HomeMy WebLinkAbout25E - PERSONS WITH AIDS PROGRAM FY 2009-2010REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 1, 2009
TITLE:
FUNDING ALLOCATIONS FOR THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM
FISCAL YEAR 2009-2010
~'
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute
the attached cooperative agreement between the City of Santa Ana and
the Housing Authority of the City of Santa Ana in the amount of
$500,000 for a one-year term for the ongoing administration of the
Tenant-Based Rental Assistance Program, subject to non-substantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute
the attached cooperative agreement with the County of Orange Health
Care Agency in the amount of $975,043 for a one-year term to provide
supportive housing services to HIV/AIDS individuals in the County of
Orange, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Since 1993, the City of Santa Ana has received federal funds through the
U.S. Department of Housing and Urban Development (HUD) for the Housing
Opportunities for Persons with AIDS (HOPWA) Program to be used
countywide. The HOPWA Program is designed to provide resources and
incentives for long-term comprehensive strategies to meet the housing
needs of persons with Acquired Immune Deficiency Syndrome (AIDS). HUD
has allocated $1,458,807 to the City of Santa Ana for the fiscal year
2009-2010.
Eligible activities for the HOPWA Program includes: 1) new construction,
acquisition and rehabilitation of affordable housing; 2) provision of
tenant-based rental assistance; 3) short-term rental and mortgage payment
assistance to prevent homelessness; 4) supportive social services and
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Funding Allocations for the
HUD HOPWA FY 2009-2010
June 1, 2009
Page 2
administrative expenses incurred by jurisdictions coordinating local
programs. In allocating grant funds for eligible activities, the City of
Santa Ana is required to consider the service needs of eligible persons
who reside throughout Orange County, and approve funding for projects
which may be located anywhere within the County.
In order to ensure that the limited funds are prioritized, City staff has
worked closely with the Housing Committee of the Orange County HIV
Planning Council, the HIV Planning Council, and agencies throughout the
County of Orange providing services to the HIV/AIDS community. On
January 22, 2009, a strategic planning meeting was held to determine
priorities for the fiscal year 2009-2010 funds. Representatives from the
Orange County Health Care Agency, service providers from throughout the
county, HIV/AIDS infected and affected individuals and City staff
participated in the meeting.
Based on the strategic planning meeting, the 2009-2010 fiscal year
funding recommendations were established. The recommended funding levels
are: 1) $500,000 to continue the Tenant-Based Rental Assistance Program
with the Housing Authority of the City of Santa who will subcontract with
AIDS Services Foundation Orange County to administer the wait list; 2)
$975,043 to the Orange County Health Care Agency for supportive housing
services to individuals throughout Orange County; this amount includes
$60,000 from previous years development fund; 3) $42,060 for
administrative costs.
FISCAL IMPACT
Funds are available in the HOPWA Program account (nos. 405-140-6931 and
405-148-6931).
APPROVED AS TO FUNDS AND ACCOUNTS:
~- (~
Cynt is elson Francisco Gutierrez 13
Deputy City Manager for Executive Director
Development Services Finance & Management Services Agency
Community Development Agency
CJN/SLB/LF/sr
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COOPERATIVE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
THE SANTA ANA HOUSING AUTHORITY
This Cooperative Agreement entered into this 1St day of July, 2009, which date is
enumerated for purpose of reference only, is by and between the City of Santa Ana
("City") and the Santa Ana Housing Authority ("Project Sponsor"). This Agreement
shall be administered by the City of Santa Ana.
RECITALS:
A. City on behalf of all jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housing and Urban
Development ("HUD") pursuant to the Housing Opportunities for Persons With AIDS
("HOPWA") Program; and
B. City has entered into a HOPWA grant agreement with HUD; and
C. Project Sponsor has provided leadership and is responsible for planning and
providing comprehensive HIV services for clients throughout Orange County and will
maintain the wait list for the program; and
D. Project Sponsor will provide services to support the Tenant-Based Rental
Assistance Program which consists of financial eligibility of tenants, HQS inspections,
and financial responsibility for housing assistance payments to landlords; and
E. The parties have cooperatively written and agree to an Administrative Plan
which identifies guidelines for the operation of the HOPWA Tenant-Based Rental
Assistance Program.
NOW, THEREFORE, the parties mutually agree as follows:
I. ALTERATION OF TERMS
A. The parties anticipate that this Agreement may be amended, or followed by additional
agreements, to implement additional services and funding of the type covered by
this Agreement.
B. This Agreement fully expresses all understanding of City and Project Sponsor
with respect to the subject matter of this Agreement, and shall constitute
the total Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement, whether written or verbal, shall be valid
unless made in writing and formally approved and executed by each party.
