HomeMy WebLinkAbout20C - HOMELESSNESS PREVENTION AND RAPID REHOUSING PROGRAM FUNDSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 8, 2009
TITLE:
APPROPRIATION ADJUSTMENT AND
ALLOCATION OF HOMELESSNESS
PREVENTION AND RAPID RE-HOUSING
PROGRAM FUNDS
. C-u.`.`--~--~
CITY MANAGER
RECOMMENDED ACTION
Recommend that the City Council:
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 sc Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Approve an appropriation adjustment recognizing American Recovery
and Reinvestment Act Homelessness Prevention and Rapid Re-Housing
funds (HPRP) in the amount of $2,831,989 awarded to the City of
Santa Ana.
2. Authorize the City Manager and the Clerk of the Council to execute
agreements with the following HPRP sub-recipients, subject to non-
substantive changes approved by the City Manager and City Attorney:
a. Mercy House to provide Homeless Prevention in the amount of
$399,135 and Rapid Re-Housing in the amount of $398,910;
b. Interval House to provide Homeless Prevention in the amount of
$300,000 and Rapid Re-Housing in the amount of $300,000;
c. Olive Crest to provide Homeless Prevention in the amount of
$250,000 and Rapid Re-Housing in the amount of $218,444;
d. Public Law Center to provide Homeless Prevention in the amount
of $105,000;
e. AIDS Services Foundation to provide Homeless Prevention in the
amount of $170,000;
f. Volunteer Center of Orange County/Illumination Foundation to
provide Homeless Prevention in the amount of $115,000 and Rapid
Re-Housing in the amount of $200,000;
20C-1
AA & Allocation of HPRP Funds
September 8, 2009
Page 2
g. WISE Place to provide Rapid Re-Housing in the amount of
$145,000;
h. Share Our Selves to provide Homeless Prevention in the amount of
$110,000;
i. Orange County Partnership to provide Data Collection in the
amount of $50,000.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECONlD~NDATION
At its Regular Meeting of August 18, 2009, by a vote of 5:0, the
Community Redevelopment and Housing Commission recommended that the City
Council:
1. Approve an appropriation adjustment recognizing American Recovery
and Reinvestment Act Homelessness Prevention and Rapid Re-Housing
funds (HPRP) in the amount of $2,831,989 awarded to the City of
Santa Ana.
2. Authorize the City Manager and the Clerk of the Council to execute
agreements with the following HPRP sub-recipients, subject to non-
substantive changes approved by the City Manager and City Attorney:
Mercy House; Interval House; Olive Crest; Public Law Center; AIDS
Services Foundation; Volunteer Center of Orange County/Illumination
Foundation; WISE Place; Share Our Selves; and Orange County
Partnership.
DISCUSSION
The American Recovery and Reinvestment Act of 2009 (`Recovery Act")
appropriated $1.5 billion for communities to provide financial assistance
and services to either prevent individuals and families from becoming
homeless or to help those who are experiencing homelessness to be quickly
re-housed and stabilized. The Homelessness Prevention and Rapid Re-
Housing Program (HPRP) is the new grant program funded through this
appropriation. Santa Ana has been allocated $2,831,989 under the terms
of the funding distribution formula established by the U. S. Department
of Housing and Urban Development (HUD).
A Request for Proposals (RFP) seeking non-profit providers for
Homelessness Prevention and Rapid Re-Housing Program services was
released on June 15, 2009. Nineteen responses with funding requests
totaling $5,103,710 were received and were considered for funding.
On August 4 and 5, 2009, an evaluation panel met to review the proposals,
conduct interviews and to make funding recommendations. The panel
consisted of representatives from the Community Development Agency and
20C-2
AA & Allocation of HPRP Funds
September 8, 2009
Page 3
the County of Orange Community Services - Homeless Prevention Division.
Proposals were rated and ranked using the following criteria: 1)
organizational experience and capacity, 2) statement of need, 3) project
design, 4) financial and grant management capacity, and 5)
budget/proposed use of funds. A list of the agencies submitting
proposals, the evaluation panel rating, the requested amount of funding,
and the recommended funding is provided in Exhibit 1.
Thirteen proposals are being recommended for funding as follows:
Homelessness Prevention
Mercy House $399,135
Interval House 300,000
Olive Crest 250,000
Public Law Center 105,000
AIDS Services Foundation 170,000
Volunteer Center/Illumination 115,000
Share Our Selves 110,000
Data Collection
Orange County Partnership $50,000
Rapid Re-Housin
Mercy House 398,910
Interval House 300,000
Olive Crest 218,444
Volunteer Center/Illumination 200,000
WISEPlace 145,321
Allocation for Administration $70,500
TOTAL
$2,831,989
One organization withdrew its two applications (one for Homelessness
Prevention and one for Rapid Re-Housing) and four applications were rated
below the funding threshold of 75 points. Therefore, the evaluation
panel did not recommend funding.
Each recommendation has taken into account
organizational and financial capacity, and
HPRP requirement of utilizing 60 percent of
two years and 100 percent of grant
Additionally, these recommendations reflect
resources to those that are most in need of
most likely to achieve stable housing after
of the funds will be dedicated to Santa Ana
the proposed use of funds,
the ability to fulfill the
grant funds within the first
funds within three years.
the HPRP purpose of providing
temporary assistance and are
the funding concludes. All
residents.
20C-3
AA & Allocation of HPRP Funds
September 8, 2009
Page 4
FISCAL IMPACT
The appropriation adjustment will recognize $2,831,989 in the HPRP
Federal Aid Program revenue account (no. 135-01-5350) and appropriate
same to the HPRP expenditure accounts (nos. 135-155-various). Funds will
be utilized for eligible HPRP activities on a reimbursement basis by non-
profit agencies and for City administration charges. Funds for sub-
recipients will be available in the HPRP account (no. 135-155-6931).
