Loading...
HomeMy WebLinkAboutSALVATION ARMY (6),INSURANCE NOT ON FILE °WVORK MAY NOT PROCEED CLERK OF COUNCIL cc DATE: 0 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SALVATION ARMY FOR USE OF A-2021-107-09A THE SECOND ALLOCATION OF EMERGENCY RENTAL ASSISTANCE PROGRAM (ERA2) FUNDS �: LDfl � luasovtBreWn)�D)'(.T THIS FIRST AMENDMENT TO THE AGREEMENT FOR USE OF THE SECOND ALLOCATION OF EMERGENCY RENTAL ASSISTANCE PROPGRAM (ERA2) FUNDS is entered into this 1st day of October, 2021, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and The Salvation Army, a California nonprofit corporation ("Subrecipient'). RECITALS: A. On August 1st, 2021, the City entered into an Agreement for the use of the Second Allocation of Emergency Rental Assistance Program (ERA2) Funds, Subrecipient Agreement #A-2021-107-09, with Subrecipient to provide ERA2 Funds from the Department of Treasury to be used in the operation of a public service program to provide rental relief for residents of the City of Santa Ana ("said Agreement'). B. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to provide flexibility in the amount of funds provided to the Subrecipient in order to assist additional families with emergency rental assistance, as well as to add requirements regarding Title VI of the Civil Rights Act. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section I, subsection C, shall be amended to read as follows: "Amount of Grant Fundine. Subrecipient is one of several entities selected to approve the distribution of ERA2 Funds. City neither warrants nor guarantees any minimum or maximum amount of ERA2 Funds for Subrecipient to approve. The total amount of ERA2 Funds provided for said program shall not exceed twelve million, forty-five thousand, three -hundred and thirty-seven dollars and fifty cents ($12,045,337.50), which includes both Direct Financial Assistance and Administrative Funds, during the Term of the Agreement. City will allow Subrecipient to approve some portion of this maximum amount of ERA2 Funds, subject to availability. Subrecipient agrees to administer said program as outlined in Exhibit A, and within the terms of this Agreement, and to use said ERA2 Funds to administer said program pursuant to the regulations in Exhibit B attached hereto and incorporated herein by reference." 2. Section I, subsection C(1), shall be amended to read as follows: "Direct Financial Assistance. Subrecipient will potentially be responsible to approve the payment of direct financial assistance for up to an amount not to exceed eleven million, nine hundred and twenty-two thousand, six -hundred and four dollars and eighty-two cents ($11,922,604.82), subject to availability, to be used for grants to eligible participants in said program in accordance with Exhibit A. The direct financial assistance will be disbursed by Orange County United Way as a third party on behalf of the Subrecipient and City under a separate Agreement. Additionally, Subrecipient may expend up to one -hundred and forty-nine thousand, thirty-two dollars and fifty-six cents ($149,032.56) of the Direct Financial Assistance for housing stability services to include, among other things: eviction prevention and eviction diversion programs; mediation between landlords and tenants; housing counseling; fair housing counseling; housing navigators or promotoras that help households access ERA programs or find housing; case management related to housing stability; housing -related services for survivors of domestic abuse or human trafficking; legal services or attorney's fees related to eviction proceedings and maintaining housing stability; and, specialized services for individuals with disabilities or seniors that support their ability to access or maintain housing." 3. Section IV, subsection A(2), shall be appended to add the following: "Subrecipient agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between Subrecipient and Subrecipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee 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 Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title V1 also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement. " 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. 