HomeMy WebLinkAboutSALVATION ARMY, THEit .iRANGE f1OT ON FILE A-2021-238-08
RK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
0:CP6 CI) THE SALVATION ARMY FOR USE OF
STATE RENTAL ASSISTANCE PROGRAM — ROUND 2 (SRA2) FUNDS
This Agreement is hereby made and entered into this I' day of March, 2022, by and between
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
N Constitution and laws of the State of California ("CITY"), and The Salvation Army, a California
nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR').
r RECITALS:
Q
A. On March 11, 2021, the federal 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 or utilities during or due to the COVID-19 pandemic.
B. 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" or "SRA2" or "SRA2 Funds"). Health and
Safety Code section 50897.1, subdivision (a)(1) authorized the Department of Housing and
Community Development ("HCD") to administer the SRA2 Funds in accordance with state
and federal law.
C. CITY desires to obligate and disburse an allocation of SRA2 Funds pursuant to Health and
Safety Code section 50897.2.1, subdivision (a)(1) or (2). Accordingly, HCD and the CITY
entered into STD 213 Standard Agreement #2 1 -ERAP-20081 ("State Agreement") under the
authority and in furtherance of the State Rental Assistance Program — Round 2, attached
hereto as Exhibit H and incorporated herein by reference.
D. CITY intends to use its SRA2 funds to make subawards to other entities, including non-profit
organizations, to administer an SRA2 program on behalf of the CITY. The SRA2 funds will
be used for direct financial assistance, including rent, rental arrears, utilities and home energy
costs, utilities and home energy costs arrears, and other expenses related to housing.
Remaining funds are available for administrative costs.
E. SUBRECIPIENT has been selected by the CITY to receive SRA2 Funds in order to
administer the CITY's CARES for Tenants Program, in accordance with the Scope of Work
attached hereto as Exhibit A and incorporated herein by reference ("said program").
SUBRECIPIENT represents that it is qualified and willing to operate said program and
certifies that the administration of said program carried out with funds provided under this
Agreement will meet the SRA2 objectives to respond to this historic COVID-19 public health
crisis.
F. SUBRECIPIENT agrees that it will adhere to the eligibility requirements, required
documentation, and project expectations as indicated in Exhibit A for said program and in
compliance with: Section 3201(a) of the American Rescue Plan Act of 2021 and related
federal guidance, and as such federal law may be subsequently amended; the Department of
Treasury's Frequently Asked Questions (FAQs), and as such FAQs may be subsequently
amended; AB 832, as enacted on June 28, 2021, and as such state law may be subsequently
amended; HCD's State Rental Assistance Program Guidelines — Emergency Rental
Assistance (ERA) Rounds 1 and 2 Implementation, dated September 27, 2021, and as such
Guidelines maybe subsequently amended; the Santa Ana Program Guidelines and Frequently
Asked Questions established for said program, and as such Guidelines and FAQs may be
subsequently amended; and all other applicable law. Failure to follow the requirements and
meet the stated expectations may constitute breach of contract that could result in termination
of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to
SUBRECIPIENT pursuant to this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. SRA2 PROVISIONS
A. Scone of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the size of the
grant, the eligibility requirements, the eligible expenses for said program, the disbursement of funds,
the required information/documents to qualify for grant award, and the project expectations as
described in the Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure to perform
as required may, in addition to other remedies set forth in this Agreement, result in readjustment of
the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on the date fast
written above and continue through August 31, 2022 ("Term"), unless terminated earlier pursuant
to the terms of this Agreement. This Agreement shall also cover any and all services provided by
the SUBRECIPIENT to the CITY since the date the CITY allocation of SRA2 Funds was awarded
to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by
the City Manager, or her designee, and the City Attorney.
C. Amount of Grant Funding. SUBRECIPIENT is one of several entities selected to
approve the distribution of SRA2 Funds. CITY neither warrants nor guarantees any minimum or
maximum amount of SRA2 Funds for SUBRECIPIENT to approve. The total amount of SRA2
Funds provided for said program shall not exceed Eight Million, One Hundred Ten Thousand, One
Hundred Twenty -Six Dollars and Ninety -Eight Cents ($8,110,126.98), 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 ofERA2 Funds, subject
to the availability of funds. SUBRECIPIENT agrees to administer said program as outlined in
Exhibit A, and within the terms of this Agreement, and to use said SRA2 Funds to administer said
program pursuant to the regulations in Exhibit B attached hereto and incorporated herein by
reference.
E!
(1) Direct Financial Assistance. SUBRECIPIENT will potentially be responsible
to approve the payment of direct financial assistance for up to an amount not to exceed Eight Million,
Seventeen Thousand, Four Hundred Thirty -Nine Dollars and Eighty -Two Cents ($8,017,439.82),
subject to the availability of funds, 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.
The responsibility to approve the payment of direct financial assistance is shared with other
SUBRECIPIENTS.