APPROVED AS TO FUNDS AND ACCOUNTS:
,! ~ `
1 ~
Cynth~,8 J. Nelson ~ Francisco Gutierrez GA„~
Deputy City Manager for Executive Director "~
Development Services Finance & Management Services Agency
Community Development Agency
CJN/NTE/TE/mlr
20C-4
Homelessness Prevention and Rapid Re-Housing Program FY 2009-10
Ratings and Recommendations
SCORE REQUESTED
GRANT
AMOUNT RECOMMENDED
GRANT
HOMELESS PREVENTION
Mercy House 89 $ 399,135 $ 399,135
Interval House gg $ 300,000 $ 300,000
Public Law Center
80
$ 105,000
$
105,000
Olive Crest
79
$ 500,808
$
250,000
AIDS Services Foundation
78
$ 180,000
$
170,000
Volunteer Cntr /Illumination 76 $ 117,535 $ 115,000
Share Our Selves 75 $ 343,043 $ 110,000
Legal Aid Society of OC 69 $ 54,672 $ _
CHCADA 50 $ 1,380,809 $ _
DATACOLLECTION
211 Orange County 73 $ 30,000 $ _
Orange County Partnership 90 $ 50,000 $ 50,000
°RAPIDRE-HOUSING:'
Merc House 93 $ 398,910 $ 398,910
Interval House g1 $ 300,000 $ 300,000
Olive Crest 83 $ 258'522 $ 218,444
Volunteer Cntr /Illumination gl $ 208,095 $ 200,000
WISE Place 76 $ 145,321 $ 145,000
Casa Teresa 69 $ 176,650 $ _
Cate ones Requested
Amount Recommended
Amount
Data Collection $ 80,000 $ 50,000
Homelessness Prevention $ 3,381,002 $ 1,449,135
Rapid Re-Housing $ 1,487,498 $ 1,262,354
City Admin $ 70,500 $ 70,500
Total $ 5,019,000 $ 2,831,989
2831989
' Colette's Children's Home withdrew applications for both Homelessness Prevention and Rapid Re-Housing.
'Amounts shown for Data Collection, Homelessness Prevention and Rapid Re-Housing include $70,500 of the $141,000
allowed for Administration that is to be shared with Sub-Grantees.
20C_5 Exhibit 1
THIS AGREEMENT SERVES AS A SPECIMEN FOR ALL
AGREEMENTS REFERENCED IN THE ACTION TO BE
PREPARED AND EXECUTED.
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND FOR THE USE OF
HOMELESSNESS PREVENTION AND RAPID REHOUSING
GRANT FUNDS (Program Year 2009-10)
THIS AGREEMENT, is hereby made and entered into this day of
2009, by and between the City of Santa Ana, a charter city and municipal corporation of
the State of California ("CITY") and NAME OF SUBRECIPIENT, a California nonprofit
organization ("SUBRECIPIENT").
WITNESSETH
RECITALS:
This AGREEMENT is made with reference to the following facts, among others:
1. The CITY has applied for and anticipates receiving funds from the United States
Department of Housing and Urban Development ("HUD") from the Homelessness Prevention
Fund, hereafter referred to as the Homelessness Prevention and Rapid Re-Housing Program
("HPRP")," under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery
Act"), to provide financial assistance and services to either prevent individuals and families from
becoming homeless or help those who are experiencing homelessness to be quickly re-housed and
stabilized.
2. SUBRECIPIENT has submitted to CITY an application for funding of a housing and
community development activity.
3. CITY adopted its FY 2008-09 Annual Action Plan, (hereinafter referred to as
"ANNUAL ACTION PLAN"), including any substantial amendments, which sets forth the
PROJECT described herein.
4. HUD will annually review the performance of CITY to determine whether CITY has
carried out its Homelessness Prevention and Rapid Re-Housing Program ("HPRP") assisted
activities in a timely manner and has significantly disbursed HPRP funds.
5. HUD has accepted and certified the aforementioned ANNUAL ACTION PLAN.
6. CITY approved an allocation of $ in PROJECT funding to SUBRECIPIENT
for the Fiscal Years 2009-2012.
7. The CITY and SUBRECIPIENT have duly executed this AGREEMENT for the
Page 1 of 26
20C-6
expenditure and utilization of said funds.
NOW, THEREFORE, it is agreed by and between the parties that the foregoing Recitals
are a substantive part of this AGREEMENT and the following terms and conditions are approved
and together with all exhibits and attachments hereto, shall constitute the entire Agreement
between the CITY and SUBRECEPIENT:
I. AGREEMENT FORM
This AGREEMENT consists o£
The following provisions;
A. All applicable Federal Regulations and any future regulations that may be
promulgated by HUD; including 24 CFR 576; and
B. Appropriate State and CITY laws and regulations; and
C. The SUBRECIPIENT SCOPE OF SERVICES is incorporated by reference and
attached as Exhibit A, and further referenced in Section IX.D of this AGREEMENT; and
D. The SUBRECIPIENT BUDGET is incorporated by reference and attached as
Exhibit B, and further referenced in Section VLE. of this AGREEMENT; and
E. The SUBRECIPIENT Request for Proposal ("RFP") application, is incorporated by
reference, and further referenced in Section IX.E of this AGREEMENT; and
F. The United States Department of Housing and Urban Development [Docket No.
FR-5307-N-O1] Notice of Allocations, Application Procedures, and Requirements for
Homelessness Prevention and Rapid Re-Housing Program Grantees under the American Recovery
and Reinvestment Act of 2009 is incorporated by reference and attached as Exhibit C.
G. Grant Agreement No [XXXJ between the United States Department of Housing and
Urban Development and the CITY.
II. DEFINITIONS
For the purposes of this AGREEMENT the following definitions shall apply:
A. HUD: United States Department of Housing and Urban Development.
B. CITY MANAGER: Representative on behalf of the City -City Manager or his/her
designee.
C. EQUIPMENT: Tangible, non-expendable, personal property having a useful life
of more than one year.
D. MONTHLY, QUARTERLY and ANNUAL PERFORMANCE REPORTS
("MPR"), ("QPR") AND ("APR"), respectively: A PROJECT activity data document provided by
Page 2 of 26
20C-7
CITY to SUBRECIPIENT used to monitor and track the performance of SUBRECIPIENT.
E. PROJECT: Any site or sites, including buildings, and/or activities assisted with
federal program funds.
F. OMB: Federal Office of Management and Budget.
G. CAPER: Consolidated Annual Performance and Evaluation Report; an annual
report to HUD on all CITY housing and community development activities.
H. SUBSTANTIAL AMENDMENT: The CITY will consider a change in project
scope as a "substantial amendment" under the following circumstances:
1. CITY or SUBRECIPIENT decides not to carry out an activity previously
described in the Annual Action Plan;
2. CITY or SUBRECIPIENT carries out an activity not previously described in the
Annual Action Plan;
3. CITY or SUBRECIPIENT changes the purpose, scope, location or beneficiaries of
an activity;
4. CITY or SUBRECIPIENT changes the use of HPRP funds from one eligible
activity to another; and
5. CITY or SUBRECIPIENT changes of 30% or more in one program activity.
I. Integrated Disbursement and Information System (IDIS) is utilized to draw down
HPRP funding and report on grant expenditures.