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II. SERVICES
A. City shall serve as "HOPWA Grantee" for the purpose of contracting with
organizations to provide Tenant-Based Rental Assistance to persons disabled
due to HIV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with the other agencies or contractors within the County, if
deemed necessary and advisable to do so by City; provided however, the
obligations and rights covered by this Agreement shall not be altered or
reduced, except as mutually agreed to in writing by City and Project Sponsor.
C. City shall conduct an ongoing assessment of the Tenant-Based Rental
Assistance Program.
D. Project Sponsor shall assure the adequate provision of supportive services to
applicants/participants to ensure program success.
E. Project Sponsor shall comply with such other terms and conditions, including
record keeping and reports for program monitoring and evaluation purposes, as
HUD may establish for purposes of carrying out the program in an effective and
efficient manner. Annual progress reports will be prepared by Project Sponsor in
a form consistent with HUD publications HUD-40110-C (8/94). In addition,
Project Sponsor shall forward quarterly narrative reports to City identifying
accomplishments as HOPWA Project Sponsor for Tenant-Based Rental
Assistance for persons with HIV disease. These reports are to be submitted in
conjunction with payment/cost reports identified in Section IV of this Agreement
along with a summary of program budgets and financial disbursements made
under the terms of this Agreement.
F. "Contract Officers" means the City's Housing Manager or designee and
Project Sponsor's designee.
G. See Attachment I for detailed services and related cost breakdown.
III. BUDGET
The following budget is an estimate only of the cost of providing the services hereunder
for the term July 1, 2009 through June 30, 2010. This budget may be modified by mutual
written agreement of the Contract Officers.
Administration $ 35,000.00
Housing Assistance Payments/Program Expense $465,000.00
TOTAL (Maximum Obligation) $500,000.00
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IV. PAYMENTS/COST REPORT
A. 1) City shall pay Project Sponsor for the actual costs of providing the
administration of services hereunder, whether provided directly by
Project Sponsor, provided, however, the total of all
payments to Project Sponsor shall not exceed the Maximum
Obligation as specified in Section III of the Agreement.
2} City shall draw down HOPWA funds designated for rental subsidy
payments on a monthly basis after receipt of certification of
individual of individual tenant subsidy amounts. After final
approval by City, funds will be disbursed to landlords.
B. Project Sponsor shall invoice City monthly exclusive of rental subsidy
payments, in arrears, based on the actual cost of providing and contracting for
the services hereunder. City shall pay Project Sponsor no later than thirty (30)
days following receipt of such invoice. Monthly payments are interim
payments only, and are subject to final settlement and reconciliation to the
final Cost Report submitted by Project Sponsor.
C. All billings by Project Sponsor shall be accompanied by copies of source
documentation including, but not limited to, journals, time sheets, canceled
checks, and records of cost incurred by Project Sponsor in the performance of
this Agreement.
D. At such times and in such a format as the Contract Officers mutually agree in
writing, Project Sponsor shall prepare and submit to City reports of cost
incurred by Project Sponsor in the performance of this Agreement.
E. The Cost Report(s) shall be financial and statistical reports(s) submitted by
Project Sponsor to City, and shall serve as the basis for final Settlement of this
Agreement. The Cost Reports(s) shall detail all costs incurred by Project
Sponsor to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by Project
Sponsor to provide services hereunder. If the Cost Report(s) indicates the total
of City's payments to Project Sponsor are less than Project Sponsor's cost to
provide the services hereunder, City shall pay Project Sponsor the difference;
provided, however, the total payment shall not exceed the Maximum
Obligation. If the Cost Report(s) indicates the total of City's payments to
Project Sponsor are higher than Project Sponsor's cost of providing the
services hereunder, Project Sponsor shall pay City the difference. Payment
due pursuant to the Cost Report(s) shall be made within thirty (30) days of
the Final Settlement determination.
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G. Any funds not expended by fiscal year end, June 30, 2010 shall be returned to
City. Said unexpended funds shall be reallocated by City through the
HOPWA Program.
V. DISPUTE RESOLUTION
A. Any party may give written notice to the other setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract
Officers on behalf of the parties. The Officers shall have fifteen (15) working days
following such notice to obtain resolution of any issues(s) identified in this manner;
provided, however, by mutual consent this period of time maybe extended to thirty
(30) days.
B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the
written notice described above to the Deputy City Manager for Development Services
and to City's Housing Manager for resolution. If the Officers are unable to prepare a
joint statement, each shall submit separate statements to the previously listed within
the thirty (30) day period. Such persons shall meet and make their best effort to
resolve the matter within thirty (30) days following submission of the statements.