Additionally, SUBRECIPIENT may expend up to Eight Hundred One Thousand,
Seven Hundred Forty -Three Dollars and Ninety -Eight Cents ($801,743.98) of the Direct Financial
Assistance for housing stability services to include, among other things: case management, legal
support to prevent eviction, tenant -landlord mediation services, housing counseling, housing
placement, housing navigators/promoters that help households access ERAP Rinds, housing -related
services for survivors of domestic abuse or human trafficking, and specialized services for seniors or
individuals with disabilities. The responsibility to conduct housing stability services and expend these
funds is shared with other SUBRECIPIENTS. The housing stability services may only be provided
with written pre -approval by the CITY after the Agreement is fully executed.
(2) Administrative Funds. CITY shall make administrative fee payment(s) to
SUBRECIPIENT in an amount not to exceed Ninety -Two Thousand, Six Hundred Eighty -Seven
Dollars and Seventeen Cents ($92,687.17), pursuant to the terns detailed in Exhibit B.
D. Disbursement of Funds. Said Administrative Funds shall be disbursed by CITY to
the SUBRECIPIENT pursuant to the terms found in the Compensation/Payment attached hereto
as Exhibit B, with payments subject to the submittal of invoices and other reporting requirements,
as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as
would normally extend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any
of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for SRA2 Funds, or return the entire request to SUBRECIPIENT, until such documentation
and reporting has been received and approved by CITY.
(1) Reduction in SRA2 Funding. The CITY reserves the right to reduce the
amount of SRA2 Funds to SUBRECIPIENT, or to completely terminate this Agreement, in the
CITY's sole discretion, if there is a reduction in SRA2 Funds provided to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the
grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all fiinds received
under this Agreement shall be disbursed during the Tenn of this Agreement, and that any and all
funds remaining as of the end of the Term, which have not been disbursed, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
(4) Interest on Funds. SRA2 Funds made by HCD to local governments, Tribes,
and TDHEs are not subject to the requirement of 2 CFR 200.305(b)(8)-(9) to maintain balances in an
interest -bearing account and remit payments to HCD.
E. Grant Program Requirements..
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
state SRA2 Funds, as part of the federal ERA2 program, and that payments from the SRA2 Funds
are only to be used to make necessary expenditures incurred due to the public health emergency with
respect to COVID-19 in compliance with: Section 3201(a) of the American Rescue Plan Act of
2021 and related federal guidance, and as such federal law may be subsequently amended; the
Department of Treasury's Frequently Asked Questions (FAQs), and as such FAQs may be
subsequently amended; AB 832, as enacted on June 28, 2021, and as such state law may be
subsequently amended; HCD's State Rental Assistance Program Guidelines — Emergency Rental
Assistance (ERA) Rounds I and 2 Implementation, dated September 27, 2021, and as such
Guidelines may be subsequently amended; the Santa Ana Program Guidelines and Frequently
Asked Questions established for said program, and as such Guidelines and FAQs may be
subsequently amended; and all other applicable law.
(2) SUBRECIPIENT acknowledges that SRA2 Funds provisions allow the use of
SRA2 Funds for expenses associated with the provision of rental assistance in connection with the
COVID-19 public health emergency, and will not use these ftmds for any other uses
(3) SUBRECIPIENT shall follow the process and determination of eligibility for
participants in said program as outlined in Exhibit A and the following: Section 3201(a) of the
American Rescue Plan Act of 2021 and related federal guidance, and as such federal law may be
subsequently amended; the Department of Treasury's Frequently Asked Questions (FAQs), and as
such FAQs may be subsequently amended; AB 832, as enacted on June 28, 2021, and as such state
law may be subsequently amended; HCD's State Rental Assistance Program Guidelines —Emergency
Rental Assistance (ERA) Rounds 1 and 2 Implementation, dated September 27, 2021, and as such
Guidelines may be subsequently amended; the Santa Ana Program Guidelines and Frequently Asked
Questions established for said program, and as such Guidelines and FAQs may be subsequently
amended; and all other applicable law.
(4) CITY and HCD entered into STD 213 Standard Agreement #21-ERAP-20081
("State Agreement") under the authority and in furtherance of the State Rental Assistance Program —
Round 2, receiving and recognizing the CITY Allocation of SRA2 Funds to be used by CITY to
provide rental assistance. A true and correct copy of the State Agreement is attached hereto as Exhibit -
H and incorporated herein by this reference. Subrecipient has been made aware of the State
Agreement and agrees to comply with all the conditions of the State Agreement and the applicable
requirements governing the use of SRA2 Funds, including amendments or addendums to said State
Agreement, if any. City will provide notice of any such amendments or addendums to said State
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Agreement to Subrecipient, and such notice will be sufficient to incorporate such amendment or
addendum into this Agreement.