J. DUNS Number: SUBRECIPIENT is required to register with Dun and Bradstreet
to obtain a DUNS number www.dnd.com. A DUNS number is a unique 9 (nine) digit number
provided to SUBRECIPIENT who are receiving Federal AGREEMENTS and/or grants.
K. Homeless Management Information System/Client Management Information
System ("HMIS/CMIS") is a system for tracking the use of homeless programs and producing an
unduplicated count of the people using those services.
L. Homelessness Prevention and Rapid Re-Housing Program ("HPRP")
DESCRIPTION: The purpose of the HPRP is to provide homelessness prevention assistance to
households who would otherwise become homeless-many due to the economic crisis-and to
provide assistance to rapidly re-house persons who are homeless as defined by section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).
III. CONDITIONS OF FUNDING
A. CITY advises SUBRECIPIENT that a significant change in entitlement funding
Page 3 of 26
20C-8
may result in a change in the current process utilized by CITY to determine funding allocations.
SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability
of Federal, State or local Government funds, which are appropriated or allocated for the payment
of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds
are not allocated and available for the continuance of the function performed by SUBRECIPIENT,
this AGREEMENT may be terminated by the CITY at the end of the period for which funds are
available. The CITY shall notify SUBRECIPIENT at the earliest possible time of any service,
which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event
this provision is exercised and the CITY shall not be liable for any damages as a result of
termination under this provision of this AGREEMENT. Nothing herein shall be construed as
obligating the CITY to expend funds in excess of appropriations authorized by law.
B. SUBRECIPIENT shall allow representatives of the CITY of SANTA ANA or HUD
to inspect facilities, which are used in connection with the AGREEMENT, made to implement
programs funded under this AGREEMENT.
C. SUBRECIPIENT shall maintain any applicable licenses or permits, and meet any
facility code regulations required for the program(s) funded under the AGREEMENT.
IV. TERM
A. Eligible costs related to services provided by SUBRECIPIENT must be incurred
during the period beginning September 30, 2009. The PROJECT shall be completed and all funds
provided through this AGREEMENT shall be expended on eligible project activities prior to June
30, 2012. CITY will reclaim any unused balance of funds for reallocation to other CITY approved
projects.
B. SUBRECIPIENT shall limit its use of HPRP program funds as defined in the
attached and incorporated SUBRECIPIENT SCOPE OF SERVICES to one or more of the
following:
1. Homelessness prevention activities.
2. Rapid Re-Housing program activities.
3. Data Collection.
No other use of these funds will be permissible.
C. The use of funds as defined in the attached SUBRECIPIENT SCOPE OF
SERVICES.
V. AMENDMENTS
Page 4 of 26
20C-9
A. CITY, through the City Manager, without further action by the City Council
(hereinafter referred to as "Council") and SUBRECIPIENT may by mutual agreement amend this
AGREEMENT and/or incorporated SUBRECIPIENT SCOPE OF SERVICES, at any time, up to
45 (forty-five) days prior to AGREEMENT expiration, provided that the proposed action is (1) not
a Substantial Amendment as defined by Section II.H of this AGREEMENT (2) makes specific
reference to this AGREEMENT, (3) is executed in writing and signed by a duly authorized
representative of the SUBRECIPIENT's organization. SUBRECIPIENT's written request to
amend must include a revised budget for funds being extended, if that scope of work is different in
scope from the originally agreed upon SUBRECIPIENT SCOPE OF SERVICES. SUBRECIPIENT
must also comply with the original thresholds and milestones outlined in Section VIII.C. herein.
Any proposed amendment to this AGREEMENT shall be submitted to the City Manager, and
approved by the City Manager prior to commencement of any activity covered by said amendment.
B. SUBRECIPIENT agrees that CITY may, at its sole discretion, amend this
AGREEMENT to conform with federal, state or local governmental guidelines, policies and
available funding amounts.
C. If any amendment results in a change in the funding amount, SUBRECIPIENT
SCOPE OF SERVICES, threshold and milestone dates or schedule of activities to be undertaken as
part of this AGREEMENT, such modifications will be incorporated only by written amendment
executed by City Manager and SUBRECIPIENT.
VI. PAYMENTS
A. AGREEMENT Amount
It is expressly agreed and understood that the total amount to be paid by
CITY under this AGREEMENT shall not exceed $ Funding Amount specified in
SUBRECIPIENT's BUDGET (Exhibit B). Reimbursement for the payment of eligible project
expenses shall be made in accordance with the line items specified in Exhibit B of
SUBRECIPIENT's BUDGET.
B. Funds from CITY to SUBRECIPIENT shall be disbursed subsequent to availability
of funds from HUD to CITY. SUBRECIPIENT acknowledges that HUD funds are not meant to
replace or supplant other sources of funding.
C. Funds shall not be disbursed for any costs incurred prior to the certification by
CITY and/or HUD of Certificate(s) of Insurance, as further defined in Section VII and Section XII
of this AGREEMENT.
Page 5 of 26
20C-10
D. Payment of Proiect Activities
1. CITY will reimburse SUBRECIPIENT for eligible project-related costs
only. SUBRECIPIENT shall submit requests for reimbursement to CITY on a monthly basis
beginning on October 20, 2009, and must provide adequate documentation as required by CITY.
In addition, SUBRECIPIENT will provide a progress performance report (i.e., Monthly
Performance Report, hereinafter referred to as "MPR" Information Form, Quarterly Performance
Report, hereinafter referred to as "QPR" Information Form, and Annual Performance Report,
hereinafter referred to as "APR" Information Form) for the time period covered, as prescribed by
CITY. Failure to provide any of the required documentation and reporting will cause CITY to
withhold all or a portion of a request for reimbursement, or return the entire reimbursement
package to SUBRECIPIENT, until such documentation and reporting has been received and
approved by CITY.
2. If SUBRECIPIENT has no request for reimbursement during any month
during the term of this AGREEMENT, a MPR or QPR, including an explanation as to why no
invoices were being processed, shall be required in lieu of a request for reimbursement.
