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HomeMy WebLinkAboutILLUMINATION FOUNDATION (38)A-2014-088-002 EMEttGENCV SOLUTIONS GRANT SI-JBRE('IPIENI'A(;IZr,.EMENI'BET'WEL,T� ("U �'�K (T TFIE CITY OF SANTA ANA NJI, AND ILLUMINATION FOUNDA,rION THIS AGREI_-'MENT, is hereby made and entered into this I st day Of'JUly, 2014, by and between the City cpf Santa Aria,a charter City and Municipal corporation of tile State of California, hercin called the "CITY" and 1111.1111illat1' 011 f�'01_111(18ti011, a California nollprofit Organization, herein called the "SUBR[CIPIENT". REICITALS: I . Tile CITY is the, recipient of Emergency Solutions Grant ("ESG") funds fron, the Llilited States Department Of I-IOUSIng and Urban Development ("HU'D"), , Pursuant to Subtitle B of title IV of, the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11 37 1-11 378], for the rehabilitation or conversion of buildings for use as emergency Sheffer for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential ti, related to emergency shelters a c I al services assistance. and street Outreach for the homeless, and for homelessness prevention and rapid re-11OUS1110 2. The CITY has approvecl the provision of federil funds UlldCr the ESG to be used in the operation of all emergency Solutions program ("program") for tile hollieless Dead of sit ofthe City of Santa Ana as further described by Exhibit A, Sz`cope of Work, attached hereto and by this reference incorporated herein. (provision The SUBRECIPIENT represents that it has the requisite qualifications, expertise, all(] experience in the :)I Sion 01"CulergenCy Solutions programs for the homeless Or at -risk of homelessness and is willing It, to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services including, but 'lot limited to: temporary and permanent 11OUSill", relocation and stabilization services, rapid re -housing assistance, medical and mental health treatment, counseling SUpervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for Such individuals. S. The SUBRECIPIENT has agreed to be reimbursed for the above services in all amount not to exceed $52,427.00 in grant funding. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds, fi-orn the United States Department of Housing and Urban Development. 7. The CITY and the SUBRECIPIENT have CIUIy executed this AGREEMENT utilization of said funds. for the expenditure and NOW THEREFORE, it is agreed by and between the parties that the f*orcgoing Recitals are a substantive part this AGREEMENT and the following, 1� of ing terrils and conditions are approved and together with all exhibits and attachments hereto, shall Constitute t1le entire AGREEMENT between tile CITY and the SUBRECIPIENT: I• SCOPE OF PROGRAM A. General Administration The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Sco e of Work which shall provide a description of each activity, including the services to be performed, the person entity providing the service, the estimated number of recipients of the service, and the manner rk, of the services, n on or d means B. Levels of Accom lishment — Goals and Performance Measures The SUBRECIPIENT shall be qL responsible to accomplish the levels of performance as set forth in A and report such measures quarterly to the CITY, If the SUBRECIPI>NT estimates such goals will be met, thnot e SUBRECIPIENT is to contact the CITY Exhibit adjustments to the grant award is appropriate, at which time the CITY will determine if any C. Sta` FEng The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG ac ' ' Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. thvrty. IL TERM OF AGREEMENT This AGREEMENT shall take effect on July Otherwise cancelled 1, 2014, and shall terminate on June 30, 2015, unless or modified according to the terms of this AGREEMENT. III DISBURSEMENT AND FUNDS A. Amount and Ex enditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed .$52 4 ($17,707.00 for Homeless Prevention and $34,720.00 for Rapid Re -Housing) from Emergent So 2T00 Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be expended SUBRECIPIENT on or before June 30,201 5. Y lotions p by the B. Invoiein Procedures The SUBRECIPIENT shall submit quarterly invoices (on or before the 15"' day of October J April, and July) in a form prescribed by the CITY, detailing such expenses. Such schedule modified with the approval Of the CITY. aiuiarY, may be C. pAyment Payment is subject to the receipt and approval of such invoices and hereinafter more fully set forth below under Reporting, with the final payment subject to the sat' quarterly activity reports, as Of the condition precedent of submittal of complete invoicing and reporting information due on satisfaction July 15 of the applicable fiindin isfactore l PaY Such reccipt thereof, provided the CITY is satisfied 1 at suckTY le expenses have beinvoicen within thirtyor before this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms an in tile days after AGREEMENT. The thin 30 day eft incurred within the scope of Y ( ) y period will discontinue if the reimbursement request �s�deterniditions �edlto u incomplete and will restart the thirty day timeline once the remaining required elements have been Failure to provide any of the required documentation and reporting will a portion of a request for reicause the CITY to wmbursement until such documentation and reporting has been withhold all or approved by the CITY. received and D. Use o� f Funds Tile SUBRECIPIENT agrees to use said finds pursuant to this AGREEMENT to pay for necessarya reasonable costs allowable under federal law and regulations to operate said program only, Said shall include and will be lnnited to, street outreach, emergency shelter, homelessness prevention raand a►d amounts housing assistance, housing relocation and stabilization services, short-term and medium -term re assistance, and Homeless Management Information Systems ("HMIs") data contribution as � rapid re CFR § 576.101 - § 576.107. Allowable program costs are detailed in the Budget, as set forth ill Exhibit attached hereto and by this reference incorporated herein. The SUBRECIPIENT'S failure Set forth in 24 required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment h►b►t B, amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to theto pertof as ,] nent of the torIns here The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be