F. Performance Monitorin .
(1) The subrecipient monitoring and management requirements set forth in 2 CFR
200.331-200.333 will apply to SUBRECIPIENT. SUBRECIPIENT shall submit program
performance information as often as requested by CITY, but no less than the submission of weekly
reports and a final report to CITY with the information requested by and in the format acceptable to
CITY. Each weekly report is due within three (3) business days of completion of work for each week.
The final report is clue within thirty (30) days after the termination or expiration of this Agreement:
(2) CITY will evaluate SUBRECIPIENT's management and operation of said
program on factors, including but not limited to grant volume, disbursed funds, management,
reporting and strategic results with respect to the project expectations as described in Exhibit A.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms
of this Agreement. Ifany services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self -monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
G. AMO.
(1) "RECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the SRA2 regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all SRA2 Funds provided to
or for the account or benefit of SUBRECIPIENT,
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule.through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with. the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part. 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors' report within thirty (30) days of CITY's request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors' reports, a plan for corrective action, and auditors' response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the SRA2 Funds of SUBRECIPIENT and all documents related to this Agreement shall be
maintained and kept available at SUBRECIPIENT'S office or place of business for the duration
of the Agreement and thereafter for five (5) years from the date of fmal payment under this
Agreement. Records which relate to. (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions, hi the event SUBRECIPIENT does not, make the above -referenced documents
available within. the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. Ownership/Use of Material§. SUBRECIPIENT agrees that all materials, reports or
products in any form, including. electronic, created by SUBRECIPIENT for which
SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of
the CITY. The material, reports, or products may be used by the CITY for ally purpose that the
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close- ut. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200,343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the award no later than one year
after receipt and acceptance of all required final reports.
II. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties
(1) Authority. SUBRECIPIENT is a duly organized and existing nonprofit
organization in good standing and authorized to do business under the laws of the State of
California. SUBRECIPIENT` has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions
on the part of SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the administrator services
for said program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator
services to be performed and provided for said program as detailed in Exhibit A; (ii) it has
carefully considered how the services should be performed; and, (iii) it fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. . To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
- - (7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT's management proposal submitted to CITY, including any exhibits, are true and
correct in all material respects.
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(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable. CITY shall provide a license to the application software used for the CARES for Tenants
Program.
C. Zoning, SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good -
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder, SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Account. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
SRA2 Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation,
distribution and expenditure of SRA2 Funds pursuant to applicable 2 CFR 200.302 requirements.
E. Audit Report Reauuerneuts. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to the SRA2, and that
distribution and expenditure of these SRA2 Funds shall be in accordance with the SRA2 and all
pertinent regulations issued by agencies of the state and federal government, including, but not limited
to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received
by SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement,
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension". See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit E "Debarment', which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law.
However, SUBRECIPIENT shall submit to CITY or its representatives, all records requested,
including audit, examinations, monitoring and verifications' of reports submitted by
SUBRECIPIENT, costs incurred and services rendered hereunder.
I. Indepepdent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation ofTenm and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby SRA2
Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit
there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or
omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the SRA2 Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of
all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to the CITY and the Department
of Treasury Office of Inspector General for the SRA2 Funds under this Agreement.
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
SRA2 Funds provided through this Agreement to pay for entertainment, meals or gifts, or other
prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, -which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
F, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the pail of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
.complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions
(Exhibit F).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any fimction with respect to administering said program under the terms of this
Agreement, or who are in a position to participate in a decision -making process or gain inside
information with regard to the administration of said program, may obtain a financial interest or
benefit from said program, either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter. This prohibition applies to any person who is
an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agency, or the SUBRECIPIENT.
O. Labor Standards, The SUBRECIPIENT agrees to comply with the requirements of
the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the
Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such documentation shall
be made available to the CITY for review upon request.
P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to
ensure that all projects fumded wholly or in part by SRA2 Funds shall provide equal employment
opportunities for minorities and women.
Q. Women and Minority -Owned Businesses (WlMBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business ,enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and - ---'
minority businesses, women's business enterprises, and labor surplus area firms". As used in this
Agreement, the term "small business" means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority
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group members or women. For the purpose of this definition, "minority group members" are
African -Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female businessenterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free workplace and
to execute a certification as set forth in Exhibit G attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements Cost Principles and Audit Requirements
for Federal Awards. The following requirements and standards must.be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326,
III. CITY'S OBLIGATIONS
A. Audit of, Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all SRA2 Funds in accordance with Title 24 of the Code of
Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200328(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and subgrant supported activities to assure
compliance with federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
C. Project Exoectationns: CITY shall monitor the performance of SUBRECIPIENT
against goals and performance standards required herein. The SUBRECIPIENT shall be
responsible to accomplish the project expectations as set forth in Exhibit A, and report such results
to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT
is to contact the CITY, at which time the CITY will determine if any adjustments to the grant
award is appropriate. Substandard performance as determined by the CITY will constitute non-
compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT's performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS _
A. Non -Discrimination.
11
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
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 apart of this contract
(or agreement). Title VI also includes protection to persons with "Limited English
Proftclency" 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 a part of this contract or
agreement.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Conununity Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
12
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no othenvise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any SRA2 Funds granted to the CITY,
inclusive of the subject SRA2 Funds, shall serve as an officer of SUBRECIPIENT. Further, any
conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in
writing prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the set -vices
SUBRECIPIENT shall provide with SRA2 Funds, in accordance with 24 CFR 570.2000):
1. SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in employment
to persons on the basis of religion.