3. The following "Required Expenditure Threshold" criteria have been
established to guide the SUBRECIPIENT in structuring and scheduling their expenditure of funds
received through this AGREEMENT. The criteria thresholds below are consistent with the criteria
used by CITY to determine performance including, but not limited to, determinations of future
award of funds, additional funding requests and/or determinations for the recapture of funding.
4. The breakdown below represents AGREEMENT end date of June 30, 2012.
Milestone Dates
September 20, 2010
June 20, 2011
September 20, 2011
February 20, 2012
June 20, 2012
Minimum Required
Expenditure Threshold
30-35% of contracted Amount Expended
50-55% of contracted Amount Expended
60% of contracted Amount Expended
85-90% of contracted Amount Expended
100% of contracted Amount Expended
5. SUBRECIPIENT will have thirty (30) days following the expiration of the
AGREEMENT to submit outstanding invoices for reimbursement of eligible costs incurred during
the AGREEMENT period or on an annual basis as determined by CITY. After the thirty (30) day
Page 6 of 26
20C-11
period for submitting invoices has expired, CITY shall reallocate the remaining balance under this
AGREEMENT for other program purposes and HPRP activities to another program and
SUBRECIPIENT shall be ineligible for any further reimbursement.
6. SUBRECIPIENT shall further be responsible for SUBRECIPIENT's
BUDGET which is incorporated by reference, and attached as Exhibit B.
7. CITY may, in its absolute discretion, withhold payment of a request
submitted by SUBRECIPIENT if the costs requested are disproportionate to the number of persons
served.
8. Requests for administrative costs shall not exceed .025% of the total
payment request.
VII. GENERAL ADMINISTRATION
A. SUBRECIPIENT shall provide the oversight, administration and project
management necessary to accomplish all contracted activities in a timely manner.
SUBRECIPIENT also agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this AGREEMENT.
B. Independent Contractor
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.
SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with
respect to the services to be performed under this AGREEMENT. CITY shall be exempt from
payment of any Unemployment Compensation, FICA, retirement, life and/or medical insurance
and Workers' Compensation Insurance as SUBRECIPIENT is an independent contractor.
C. Hold Harmless
SUBRECIPIENT shall hold harmless, defend with counsel approved in writing by
CITY and indemnify CITY, its officials, officers, employees, and agents from any and all claims,
actions, suits, charges and judgments whatsoever including but not limited to personal injury or
property damage that arise out of SUBRECIPIENT's and/or its subcontractor's use of funds,
performance or nonperformance of the project and/or scope of work called for in this
AGREEMENT.
D. Assi n~X
SUBRECIPIENT shall not assign or transfer any interest in this AGREEMENT
without the prior written consent of CITY.
Page 7 of 26
20C-12
E. Subcontracts
1. SUBRECIPIENT shall submit all subcontract agreements to CITY for
review and consent prior to entering into such subcontracts.
2. SUBRECIPIENT shall assume responsibility for all subcontracted services
to assure AGREEMENT compliance.
3. SUBRECIPIENT shall cause this AGREEMENT, in its entirety, to be
included in and made a part of any subcontract executed in the performance of this
AGREEMENT.
4. SUBRECIPIENT shall monitor all subcontracted services on a quarterly
basis to assure AGREEMENT compliance. Results of said monitoring efforts shall be summarized
in written form, and supported with documented evidence of follow-up action(s) to correct any
area(s) of AGREEMENT non-compliance. Documentation shall be made available for periodic
monitoring by representatives of CITY and/or HUD.
F. Fair Housing
SUBRECIPIENT shall affirmatively further fair housing in accordance with 24
CFR 5.105(a).
G. Insurance
No costs shall be incurred and no funds shall be disbursed prior to written approval
by CITY of insurance fulfillment.
1. SUBRECIPIENT, at its own expense, agrees to deposit with CITY prior to
the execution and provision of services under this AGREEMENT, Certificates of Insurance,
including all endorsements required herein, necessary to satisfy CITY that the insurance provisions
of this AGREEMENT have been complied with, and to keep such insurance and the certificates
therefore on deposit with CITY during the entire term of this AGREEMENT. In addition, all
contractors and subcontractors performing work on behalf of SUBRECIPIENT pursuant to this
AGREEMENT shall be covered under SUBRECIPIENT's insurance or shall obtain insurance
subject to the same terms and conditions as set forth herein for SUBRECIPIENT.
SUBRECIPIENT shall require that any contractor or subcontractor working for SUBRECIPIENT
have the insurance required by this section and not allow contractors or subcontractors to work if
the contractors or subcontractors have less than the level of coverage required by the CITY under
this AGREEMENT. SUBRECIPIENT shall provide notice of the insurance requirements to every
contractor or subcontractor, and to receive proof of insurance prior to allowing any contractor or
Page 8 of 26
20C-13
subcontractor to begin work. Such proof of insurance must be maintained by SUBRECIPIENT
through the entirety of this AGREEMENT for inspection by CITY representative at any reasonable
time. SUBRECIPIENT shall be responsible for reimbursement of any deductible to the insurer.
Any self-insured retentions (SIRS) or deductibles shall be clearly stated on the Certificate of
Insurance.
2. SUBRECIPIENT shall maintain insurance acceptable to CITY in full force
and effect throughout the term of this AGREEMENT. If SUBRECIPIENT fails to maintain
insurance acceptable to CITY for the full term of this AGREEMENT, CITY may terminate this
AGREEMENT.
3. The policy or policies of insurance must be issued by an insurer licensed to
do business in the State of California (California Admitted Carrier).
4. SUBRECIPIENT will file with CITY, prior to the commencement of
performance of services under this AGREEMENT, an original Certificate of Insurance and all
required endorsements evidencing that coverage required by this AGREEMENT is in effect.
5. If the carrier is anon-admitted carrier in the State of California, the CITY
Attorney retains the right to approve or reject carrier after a review of the company's performance
and financial ratings.