available for the entire period during which said funds are provided, E. Condition ofFundin (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding m result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability may Federal, State or Local government funds, which are appropriated or allocated for the obligation. If funding levels are significantly affected by Federal budgeting or if funds are not fsuch of payment of such an and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end. of the period for which funds are available. At the ea► ated Opportunity, the CITY shall notify the SUBRECIPIENT of any service which may be affected b a shortage of fiends. No penalty shall accrue to the CITY in the event this provision is exercised hest CITY shall not be liable for any damages as a result of termination under this provision of tl AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in e and the appropriations authorized by law. �►s aces of (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities whit are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT, h F. Mat„ chill The SUBRECIPIENT is required to make matching contributions to supplement the ESG Program in amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching .Requirements as outlined b 24 an 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECCFR I I N § will be enumerated in Exhibit B, Final Budget, T G. Pro ram Income (1) Definition, Program income means, as provided by 24 CFR 84.24 or 24 CFR 85,25gross income received by the SUBRECIPIENT directly generated b as a result of the grant agreement duringthe sY , y a grant supported activity, � my include any amount of a security or utility deposit returned totheSUBS of ESG, program income earnedonly also � P RECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended Pursuant to the terms and conditions of this AGREE p P poses (3) Counts toward Matching, Costs aid b MINT. matching requirements, provided the costs are eligible ESG program income supplernament the p7Ogra► meeting the I-f. Se aration of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT maintained separate and apart from any other funds of the shall be SUBRECIPIENT, or of any principal T or member of tllc SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. Ex cnditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant finds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for a good/service or all indirect cost, or the accrual of a direct charge for agood/service or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. J. Prohibited Use (1) Generally, The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct, rather, fund use will remain in compliance with all applicable federal, state, and local laws, including applicable Iaws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees 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 ex ended by the recipient of a federal contract, grany t, loan, or cooperative agreement to a an p or attempting to influence an officer or employee of any agency, Member ofCong Congress, oroan rofficer, 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. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT any funds other than Federal appropriated finds 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 crrrployce 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 (see Exhibit Gl), IV. NO_, TIC:GS The SUBRECIPIENT and the CITY agree that ail notices required by this AGREEMENT shall be made in writing and delivered via mail (postage prepaid); commercial facsimile of, other electronic means (provided that receipt isent by s sent as aforesaid shall be effective an the date of delivery confirmed), Any notice delivered courier; personal delivery; orOr or sending. All notices and other written communications under this AGREEMENT shall be addressed to the individuals in the capacities indicated below, unless modified by subsequent written notice. Communication and details concerning the AGREEMENT shall be delivercu to the office of, and directed to, the following representatives: CITY: Terri Eggers Sr. Comm'y Development Analyst City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714) 647-5378 (714) 647-6549 V. GENERAL CONDITIONS A. Coordination with Continuum of Care SUBRECIPIENT: Paul Cho CFO Illumination Foundation 269.1 Richter Ave. Suite 107 Irvine, CA 92606 (949)273-0555 The SUBRECIPIENT must work with the Continuum of Care ("CoC") to ensure the screening, assessment, and referral of program participants are consistent with the CITY's written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment systems) developed by the CoC in accordance with the requirements established by HUD. Sae 24 CFR 576.400. B. Evaluation of Pro ram Participants Eli ibili and Needs The SUBRECIPIENT must conduct evaluations and re-evaluations to determine the eligibility of each individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401, C. Terminating Assistance If a Program participant violates program requirements, the assistance in accordance with SUBRECIPIENT may terminate the a formal process established by the SUBRECIPIENT that recognizes rights of individuals affected. See 24 CPR 576.402 the D. Shelter and H-)Lising Standards The SUBRECIPIENT certifies that shelters and h beneficiaries will coousing supported by ESG funds and used by ESG nform to 24 CFR 576,403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.4te c an 42 USC 11375(d). O d F. Independent Contractor. Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship es employer/employee between the parties. The SUBRECIPIENT and its remain independent contractors with subcontractors shall at all times respect to the services to be Performed under this AGREEMENT. The CITY shall be exempt from payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation the SUBRECIPIENT is an independent contractor. Insurance as G. Subcontracts. (I) Content Requirements, The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a findin that the subcontractor is inviolation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in ,violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low -Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. H. Licensing. The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, inspection frown all agencies governing accreditation, and its operations. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing the SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. I. Responsibilities Toward Emloyees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers' compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. Insurance and Bondin (I)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for Nobility or loss which are the result of injury to or death of any person, or damage t property (including properly of Grantee) caused by the negligent acts or omissions, or lie of the SUBRECIPIENT, its employees, agents nt conduct or subcontractors, gligeto the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48, and 85.36. The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give co the CITY prompt and timely notice of claim made or suit instituted arising out of the SUBRECIPIENT's operations hereunder. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: a. Workers' Compensation. Amount must comply with State and Federal Laws b. Comprehensive General Liability. $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence, including the following coverages: Premises and Operations; and Broad Form Commercial General Liability Endorsement to include blanket contractual liability (specifically covering, but not limited to, the contractual obligations assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual exclusions deleted); and Broad Form Property Damage coverage. Q. The SUBRECIPIENT's self -insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an insurance certificate from insurance carrier certifying that it carries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to the CITY. The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT: a. furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverage required above; b. provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to the CITY; c. maintain such insurance for the period covered by this AGREEMENT; and d. replace such certificates for policies expiring prior to the expiration of this AGREEMENT. (4) Company Rating, All insurance coverage shall be written with a company having an A.M. Best Rating of "A" or better and financial size of VIII or larger. (5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance. K. Zoning, The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the 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. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant finding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the rJ violation(s); failure to gain compliance within hereunder, such time shall result in termination of grant funding L. Displacement and Relocation, The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of Persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408. M. Provisions Re aired b Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall to be inserted herein and the AGREEMENT shall be read and enforced as though it were inc be deemed and if through mistake or otherwise any such provision is not inserted or correctly inserted, than upon the application of either party the contract shall forthwith be physically amended to make laded herein, correction. such insertion or V1. ASSURANCIlJS AND CERTIFICATIONS A. Non -Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of and in possession of required non- profit status under the United States Internal Revenue Code Californialfor example, 26 USC g SUBRECIPIENT has fii11 right, § 501(c)(3)). The undertake all obligations as Providedr�herein and rltletlexecutioonaccerformanept tile ur�ding hereunder and to AGREEMENT by the SUBRECIPIENT lras been fully authorized by all requisite actioce, and n delivery the part is the SUBRECIPIENT. of (2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a. private non-profit, Directors will receive no compensit hereby agrees that the members of its Board of ation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 24 CFR part 84. B. Adherence to Federal State and Local Laws and Re ulations (1) General, The SUBRECIPIENT agrees to comply with applicable cross -cutting Federal, State, and Local requirements. all requirements of the ESG program and (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to fire greatest oxtent feasible, be directed to low- and very .low-income persons, particularly those who are recipients greatest government assistance for housing. Section 3 of the Housing and Urban Development Act of I968, 12 U.S.C. 1701 u, and regulations at 24 CFR part 1.35 apply, except that homeless individuals h over other Section 3 residents in accordance with § 576.405(c). ave priority (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Ri lit 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of s Act of Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 9 64 the 8 (4) Nondiscrimination and Equal Employment Opportunity. During the Performan AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or a under this employment based on race, color, creed, religion, sex, age, handicap, disability,ancestryapplicant for marital status, familial status, sexual orientation, or any other basis prohibited by applicable�lawi�a[ origin, The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated Without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation, The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in participation. , including The requirements in 24 CFR art 5 subpart A are applicablethe nondiscrimination and equal o 5.105(a). The SUBRECIPIENT shall not discriminate against any opportunity requirements at 24 CFR creed, religion, sex, age, handicap, disabilityg Y participant on the ground of race, color, sexual orientation, or any other basis prohibitedbyapplicable slaw. Tile al 1SUBRECIPIENT shall, through status, affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take a through communication with persons with disabilities. appropriate stops to ensure effective (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal o p Y with any federal q opportunity for persons with disabilities in employment, State and Local government services, and public accommodations, (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing oduty to the Fair Housing Act. g Opportunities for classes protected under C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace policy: p (1) The unlawful manufacture, distribution, dispensing, possession, or