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HomeMy WebLinkAboutS.A. PRCSA HOMELESS/UTILITY 1 - 2005 A-2005-061 5fr ~ : 1 AUG 3ll D. EMERGENCY SHELTER GRANT MEMORANDUM OF UNDERSTANDING WITH THE PARKS, RECREATION & COMMUNITY SERVICES AGENCY (Homeless Prevention/Utility Assistance) t'tbtt (p hvi<Ll'~ THIS ESG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING ("MOU") is made as of the ~ day of Ap,,-; I , 2005, by and between the City of Santa Ana, a charter city and municipal corporation ("City") and the Parks, Recreation and Community Services Agency of the City ("Subrecipient"). RECITALS A. City is the recipient of Emergency Shelter Grant ("ESG") funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the Stewart B. McKinney Homeless Assistance Act: Emergency Shelter Grants Program 42 USC 11331 et seq. B. Subrecipient is an entity of City and is engaged in administration of City's overall ESG program and seeks to provide the services described in Exhibit A (Scope of Work) in accordance with the schedule of performance included therein, hereinafter referred to as "said Program". Subrecipient represents that it is qualified and willing to operate said Program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the ESG program's National Objectives (24 CFR Part 570.208). C. Subrecipient represents that it has expertise and experience in the provision of emergency shelter programs for the homeless and is willing to use said federal funds to operate said program. D. Subrecipient agrees to assist homeless individuals and families in obtaining: appropriate supportive services including, but not limited to, temporary and permanent housing, medical health treatment, mental health treatment, couuseling supervision and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals. E. Subrecipient agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit B. Failure to follow the measurements and meet the stated outcomes 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. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. Sub recipient's Services. A. Statement of the Work. Subrecipient shall utilize City's ESG funds to provide for its administration of City's overall ESG program and support of its Program as described in Exhibit A. B. Standard of Care. As a material inducement to City to enter into this MOU, Subrecipient hereby represents and warrants that it has the experience necessary to undertake the services to be provided as set forth in Exhibit A. C. Compliance with Laws/Program Income. Subrecipient acknowledges that the funds being provided by City for said program are received by City pursuant to applicable ESG guidelines and that expenditures of these funds shall be in accordance with the ESG guidelines and all pertinent regulations issued by agencies of the federal government. Subrecipient agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement, and all Program Requirements. 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 whether or not referred to in this Agreement. D. Performance Monitoring. City shall monitor the performance ofthe Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance 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. 2. Term of MOD. Subrecipient shall provide its services under this MOD for a 12 month period commencing on July 1,2005 through June 30, 2006. 3. Budget. Subrecipient agrees to complete said Program on or before June 30, 2006 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. 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 Agreement. No budgetary changes shall occur without City's prior approval. Subrecipient hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. 4. Compensation. Amount of Grant; Ouarterlv Disbursement and Match Funds. The amount granted to Subrecipient is $15,000 ("ESG FUNDS"), and such funds shall be expended by Subrecipient on or before , 2006. The ESG FUNDS shall be disbursed by City to Subrecipient on a quarterly basis, subject to and upon receipt and approval of a complete quarterly activity report, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, 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. 2 In accordance with 42 USC l1375(a), Subrecipient agrees to match all federal funds provided by City to Subrecipient with an equal amount of funds from sources other than these or other ESG funds. Subrecipient cannot use ESG funds from other jurisdictions in order to meet this match requirement. Match documentation showing new, previously unused match dollars, must be provided with each quarterly report. 5. Program Evaluation and Review/Common Rule. Subrecipient shall make performance, financial and all other records pertaining to this MOU available to all City and HUD personnel. City and HUD personnel may inspect and monitor Subrecipient's facilities and program operations, including the interview of Subrecipient's staff and program participants. Subrecipient agrees to submit to City or HUD all data necessary to complete the Annual Grantee Performance Report in accordance with HUD requirements and in the format and at the time designated by City or HUD Project Directors or their designees. Pursuant to CFR 85.40(a), the City manages the day-to-day operations of each grant and sub grant 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. 