6. The policy or policies of insurance maintained by SUBRECIPIENT shall
provide the minimum limits and coverage as set forth herein below:
Coverage
Commercial General Liability to
include a Broad Form Property
Damage Endorsement
and Contractual Liability
Automobile Liability including coverage for
all owned, non-owned and hired vehicles
Workers' Compensation
Employer's Liability
Minimum Limits
$1,000,000 combined single limit
per occurrence
$2,000,000 Aggregate
$1,000,000 combined single limit
per occurrence
Statutory
$1,000,000 per occurrence
Sexual Misconduct Liability
$1,000,000 per occurrence
7. Each insurance policy required by this AGREEMENT shall be endorsed to
contain the following provisions:
Page 9 of 26
20C-14
a. This insurance shall not be changed, cancelled, limited in scope of
coverage or non-renewed until after 30 days written notice has been given to CITY (Endorsement
must be attached to Certificate of Insurance). If a 30-day notice of cancellation endorsement is not
received, the cancellation clause must include language as follows which edits the pre-printed
ACORD certificate:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL DRTr1D A ~~nD Tn
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT'. T2T TT D A TT T TDD T!1 TA A TT CT T!'T7 T~TlIT~~oLT Arr~~~Yr`v~r T~TlI l1T2T T('! A TTlIAT (1D
trrror~o=c
T T A T2TT TTV ll~,' A 1~TV L~TT~TTI T~rT TL7~ D~~~PTV~ TTC' A (`DRTT !1D DD'DDL'C'DATT A TTA7D
b. All rights of subrogation are hereby waived against CITY, its
officials, officers, agents and employees when acting within the scope of their employment or
appointment. (Endorsement must be attached to Certificate of Insurance).
c. With respect to the operations of the named insured, operations
performed on behalf of CITY, CITY shall be added as an additional insured on all insurance
policies required by this AGREEMENT except for Workers' Compensation/Employers' Liability.
(Endorsement must be attached to Certificate of Insurance).
d. SUBRECIPIENT is aware of the provisions of Section 3700 of the
California Labor Code which requires every employer to be insured against liability for Worker's
Compensation or be self-insured in accordance with the provisions of that code. The
SUBRECIPIENT will comply with such provisions and shall furnish the CITY satisfactory
evidence of such compliance for the period of this AGREEMENT, statutory Worker's
Compensation Insurance and Employer's Liability Insurance with minimum limits of $1,000,000
per occurrences.
e. It is agreed that any insurance maintained by CITY will apply in
excess of, and not contribute with, insurance provided by these policies. (Endorsement must be
attached to Certificate of Insurance for the General Liability policy and Sexual Misconduct
Liability policy).
£ Commercial General Liability policy shall contain a severability of
interests clause.
8. Insurance information shall be submitted to:
City of Santa Ana
Community Development Agency
Page 10 of 26
20C-15
20 Civic Center Plaza (M-25)
Santa Ana, California 92702
9. CITY expressly retains the right to require SUBRECIPIENT to increase or
decrease insurance of any of the above insurance types throughout the term of this AGREEMENT.
Any increase or decrease in insurance will be deemed by CITY Attorney as appropriate to
adequately protect the CITY. In addition, CITY Attorney retains the right to require additional
insurance coverage as may be deemed appropriate to adequately protect CITY. CITY's
requirements shall be reasonable and shall be designed to assure protection from and against the
kind and extent of risks which exist at the time a change in insurance is required.
10. CITY shall notify SUBRECIPIENT in writing of changes in the insurance
requirements. If SUBRECIPIENT does not deposit copies of acceptable certificates of insurance
and endorsements with CITY incorporating such changes within thirty (30) days of receipt of such
notice, this AGREEMENT may be in default without further notice to SUBRECIPIENT, and
CITY shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be
construed to limit SUBRECIPIENT's liability hereunder nor to fulfill the indemnification
provisions and requirements of this AGREEMENT.
11. INDEMNIFICATION PROVISIONS
SUBRECIPIENT agrees to indemnify, defend with counsel approved in writing by CITY, and hold
CITY, its officials, officers, employees, and agents harmless from any claims, demands or liability
of any kind or nature, including but not limited to personal injury or property damage, arising from
or related to the services, products or other performance provided by SUBRECIPIENT pursuant to
this AGREEMENT. If judgment is entered against SUBRECIPIENT and CITY by a court of
competent jurisdiction because of the concurrent active negligence of CITY or CITY
INDEMNITEES, SUBRECIPIENT and CITY agree that liability will be apportioned as
determined by the court.
12. If an applicant knowingly and willfully submits false performance or other
data, the CITY reserves the right to reject that proposal. If it is determined that a AGREEMENT
was awarded as a result of false performance or other data submitted in response to this
application, the CITY reserves the right to terminate that AGREEMENT.
13. SUBRECIPIENT shall be required to submit to the CITY, or its designee,
periodic status reports, including program expenditures and recipient information. Failure to do so
may result in termination of the AGREEMENT.
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20C-16
14. SUBRECIPIENT acknowledges that, as recipients of Federal Funds they
will be required to comply with Federal regulations pertaining to the use of such funds. All
regulations will be enumerated in the AGREEMENT and will be incorporated by reference. It will
be the SUBRECIPIENT's responsibility to assure compliance with applicable regulations.
15. The Grant Agreement between HUD and the CITY shall be incorporated by
reference into all agreements between the CITY and the SUBRECIPIENT.
16. SUBRECIPIENT will ensure an annual financial audit is performed in
compliance with the Federal Single Audit Act and will submit a copy of the audit report to the
CITY within six months of the end of the SUBRECIPIENT's fiscal year.
17. LICENSING. SUBRECIPIENT shall obtain and maintain all required
licenses, registrations, accreditation or permits, and meet all code regulations required for the
program(s) funded under the AGREEMENT. Such licensing requirements include obtaining a
City business license, as applicable.
18. SUBRECIPIENT shall use reporting software as specified by the CITY.
19. SUBRECIPIENT shall participate in information networking, training, and
coordination meetings as may be provided by the CITY.
20. SUBRECIPIENT shall cooperate with related research and evaluation
activities as may be required by the CITY.
21. SUBRECIPIENT shall comply with all AGREEMENT conditions and with
any future regulations that may be promulgated by HUD. Failure to comply with any and all of
HUD regulations may result in termination of this AGREEMENT.
22. ZONING. SUBRECIPIENT agrees that any facility/property used in
furtherance of said program/project shall be specifically zoned and permitted for such use(s) and
activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits,
thus violating any local or state or federal rules and regulations relating thereto, SUBRECIPIENT
shall immediately make good-faith efforts to gain compliance with local, state or federal rules and
regulations following written notification of said violation(s) from the CITY or other authorized
citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations.
Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in
termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to
bring the facility/property into compliance with the law within sixty (60) days of notification of the
violation(s); failure to gain compliance within such time shall result in termination of grant
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20C-17
funding hereunder.