2. SUBRECIPIENT shall riot discriminate against any person applying for the
set -vices SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion
and shall not limit such services or give preference to applicants for such set -vices on the basis of
religion.
3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY fiords by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the Fist Amendment of the
United States Constitution and Article 1, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
4. The portion of a facility used to provide public services assisted in whole or in part
tinder this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be provided under said program are rendered on property - - - -
owned by the primarily religious entity SUBRECIPIENT, SRA2 Funds may also be used for minor
repairs to such property, which are directly related to the cost of rendering the set -vices under said
program, where the cost constitutes in dollar terms only an incidental portion of the SRA2 expenditure
for rendering the services under said program.
13
D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of
any person to till a position fimded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by SUBRECIPIENT, For the purposes of this
section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term "administrative capacity' means having selection, hiring,
supervisor or management responsibilities..
E, Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by .
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Steven Mendoza
Executive Director
Community Development Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: The Salvation Army
The Salvation Army
Attn: See of Business
Attn: Stacie Hurst
16941 Keegan Avenue
10200 Pioneer Road
Carson, CA 90746
Tustin, CA 92782
Tel: (714) 210-6029
F. Assiarrability. None of the duties of, or work to be performed by, SUBRECIPIENT
tinder this Agreement shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this Agreement to CITY. No subcontract or assigmnent shall
terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
G. Indemnificatioidlold Haimless. SUBRECIPIENT shall indemnify, defend and save
harmless CITY, its officers, employees, agents, representatives and volunteers from and against any
and all damages to or for loss of use of property and for injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify and save harmless
CITY, its officers, employees, agents; representatives and volunteers from and against any and all
claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers compensation claims and including attorney fees and reasonable expenses for
litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and
suppliers arising out of SUBRECIPIENT's performance of this Agreement.
H. hisurarice.
14
1, Commercial General Liability. SUBRECIPIENT agrees to obtain and keep
in force during the term of this Agreement a policy of comprehensive commercial public liability
insurance insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount
not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or
persons in any single accident or occurrence. Said policy of comprehensive liability insurance
shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation;
name CITY, its officers, agents, employees, and volunteers, additional insured; and state that such
coverage is primary to any other coverage or self-insurance and CITY. Governmental entities may
provide proof of self-insurance.
(a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUBRECIPIENT's operations hereunder.
(b) SUBRECIPIENT shall: (1) prior to exercising any right under this
Agreement, furnish properly executed certificates of insurance and additional insured endorsement
to the CITY which shall clearly evidence all coverages required above; (2) provide that such
insurance shall not be materially changed or terminated except on 30 days prior written notice to
the CITY; (3) maintain such insurance for the period covered by this Agreement; and (4) replace
such certificates for policies expiring prior to the expiration of this Agreement.
(i) Certificates shall list the City as a Certificate Holder as
follows:
City of Santa Ana
Risk Management Division
20 Civic Center Plaza, 4th Floor
Santa Ana, CA 92701
2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and
maintain, during the effective period of this Agreement, broad form automobile liability coverage
with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -
owned automobiles used by SUBRECIPIENT employees or participants in performance of this
Agreement, or, in the event that SUBRECIPIENT will not utilize such owned/leased automobiles
but intends to require employees, participants or other agents to utilize their own automobiles in
the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all
such employees, participants, or agents as self -certification of automobile insurance coverage.
Governmental entities may provide proof of self-insurance.
3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth
in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth
in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force
during the term of this Agreement full Workers' Compensation insurance coverage for injuries
15
suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days
written notice of cancellation or modification.
4. Proof of Insurance. Certificates and endorsements must be submitted and
approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that
CITY will make no payments under this Agreement until the required certificates and
endorsements have been approved by CITY.
Tennination.
1. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
approved expenses incurred to the effective dateof termination.
2: This Agreement may be suspended or. terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of any laws governing the use of SRA2 Funds. hi
the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred up to the effective date of suspension or termination.
3. Pursuant to 2 CFR 200,340, in the event SUBRECIPIENT defaults by failing to
fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of fiirther liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of. (1) any payments made for services not subsequently performed in a timely and satisfactory
manner; and, (2) costs incurred by CITY in obtaining substitute performance.