6. Non-Discrimination and Eqnal Employment Opportunity. In the performance of this MOU, Subrecipient shall not discriminate against any employee, subcontractor or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. 7. Record KeepinglReporting. Subrecipient shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under the ESG Regulations, including the following: (1) Records a. Documentation evidencing income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, age of children, seniors, income verification. d. Documentation ofhomelessness pursuant to 42 U.S.C. l1374(a)(4) and 24 CFR 576.21. e. Documentation of all ESG FUNDS received from CITY. 3 f. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which ESG FUNDS were expended, and payment therefor. g. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the ESG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, Subrecipient shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documents pertaining to costs for subcontractors or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. b. Quarterly Activity Report: Subrecipient agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by Subrecipient in the performance of its obligations under this Agreement, including, but not limited to, the number oflow and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year-to-date program statistics on expenditures, caseload and activities. c. Quarterly certification of match, plus documentation of match source. d. Any such other reports as City (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by Subrecipient in the performance of its obligations under this Agreement, including, but not limited to, the activities, program accomplishments, new program information, match fund certification and current program statistics on expenditures, caseload and activities. When appropriate, pictures/slides should be included. 8. Conditions On Provisions Of Development And Implementing Homeless Prevention Activities In addition to, and not in substitution for, other provisions of this Agreement regarding said program using federal funds, SUBRECIPIENT: 4 A. Represents that it is, or may be deemed to be, a Homeless Prevention Program [24 eFR 576.21(a)(4)] and will implement homeless prevention activities subject to the limitations in 42 use I 1374(a)(4); Agrees that, in connection with said program, if ESG funds are to be used to assist families that have received eviction notices or notices of termination of utility services, the following conditions will be met: I. The inability of the family to make the required payments must be the result of a sudden reduction in income; 2. The assistance must be necessary to avoid eviction of the family or termination of services to the family; 3. There must be a reasonable prospect that the family will be able to resume payments within a reasonable period oftime; and 4. The assistance must not supplant funding for preexisting homeless prevention activities from any other source. 5 9. Revenue Disclosure Requirement. Subrecipient shall make available all books and records pertaining to each project or business activity that is funded by ESG Funds under this MOU for inspection and audit by HUD's representatives, upon request, at any time during the term of this MOU and during a period of 5 years thereafter. All such books and records shall be maintained by Subrecipient at a location in Orange County. Failure of Subrecipient to comply with the requirements of this section shall constitute a material breach for which City may terminate or suspend this MOO. 10. Audit Report Requirements. Subrecipient agrees that if Subrecipient receives Three Hundred Thousand Dollars ($300,000.00) 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 October I of the year following the program year in which this Agreement is executed. 11. Termination. This Agreement may be terminated in accordance with Federal Register 24 CFR Part 576 as follows: (a) on thirty (30) days' written notice by either party; (b) upon five (5) days' written notice for violation of Federal Laws governing the use ofESG Funds by Subrecipient; (c) terminated for convenience; and (d) terminated due to the non-performance of Subrecipient and/or failure of Subrecipent to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. In the event of any such termination, Subrecipient shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination and any and all funds not used must be returned to City per the paragraph below. 12. Homeless Involvement. Subrecipient certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constmcting, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants ofthese facilities [24 CFR 576.56(b); 42 USC 11375(d)]. 