H. Grantor Reco nig tion
SUBRECIPIENT shall insure recognition of the role of the CITY in providing
services through this AGREEMENT. All activities, facilities and items utilized pursuant to this
AGREEMENT shall be prominently labeled as to funding source. In addition, SUBRECIPIENT
will include a reference to the support provided herein in all publications made possible with funds
made available under this AGREEMENT. SUBRECIPIENT will retain documentation of such
recognition, which shall be available for periodic monitoring by representatives of CITY or HUD.
I. Records to be Maintained
SUBRECIPIENT shall maintain all records that are pertinent to the activities to be
funded under this AGREEMENT. CITY shall have access for purposes of monitoring, auditing,
and examining SUBRECIPIENT's activities and performance, to books, documents and papers,
and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and
accountants, employees and participants with regard to said program. In the event
SUBRECIPIENT does not make such records available within the City of Santa Ana,
SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in
conducting any audit at the location where such records are maintained. Such records shall include,
but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Financial records;
3. Records providing income and ethnicity of each beneficiary of the activity
being undertaken;
4. Records and reports (including those pertaining to race, ethnicity, gender,
and disability status data) that HUD may require within the timeframe required.
J. Retention
SUBRECIPIENT shall retain all records pertinent to expenditures incurred under
this AGREEMENT for a period of five (5) years after the termination of all activities funded under
this AGREEMENT, or after the resolution of all Federal audit findings, which ever occurs later.
Records for non-expendable property acquired with funds under this AGREEMENT shall be
retained for five (5) years after final disposition of such property. Records for any displaced
person must be kept for five (5) years after slhe has received final payment.
K. Client Data
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20C-18
1. SUBRECIPIENT shall maintain client data demonstrating client eligibility
for services provided for a period of five (5) years after the termination of all activities funded
under this AGREEMENT, or after the resolution of all Federal audit findings, whichever occurs
later. Such data shall include, but not be limited to, client name, address, verifiable income level
(as documented by income tax returns, employee payroll records, retirement statements, etc., or
other third party documentation acceptable to CITY, for determining eligibility), and description of
service provided. Such information shall be made available to HUD representatives, CITY
monitors, or their designees, for review upon request.
2. SUBRECIPIENT shall develop and implement procedures to ensure the
confidentiality of records pertaining to any individual provided family violence prevention or
treatment services under any PROJECT assisted under the subject program, including protection
against the release of the address or location of any family violence shelter project, except with the
written authorization of the person responsible for the operation of the shelter.
3. SUBRECIPIENT is required to actively participate and enter into the
CITY's local Homeless Management Information System/Client Management Information System
(HMIS/CMIS) all required client data on a monthly basis. The HMIS/CMIS is a system for
tracking the use of homeless programs and related activities producing an unduplicated count of
the people using those services.
L. Property Records
SUBRECIPIENT shall maintain real property inventory records which clearly
identify properties improved. Properties retained shall continue to meet eligibility criteria, rental
limitations, health, safety and building codes according to federal, state and local requirements.
M. Close-Out
SUBRECIPIENT's obligation to CITY shall not end until all close-out requirements
are completed. Activities during this close-out period shall include, but are not limited to: making
final payments; submitting final invoice(s), report(s), in accordance with the requirements of
paragraph VI.D.S above, and documentation; disposing of program assets (including the return to
CITY of all unused materials and equipment); remitting any receivable accounts to CITY, and
determining the custodianship of records.
N. Equipment
1. SUBRECIPIENT shall use, manage and dispose of equipment in accordance
with 24 CFR 85.32.
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20C-19
VIII. PERFORMANCE
A. SUBRECIPIENT shall comply with all applicable HUD regulations, as described in
Section VII of this AGREEMENT, concerning administrative requirements and maintain records
as to services provided and total number of persons served through the PROJECT, including but
not limited to, population-served analysis (i.e. extremely-low income persons, very-low income
persons, and low-income persons as defined by HUD). Such information shall be available for
periodic monitoring by representatives of CITY or HUD and shall be submitted by
SUBRECIPIENT in report form to CITY by dates specified by CITY and specified in section
VI.C.1&2 of the attached Exhibit C.
B. SUBRECIPIENT shall submit quarterly reports to CITY within ten (10) days prior
to the end of quarter. Failure to receive reports in a timely manner will result in non-compliance of
the AGREEMENT.
C. The following "Performance Threshold" criteria shall be used to assess the level of
performance of the SUBRECIPIENT. Furthermore, the criteria will be considered by the CITY
when determining continued and future funding. In order to be considered in compliance with the
following performance criteria, the SUBRECIPIENT must, on or before the required milestone
date, submit to CITY a request for reimbursement which demonstrates that SUBRECIPIENT has
expended funds and met their proposed accomplishment goals at the required levels, unless
exempted in at the CITY' S discretion. SUBRECIPIENT is required to submit to CITY the
Quarterly Performance Report (QPR), within ten (10) days prior to the end of quarter. In addition
SUBRECIPIENT is required to accomplish the minimum expenditure and accomplishment
thresholds.
Milestone Dates
September 20, 2010
June 20, 2011
September 20, 2011
February 20, 2012
Minimum Required
Expenditure Threshold
30-35% of contracted Amount Expended
30-35% of Proposed Accomplishments Met
50-55% of contracted Amount Expended
50-55% of Proposed Accomplishments Met
60% of contracted Amount Expended
60% of Proposed Accomplishments Met
85-90% of contracted Amount Expended
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20C-20
85-90% of Proposed Accomplishments Met
June 30, 2012 100% of contracted Amount Expended
100% of Proposed Accomplishments Met
Failure to achieve at least the aforementioned 30-35% drawdown, without written
exception approved by the CITY, may cause any remaining balance in this AGREEMENT to
be reclaimed by CITY, and will negatively affect future funding to SUBRECIPIENT. Failure to
achieve any of the aforementioned goals, without written exception of the CITY, may cause any
remaining balance in this AGREEMENT to be reclaimed and re-allocated by CITY, and will
negatively affect continued and future funding to SUBRECIPIENT.