Resolution of the dispute, or lack thereof, by the Deputy City Manager for
Development Services and the Santa Ana City Manager shall be documented in the
form of written correspondence exchanged by such persons within ten (10) days
following their meeting.
VI. INDEMNIFICATION
Each party agrees to indemnify, defend, and hold harmless the other party, its
officers, agents and employees from all liability, claims, losses and demands, including
defense costs, whether resulting from court action or otherwise, arising out of the acts or
omissions of the indemnifying party, its officers, agents or employees or the condition of
property used in the performance of this Agreement.
VII. INSURANCE
With respect to performance of work under this Agreement, Project Sponsor shall
maintain and shall require its subcontractors, if any, to maintain insurance as described
below:
1. Worker's compensation insurance within statutory legal limits, and
2. Commercial General Liability insurance with limits of not less than
$1,000,000 per accident/incident.
Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish
properly executed certificates of insurance and additional insured endorsement to the City
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which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 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.
VIII. INSPECTIONS AND AUDITS
A. Any authorized representative of City, the Comptroller General of the United States,
the United States Department of Housing and Urban Development or any of their
authorized representatives, shall have access to City books, documents, records,
which such persons deem pertinent to this Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of
retention set forth in the Records/Confidentiality paragraph of this Agreement and the
premises in which they are provided.
B. City shall actively participate and cooperate with any persons specified in
subparagraph A above in any evaluation or monitoring of the services provided
pursuant to the Agreement, and shall provide the above mentioned persons adequate
office space to conduct such evaluation or monitoring.
IX. LICENSES AND LAW
A. Project Sponsor, its officers, agents, employees, and subcontractors shall, throughout
the term of this Agreement, maintain all necessary licenses, permits, approvals,
certificates, waivers and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, State of
California, City, and any other applicable governmental agencies.
B. Project Sponsor shall comply with all laws, rules, or regulations applicable to the
services provided hereunder, as any may now exist or be hereafter changed. These
laws, rules, and regulations shall include, but not limited to the following:
United States Code (U.S.C.), title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing
Opportunities for Persons with AIDS.
3. Office of Management and Budget (OMB) Circular No. A-122, Cost
Principles for nonprofit organizations.
4. OMB Circular No. A-133, Audits of Institutions of Higher Education and
Other Nonprofit Institutions.
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IX. NONDISCRIMINATION
A. Employment -Project Sponsor warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the Federal Equal Opportunity Commission and all appropriate state
laws and regulations.
B. Services, Benefits, and Facilities -Project Sponsor and its contractors, shall not
discriminate in the provision of services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital status, national origin, age, sexual preference,
medical condition, or physical or mental handicap in accordance with Title VI of the
Civil Rights Act of 1964, 42 U.S.C. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, and as otherwise provided by state law and
regulations, as all may now exist or be hereafter amended or changed.
C. Disabled Individuals -Project Sponsor and its contractors agree to comply with the
provisions of Section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as
implemented in 45 CFR 84.1 et seq.), pertaining to the prohibition of discrimination
against qualified handicapped persons in all programs or activities, as they exist now
or maybe hereafter amended together with succeeding legislation.
D. Retaliation -Project Sponsor and its employees, agents, or contractors shall not
intimidate, coerce or take adverse action against any person for the purpose of
interfering with rights secured by federal or state laws, or because such person has
filed a complaint, certified, assisted or otherwise participated in an investigation,
proceeding, hearing or any other activity undertaken to enforce rights secured by
federal or state law.
X. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or
statements authorized or required by this Agreement shall be effective when
written and deposited in the United States mail, first class postage prepaid and
addressed as specified in this Agreement.
B. Termination Notices shall be effective when written and deposited in the United
States mail, certified, return receipt requested, and addressed as specified below.
C. For purposes of this Agreement, any notice to be provided by City may be given
by Contract Officers.
Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
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City
City of Santa Ana
Attn: Deputy City Manager for Development Services
20 Civic Center Plaza (M-25)
Santa Ana, CA 92701
Project Sponsor:
Santa Ana Housing Authority
Attn: Linda Foster
20 Civic Center Plaza (M-27)
Santa Ana, CA 92701
XI. RECORDS/CONFIDENTIALITY
A. The parties, and any subcontractors, shall prepare and maintain any records required
by laws, regulations, and procedures applicable to their responsibilities under this
Agreement.
B. The parties agree to maintain the confidentiality of any records which pertain to this
Agreement in accordance with applicable state and federal laws and regulations.
Financial records related to this Agreement shall be maintained for two (2) years after
termination of this Agreement.
XII. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of
this Agreement contravenes any federal, state or county statute, ordinance, or regulation,
the remaining provisions of this Agreement or the application thereof shall remain valid,
and the remaining provisions of this Agreement shall remain in full force and effect, and
to that extent the provisions of this Agreement are severable.