13. Exhibits. All documents referenced as exhibits in this MOU are hereby incorporated in this MOU, including Exhibits A and B. 14. Entire Agreement. This MOU, and all other documents incorporated herein by specific reference, represent the entire and integrated agreement between City and Subrecipient. This MOU supersedes all prior oral or written negotiations, representations or agreements. This MOU may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties that expressly refers to this MOU. 6 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first written above. ATTEST: /7 ' By(- ~. ... ''---4'atricia E. Healy Clerk ofthe Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: d: r.~-L Lisa E. Storck Assistant City Attorney CITY OF SA;T'jANA By: ~4 t2~ David N. Ream City Manager "SUBRECIPIENT" CITY OF SANTA ANA Parks, Recreation and Community Services Agency By: ~ Gerardo Mouet Executive Direct r 7 CITY OF SANA ANA EMERGENCY SHELTER GRANT Scope of Work Annual Accomplishment Goal I. Total number of clients anticipated to be served during 12-month contract period= 380 PERSONS II. Number of unduplicated Santa Ana residents to be served with grant funds during the 12- month contract period = _380 PERSONS III. Indicate below one City performance outcome that the sub-recipient will be tracking with a check mark in the appropriate box. HOMELESS NEEDS I Activitv/Pr02ram Homelessness D Prevention D Emergency Shelter D Transitional Housing ~ Supportive Services Outcome Trackin2 Track assisted individuals who retained their housing or utilities for at least 6 months after assistance was provided. Track individuals who received support services that were linked to one or more additional support service and/or appropriate housinu. Track homeless individuals who participated in transitional housing program that were placed in permanent housino. Track individuals who received support services that were linked to one or more additional support service and/or appropriate housing. Goal I 50% of assisted individuals and households will retain their housing or utilities for at least 6 months after assistance is provided. 50% of individuals/households that are provided with emergency shelter will transition to interim housing (i.e., transitional housing). 5% of homeless individuals participating in transitional housing program will be placed in permanent housing. 50% of individuals/families receiving support services will be linked to one or more additional support service and/or appropriate housing. IV. Description of Work - in space below, describe the program to be funded during the 12- month contract period including, services to be provided, program goals, client characteristics, & how grant funds will be utilized. The grant funds will be utilized to assist ninty-five families with their utility bills such as water, gas, light, rent or mortgage. The program goal is to prevent homelessness and keep families in their homes. ExA Schedule of Performance Estimate the number of un duplicated Santa Ana residents to be served during the 12-month contract period per quarter: Quarter 1: July I - September 30 Quarter 2: October I - December 31 Quarter 3: January I - March 31 Quarter 4: April I - June 30 Invoicinf! Schedule Total 95 95 95 95 380 Persons Persons Persons Persons Persons Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis: Quarter 1: July I - September 30 Quarter 2: October I - December 31 Quarter 3: January I - March 31 Quarter 4: April I - June 30 $ $ $ $ Total $ EXHIBIT A 3750 3750 3750 3750 15,000 2005-2006 CITY OF SANTA ANA COMMUNITY DEVELOPMENT BLOCK GRANT FINAL PROGRAM BUDGET Organization Name: City of Santa Ana Parks, Recreations and Community svcs aqenCV Program Name: Utilities assistance Proqram Program Year: _2005-2006 CATEGORY SANTAANACDBG OTHER TOTAL PROGRAM GRANT RESOURCES BUDGET Administrative Staff $ $8050 $8050 Salaries & Benefits Program Staff Salaries & 6750 6750 Benefits Office Supplies 200 200 Rent/Lease Communications Utilities Co ntractual/Professio nal Services (Please Specifv) Insurance Other (Please Specify) Utility assistance / Homeless Prevention 15,000 15000 TOTAL $15000 $15000 $30000 EXPENDITURES OTHER PROGRAM RESOURCES ACTUAL FUNDING SOURCE AMOUNT General Fund $8250 Fact Grant 6750 TOTAL $15000 EXHIBIT B 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: (I) 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 agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) 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 ofa Member of Congress in cOlmection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Fonn 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 under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation offact 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 file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (\t~ ~jo ~a Grante C tactor Organization Name of Certifying Officer Signature Date EXHIBIT C Page 1 of2 SUB RECIPIENT 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 construction 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. , EXHIBIT C Page 2 of2