use of is prohibited in the workplace for any employee involved e ifederally funded program a controlled substance (Z) As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will he required to:the a• Abide by the terms above in statement (1), and b• Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States .Department of Housing and Urban Development will be noti within ten days after receiving notice of any such violation, led 9 (4) Within thirty (30) days of receiving sirch notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement, or other appropriate agency. or E. Reli ions Or anization The SUBRECIPIENT "nay not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a participant or prospective program participant oil the basis of religion or religious belief Program If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State and Local governments, and. may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be, in sound accord with the provisions under 24 CFR § 576.406. F, Additional Ternas between the CITY arad HUD The SUBRECIPIENT agrees further that it shall be bound by tine standard terms and conditions used in the Grant Agree"nent between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned execution of this AGREEMENT by the parties hereto. assurances at or subsequent to the G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, bazardous, or dangerous to the Participants' health or safety. g H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel shall be in any way or to any extent engaged employed under this AGREEME in the conduct of political activities in violation NT, Act, 5 U.S.C. Section 1501 et seq, of the Hatch I. Davis -Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in a funds shall be paid wages at rates nat less than those prevailing on similar construction in tine 1 as determined: in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276 part with federal such construction contract shall include and comply with the required contract provisions and Mess et forth in 29 C.F.R. §5.5..Furtlaer,,the payroll reports (along with the ,statemellt of Compliance) a 2and sic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. rules set No payment, advance, grant, Ioan or guarantee of funds shall be approved by the federale and basic there is on file with the agency a certification by the contractor that the contractor and its §5.5unles . agency unless 1Q subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. may be grounds for termination of the contract, and for debarment as a contractor/subeontracto § as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5,6(a)(3). VIL AIIMINISTRATIVlaa RI; UIREMENTS A. Generally The requirements of 24 CFR part 84 apply to the SUBRECIPIENT, except that 24 CFR 84.23 and 84.53 do not apply, and program income is to be used as the non-federal share under 24 CFR 94.24(b). These regulations include allowable costs and non-federal audit mrequirements. The following additional requirements and standards must be complied with: OMB Circular A-122 "Cost Principles for Non -Profit Organizations" or OMB Circular A-21 "Cost Principles for Educational .Institutions", as applicable; and, OMB Circular A-133, "Audits of States, Local Governments and Non -Profit Organizations". B. Procu— ucement Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. The SUBRECIPIENT shall report to the CITY all program assets {unexpended program income property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) OMB Standards. Unless specified otherwise within this AGREEMENT, the SUBRECIPIEN shall procure all materials, property, or services i or 24 CFR 85,36. n accordance with the requirements of 24 CFR 84.40-48 (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in"compliance with the requirements of 24 CFR Part 84 or 85. C. Re ortin , Reporting requirements must conform to the policies and procedures as established by tlae CITY and 24 CFR § 576,500. The SUBRECIPIENT shall submit to the CITY, on or before the 15t" day of October January, April, and .July, as part of tlae Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) accomplishments, new program reports of activities, program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation until such documentation and reporting has been received and approved by the CITY. and reporting will cause the CITY to withhold all or a portion of a request for reimbursement (3) Matching. Quarterly certification of match, plus documentation of match source, (4) Any other such reports as the CITY (or HUD ) shall reasonay reuest, sof aha including but not limited to the following information: monthlylrecOrd quirlldletno ad racial statistics of persons and families benefited by the SUBRECIPIENT in the performance Of its obligations under this AGREEMENT. D. Record I� a�ir� 11 Sufficient records must be established and maintained to enable the CITY and. HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and Procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, p expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post -completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records f documentation existing, created, or maintained in compliance with Lead based faint regulations, which likely require longer retention as outlined below. 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 the CITY or any other governmental agency takes exception, shall be retained beyond the five S claims, or exceptions. All said records must be retained for the r disposition the such appeals, litigation the periods specified in sa Cec 576. ust mentioned duration or compliance with, the Lead -Based Paint (regu ationsoshallelbe retained anating to, or dteMaintainedtained in SUBRECIPIENT indefinitely, including without limitation, all ins ection P { re ort s), disclclosure the stateent(s), and clearance report(s). Copies made by microfilming, pho ocopying, or similar methods m may be substituted for the original records. The CITY and HUD shall have the right to access all the SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500, E. Homeless Mana ement Information S stems HMIS (1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted Under ESG are entered into the applicable community -wide HMIS in area in which those the persons and activities 'are located, or with the express