XIII. STATUS OF CONTRACTOR
The Housing Authority is, and at all times,shall be deemed to be, an independent
contractor and shall be wholly responsible for the manner in which they perform the
services required by the terms of this Agreement. The Housing Authority is, and at all
times shall be deemed to be, entirely responsible for compensating staff and consultants
employed by the Housing Authority. This Agreement shall not be construed as creating
the relationship of employer and employee, or principal and agent, between City and the
Housing Authority employees, agents, or subcontractors. The Housing Authority
assumes exclusively the responsibility for the acts of its employees, agents or
subcontractors as they relate to the services to be provided during the course and scope of
their employment. The Housing Authority, its agents, employees, or subcontractors, shall
25~-9
not be entitled to any rights or privileges of City employees and shall not be considered in
any manner to be City employees.
XIV. NON-ASSIGNABILITY AND DELEGATION
Project Sponsor shall not assign any rights under this Agreement except
upon written authorization from City.
XV_ TERM
The term of this Agreement shall commence July 1, 2009 and terminate June 30,
2010, unless terminated earlier as provided in this Agreement; provided, however, the
Santa Ana Housing Authority shall be obligated to perform such duties as would
normally extend beyond this term, including but not limited to, obligations with respect
to indemnification, audits, reporting and accounting.
XVI. TERMINATION
A. Any party may terminate this Agreement, without cause, upon ninety (90) days
written notice given the other parties.
B. Any party may terminate this Agreement, upon thirty (30) days written notice given
the other parties for material breach after failure to resolve the breach pursuant to the
Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of City and the Housing Authority provided in this
Termination paragraph shall not be exclusive, and are in addition to any other rights
and remedies provided bylaw or under this Agreement.
XVII. THIRD PARTY BENEFICIARY
No party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVIII. WAIVER OF DEFAULT OR BREACH
Waiver of any default the Housing Authority or City shall not be considered
a waiver of any subsequent default. Waiver of any breach by the Housing Authority or
City of any provision of this Agreement shall not be considered a waiver of any
subsequent breach. Waiver of any default of any breach by the Housing Authority or
City shall not be considered a modification of the terms of this Agreement.
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25E-10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
stated above.
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO CONTENT:
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By: Lisa E. Storck
Assistant City Attorney
HOUSING AUTHORITY
Cynthia J. Nelson
Executive Director
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COOPERATIVE AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
This Cooperative Agreement ("Agreement") is hereby entered into for the term of July 1,
2009 through June 30, 2010, by and between the City of Santa Ana, a charter city and
municipal corporation organized under the Constitution and laws of the State of California
("City") and the County of Orange ("County").
Recitals
A. City, on behalf of all jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housing and Urban Development
(HUD) pursuant to the Housing Opportunities for Persons with AIDS (HOPWA) program;
and
B. City has entered into a HOPWA grant agreement with HUD; and
C. County has provided leadership and is responsible for planning, providing and
contracting for comprehensive HIV services and has prepared, in conjunction with the HIV
Planning Council, Orange County's HIV Plan for providing such services; and
D. City wishes to contract with County in order that County may obtain
supportive housing services by contract for persons with HIV disease, which services shall be
administered and monitored by County; and
E. County is agreeable to rendering such services on the terms and conditions
hereinafter set forth;
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. COUNTY SERVICES
A. County shall serve as "HOPWA Project Sponsor" for the purpose of
contracting with organizations to provide supportive housing services, to persons with
HIV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with other political subdivisions within the County, if deemed necessary and
advisable to do so by City; provided however, the obligations and rights covered by this
Agreement shall not be altered or reduced, except as mutually agreed to in writing by City
and County.
C. County shall utilize competitive bidding and contracting procedures for
supportive housing services as required in HOPWA program regulations. As HOPWA
Project Sponsor, County's responsibilities and payments cover appropriate monitoring and
administration of contracts resulting from competitive bid.
D. County shall ensure that each agency subcontractor receiving funds through
this Agreement operates in accordance with the requirements of the applicable HL1D
regulations for the HOPWA Program and other federal, state and local regulations as
appropriate.
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E. County shall conduct an ongoing assessment of the supportive housing
services required by the participants in the program.
F. County shall assure the adequate provision of supportive services to the
participants in the program; and
G. County shall comply with such other terms and conditions, including record
keeping and reports for program monitoring and evaluation purposes, as HUD may establish
for purposes of carrying out the program in an effective and efficient manner. Quarterly and
Annual progress reports will be submitted by County within forty-five (45) days after the
quarter/year ends in a form consistent with HUD publication HUD-40110-C (11/97) or any
other form that HUD may require. [See Exhibit A (Quarterly Report) and Exhibit B (Annual
Report) attached hereto and incorporated herein by reference]. These reports shall include
copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement,
copies of contracts between County and service providers, as well as a summary of program
budgets and financial disbursements made under the terms of this Agreement.