2 A-2021-107-09A u/ IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City A By. RY O. ODGE Assi t C ty Ail omey RECOMMENDED FOR APPROVAL: STEVEN MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager SUBRECIPIENT: The Salvation Army, a California corporation -T=TrHH8i s KELLY PONTSLEA �~ D# 94-1156347EASURER Paaff . SCOPE OF WORK 19 City of Santa Ana ERA2 Scope of Work August 1, 2021 - March 31, 2022 Name of Organization The Salvation Army _ Name of Funded Program CARES for Tenants Performance Goal Unduplicated Participants antic pated to be served duringthe 8-month Schedule of Performance. t___.._, 600 TOTAL _ 298 Santa Ana Participants — 100% 298 Low Income Participants 100% Schedule of Performance Unduplicated (estimated) Month 1: AUG 1 - AUG 31 Month 2: SEP 1 - SEP 30 Month 3: OCT 1 - OCT 31 Month 4: NOV 1 - NOV 30 Month 5: DEC 1 - DEC 31 Month 6: JAN 1 - JAN 31 Month 7: FEB 1 -FEB 28 Month 8: MAR 1 -MAR 31 Program and Funding Description Administrative Costs Housing Stabilization Services $ 5,840.70 $ 19,482.00 $ 19,482.00 $ 19,482.00 $ 19,482.00 $ 19,482.00 19,482.00 122.732.70 $ 24,838.76 $ 24,838.76 $ 24,838.76 $ 24,838.76 $ 24,838.76 $ 24,838.76 $ 149. 332.66 Families at risk of homelessness due to a financial crisis because of COVID-19 are eligible for a one-time payment of 100% of their rental arrears/past due rent owed since April 1, 2020, payable to their landlord on their behalf or directly to the family if the landlord refuses to participate. -The Salvation Army will prioritize new applicants according to Area Median Income (AMI), with 50% AMI resident applications being reviewed first, las much of the $12,045,337.50 as possible -The Salvation Army will administerin direct financial assistance for approximately 600 families. The total assistance available per household Is equal to 100% of their rental arrears/past due rent owed since April 1, 2020, up to a maximum of 15 months. The number of 60o families to be assisted assumes that the average rental arrears per family equals $5,000 per household. The total number of families assisted will vary according to the total amount of past due rent approved per household. -The Salvation Army will assist households with rental arrears/past due rent due to the COVID-19 global pandemic up to the maximum amount of $11s2z,5oa.a2 in direct financial assistance by providing a one-time payment for past due rent. -Direct assistance may only be approved in compliance with Section 32.01(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently Asked Questions established for the Program. Eligibility Criteria: -Santa Ana resident with an obligation to pay rent -Household income below 80% of the area median income (with a priority for residents with income below 50% of the Area Median Income) -A household member that has a reduction of income or other financial hardship due to COVID-19 -At risk of experiencing homelessness or housing instability Program Details: -Residents will apply online via the Neighborly Software application portal available on the City of Santa Ana's website following the CARES for Tenants Program Guidelines and Frequently Asked Questions. EXHIBIT A -The Salvation Army will determine the eligibility of applicants for the program, Including: application review; eligibility verification; collection of required supporting documentation; communication/coordination with the applicant; coordination with the applicant's landlord for the tenant's lease/sublease agreement, past due rent amount, and rent ledger; general determination of eligibility of the applicant, -The Salvation Army is responsible to ensure that each tenant is qualified and determined eligible In compliance with Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently Asked Questions established for the Program. -After the family is determined eligible, The Salvation Army will approve the applicant for assistance in the Neighborly Software application portal and the City will send the approved application information to the United Way of Orange County who will act as the payor and make payment to the tenant's landlord on behalf of the tenant after all required landlord documentation/information is received. The United Way of Orange County will make payment to the tenant if the landlord refuses to participate in the