4. The grant of funds under this Agreement may be terminated for convenience by
either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of portion termination, their portion to be terminated.
However, if in the case of a partial termination, the CITY determines that the remaining portion of
the award will not accomplish the purpose for which the award was made, the CITY may terminate
the award in its entirety.
5. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the .work described
in Exhibit A or failure to meet the project expectations set forth in Exhibit A.
6. The grant of fimds under this Agreement maybe terminated due to the failure of
the CITY to receive sufficient or anticipated ftmding for the SRA2 program for any term subject to
this Agreement.
16
7. In the event this Agreement is terminated as set forth in subparagraphs I(1)
through I(6), inclusive, SUBRECIPIENT agrees to immediately returnto CITY upon CITY's demand
and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply
with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America or State of California may in the
future place programmatic or fiscal limitations on the use of SRA2 Funds, which limitations are not
presently anticipated, Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting SRA2 finding. In the event of finding reduction, CITY may, in its sole
and absolute discretion, reduce the budget o£this Agreement, may limit the rate of SUBRECIPIENT's
authority to disburse funds, or may restrict SUBRECIPIENT's use of uncommitted funds. Where
CITY has been directed to implement a reduction in funding, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes.
If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly.
Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability or
compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty
(60) days upon five (S) days written notice to SUBRECIPIENT of its intention to so act, pending an
audit or other resolution of such questions. In no event, however, shall any revisions made by CITY
affect expenditures and legally binding commitments made by SUBRECIPIENT before it received
notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with SRA2 Funds withdrawal
guidelines.
K. Exclusivi!y and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
SRA2 Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties
with respect to SUBRECIPIIF..NT's administration of said program. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party, which are not embodied herein,
and that no other agreement or amendment hereto shall be effective unless executed in writing and
signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver, No delay or omission by either party hereto to exercise any right or power
accruing upon any noncompliance or default by the other party with respect to any of the terms of
17
this Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for the SRA2, are included in Exhibit D
attached hereto and incorporated herein by this reference.
Miscellaneous Provisions,
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
(Signatures on followingpage)
18
A-2021-238-08
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
/a I
By: RY O. ODGE
Assistant ity ttomey
RECOMMENDED FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Community Development Agency
19
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
The Salvation Army, a California Corporation
J.Kaabal;Caplain
Printed Name ❑ivisinnal Secretary ror Rr <Ine«
TSA's �—
Dt NS=: LY49IMI4
Tax ID#: 94-1156347
SCOPE OF WORK
20
City of Santa Ana State ERA2 Scope of Work
March 1, 2022 - August 31, 2022
Name of Organization The Salvation Army
Name of funded Program CARES for Tenants Program
Performance Goal
Undu licated Participants antic) ated to be served during the 10-month Schedule of Performance.
9,603 TOTAL 1,603 Santa Ana Participants 100% 1,603 Low Income Participants 1o0%
Schedule of Performance
Unduplicated
(estimated)
Month 1: MAR 1 - MAR 31
Month 2: APR 1 - APR 30
Month 3: MAY 1 - MAY 31
Month 4: JUN 1 - JUN 30
Month 6: JUL 1 - JUL 31
Month 6: AUG 1 - AUG 31
and Reporting Details:
Administrative
Costs
$
15,447.86
$
15,447.86
$
15,447.86
$
15,447.86
$
15,447.86
$
15,447.86
$
92,687.17
Low-income Santa Ana renters impacted by the Coronavirus may apply online to receive assistance with rental arrears and
prospective rent owed to their landlord on or after April 1, 2020.
-The Salvation Army will administer up to $8,017,439.82 in direct financial assistance for approximately 1,603 families. The
workload will be shared by five other contractors. The number of 1,603 families to be assisted assumes that the average
rental assistance per family equals $5,000 per household, but the total number of families assisted will vary according to the
total amount of rental assistance approved per household.
-Direct assistance may only be approved in compliance with Section 3201(a) of the American Rescue Plan Act of 2021 and
related federal guidance, and as such federal law may be subsequently amended; the Department of Treasury's Frequently
Asked Questions (FAQs), and as such FAQs may be subsequently amended; AB 832, as enacted on June 28, 2021, and as such
state law may be subsequently amended; HCD's State Rental Assistance Program Guidelines — Emergency Rental Assistance
(ERA) Rounds 1 and 2 Implementation, dated September 27, 2021, and as such Guidelines may be subsequently amended;
the Santa Ana Program Guidelines and Frequently Asked Questions established forsaid program, and as such Guidelines and
FAQs may be subsequently amended; and all other applicable law.
Program Details:
-Residents will apply online via the Neighborly Software application portal available on the City of Santa Ana's website
following the Santa Ana Program Guidelines and Frequently Asked Questions.
-The Salvation Army will be assigned applications to process by the City.
