HomeMy WebLinkAbout25D - AIDS PROGRAM FISCAL YEAR 2010-2011 REQUEST FOR .
COUNCIL ACTION ..u
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JUNE 7, 2010
TITLE: APPROVED
FUNDING ALLOCATIONS FOR THE U. S. ? As Recommended
DEPARTMENT OF HOUSING AND URBAN ? As Amended
? Ordinance on 1ST Reading
DEVELOPMENT HOUSING OPPORTUNITIES ? Ordinance on 2"d Reading
FOR PERSONS WITH AIDS PROGRAM FISCAL ? Implementing Resolution
? Set Public Hearing For
YEAR 2010-2011
CONTINUED TO
r i~
~j~'`"~"`~ ~ F I LE N U M B ER
CITY MANAGER
RECOMMENDED ACTION
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 $600,000 for aone-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 $821,133 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.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its regular meeting on May 18, 2010, by a vote of 5:0, the Community Redevelopment and
Housing Commission recommended that the City Council authorize the City Manager and the
Clerk of the Council to execute a cooperative agreement with the County of Orange Health Care
Agency in the amount of $821,133 for aone-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
25D-1
Funding Allocations for HOPWA Program FY 2010 - 2011
June 7, 2010
Page 2
persons with Acquired Immune Deficiency Syndrome (AIDS). HUD has allocated $1,568,178 to
the City of Santa Ana for the fiscal year 2010-2011.
Eligible activities for the HOPWA Program include: 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 housing information services; 5) technical assistance; and 6) 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
h Id to determine riorities for the fiscal ear
rate is tannin meetin was e
December 8, 2009, a st g p g g p Y
2010-2011 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 2010-2011 fiscal year funding recommendations
were established. The recommended funding levels are: 1) $600,000 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 (Exhibit 1);
2) $821,133 to the Orange County Health Care Agency for supportive housing services to
individuals throughout Orange County (Exhibit 2).
FISCAL IMPACT
Funds will be available in the HOPWA Program accounts (nos. 40518760-69158, 40518760-
69136, and 40518761-69135) upon adoption of the FY 2010-11 budget.
APPROVED AS TO FUNDS AND ACCOUNTS:
a
Cynthia J. Nelson Francisco Gutierrez
Deputy City Manager for Development Executive Director ~ ~l
Services Finance & Management Services Agency
Community Development Agency
CJN/SLB/LF/kg
25D-2
Funding Allocations for HOPWA Program FY 2010 - 2011
June 7, 2010
Page 3
Exhibits: 1. Agreement between the City of Santa Ana and the Santa Ana Housing Authority
2. Agreement between County of Orange and City of Santa Ana
25D-3
25D-4
j
J
COOPERATIVE AGREEMENT BETWEEN ~
CITY OF SANTA ANA AND
THE SANTA ANA HOUSINGr AUTHORITY
i
This Cooperative Agreement entered into this lst day of July, 2010, which date is
enumerated for purpose of zeferez<ce 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:
f
A. City on behalf of all jurisdictions in Oxange County, bas been designated to i
receive grant funding provided by the U.S. Depaztment of Housing and Urban ~
Developmextt {"HUD"} ptusuant to the Housing Opportunities for Persons With AIDS
("HOPWA") Program; and
B. City has entered into a HOPWA gxant agreement with HUD; and
C. Project Sponsor has provided leadership and is xespo~nsible for plannuig and
providing comprehensive HIV services for clients throughout Orange County and will
maintain the wait list for the program; and !
t
t
D. Project Sponsor will provide services to support the Tenant-Based Rental _
Assistance Program which consists of financial eligibility of tenants, HQ5 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 opcxation of the HOPWA Tenant-Based Rental €
Assistance Program. E
NOW, Ti~REFORE, the parties mutually agree as follows: j
I
t
i
I. ALTERATION OF TBRMS I
A. The parties anticipate that this Agreement may be amended, or followed by additional
agreements, to implement additional services and funding ofthe type covered by
this Agreement.