program. -The Salvation Army will submit invoices for reimbursement of administrative expenses on a monthly basis before the 20th day of every month, Wand Housing Stabilisation Services -ERAP funding will generally be used for administrative expenses for The Salvation Army to determine the eligibility of -The Salvation Army will provide weekly updates (performance reports) to the City and will ensure that all applicant Information is correct, complete and curent for all applications assigned to them in Neighborly Software. -The Salvation Army will monitor the payment approvals such that no more than in direct financial assistance is approved for eligible tenants. Any additional payments approved by The Salvation Army beyond t t,gzz,soa.s2 in direct financial assistance will be charged back to The Salvation Armv as an administrative exnen. . EXHIBIT A 20 PROGRAM BUDGET Organization Name The Salvation Army Program Name CARES for Tenants EXPENDITURES Enter budget categories and projected expendituresfor the proposedprogram: Expenditures Funded By Expenditures Total Santa Ana Funded By program Organization Category ERAP Other Sources Budget Budget Administrative costs attributable to providing Direct Financial Assistance $122,732 $122,732 $ 122,732 Housing Stability Services 149,032 1 $ 1 149.032 $ 149.032 $0 $ 1 $0 $ $ I $0 $ TOTAL BUDGET $271,764; $0 $271,764, $271,764, PROGRAM RESOURCES LIST ALL OTHER PROGRAM RESOURCES Funding Source Total must equal Program Budget Total listed above. FUNDING SOURCE AMOUNT Santa Ana ERAP $ 271,764 TOTAL $ 271,764 EXHIBIT B ERA2 BUDGET LINE ITEMS CirlullilF'3Y:7si7Pl#ir:1�3 Position Title Annual Salary & Benefits ERAP Funds Requested Description Application review; eligibility verification; collection of required supporting documentation; Administrative costs communication/coordination with the applicant; attributable to approving $ 122,732 coordination with the applicant's landlord for the families for Direct Financial tenants lease/sublease agreement, past due rent Assistance amount, and rent ledger; general determination of eligibility of the applicant; and administrative fee to staff the program. PROGRAM STAFF Position Title Annual Salary & Benefits ERAP Funds Requested Description CONTRACTUAL/PROFESSIONAL SERVICES Type of Service Contract Amount ERAP Funds Requested Description OTHER LINE ITEMS Program ERAP Funds Line Item Amount I Requested Description Staff and other costs $ 149,032 to include, among other things: attributable to providing Housing stabilization services eviction prevention and eviction diversion programs; mediation between landlords and tenants; housing counseling; fair housing counseling; housing navigators or promotoras that help households access ERA programs or find housing; case management related to housing stability; housing - related services for survivors of domestic abuse or human trafficking; legal services or attorney's fees related to eviction proceedings and maintaining housing stability; and, specialized services for individuals with disabilities or seniors that support their ability to access or maintain housing; and, a 23.2% fee per the Predetermined aereed rate. *See Exhibit B-2 EXHIBIT B-1 Exhibit B-2 NONPROFIT RATE AGR9SHE NT BIN: AATE:05/21/2020 ORGANIZATION: FILING REF.: The preceding Salvation Army Western Territory agreement was dated 280 East Ocean Blvd. 10/14/2016 Long Beach, CA 90802-4709 The rates approved in this agreement are for use on grants, contracts and other agreements with the Federal government, subject to the conditions in Section III. SECTION I: INDIRECT COST RATES RATE TYPES: FIXED FINAL PROV. (PROVISIONAL) PROD. (PREDETERMINED) EFFECTIVE PERIOD TYPE P.EQDd zo RATEVk) I1QCATION APPLICABLE TO FINAL 10/01/2018 09/30/2019 23.20 All All Programs PRED. 10/01/2019 09/30/2022 25.50 All All. Programs PROV. 10/01/2022 09/30/2025 25.50 All All Programs Agreed between Santa Ana and The Salvation Army *..BASE Total direct costs excluding capital expenditures (building, individual items of equipment] alterations and renovations), that portion of each subaward in excess of $25,000, Page 1 of 3 N15864 ORGANIZATION: Salvation Army Western Territory AGREEMENT DATE: 5/21/2020 SECTION Its SPSCIAA RX)U S TH ATtJENT OF FRINGE HF.NRFTTS; The