H. "Contract Officers" means the County's Health Care Agency Contract
Development and Management Manager or designee and the City's Housing and
Neighborhood Development Manager.
I. County shall ensure that any County Subgrantee/Subcontractor receiving
funds through this Agreement is informed that it must abide by the same terms and
conditions and responsibilities as set forth in this Agreement for the County to follow.
II. BUDGET
A. The following budget is an estimate only, of the costs of providing the services
hereunder. This budget may be modified by mutual written agreement of the Contract
Officers. The maximum obligation hereunder is $975,043.
Supportive Housing Services $906,790
Administration* (see B. below) 68,253
$975,043
B. The Administration costs shall be seven percent (7%) of the actual expended
grant funds.
C. All services and expenditures will be performed by June 30, 2010 and invoiced by
August 15, 2010. Any remaining funds under this Agreement will be de-obligated upon
termination of this Agreement.
III. PAYMENTS/COST REPORT
A. City shall pay County for the actual costs of providing the services hereunder,
whether provided directly by County or its subcontractors, provided, however, the total of all
payments to County shall not exceed the Maximum Obligation as specified hereinabove.
B. County shall invoice City monthly, in arrears, based on the actual cost of providing
and contracting for the services hereunder. County shall submit each invoice within forty-
five (45) days after the end of each month. City shall pay County no later than thirty (30)
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25E-13
days following receipt of such invoice and complete documentation of services performed,
cost and number of persons served, and Monthly Invoice Summary (See Exhibit C attached
hereto and incorporated herein by reference). Final invoice must be submitted by August 15,
2010.
C. All invoices submitted by County shall be accompanied by source documentation
including, but not limited to, journals, time sheets, canceled checks, invoices and records of
services provided.
D. At such times and in such a format as the Contract Officers mutually agree in writing,
County shall prepare and submit to City report(s) of administrative costs incurred by County
in the performance of this Agreement.
E. The Cost Report(s) shall be financial and statistical report(s) submitted by County to
City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s)
shall detail all costs incurred by County to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by County to provide
services hereunder. If the Cost Report(s) indicates the total of City's payments to County are
less than County's cost to provide the services hereunder, City shall pay County the
difference; provided, however, the total payment shall not exceed the Maximum Obligation.
Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final
Settlement determination.
IV. DISPUTE RESOLUTION
A. Either party may give written notice to the other, setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract Officers
on behalf of the parties. The Officers shall have fifteen (15) working days following such
notice to obtain resolution of any issue(s) identified in this manner, provided, however, by
mutual consent this period of time may be extended to thirty (30) days.
B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the written
notice described above to the Orange County Health Care Agency (HCA) Director and to the
Executive Director of the Community Development Agency (CDA) or designee for
resolution. If the Officers are unable to prepare a joint statement, each shall submit separate
statements to the HCA Director and Executive Director of City's Community Development
Agency within the thirty (30) day period. Such persons shall meet and make their best effort
to resolve the matter within thirty (30) days following submission of the statements.
Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director or
designee shall be documented in the form of written correspondence exchanged by such
persons within ten (10) days following their meeting.
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V. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers, agents,
and employees from all liability, claims, losses and demands, including defense costs,
whether resulting from court action or otherwise, arising out of the acts or omissions of the
indemnifying party, its officers, agents or employees or the condition of property used in the
performance of this Agreement.
VI. INSPECTIONS AND AUDITS
A. Any authorized representative of City, any authorized representative of the State of
California, the Secretary of the United States Department of Health and Human Services, the
Comptroller General of the United States Department of Housing and Urban Development or
any of their authorized representatives, shall have access to County books, documents, and
records, which such persons deem pertinent to the Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of retention set
forth in the Records/Confidentiality paragraph of this Agreement and the premises in which
they are provided.
B. County shall actively participate and cooperate with any person specified in
subparagraph A. above in any evaluation or monitoring of the services provided pursuant to
this Agreement, and shall provide the above mentioned persons adequate office space to
conduct such evaluation or monitoring.
VII. LICENSES AND LAW
A. County, its officers, agents, employees, and subcontractors shall, throughout the term
of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers
and exemptions necessary for the provision of the services hereunder and required by the
laws and regulations of the United States Department of Health and Human Services, State of
California, County and any other applicable governmental agencies.
B. County shall comply with all laws, rules or regulations applicable to the services
provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and
regulations shall include, but not be limited to the following:
1. United States Code (U.S.C.A.), Title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities
for Persons with AIDS.