D. Should the activity being funded through this AGREEMENT be completed,
canceled or terminated prior to the termination date set forth herein in Section IV. A.,
SUBRECIPIENT shall complete and submit Monthly Performance Reports (MPR), Quarterly
Performance Report (QPR) and/or an Annual Performance Report (APR) at the time of the
completion, cancellation or termination. Said MPR, QPR and APR Information Form shall consist
of a cumulative reporting of project-related expenditure and accomplishments relative to the
attached. If activity funded through this AGREEMENT is completed, or if funds allocated through
this AGREEMENT are fully expended, prior to end of AGREEMENT term, SUBRECIPIENT
shall continue to serve its clients for the entire term of this AGREEMENT.
E. SUBRECIPIENT shall complete and submit a MPR or QPR in support of all
requests for reimbursement. Said QPR shall consist of a cumulative report of project-related
accomplishments relative to attached SUBRECIPIENT SCOPE OF SERVICES for the subject
quarter. SUBRECIPIENT shall prepare and submit to CITY a monthly MPR, regardless of actual
activity. F
SUBRECIPIENT acknowledges that the MPR and/or QPR Forms are monitoring tools that
will be reviewed and evaluated to determine SUBRECIPIENT's level of performance relative to
this AGREEMENT.
G. SUBRECIPIENT shall complete and submit an Annual Performance Report (APR)
Information Form by September 20, following each fiscal year in which this AGREEMENT is in
force, or as designated by CITY.
H. SUBRECIPIENT shall submit all requested data necessary to complete the
Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program
accountability and progress in accordance with HUD requirements, in the format and at the time
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20C-21
designated by CITY.
I. SUBRECIPIENT shall submit all requested data necessary to complete 1). The
Integrated Disbursement and Information System (IDIS) to draw down HPRP funding and report
on grant expenditures, as specified by CITY; 2). Report client-level data, such as the number of
persons served and their demographic information, in the Homeless Management Information
System/Client Management Information System (HMIS/CMIS). The HMIS/CMIS is an electronic
data collection system that facilitates the collection of information on persons who are homeless or
at risk of becoming homeless, that is managed and operated locally; and 3). Monthly, Quarterly
and Annual Performance Reports submittals, as specified by CITY. The data collection submittals
ensure timely client information and monitor program accountability and progress in accordance
with HUD requirements, in the format and at the time designated by CITY.
IX. PERFORMANCE MONITORING
A. Performance monitoring of SUBRECIPIENT by CITY and/or HUD shall consist of
requested and/or required written reporting, as well as onsite monitoring by CITY or HUD
representatives.
B. CITY shall periodically evaluate SUBRECIPIENT's progress in complying with the
terms of this AGREEMENT. SUBRECIPIENT shall cooperate fully during such monitoring.
CITY shall report the findings of each monitoring to SUBRECIPIENT.
C. CITY shall monitor the performance of SUBRECIPIENT against the goals,
outcomes, milestones and performance standards required herein. Substandard performance, as
determined by CITY, will constitute non-compliance with this AGREEMENT for which CITY
may immediately terminate the AGREEMENT. If action to correct such substandard performance
is not taken by SUBRECIPIENT within the time period specified by CITY, payment(s) will be
denied in accordance with the provisions contained in Section VI of this AGREEMENT.
D. SUBRECIPIENT performance shall be monitored as specified in
SUBRECIPIENT's Request for Proposal (RFP) application, which is incorporated by reference.
E. SUBRECIPIENT shall perform its services in accordance with
SUBRECIPIENT SCOPE OF SERVICES, attached hereto as Exhibit A. CITY shall
monitor the performance of the 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
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20C-22
being notified by the CITY, contract suspension or termination procedures will be
initiated.
X. AUDITS
If SUBRECIPIENT expends Federal funds in a fiscal year which equal or exceed Five
Hundred Thousand Dollars ($500,000) as specified in OMB Circular A-133- Revised,
SUBRECIPIENT shall cause an audit to be prepared at SUBRECIPIENT's expense by a Certified
Public Accountant (CPA) who is a member in good standing with the American Institute of
Certified Public Accountants (AICPA) of the California Society of CPA's. The audit must be
performed in accordance with Generally Accepted Auditing Standards (GAAS) authorized by the
AICPA and Federal laws and regulations governing the programs in which it participates.
Furthermore, CITY retains the authority to require SUBRECIPIENT to submit a similarly prepared
audit at SUBRECIPIENT's expense even in instances when SUBRECIPIENT's expenditure is less
than $500,000. SUBRECIPIENT will be required to identify corrective action taken in response to
any findings identified by CPA related to their funded activity or program.
SUBRECIPIENT shall submit two (2) copies of such audit report, including a copy of the
management letter, to CITY within six (6) months of the end of each AGREEMENT year in which
SUBRECIPIENT has received federal funding (i.e. July 1 -June 30). Failure to meet this
requirement may result in CITY denying reimbursement of funds to SUBRECIPIENT, as well as
future funding qualification. SUBRECIPIENTS which are exempt from statutory audit
requirements shall maintain records which are available for review by CITY or Federal officials.
SUBRECIPIENT acknowledges that any and all "Financial Statements" submitted to CITY
pursuant to this AGREEMENT become Public Records and are subject to public inspection
pursuant to Sec.6250 et seq. of the California Government Code.
XI. FEDERAL ADMINISTRATIVE REQUIREMENTS
A. Financial Mana eg ment
1. Accounting Standards
SUBRECIPIENT agrees to comply with Office of Management and Budget
(hereinafter referred to as "OMB") Circular A-110 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
2. Cost Principles
SUBRECIPIENT shall administer its program in conformance with OMB
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20C-23
Circular A-122, "Cost Principles for Non-Profit Organizations". These principles shall be applied
for all costs incurred whether charged on a direct or indirect basis.
B. Civil Rights
1. Compliance
SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of
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 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, 41
CFR Chapter 60, Executive Order 11063, and with Executive Order 11246, as amended by
Executive Orders 11375 and 12086.
2. Nondiscrimination
SUBRECIPIENT shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital status, or status with regard to public assistance. SUBRECIPIENT
will take affirmative action to insure that all employment practices are free from hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, and termination discrimination.
Such employment practices include, but are not limited to, the following: rates of pay or other
forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the CITY setting forth the provisions of this nondiscrimination clause.
a. As stated in section IV.E.9 and section VILD&E of the attached
Exhibit C, SUBRECIPIENTS must comply with all applicable fair housing and civil rights
requirements in 24 CFR 5.105(a). In addition, SUBRECIPIENT must make known that HPRP
rental assistance and services are available to all on a nondiscriminatory basis and ensure that all
citizens have equal access to information about HPRP and equal access to the financial assistance
and services provided under this program.