B. This Agreement fally expzesses ail understanding of City and l'xoject Sponsor
with respectto the subject matter of this Agreement, and shall constitu#e
the total Agreement between the parties foz these purposes. No addztion to, or ~
alteration of, the terms of this Agreement, whether written ox verbal, shall be valid
unless made in writing and formally approved and executed by each party. i
i
i
i i
1
Exhibit 1
25D-5
I
• ~
s
II. SERVICES
A. City shall serve as "HOPVU•A Grantee" for the purpose of contracting with
organizations to provide Tenant-Based Rental Assistance to persons disabled
due to HN/AIDS zesiding in Orange Cotmty.
I
. B. i~Tothing in this Agreement shall prevent City from entering into one or more
• agreements with the oilier 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 wt7ting by City~and Project Sponsor.
• C. City shall conduct an ongoing assessment of the Tenant-Based Rental
Assistance Program.
- b. 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 HU73 publications HUl?-401 l0-C (8/94). In addition,
Project Sponsor shall forward quarterly narrative reports to City identifying
accomplishments as HOPVIA Project Sponsor for Tenant-Based Rental
Assistance for persons with HIV disease. These reports ate to be submitted in ~ ~
conjunction with payment/eost reports identified in Section I'V 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.
IlI. BUDGET j
The following budget is an estimate only of the cost of providmg the services hereunder ~
for the term July 1, 2410 through June 30, 20I I. This budget may be modified by mutual
wtYtten agreement of the Contract Officers.
Administration $ 42,000.00
Housing Assistance Payments/Prograrn Expense $558,000,00
TOTAL (Maximum Obligation) $b00,000.00
2 i
25D-6
• i
1V. PAY1yiENTS/COST REPORT ~ ~I
k
A. 1) City shall pay Project Sponsor for the actual costs of providing the ~ '
administration of services hereunder, whether provided duectly by
• Project Sponsor, provided, however, the total of ail
payments to Project Sponsor shall not exceed the 1Vlaxinaum
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 na 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 Cast Report(s) shall be imancial and statistical reports(s) submitted by
Project Sponsor to City, and shall serve as the basis for final Settlement of this
Agxeenaent. The Cost Reports(s) shall detail alI costs incurred by Project
Sponsor to pravide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by Project .
Sponsor to provide services hereunder. Ifthe Cost Report(s) indicates the total
. ~ of City's payments to Project Sponsor are less than Proj ect Sponsor's cost to f
provide the services hereunder, City shall pay Project Sponsor the difference; s
provided, however, the total payment shall not exceed the Maximum
Obligation. Tf the Cost Report(s) indicates the total of City's paymen#s to
Project Sponsor are higher than Project Sponsor's cost of providing the
services hereunder, Pxojecf Sponsor shah pay City the difference. Payment
due pursuant to the Cost Report(s) shall be made within thirty (30) days of
the Final Settlement determination.. -
3
25D-7
S
i
• 5
f
G. Any funds not expended by fiscal year end, June 30, 2011 shall be returned to
City. Said unexpended funds shall be reallocated by City thzough the f
HOPWA Program.
V. DISP E RP,SOLUTION ~i
A. Any party may give written notice to the other setting forth in specific terns the 1
existence ar~d nature of any unresolved matter or concexn 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 knave fifteen (15} working days
following such notice to obtain resolution of any issues(sj identified in this manner;
provided, however, by mutual consent this period of time maybe extended to thirty
(30) daps. ~
B. If the Officers are unable to obtain resolution of the issues}, they shall submit a joint
written Statement describing the facts of the issue, vuithin thirty (30) days after the
written notice described above to the Deputy City Manager for Development Services ~
and to City's Housing Manager far 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 indemxiifying party, its off cers, agents or employees or the condition of
property used in the performance of this Agreement. k I.
I
VII. • INSURANCE ~
With respect to pei~ormance 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. Commexcial General Liability insurance with limits of not less than f
$1,fl00,000 per accidentlincident.
_ Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish
properly executed certificates of insiuance and additional insured endorsement to the City
i
d _
• - !
25D-8
l
- ~
' !
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 i
the City; (c) maintain such insurance for- the period covexed by this Agceerxient; anal (d} ~
replace such certificates for policies expiring prior to the expiration of this Agreement.