3. CFR Title 24, Part 85, Common Rule to the Community Development Block
Grant Entitlement Program.
4. Office of Management and Budget (OMB) Circular No. A-87, Cost Principles
for State and Local Governments.
5. OMB Circular No. A-128, Single Audit Act of 1984.
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25E-15
VIII. NONDISCRIMINATION
A. EMPLOYMENT -County warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the United States Equal Opportunity Commission and all appropriate state and
federal laws and regulations.
B. SERVICES, BENEFITS, AND FACILITIES -Neither County, nor any of its
contractors, shall discriminate in the provision or services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual
preference, medical condition, or physical or mental handicap in accordance with Title VI of
the Civil Rights Act of 1964, 42 U.S.C.A. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, and as otherwise provided by State law and
regulations, as all may now exist or be hereafter amended or changed.
C. DISABLED INDIVIDUALS -County and its contractors shall agree to comply with
the provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A 794 et seq., as
implemented in 45 CFR 84.1 et seq.), and the Americans with Disabilities Act of 1990 (42
U.S.C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified
disabled persons in all programs or activities, as they exist now or may be hereafter amended
together with succeeding legislation.
D. RETALIATION -Neither County, nor its employees, agents, or contractors shall
intimidate, coerce or take adverse action against any person for the purpose of interfering
with rights secured by Federal or State laws, or because such person has filed a complaint,
certified, assisted or otherwise participated in an investigation, proceeding, hearing or any
other activity undertaken to enforce rights secured by Federal or State law.
IX. NOTICES
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed
by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6956
25E-16
With courtesy copies to:
City of Santa Ana
Linda Foster, HOPWA Coordinator
20 Civic Center Plaza (M-27)
Santa Ana, California 92702-1988
To County: County of Orange
Health Care Agency
Contract Development and Management
405 West 5th Street, 6th Floor
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid,
and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand,
delivery, or other communication shall be effective or deemed to have been given twenty-
four (24) hours after the time set forth on the transmission report issued by the transmitting
facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
X. RECORDS/CONFIDENTIALITY
a. The parties, and any subcontractors, shall prepare and maintain any records
required by laws, regulations and procedures applicable to their responsibilities under this
Agreement.
b. The parties agree to maintain the confidentiality of any records which pertain to
this Agreement in accordance with applicable state and federal laws and regulations.
Financial records related to this Agreement shall be maintained for two (2) years after
termination of this Agreement.
c. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either party
by any subsidiary and/or agent of the other party is covered by this Agreement.
XI. JURISDICTION/VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and
the validity, interpretation, performance, and enforcement of any of the clauses of this
6
25E-17
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
XII. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of this
Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the
remaining provisions of this Agreement or the application thereof shall remain valid, and the
remaining provisions of this Agreement shall remain in full force and effect, and to that
extent the provisions of this Agreement are severable.
XIII. INDEPENDENT CONTRACTOR
County is, and shall at all times be deemed to be, an independent contractor and shall
be wholly responsible for the manner in which it performs the services required of it by the
terms of this Agreement. County is entirely responsible for compensating staff and
consultants employed by County. This Agreement shall not be construed as creating the
relationship of employer and employee, or principal and agent, between County and City or
any of County's employees, agents, or subcontractors, or principal and agent, between
County and City or any of County's employees,. County assumes exclusively the
responsibility for the acts of its employees, agents or subcontractors as they relate to the
services to be provided during the course and scope of their employment. County, its agents,
employees, or subcontractors, .shall not be entitled to any rights or privileges of City
employees and shall not be considered in any manner to be City employees.
XIV. TERM
The term of this Agreement shall commence and terminate as specified herein, unless
otherwise sooner terminated as provided in this Agreement; provided, however, County shall
be obligated to perform such duties as would normally extend beyond this term, including
but not limited to, obligations with respect to indemnification, audits, reporting and
accounting.
XV. TERMINATION
A. Either party may terminate this Agreement, without cause, upon ninety (90)
days written notice given the other party.
B. Either party may terminate this Agreement, upon thirty (30) days written
notice given the other party for material breach after failure to resolve the breach pursuant to
the Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of County or City provided in this Termination
7
25E-18
paragraph shall not be exclusive, and are in addition to any other rights and remedies
provided by law or under this Agreement.
XVI. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVII. WAIVER OF DEFAULT OR BREACH
Waiver of any default by County or City shall not be considered a waiver of any
subsequent default. Waiver of any breach of County or City of any provision of this
Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default
or any breach by County or City shall not be considered a modification of the terms of this
Agreement.