-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, prospective rental assistance, and rent ledger; general determination of eligibility of the applicant. The Salvation
Army will re -certify the eligibility of applicants for prospective rental assistance following this same process.
-The Salvation Army is responsible to ensure that each tenant is qualified and determined eligible in compliance with with
Section 3201(a) of the American Rescue Plan Act of 2021 and related federal guidance, and as such federal law may be
subsequently amended; the Department of Treasury's Frequently Asked Questions (FAQs), and as such FAQs may be
subsequently amended; AB 832, as enacted on June 28, 2021, and as such state law may be subsequently amended; HCD's
State Rental Assistance Program Guidelines— Emergency Rental Assistance (ERA) Rounds 1 and 2 Implementation, dated
September 27, 2021, and as such Guidelines may be subsequently amended; the Santa Ana Program Guidelines and
Frequently Asked Questions established for said nroeram. and as such Guidelines and FAOs may be subseeuentiv amended:
EXHIBIT A
»y».,....�,»....»..».. .....»...»,..»... ...,.»r»o.»..,»»»„».».....»......»..,........»,»..,.»,.».,y»,...,, ».......»..»,
and all other applicable law.
-After the family is determined eligible, The Salvation Army will approve the applicant for rental assistance In the Neighborly
Software application portal. 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 Orange County United Way 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
-ERAP funding will be used for the administrative expenses for The Salvation Army to determine the eligibility of tenants for
up to $8,017,439.82 In direct financial assistance.
Reporting Details:
-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 $8,017,439.82 in direct financial assistance
Is approved for eligible tenants. Any additional payments approved by The Salvation Army beyond $8,017,439.82 in direct
financial assistance will be charged back to The Salvation Army as an administrative expense.
EXHIBIT A
COMPENSATION/PAYMENT
21
PROGRAM BUDGET
Organization Name The Salvation Army
Program Name CARES for Tenants Program
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
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
$92,687
$92,687
$ 92,687
$o
$
Sol
$ -
$0
$ -
$0
$
$ -
$0
$
TOTAL BUDGET
$92,687
$0
$92,687
$92,687
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES
Funding Source Total must equal Program Budget Total listed above,
FUNDING SOURCE AMOUNT
Santa Ana ERAP $ 92,687
TOTAL $ 92,687
EXHIBIT B
STATE ERA2 BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
ERAP Funds
Requested
Description
Application review; eligibility verification; collection of
required supporting documentation;
communication/coordination with the applicant;
Administrative costs
coordination with the applicant's landlord for the
attributable to approving
$ 92,687
tenant's lease/sublease agreement, past due rent
families for Direct Financial
amount, and rent ledger; general determination of
Assistance
eligibility of the applicant; and administrative fee to staff
the program. The same process will be used to re -certify
the eligibility of applicants for prospective rental
asssitance.
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
Line Item
Program
Amount
ERAP Funds
Requested
Description
EXHIBIT B-1
EXHIBIT C
PROJECT SCHEDULE
(estimated)
Month 1: MAR 1 - MAR 31
Month 2: APR 1 - APR 30
Month 3: MAY 1 - MAY 31
Month 4: JUN 1 - JUN 30
Month 5: JUL 1 - JUL 31
Month 6: AUG 1 - AUG 31
Unduplicated
22
EXHIBIT D
FAIN INFORMATION
A.
CONTRACTOR Name:
The Salvation Army
B
CONTRACTOR'S Unique
94-1156347
Identifier (D-U-N-S):
Federal Award
C.
Identification Number
(FAIN):
D.
Federal Award Date:
February 3, 2022
E.
Subaward Period of
Performance:
March 1, 2022 — August 31, 2022
Total Amount of Federal
F.
Funds Obligated by the
$8,110,126.98
Action:
Total Amount of Federal
G.
Funds Obligated to the
$8,110,126.98
CONTRACTOR:
D
Total Amount of the
$9,268,716.55
Federal Award:
i
Federal Award Project
Department of Treasury Emergency Rental Assistance
Description:
Program
J.
Federal Awarding Agency:
U.S. Department of the Treasury and State of California
Department of Housing and Community Development
K.
Name ofPTE:
L
Contact Information for the
Awarding Official:
Judson Brown, Housing Division Manager
Phone Number:
(714) 667-2241
E-mail Address:
ibrown asanta-ana or
M.
CFDA Number:
21.023
CFDA Name:
Department of Treasury Emergency Rental Assistance
Program
N.
Whether Award is R&D:
No
O'
Indirect Cost Rate for the
N/A
Federal Award:
23
EXHIBIT E
DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VI of the May 26,1988 Federal Resister (pages 19160-19211).
(BEFORE COMPLETINIG CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal,
that neither it nor its principals are presently debarred, suspended, proposed for debamnent,
declared ineligible, or voluntarily excluded from participation in this transaction by any
federal departunent or agency.