VIII. INSPECTIONS AND AUAITS
}
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
- remises in which the are rovided. +
p Y p
B. City shall actively participate and eoopei~ate 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.
- - 1X. LICENSES AND I.A'9V-
A. Project Sponsor, its officers, agents, employees, and subcontractors shah, 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 ox be hereafter changed, These
laws, rules, and regulations shall include, but not limited to the follo-~ving:
1. United States Code (U.S.C.}, title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
- 2. Code of Federal Regulations (Ck'R}, Title 24,1'art 574, Housing
Opportunities for Persons with AIDS.
3. Office oflVlanagement 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. ,
E
i
- i.
- E
- I
i
5
25D-9
t
1
IX. NONDISCItxMINATION
A. Employment --Project Sponsor warrants that it has developed and does maintain as
Affirmative Aetian program for employment which includes goals and timetables fox
employment of women and minorities, which program meets the Affirmative Action ~
Guidelines of the Federal Equal Opportunity Commission and all appxopriate state
laws and regulations.
B. Services, Benefits, and Facilities -Project Sponsor and its contractors, shall not
discrimina#e in the pxovision of services, the allocation of benefits, or in the ~
_ accomziaodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital status, national origin, age, sexual preference,
medical conditian, or physical or mental handicap in accordance with Title VI of the
Civil Rights Act of 19b4, 42 U.S.C. §2000d and all other pertinent Hiles and I
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, DisabledIndividuals --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 $4.1 et seq.}, pertaining to the pxohibition of discrimination
against qualified handicapped persons in all programs or activities, as they exist now
or may be hexea$er 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
ixi#erfering 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, xeports andlor
statements authorized or required by this Agreement shall be effective when f
written and deposited in the United States mail, first class postage prepaid and
addressed as specified in this Agreement. ik
B. Termination Notices shall be effective when written and deposited in the United i
States mail, certified, return receipt requested, and addressed as specified below.
C. Far purposes of this Agreement, any notice to be provided by City may be given
by Contract Officers. ~
I
Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by ~
U.S. Mail, postage prepaid, and addressed as follows: ~ _ ~
l
6
I
25D-10
i
t
C_~'
Cityof Santa Ana
Attn: Deputy City Manager for Development Services
20 Civic Center Plaza. (M-25}
Santa Arta, CA 92701
a
I
Project Sponsor:
Santa Ana Housing Authority ~
Atka: Linda Foster
20 Civic Center Plaza (M-27} ~
Santa Ana, CA 92701 ~
XI. RECORI?S/CONFIDENTIALITY ~ t
A. The parties, and any subcontractors, shall prepare and maintain any records required
bylaws, 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.
1"inaricial records related to this Agreement shall be maintained for two (2} years a#ter
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 sha11 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 employea~ and employee, or principal and agent, between City and the ~ j
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 subcontrac#ors, shall
f
7 ~
. ~
25D-11
not be entitled to any rights or privileges of City erztployees and shall not be considered in #
any manner to be City employees.
i
XEV. NON-ASSIGNABILITY AND DELEGATION
Project Sponsor shall not assign any rights under this Agreexrnent except
upon written authorization from City. i.
XV. TERM i
The term of this Agreement shall commence July 1, 2414 and terminate June 34, ~
2011, unless terminated earlier as provided in this Agreement; provided, botivever, the
Santa Ana Housing Authority shall be obligated to pcrfarm such duties as would
normally extend beyond this term, including but not Iirnited to, obligations with respect
to indemnification, audits, reporting and accounting.
XVI. TERMIl~CATiON
A. Any party may terminate this Agreement, without cause, upon ninety {94) days
written notice given the o#her parties.
B. Any party may terminate this Agreement, upon thirty {34) days written notice given
the other parties for material breach after failure to resolve the breach pursuant to the ~
i
Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of City and the Hottsi.ng Authority provided in this
Termination paragraph shall not be exclusive, and are in addition to any other rights
and remedies provided by law or under this Agreerxient.
XVII. THIlZD PARTY BLNEI'ICIARY
y
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
f
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.
E
a f
25D-12
._i
-
I
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
stated above.