XVIII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
25E-19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of
Orange, State of California, on the date and year first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
CITY OF SANTA ANA:
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
COUNTY OF ORANGE
BY:
CHAIRMAN OF THE BOARD OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:
DEPUTY
9
25E-20
EXHIBITA
FORM A
HOPWA ACCOMPLISHMENT REPORT
Organization:
Program or Project:
Location:
1. Select the one category that best describes service provided with HOPWA Funds:
^ Facility Based Housing (with or w/out Supp Svcs) .................. Submit Form A, B & E
^ Scattered Site: (e.g. TBRA, EFA, STRMU) .............................. Submit Form A, B & C
^ Housing Coordination/Admin ................................................. Submit Form A & D
^ Supportive Services Only (e.g. Detox, Life Skills) ................... Submit Form A, B & E
2. Check Box Indicating Report Period:
^ 1St Quarter (7/1 - 9130) ^ 2"d Quarter
^ 3rd Quarter (1!1 - 3/31) ^ 4th Quarter
^ Year End Report
3. Amount of HOPWA Expended In Reporting Period:
4. Number of Unduplicated Persons Assisted in Reporting Period:
Number of Duplicated Persons Assisted in Reporting Period:
5. For Construction Projects, Number of Units Completed:
Also Submit Form F
(1011 - 12131)
(4/1 - 6/30)
Please attach applicable Report Forms and a short narrative summary for each project or
service funded with HOPWA funds.
I certify that the information within this quarterly report is true and correct.
Name:
Signature:
Telephone:
Title:
Date:
Fax : Email:
Pag~1~ ~ X21 Revised 05/05/09
EXHIBITA
FORM B
HOPWA DEOMOGRAPHICS REPORT
Organization:
Program:
Persons Receiving Housing Assistance:
Number of Persons with HIV/AIDS:
Number of Other Family Members:
TOTAL:
Total Households Receiving Housing Assistance:
All Famil Members Under 18 18-30 31-50 Over 50 Total
Male:
Female:
Tota I:
Mot
thl Income of Households:
$0-$250 $251-$500 $501-$1000 $1001-$1500 $1501-$2000 Over $2000
Race I Ehtnicity:
American Indian/Alaskan Native:
Asian:
Black/African American:
Native Hawaiian/Other Pacific Islander:
White:
American Indian/Alaskan Native & White:
Asian & White:
Black/African American & White:
Am. Indian/Alaskan Native & Black/African Am.:
Other Multi-Racial:
Balance of individuals reporting more than one race:
Tota I:
Report Race of All I Number of Family Members
Family Members Identifvinq as Hispanic! Latino
Recent Living Situation: Entering From: Leaving To:
Homeless /Streets:
Transitional Housing:
Emergency Shelter:
Psychiatric Facility:
Substance Abuse Treatment:
Hospital /Medical:
Jail /Prison:
Domestic Violence:
Living w/ Relative or Friend
Rental Housing:
Participant-owned Housing:
Life Event:
Other:
Page 2 of 6 Revised 05 /05/09
25E-22
EXHIBIT A
REPORT FORM C
SCATTERED SITE HOUSING ACTIVITY
(Tenant Based Rental Assistance, Emergency Housing/Utility Assistance)
ACTIVITY NAME:
ACTIVITY LOCATION:
DATE PAYMENTS BEGAN:
Number of Units Assisted by Payment Type:
SRO 0 Bdrm 1 Bdrm 2 Bdrms 3 Bdrms 4 Bdrms 5+ Bdrms
Tenant-Based Rent
Rent, Mort a e, Utilities
Rent, Mort a e, Utilities
Expenditures By Type:
Tenant Based Rental Assistance: $ STRMU Assistance: $
Total Families Assisted with Housing Assistance:
Program Departure Counts:
Number of Months
Voluntary:
Nonpayment of rent:
Supportive Service noncompliance:
Unknown:
Criminal:
Death:
Other:
Available HOPWA Funds:
Total HOPWA Funds for Project: $
Total HOPWA Expended To Date: $
Project Balance Remaining: $
Leveraging (for year end report only):
Non-HOPWA Funds: $
Value of In-Kind Support: $
$
Total of Leveraged Amounts: $
<3 3-6 7-12 >12
Page~~~~~ Revised 05!05/09
EXHIBIT A
REPORT FORM D
(Housing Information /Coordination, Admin)
ORGANIZATION:
PROGRAM:
Total Households Receiving Housing Information:
Estimated Persons Receiving Housing Information:
HOPWA EXPENDITURE DETAIL
Enter the amount of HOPWA funds expended during the report period for one or more of the activities listed below:
Housing Coordination: $
Administrative Costs: $