(2) 'AThere the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification. such prospective participant shall attach an explanation to this
proposal.
Divisional Secretary for Business
Nana. and Title of Authorized
24
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice
to the person to which this proposal is submitted if at any time the prospective recipient of
federal assistance finds learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances,
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction, participant, 1 person," primacy covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective recipient of federal assistance fiords agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by
the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the List of Parties Excluded
from Procurement or Non -Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is nornlally
possessed by a prudent person in the ordinary course of business dealings.
25
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Goverment, the DOL may
pursue available remedies, including suspension and/or debarment.
REM
EXHIBIT r
LOBBYING
Certification Regarding Lobbying
Certification for Contracts. Grants. Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative aareentcnt, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any rinds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (Including subcontract, subgrants, and contracts tinder
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to rile the required certification shall be subject to a civil penalty ofnot less than S10,000 and
not more than $100,000 for each such failure.
The Salvation Army, a California corporation Divisional Secretary for Business
Grantee/Contactor Organization
im 21 M- ATTZ
Name of Certifying Officer
27
Program Title
5-
Date
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964
(42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.
2. No person in the United States shall on the ground of race, color, religion, national origin, or
sex, be excluded from participation in, or be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with community
development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the performance of
construction work financed in whole or in part with community development funds shall be paid
wages at rates not less than those prevailing on similar construction in the locality as determined
in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for
individuals who perform services for which they volunteered; do not receive compensation for
such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and
are not otherwise employed at any time in constriction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with
community development funds, except that (a) SUBRECIPIENT does not assume CITY'S
environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not
assume CITY'S responsibility for initiating the review process under Executive Order 12372.
IN
EXIIIHI'I' G
DRUG -FREE WORKPLACE
Certification Retarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed by the
U.S. Department of Housing and Urban Development in awarding the grant. If it is later
determined that the contractor knowingly rendered a false certification, or otherwise violates the
requirements of the Drug -Free Workplace Act, the U,S. Department of Housing and Urban
Development, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug -Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the contractor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by paragraph
(a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a
condition of employment under the contract, the employee will -
(1) Abide by the terns of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within ten days
after receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction;
29
M Taking one of the following actions, within 30 days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted -
( 1) Taking appropriate personnel action against such an employee, up to and
including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (c) and (f)
B. The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised "Place of Performance" form.
The Salvation Army, a California corporation
Organizati
7!
Z2
i��
Authorized 'gnahrre Date
J.Koebel;Capt in
Divisional Secretary for Business
30
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
The Salvation Army Hospitality House - Santa Ana, CA
The Contracto(sW insert in the space provided below the site(s) expected to be used for the
performance of -work- under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
818 E 3rd St.
Santa Ana, CA 92701
31
EXHIBIT H
STATE OF CALIFORNIA STD 213
STANDARD AGREEMENT #21-ERAP-20081
STATE RENTAL ASSISTANCE PROGRAM - ROUND 2 (SRA2)
32
/(t DA b) Return FULLY EXECUTED
Reset Form Print Form SCOID: Copy toCOTC,A7-30
STATE OF CALIFORNIA-DEPARTMENfOFGENERAL SERVC
^ti�T STANDARDAGREEMENT JEER T
California Department of Housing and Community Development
IRgV 1 VR IVRI'rIC
of Santa Ana
A-2021-238-01
PURCHASINGAUniDR1TYNtJkIBER(NAppr,c b l
—7 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: —'-
$3,707,466.62
a 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 8
Budget Detail and Payment Provisions
1
Exhibit C
State of California General Terms and Conditions
04/2017
Exhibit D
State Rental Assistance Program - Round 2 - General Terms and Conditions
3
Exhibit E
Special Terms and Conditions
1
it, a•a „WuVy L,c6,Nul amu my fwwullcc areo maoa pan or this agreement as a atfacneo tlareto.
documents can be viewed at httosYl"w.das.Ca.nnv/OLS/RPerorreer
CONTRACTOR
CONTRACTOR NAME (if other then an individual, state whether a corporation, partnership, etc.)
City of Santa Ana
CONTRACTOR BUSINESS ADDRESS
20 Civic Center Plaza
Santa Ana
PRINTED NA161E OF PERSON SIGNING TITLE
Kristine Ridge I City Manager
CONTRACTOR AUTHORIZED
Approved as to form:
Ryiri WHodge
Assistant City Attorney
ATTEST:
By:
city Clerk
CA
Page 1 of 2
ResetFonn Print Form SCOID:
STALE OF =FORNIA-DEPAFtMENTOFGENERALSERM
STANDARDAGREEMENT JAWMIR
A-2021-238-01
OONIi�P,CTiM1'('a AGENCYNAAdE .