ATTEST. APPT20VED AS TO CONTENT: i
I
Maria D. Huizar David N. Ream 1
Clerk of the Couneit City Manager
- APPROVED AS TO FORIVX: FIOUSTNG AUTHORYI'-Y ;
Jgseph W. Fletcher ~
City Attorney -
Cynthia J. Neison
y: Lisa E. Storck Executive Duector
Assistant City Attorney
ft
I
i
f
t
j
- ~ ,
. g
25D-13
F
1
I
EfL
f
f
{
2
i
I ~
I
I1
I
I~
i
i
I
i
25D-14 ~
i
COOPERATIVE AGREEMENT
BETWEEN'
• COUI~ITY OF ORANGE
AND
- CITY OF SANTA ANA
This Cooperative Agreement {"Agreement") is hereby entered into far the term of July 1,
2010 through June 34, 2411, by and beivveen the Ciiy of Santa Ana, a charter city and }
municipal corporation organized under the Constihttion and laws of the State of California
("City") and the County of Orange ("County"). ~
Recitals'
A. City, on behalf of ail jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housiuag anti Urban Development
(HUD) pursuant to the Housing Opportunities for Persons with AIDS (HOPWA) pragrarra;
and jj
B. City has entered into a HOPWA grant agreement with HUD; and i
C. County has provided leadership and is responsible for planning, providing and
contracting far comprehensive HIV services and has prepared, in eor}junction with the HIV
Planning Council, Orange County's HIV Plan far providing such services; and
D. ~ City wishes to contract with County in order that County may attain
supportive housing services by contract for persons with HIV disease, which services shall be t..
administered and monitored by County; and
E. County is agreeable to rendering such services on the terms and conditions
hereina$er set forth; -
l~FOW, THEREFORE, THE PAl2TlES MUTUALLY AGREE AS FOLLOWS:
Y. CdUNTY SERVICES
A. County shall serve as "HOP'4'VA Project Sponsor" for the purpose of
contracting with organizations to provide supportive housing services, to persons with E
Ix1V/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 contras#ing procedures far
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. 5
D. County shall ensure that each agency subcontractor receiving funds through ~
this Agreement operates in accordance with the requirements of the applicable HUD ~
zegulations. for the HOPWA Program and other federal, state and Iocal regulations as
appropriate.
1 - ~
- - ~
Exhibit 2
25D-15
i
. ~
he su ortive hausin
E. County shall conduct an ongoing assessment oft pp g
services required by the participants in the program.
F. County shall assure the adequate provision of supportive services to the
participants in the prog~ am; and
G. County shall comply with such other terms and conditions, including record
keeping and reports for program monitoring and evaluation purposes, as HUl7 xnay establish
for purposes of carrying out the program in an effective and efficient manner. Qua~.•terly and
Annual progxess reports will be submitted by County within. forty-five (45) days after the
quarter/year ends in a farm 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.
1. Cotuity 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 fallow.
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 agxeement of the Contract
Officers. The maximum obligarion Hereunder is $821.,133.
Supportive blousing Services $763,653
Administration* {see B. below) 57,480 }
$821,133
° nded
B. The Adtninistrat~on costs shall be seven percent (7 /o) of the actual expe ~
grant funds.
{
C. All services and expenditures will be performed by June 30, 2011 and invozced by j
August 15, 20 i 1. Any zemaining funds under this Agreement will be de-obligated upozz j
termination of this Agreement.
):If. PAYMENTS/COST REPOR'X`
A. City shall pay County fox the actual costs of providing the services hereunder, {
whether provided directly by County ar its subcontractors, provided, however, the #otal of all
payments to County shall not exceed the IVlaximum 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 thixty (30)
. 2
~
~ ~ ~
. ~ ~ 25D-16
- days following receipt of such invoice and complete documentation of services pei~'ormed,
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,
2011. ~
C. All invoices submitted by County shall be accompanied by source documentation j
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 inctnTed by County
in the performance of this Agreement.
I
E. The Cost Report{s) shall be financial and statistical reports} 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 tv provide
services hereunder. If the Cost Report{s) indicates the total of City's payments to County are
less than County's cyst to provide the services hereunder, City shall pay County the
difference; provided, however, the to#al payment shall not exceed the Maximum Obligation. !
Payment due pursuant to the Cost Reports} shall be made within thirty (30) days of the Final I
- Settlement determination.