knowledge and comparable database, in accordance with HUD's standards written consent of the CITY, a under a local HMIS, on participation, data collection, and reporting (2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agrecmcnt in place with the HMIS lead agency to participate in the regionally HMIS system. A co py of tile fENTS agreement with the HMIS lead agency shall be attached to this agreement as Exhibit D.BRECIn tie ca e of Domestic Violence service providers or other agencies prohibited from entering data into HMIS documentation from the I-IMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit D. (3) I-IMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded Programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit E. F. Audit Report Re uirements The SUBRECIPIENT agrees ($500,000.00) or more that if the SUBRECIPIENT expends Five Hundred Thousand Dollars in that funds, the 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 in the Single Audit Act Amendments of 1996, OMB Circular A-133, and the OMB Circular Compliance SUBRECIPIENT shall provide the CITY wSupplement and Government Auditing Standards. The program year in which this AGREEMENT iSupplement a copy of said audit by April 1 of the year following the s executed. Further, the SUBRECIPIENT shall comply and/or 12 cause compliance with audit report(s) required by applicable provision as further detailed below. s of the Lead -Based faint Regulations VIII. EVALUATION AND MONITORING A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the determined by the CITY will Progra►i�. Substandard performance as constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access Lo Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative access the right to examine all records, books, papers, items, ematJs, and documents, both physical to and electronic, relating to the program. p y al and C. Audit The CITY shall have the right to audit and monitor any program incomc as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data, IX. LIA�TY A. Generally Each party to this AGREEMENT acknowledges that it will be liable for negligent omissions by or through itself, its employees, its own negligent acts or agents, and subcontractors. Each party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from on to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent r omissions, or any intentional tortuous acts which result in claims or suits against thacts o e CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third arising out of any contract, and nothing herein is intended to serve as a waiver of sovereirties gnaimmu fit, where sovereign immunity applies. B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass -through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold I-larmless The SUBRECIPIENT shall defend, indemnify ts off employees, representatives, volunteers, and student from save land agai► stess theT ny ►and allcdrama gents, property or injuries to or death of any person or persons, includingroe gents to the CITY, and shall defend, indemnify and save harmless the CITY, pits officers,pagents,oyeesoetnployees actions or proceedings of any kind representatives, volunteers, and student externs from and against any and all claims, demands, suits, or nature, including, but not by way of limitation, workers compensation claims and attorney fees/expenses for litigation or settlement, resulting from or arising out 13 Of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CPR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CPR part 50 and the recipient has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic Preservation Act of 1966. B. Lead -based aint remediation and disclosure The Lead -Based Paint Poisoning Prevention Act (42 U,S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants that were built before 1978. C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT responsibilities set forth in Subpart K of 24 CFR 35. D. Com . Rance with Subpart K will accept assignment from the CITY of all The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint ("LBP") hazards in a residential property that receives Federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K ("LBP Regs"). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated. paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of Federal assistance; and (3) Ongoin lead -based aint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a Federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part. (4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. 14 E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The Pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA approved equivalent. The current form and version of the pamphlet can be found at: http://www.santa-ana.org/cda/documents/ESGattachmentl-5.pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit.. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LI3P . nA rmation Su rrrr�ary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Ea:cmptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. `'I. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 24 CFR § 84.42 with respect to the use of program funds to Procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of program funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Prograrn's Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY 15 None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CITY, The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersede'§ any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such ESG Funds in any manner whatsoever. 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 the CITY and the SUBRECIPIENT, XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2 ) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant ainount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either party unless in writing and signed by both parties. In the event that the CTTY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT, XV. VIOLATION OF TERMS AND CONDITIONS A. Termination If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend this AGREEMENT in accordance with 24 CFR 85.43 and in accordance with 24 CFR 85.44 by giving written notice, and the CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT has expended the funds. If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or 16