Ana 21-ERAP-20081 Page 2 of 3 EXHIBIT D B. This Agreement. is valid and enforceable only if sufficient funds are made available to the State of California by the United States Government for fiscal years 2021-2022 through 2025-2026 for the purpose of emergency rental assistance. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted, by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner. C. The parties mutually agree that if the Congress does not appropriate sufficient funds for the ERA2, this Agreement -shall be amended to reflect any subsequent reduction in SRA2 funds. D. The Department may cancel this Agreement, in whole or in part, if (1) sufficient funds are not made available by the United States Government; (ti) Congress enacts any restrictions, limitations, or conditions that impact this Agreement or the funding of this Agreement; or (iii) cancellation is otherwise permitted under state contracting law. E. To cancel this Agreement pursuant to this paragraph, the Department shall give thirty (30) calendar days' advance written notice to the Locality. The Locality shall return any undisbursed portion of its Block Grant Award — 2 to the Department within thirty (30) calendar days from the date on the Department's written notice of termination, unless (1) the parties have agreed upon an alternate arrangement in advance and in writing; or (ii) an alternate arrangement is necessary far one or both parties to remain in compliance with the ERA2, the SRA2, or applicable law. 4. Termination Without Cause The Department may terminate this Agreement at any time, without cause, by providing thirty (30) calendar days' advance written notice to Locality. Locality shall return any unexpended Block Grant Award — 2 funds to the Department within thirty (30) calendar days from the date on the Department's written notice of termination, unless (i) the parties have agreed upon an alternate arrangement in advance and in writing; or (if) an alternate arrangement is necessary for one or both parties to remain in compliance with the ERA2, the SRA2, or applicable law. 5. Entire Agreement; Severability This Agreement constitutes the entire agreement between the Department and the Locality. All prior representations, statements, negotiations and undertakings with regard to the subject matter hereof are superseded hereby. In the event any term or provision of this Agreement is deemed to be in violation of law, null and void, or otherwise of no force or effect, the remaining terms and provisions of this Agreement shall remain in full force and effect. State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 12/3/2021 City of Santa Ana 21-ERAP-20081 Page 3 of 3 EXHIBIT D 6. Waivers No waiver of any breach, violation of, or default under this Agreement shall be deemed to be a waiver of any other or subsequent breach or violation thereof or default thereunder. FA This Agreement is subject to the administrative requirements, cost principles, and audit requirements for federal awards to non—federal entities, which are set forth at 2 Code of Federal Regulations part 200. 8. Compliance with State and Federal Law The Department, the Locality, and their respective appointees, employees, contractors, and agents shall comply with all state and federal laws, statutes, regulations, guidelines, guidance, and executive orders in their performance under this Agreement. 9. Defense and Indemnification Locality acknowledges that it is an essential term of this Agreement that the Locality use its best efforts to prevent incidents of fraud and duplication of benefits during its administration of the Block Grant Award — 2. Locality agrees to indemnify, defend and save harmless the State of California, the Department, and their respective appointees, officers, agents, and employees from any and all claims and losses accruing or resulting from illegitimate or duplicative payments of Rental Assistance, whether resulting from the negligence, willful misconduct, intentional misrepresentation, negligent misrepresentation, or deceit of the applicants for the Rental Assistance, the Locality (or any of its appointees, officers, agents, and - employees), or any other third party. The foregoing obligations shall not apply to any Instance where the State of California, the Department, or their respective appointees, officers, agents, or employees commit the negligence, willful misconduct, intentional misrepresentation, negligent misrepresentation, or deceit. State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 1213/2021 City of Santa Ana 21-ERAP-20081 Page 1 of 1 EXHIBIT E SPECIAL. TERMS AND CONDITIONS . 1. Locality's Direct Federal Allocation — 2 and Block Grant Award — 2 Locality has received a Direct Federal Allocation — 2 in the amount $14,026,593.90. This amount is subject to increase if Treasury makes additional trenches. of ERA2 funds available. The Department is making a Block Grant Award — 2 to Locality in the amount of $3,707,486.62. This amount is subject to increase if Treasury makes additional tranches of ERA2 funds available, or if the Department reallocates funds as authorized. 2. The Locality and any of its contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with "Limited English Proficlency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d' et seq., as implemented by the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made.a part of this Agreement. 3. Additional statutes and regulations prohibiting discrimination are applicable to this Agreement and include, without limitation, the following: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d at seq.) and Treasury's implementing regulations at 31 CFR Part 22; b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); d. The Age Discrimination Act of 1975, as amended (42 U.S.C, § 6101 et seq.); e. Title Il of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); and f. The State of California nondiscrimination statutes, regulations, and standards set forth and identified at Exhibit C of this Agreement. State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 10/1512021 Prep Date: 12/21/2021