IV. DISPUTE RESOLUTIOy
A. Either parry may give written notice to the other, setting forth in specific terrus the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provi-ded 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 maybe e~rtended to thirty {30} days.
~ii
. B. - - ~ if the Officers are unable to obtain resolution of the issues}, they shall submit a joint I
written Statement describing the facts of the issue, within thirty (30} days a$er 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 mane their best effort -
to resolve the matter within thirty {30) days following submission of the statements. j
Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director ar
designee shall be documented in the form of Zvritten correspondence exchanged by such
persons within ten (10) days fallowing their meeting. '
- k I
- t
- ~ i
i
3
25D-17
j
f
I
fi
i
I
'V. INDEMNIFICATION ~ 1
i
Each party agrees to indemnify and hold harmless the other party, its officers, agents,
and employees from ail liability, claims, lasses 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
i
A. Any authorized representative of City, any authorized representative of the State of
California, the Secretary of the Uni#ed 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
au audit, evaluation, or examination, or making transcripts during the periods of retention set
forth in the Records/Confidentiality paragraph of this Agreement and the prennises in which
they are provided. ~
i
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.
VIC. LICENSES AND LA'W
A. County, its ofljcers, 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 goveznmental agencies. ~
B. County shall comply with all layvs, rules or regulations applicable to the services
provided hereunder, as any may now exist~or be hereafter changed. These laws, rules, and k
regulations shall include, but not be lizxuted to the following:
1. United States Code (tJ.S.C.A.), Title 42, Section 12901-12912, AIDS Housing I
Opportunity Ac#. ~
2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities
for Persons with AIDS.
3. CF12 Title 24, Part 85, Common Rule to the Community Development Block i
Grant Entitlement Program.
4. Office of Management and Budget (OMB) Circular No. A-87, Cost Principles
for State and Local Govemme_nts.
5. OMB Circular No. A-128, Single Audit Act of 1984.
i
. 4 i
25D-18
}
~ L
. ~ I
{
i
I
VXI.I. NONDISCRiMINA'TION ~
I
A. EMPLOY -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 Uluted States Eilual, 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 i
accommodation in facilities on the basis of a#hnic group identifieatian, 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 there#o, and as otherwise provided by State law and
regulations, as all may now exist or be hereafter amended or changed.
C. DISABLED INDI'Y.mUALS --County and its contractors shall agree to comply tivi#h
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 se9.), 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. 12E'1'ALIATTOI~ -Neither County, nar its employees, agents, or contractoxs shall
intimidate, coerce or take advexse action against any person for the purpose of interfering
with rights secured by Federal or State Laws, ar because such: person has filed a complaint,
certifiied; assisted or otherwise participated in an investigation, proceeding, hearing or any
other acriviiy undertaken to enfoxce 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 iii person or rrzailed
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:
1
Clerk of the City Council j
City of Santa Ana
. 20 Civic Center Plaza (M-30}
P.O. Box 1988
Santa Ana, California 92702-1988 f
telefacsimile (714) 647-6956 ~
5 ~
. - - = ~ ~ . 1
25D-19
i
t
•
#f
f
GVith courtesy copies to:
City of Santa Ana
Linda Foster, HOPWA Coordinator
20 Civic Center Plaza (M-27)
Santa Ana, California 92702-1988
I
To County: County of Orange
Health Care Agency
Cantxact I?evelopment and Management
405 Jest 5`~ Street, 6~' Floor
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other patty. Thereafter, arty
notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. Tf sent by mail, any notice, tender, demand, delivery, or other i
communicationz shall be effective or deemed to have been given three (3) days after it has
been deposited in the 1;7nited States mail, duly registered or ceifified, with postage prepaid,
and addressed as set forth above. If sent by telefacsixnile, 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 fozth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
X. RECORDS/CON7'IDENT7AT~ITY 1
a. The parties, and any subcontractors, shall prepare and maintain arty records
required bylaws, 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.
1
c. "Confidential lnforxnatian" shall include all nonpublic information. Confidential
information includes not only written information, but also information transfet~ed orally, ~
visually, electronically, or by other means. Confidential information disclosed to either party
by any subsidiary and/or agent of the o#hex party is covered by this Agreement.