Total: $
Available HOPWA Funds:
Total HOPWA Funds for Project: $
Total HOPWA Expended To Date: $
Project Balance Remaining: $
Leveraging (for year end report only):
Non-HOPWA Funds: $
Value of to-Kind Support: $
Total of Leveraged Amounts: $
Pag~~E~24 Revised 05/05/09
EXHIBITA
REPORT FORM E
SUPPORTIVE SERVICES
Program:
Location:
Receiving Supportive Svcs
wl Housing Assistance
Persons With HIV/AIDS
Other Persons in Family Unit
Total
Receiving Supportive Svcs
Only
Supportive Services $ Expended
1. Outreach $
2. Case Management/ Advocacy/Access to B enefits Svcs $
3. Life Management (outside of Case Management $
4. Nutritional Services/Meals $
5. Adult Day care and Personal Assistance $
6. Child Care and other Children's Services $
7. Education * $
8. Employment Assistance " $
9. Alcohol and Drub Abuse Services $
10. Mental Health Services $
11. Health/Medical/Intensive Care Services $
12. Permanent Housing Placement $
13. Transitional Shelter $
14. Other $
15. Other $
TOTAL $
^ Number ofJobs /New Employment that Result from # 7 & 8
Available HOPWA Funds:
Total HOPWA Funds for Project: $
Total HOPWA Expended To Date: $
Project Balance Remaining: $
Leveraging (for year end report only):
Non-HOPWA Funds: $
Value of In-Kind Support: $
Total of Leveraged Amounts: $
Page 5 of 6
25E-25
# of Persons Served
Revised 05/05/09
EXHIBIT A
FORM F
FACILITY BASED HOUSING
(Housing Acquisition, Construction or Rehab)
FACILITY NAME:
FACILITY TYPE:
NUMBER OF UNITS BY FACILITY TYPE:
SRO 0 Bdrm 1 Bdrms 2 Bdrms 3 Bdrms 4 Bdrms 5+ Bdrms
Date of Closing/Lease Execution:
Date Construction/Rehab Started:
Date Construction/Rehab Completed:
Date Operations Staff Hired:
Date Residents Began to Occupy:
HOPWA EXPENDITURES (in dollars)
Acquisition:
Rehab/Conversion/Repair:
Lease:
New Construction:
Operating Costs:
Technical Assistance:
Rental Assistance:
Other:
Other:
Is the site owned by a public entity?
is this activity "substantial" rehab?
Available HOPWA Funds:
Total HOPWA Funds for Project:
Total HOPWA Expended To Date
Project Balance Remaining:
Leveraging {for year end report only):
Non-HOPWA Funds:
Value of In-Kind Support:
Total of Leveraged Amounts
TOTAL: $
^Yes
^Yes
^No
^No
Page 6 of 6 Revised 05/05/09
25E-26
EXHIBIT B
HOPWA SUB-GRANTEE
YEAR END ACCOMPLISHMENT REPORT
HOPWA Sub-grantee: Fiscal Year/Report Period:
HOPWA Funded Activity Name:
1. Amount of Funds Allocated: $
Amount of Funds Expended $
2. Amount of resources used in conjunction with HOPWA funded activities:
Cash: $
In-Kind Contributions:
3. Describe activities/funding carried out in collaboration with related programs/resources:
a. Ryan White CARE Act: $
Activities:
b. AIDS Drugs Assistance Amount: $
Activities:
c. Continuum of Care Homeless Assistance Amount: $
Activities:
d. Other efforts to assist Persons with HIV/AIDS and their Families:
4. Compare annual planned versus actual accomplishments for this report period:
Type of Units Planned Actual
Rental Assistance
Short Term Emergency Housing Payments
Units in Facilities supported with Operating Costs
Units in Facilities being Developed with Capital Cost but Not yet Open
Subtotal
~ Deduction for Units Reported in More than One Category ~ ~ ~
Total
HOPWA YEAR END ACCOMPLISHMENTS REPORT
Revised 05/05!09
2~~1~27
EXHIBIT B
5. Project Accomplishments (attach additiona! pages if necessary):
Summarize Housing Activities:
Unique Supportive Service or other Services Delivery Models or Efforts:
Other Accomplishments:
6. Barriers, Trends or Recommendations Overview (attach additional pages fn necessary):
Barriers Encountered:
Trends in Meeting Needs:
Recommendations:
7. Sub-Recipient Overview, if applicable (attach additiona! pages if necessary)
Describe how sub-recipients were chosen:
Describe your sub-recipient monitoring methods:
Provide a summary of sub-recipient performance:
I certify that the information in this year-end report is true and correct.
Signature:
Print Name:
Telephone Number:
HOPWA YEAR END ACCOMPLISHMENTS REPORT
Date
Title:
Email:
Revised 05/05!09
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25E-30