C. Drug-Free Workplace
The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, seq.) and HUD's
implementing regulations at 24 CFR part 21 apply to HPRP.
D. Affirmative Action
SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative
Action Program that encompasses the principles provided in President's Executive Order 11246, as
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20C-24
revised on January 4, 2002.
E. Americans with Disabilities Act
SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to
compliance with the Americans with Disabilities Act which prohibits discrimination and ensures
equal opportunity for persons with disabilities in employment, State and local government services
and public accommodations.
F. Employment Restrictions
1. Prohibited Activity
SUBRECIPIENT is prohibited from using funds provided herein, or
personnel employed in the administration of the program, for: political, activities, sectarian or
religious activities, lobbying, political patronage, and nepotism activities.
2. 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, hazardous or dangerous to the participants' health or safety.
3. Hatch Act
SUBRECIPIENT agrees that no funds provided, nor personnel employed
under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political
activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
4. Conflict of Interest
SUBRECIPIENT agrees to abide with 24 CFR 85.36(b)(3), and non-profit
SUBRECIPIENT shall comply withy 24 CFR 84.42, and OMB Circular 110 with respect to
conflicts of interest, and agrees that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this AGREEMENT. SUBRECIPIENT further agrees that
in the performance of this AGREEMENT no person having such a financial interest shall be
employed or retained by SUBRECIPIENT hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, or elected official or appointed
official of SUBRECIPIENT or any designated public agencies which are receiving funds under the
HPRP Entitlement Program, as further referenced in attached Exhibit C.
G. Copyright
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20C-25
If this AGREEMENT results in any copyrightable material, CITY and/or grantor
agency reserves the right to royalty-free, non-exclusive, and irrevocable license to reproduce,
public or otherwise use and to authorize others to use, the work (i.e., photographs and the like) for
government purposes.
H. Religious Organization
Equal participation of religious organizations: Organizations that are religious or
faith-based are eligible, on the same basis as any other organization, to participate in HPRP.
Neither the federal government nor a grantee shall discriminate against an organization on the
basis of the organization's religious character or affiliation. Further guidance on religious
organizations is referenced in section VII.H of the attached Exhibit C.
I. Anti-Lobb.
The disclosure requirements and prohibitions of section 319 of the Department of
the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (the
Byrd Amendment), and implementing regulations at 24 CFR part 87, apply to HPRP. Applicants
must disclose, using Standard Form LLL (SF-LLL), "Disclosure of Lobbying Activities," any
funds, other than federally appropriated funds, that will be or have been used to influence federal
employees, members of Congress, or congressional staff regarding specific grants or contracts.
XII. ENVIRONMENTAL CONDITIONS
A. This AGREEMENT does not direct, provide for assistance or loan and mortgage
insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing (other
than tenant-based rental assistance), rehabilitation, alternation, demolition, or new construction, or
establish, revise or provide for standards for construction or construction materials, manufacturing
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this AGREEMENT is
categorically excluded from environmental review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321). Moreover, consistent with the provisions for administrative and
management expenses, tenant-based rental assistance, and supportive services in 24 CFR
50.19(b)(3),(11), and (12), the eligible activities to be assisted under this AGREEMENT are
categorically excluded from the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321) and are not subject to environmental review under the related laws and
authorities.
B. SUBRECIPIENT shall incur no costs for any project-related activity defined in
SUBRECIPIENT SCOPE OF SERVICES and CITY shall not disburse funds prior to certification
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20C-26
by CITY and/or HUD for environmental compliance.
C. SUBRECIPIENT shall provide requested materials to CITY for the Environmental
Review process required by applicable regulations.
D. Habitability Standards: SUBRECIPIENT providing rental assistance with HPRP
funds will be required to conduct initial and any appropriate follow-up inspections of housing units
into which a program participant will be moving. Units should be inspected on an annual basis and
upon a change of tenancy. The minimum habitability standards are listed in Appendix C of the
attached Exhibit C. SUBRECIPIENT may require more stringent standards.
E. Lead-Based Paint
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R shall apply to
housing occupied by families receiving assistance through HPRP.
F. Historic Preservation
SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to the
performance of this AGREEMENT.
In general, this requires concurrence from the State Historic Preservation Officer
for all rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
G. Energy Efficiency Standards
SUBRECIPIENT agrees to comply with the California Energy Commission
Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building
Efficiency Energy Standards), in regard to construction and property development, when
applicable.
H. Non-Profit Status
SUBRECIPIENT certifies that:
1. SUBRECIPIENT hereby attests that as of the date of the execution of this
AGREEMENT and throughout the AGREEMENT term, the SUBRECIPIENT is anon-profit
organization in good standing and in possession of required non-profit status under the United
States Internal Revenue Code (for example, 26 U.S.C. Section 501 (c)(3)).
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20C-27
2. SUBRECIPIENT hereby agrees to advise the CITY within 15 days of any
change to AGREEMENTOR's non-profit status if such occurs at anytime during this
AGREEMENT.
3. If SUBRECIPIENT is a private nonprofit, SUBRECIPIENT hereby agrees
that members of its Board of Directors will serve in a voluntary capacity and receive no
compensation, other than reimbursement for expenses, for their services.
XIII. NOTICES
Any communication with CITY and SUBRECIPIENT concerning this AGREEMENT shall
be directed as follows:
CITY:
City of Santa Ana
Community Development Agency
Deputy City Manager for Development Services
20 Civic Center Plaza (M-25)
Santa Ana, California 92702
SUBRECIPIENT:
Organization Name
Address
City, State, Zip Code
Attention:
XIV. VALIDITY
The invalidity in whole or in part of any provision of this AGREEMENT shall not void or
affect the validity of any other provision in this AGREEMENT.
XV. LAWS GOVERNING THIS AGREEMENT
This AGREEMENT shall be governed by and construed in accordance with the laws of the
State of California, and all applicable federal laws and regulations.
XVI. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature below has the power,
authority and right to bind their respective parties to each of the terms of this AGREEMENT, and
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20C-28
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 and attachments referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of the Agreement.
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20C-29
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
ATTEST:
CITY OF SANTA ANA
a municipal corporation
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: LISA E. STORCK
Assistant City Attorney
DATED:
SUBRECIPIENT:
Name:
Title:
Tax ID#
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20C-30
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20C-32