XI. Ji'TRISDICTIOI~/VENUE
This Agreement and all questions relating to ifs validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 'Phis Agreement has been execirted and delivered in the State of California and
the validity, interpretation, performance, anti enforcement of any ofthe clauses of this
6
E
25D-20
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 maybe brought or arise out af, in connection with or by reason of this
Agreement, _
XIi. SEVERABILICT'Y
If a court of competent jurisdiction declares•any provision of this Agreement or- i
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 ox 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.
XI.II. INllEPENDENT CONTRACTOR
County is, and shall at all times be deemed to be, an independent contractor and shall
be wholly responsible fox the manner in which it performs the services required of it by the
terms of this Agreement. County is entirely responsible fox compensating staff and
consultants employed by County. This Agreement shall not be construed as creating the
relationship of employer anal 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 enployees,. 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.
X1V. TERM f
f
The term. of this Agreement shall commence and terminate as specified herein, unless ~
otherwise sooner #exminated as provided vi this Agreement; provided, however, County shall
be obligated to perform such duties as would normally extend beyond this term, including
but not Iimited to, obligations with. respect to indemnif cation, audits, reporting and
accotanting.
7~V. TERMINATION
A. Either party may terminate this Agreement, without cause, upon ninety (90)
days written notice given the other party. ;
• I
B. Either party may terminate this Agreement, upon thirty (30) days written ~
notice given the other party for material breach after faihire to resolve the breach pursuant to
• the Dispute Resolution paragraph of this Agreement.
C. The ri h#s
g and remedies of County ax City provided m this Termmatton
I
x
7 s
c
25D-21 ~ ~
paragraph shall not be exclusive, and are in addition to any other xights 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. I
E
r
XVII. 'WAIVER OF DEFAULT OR BREACH - 1
- 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. NIISCELLANEOUS PROVISIONS -
a, Each undersigned represents and warrants that its signa#tue 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 x~ot, 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 #his Agreement.
I
I
I
-I
i
-
i
i
- I
- -
i
g
• ~ - ~
- - - - - E
25D-22 1-
i
i
IN WITNESS WI~REOF, the parties hereto. have executed this Agreement in the County of
Orange, State of California, on the date and year first above written.
ATTEST: CITY OF SANTA ANA: E
f
_ - i
MARIA. D. HUIZAR DAVID N. REAM :
Clerk of the Council Ciry Manager
APPROVED AS TO FORiYZ:
JOSEPH W. FLETCHER j
City Attorney i
Lisa E. Storclc '
Assistant City Attorney
COUNTY OF ORANGE
BY:
C~J[~~]RMAN OF THE BOARD OF SL7PERVISORS
SYGIVED ANA CERTI + + D TEAT A, COPY ;
OF THIS DOCUMEI~IT AAS BEEN DELNERED _
TO THE C:HAIRMAlY OI+` THE BOARD.
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California I
. s
APPROVED AS ~'O FORIVI: i
OFFICE Or THE COTJNTY COUNSEL
ORANGE COUNTY, CALIFORNIA ~
l
BY:
DEPI7T'S''
1
1
. I
9
~
25D-23
4
i
1
s
1
1
f
i
1f
E
l
i
i`
f
f
j
(c
}
R
t
1
1
25D-24
' ~ FflR~ ~
~OPIN'A DEOI~IOGRA?PHICS REPORT
Organizafion:
Program:
Persons Receiving Housing Assistance: j
Number of Fersans vrith H1V/AIDS:
Number of Other Family Members:
TOTAL: kI
f
Toial Households Receiving Housing Assistance:
Ali Famif Mernbers__ tinder 18 18-30 31-50 Over 50 Total
Male: ~