fringe benefits are specifically identified to each employee and are charged individually as direct costs. The directly claimed fringe benefits are listed below. TREATMENT OF PAID ABSENCES Vacation, holiday, sick leave pay and other paid absences are included in salaries and wages and are claimed on grants, contracts and other agreements as part of the normal cost for salaries and wages. Separate claims are not made for the cost of these paid absences. DEFINITION OF EQUIPMENT Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per -unit acquisition cost which equals or exceeds $5,000. The following fringe benefits are treated as direct costs: FICA TAXES, WORKERS COMPENSATION, HEALTH INSURANCE, UNEMPLOYMENT INSURANCE, AND RETIREMENT. PREDETERMINED RATES Upon receipt of any Federal awards that may significantly impact the existing rates, you must contact CAS immediately, as rate adjustments may be required. In addition, predetermined rates cannot be used for Federal cost reimbursement contracts. Therefore, if you receive a Federal cost reimbursement contract, you must also notify CAS immediately. NEXT PROPOSAL DUE DATE A proposal based on actual costs for fiscal year ending 09/30/21, will be due no later than 03/31/22. Page 2 of 3 ORGANIZATION: Salvation Army Western Territory AGREEMENT DATE: 5/21/2020 SECTION IIIE GENERAL A. kUUZhTrnwe. The rates in this Agreement are subject to any statutory or administrative limitations and apply to a given grant, contract or other agreement only to the extent that funds are available. Acceptance of the rates is subject to the following conditfonsx (1) Only costa incurred by the Organization were included in its indirect Met pool so finally_ accepted, Such coots are legal obligations of the organization and are allowable under the governing cost principles, (2) The memo Coats that have been treated as indirect costa are not claimed as direct coats; (2) Similar types of coots have been accorded Consistent accounting treatment; and (4) The information provided by the.organization which was used to establish the rates i0 not later found to be. materially incomplete or inaccurate by the Federal Government. In such Situations the stela) would be Subject to renegotiation at the discretion of the Federal Government. A. ACCOUNTING CHANGES, This Agreement is based on the accounting system purported by the organization to be in effect during the Agreement Period. Changes to the method of accounting for coots which affect the amount of reimburoemant resulting from the use of this Agreement require prior approval of the authorized representative of the cognizant agency. Such changes include, but are not limited to, changes in the charging of a particular type of Coat from indirect to direct. Failure to obtain approval may result in coot disallowances. C. EIRmn RATA if a fired rate is 1n this Agreement, 1t is based on an estimate of the costs for the period covered by the rate, when the actual costa for this period are determined, an 4d3uatment will be made to a note of A future years) to compensate for the difference between the costa used to establish the fixed rate and actual costs. B, nee HY OTRER PM a; A^AN sae The rates in this Agreement war* approved in accordance with the authority in Title 2 of the Code of Federal Regulations, Part 200 (2 CPR 200), and should be applied to grant*, Contracts and other agreements covered by 2 CFR 200, subject to any limitations in A Above. The organization may provide copies of the Agroanent to other Federal Agencies to give them early notification of the Agreement. E. OTHER, If any Federal contract, grant or other agreement in reimburaing indirect coats by a mess. other than the approved zacelei in this Agreement, the organization should (i1 credit such coats to the affected program, and (2) apply the approved rat*(*) to the appropriate base to identify the proper amount of indirect coats allocable to these programs, BY THE INSTITUTION: ON BEHALF OF TUB FEDERAL GOVERNMENT, Salvation Army western Territory DEPARTMENT OF HEALTH AND HUMAN SERVICES (INSTETUT_- (SIONATURS) (TITLE) 619 2U2a (DATE) Page 3 of 3 i Arif Karim (NAME) Director. Cost Allocation Services (TITLE) SJ21/2020 (DATE) 5E54 RUS RRPRBSBNTATIVE: Jeffrey Warren Telephone: (415) 437-7820