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
CONTRACTING AGENCY A1niORREDSIGNATURE
DATE SIGNED
A 44 W41
2/3/22
CALIFORNIA OE TMENTOFGENERAL 6ERVICESAPPROVAL
EXEMPTION(I(Appi le)
Exempt -per; SCM Vol.1 4.04.A.3 (DGS memo
dated 06/12/1981)
Page2of2
City of Santa Ana
21-ERAP-20081
EXHIBIT A Page 1 of 5 .
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 E_RA2 funds
(the "State Rental Assistance Program — Round 2," "SRA2," or "SRA2 Funds"). AB
832 amended Sections 50897, 50897.1, 50897.2, 60897.3, and 60897.4 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 to
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: 12/3/2021
City of Santa Ana
21-BRAP-20o81
EXHIBIT A Page 2 of 5
2. Purpose
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'Teeasury ("Treasury"). (this
amount, and any and all additional trenches thereof, the Locality's "Direct Federal '
Allocation — 2").
Locality plansto 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 trenches thereof, the Locality's "Block Grant Award
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 B)
Locality: City of Santa Ana
Approved: 9/30/2021
Prep Date: 12/3/2021
City of Santa Ana
21-ERAP-2oo81
EXHIBIT A Page 3 of 5
3. Definitions
.Any forms 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:
B. "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 ldentified as "Contractor" on the form STD 213
portion of this Agreement. Furthermore, all obligations applicable to the
Contractor as set forth in Exhibit 0 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. Scope 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 60897.1
and, upon approval by the Department, the other eligible uses provided in Section
32O1(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: 9130/2021
Prep Date: 12/3/2021
City of Santa Ana
21 •ERAP-20081
EXHIBIT A Page 4 of 6
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 least75 percent of the first tranche of Its
Block Graht Award —.2 by October 31, 2021. Locality shalt contractually obligate 50
percent of tts'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 Departments satisfaction, that Locality will
contractually obligate and expend any unused Block Grant Award — 2 funds within
the timeframes 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.
I. 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 Vof 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 afterthe 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 Agreement1s 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 13)
Locality: City of Santa Ana
Approved:9130/2021
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, 95033
P.O: Box 952054
Sacramento, CA 94252-2054
era) Yicd.ca.gov
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 or Santa Ana
Approved: 9/30/2021
Prep Date: 12/3/2021
City of Santa Ana
21-ERAP-20081
EXHIBIT B Page 1 of 1
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail
Locality has been awarded a Direct Federal Allocation — 2 and a Block Grant Award — 2
In the amounts specified at habit of this Agreement..These amounts maybe
Increased to the extent the Treasury makes additional tranches of funding available. .
The Department and the -Locality shall amend this•Agreement, as appropriate, to reflect
any Increase ln:the Block Grant Award — 2.
Upon satisfaction of the•below Conditions of -Performance, as well as any relevant
conditions specked 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 — 2 to the Locality after this
Agreement has been fully executed, and after the Department receives an authorizing
resolution from the Locality that, in the Departments 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
Departments recapture and,reallooation.of any unused funds, as authorized.
State Rental Assistance Program — Round 2
Locality Allocation -Locality Administration (Option B)
Locality: City of Santa Ana
Approved: 9/3012021
Prep Date:12/3/2021
City of Santa Ana
21-ERAP-20081
EXHIBIT D Page 1 of 3
STATE RENTAL ASSISTANCE PROGRAM ROUND 2
GENERAL TERMS AND CONDITIONS
1. Effective Date, Term of Agreement, and TlmIlIA
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 Departments 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 (i) the parties have agreed upon an alternate arrangement
in advance and in writing; or (11) an alternate arrangement Is necessary for one or both
parties to remain in compliance with the ERA2, 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-Locallty Administration (Option B)
Locality: City of Santa Ana
Approved: g130/2021
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 suffcient 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; (11) Congress enacts any
restrictlons, limitations, or conditions that impact this Agreement or the funding of this
Agreement; or (111) 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 retum
any undlsbursed 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 for'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 (1) the parties
have agreed upon an alternate arrangement in advance and in writing; or ([I) 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: Seyerability
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 ady 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: 12/3i2021
6. Waivers
7.
EXHIBIT D
City of Santa Ana
21-ERAP-20081
Page 3 of 3
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.
This Agreement is subject to the administrative requirements, cost principles, and audit
requirements for federal awards to non-federal entities, which are setforth 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 hot 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 Data: 12/3/2021
City of Santa Ana
21-ERAP-20081
EXHIBIT E Page 1 of 1
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 subjedto increase.ifTreasury.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 1984, 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, br 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 Proficiency" 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 Vill of the Civil Rights Act of 1968 (42 U.S.G. § 3601
at 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 11 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 Q of this Agreement.
State Rental Assistance Program — Round 2
Locality Allocation -Locality Administration (Option B)
Locality: City of Santa Ana
Approved: 1011612021
Prep Date: 12/21/2021