Female:
Totai:
Man#hl #ncome of Households:
$0-$250 $251-$500 $501-$1000 $1001$1500 $1501-$2080 • Over$2000
-
Re ort~Rase of AU Number of F~mity ]41~ritber~
Race ! ~htnlcity: iFa~it~ iSd'etri_iEeis Idre},i € rr as ~ti azit`s i Lein
American IndianlAEaskan Native: '
Asian:
Black/African American:
Native Hawaiian/Other Pacific islander:
White: _
American Indian/Alaskan Native & White: ~
Asian ~ White: _
Black/African American & White:
Am. IndianlAlaskan Native & Biack/African Am.: ~
Other MulEi-Racial:
Balance of individuals reporting more than one race:
Total:
Recent Living Situation; Entering From: Leaving To:
Horrteless /Streets:
Transitional Housing:
Emergency Shelter: _w.~, ~
Psychiatric Facility:
Substance Abuse Treatment: _ _
Nospitai / Medical:
Jai! /Prison: 1
Domestic Violence: j
Giving w/ Relative or friend
Rental Housing:
Participant-owned Housing:
i..ife Bveni:
Other:
~
i
Revised 05 /05109
25D-25
I
i
• REPORT FOR1Vi C •
SCATTERED SITE HOUSING ACTIVITY 1
(Tenant Based Rental Assistance, Ernergency HousinglUtility Assistance}
AC7IVETY NAME:
ACTIVITY LOCATION: DATE PAYMENTS 13EGAN:
Number of Units Assisted by Payment Tyr~e:
SRO 0 13drm 1 Bdrm 2 Bdrms 3 13drms ~ Bdrms 5+• Bdrms
Tenant-Based Rent
Rent, Mart a e, Utilities
Rent, Mort a e, Utilities
Expenditures 13y Type:
Tenant Based Rental Assistance: $ STRMU Assistance: $
I
I
i
Total Families Assisted with Housing Assistance:
Program Departure Counts:
Number of Months <3 3-6 7-12 ~'{2
Voluntary:
Nonpayment of rent:
supportive Service noncompliance:
Un)<nown: 1
CriminaL• {I
[lea#Et:
Other:
Availabie H~PWA Funds:
Total HOPWA Funds for Project: $
Total HOPWA Expended To Date: ~a
Project Balance Remain)ng: $
I
1
Leveraging (for year end report onlyj:
Non-HOPWA Funds: $ ~
$ -
I
$
Value of In-)find Support: $
$ I
~ ~
Total of Leveraf}ed Amounts: $
I
Revised x5/05109
25D-26 i
~tEPORT FORi~ D
• ~ (Housing Information /Coordination, Admin)
ORGgaatzt+T~oN:
PROGRAM: -
i
F
Total Households Receiving Housing information: l
4
Estimated Persons Receiving Housing in#ormation: l
HOPWA EXPENDITURE DETAIL '
Enter the amount of NOPWA funds expended during the report period far one or more of the activities listed below:
Housing Coordination: $
Administrative Costs: $
i
Total: $
f
k
Available HOPWA Punds:
Total HOPWA Funds far Project: $
Total HOPWA Expended To Date: $
Project Balance Remaining: $
. Leveraging (for year end report only):
Nan-HdPWA Funds: $
$
Value of In-Kind Support: $
Total of Leveraged Amounts: $ ~
i
r II
I
' II
Revised 05165!69
25D-27
s
~ I
- REPORT FORNt E
SUPPORTIVE SERVICES
Program: ~
Location:
Receiving Supportive Svcs Receiving Supportive Svcs
w/ l-lousing Assistance Oniy ~
Persons With HfV/AIDS
Other Persons in Family Unit
Total _ I
Supportive Services $ 1xpended # of Persons Served ~
1. Outreach $
2. Case Management/ Advocacy/Access to Benefits Svcs $
3. Life Management (outside of Case Management
a. - Nutritional ServlceslMeais $
5. Adult Day care and Personal Assistance ~ i
_ 6, Ghiid Care and other Children's Services $
i
7. Education' $
8. Employment Assistance' $
9. Alcohol and Drub Abuse Services $ ~
10. Mental Health Services $
11. Health/Medicafllntensive Care Services $
12. Permanent f-lousing Placement ~
13. Transitional Shelter $
14. Other $
15. Other $
TOTAL $
Number of Jobs ! Ne~v Employment that Result from # 7 & 8 -
i
Available HOPWA l=ands:
4
Total NOPWA Funds for Project: $ !
Total HOpWA Expended To Date: $ '
Project i3alance Remaining: $ f~
I
1
Leveraging (#or year end report only}: k
1
Non-NOPWA Funds: $
Value of In-Kind Support: $
Total of Leveraged Amounts: $
i
Revised 05!05109
i
25D-28 ~