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Home My WebLink About05 - HOPWA Ex1 oope~at~ve A.gree~ent entered into this ~ ~# day of Jul, ~~ ~ ~, ~~ date ~s enumerated for purpose of refere~.ce on~.~, xs b and between ,~ ~t~ of Santa Ana ~"its"} aid the Sand. .~, ous~n ~uthorit~ ~"~ro~ect Sponsor"}. ~ree~ne~t sha~~ ~e a ' 'stered b tie ~1t"~ of Santa tea.. ~~ ~~ . ~. C~t~ ~~ behalf of alb ~u~isd~ct~ons ~ ~rar~e bounty, has been designated to reee~ve grant fd~n prodded ~~ the J.S. ~epar.ent ~~~o~.s~n and ~Jxban ~eve~op.ent ~{`~'~~ pursuant to the ~ons~ng. ~pporh.t~es for ~erso~~ nth ADDS ~`{~~PA"~ Pao gram; and B. ~ has entered into a ~~pA grant agreement .. ~D; and . ~~ ect Sponsor has pro~Ided ~eaders.p d 1s respo~s~b~e for p~a~ni~. and prov~d~n~ c6mp~ehe~s~~re ~ services far clients throughout grange o~,nty a.d ~~ ~na~~.tai~ the ~va.~t list for the ~rora~; and ~. project Sponser ~~I provide services to support e Te~ant~Ba.sed nta~ ~ssista~ce Program ~rhich cons~t~ off~nancxa~ e~~ibi.ty oftenants, ~ inspections, and financial respons~bi~~ty for housing assistrice patents to ~and~oxds; and ~. The parties have cooperatively written and agree to an Adm~istrat~ve Phan ~rhich ~dentes guide~~nes for the operation of the HAP Terza.nt-Based end Assistance Program. N~, Tl~'~E, the parties mut~.ai~~ agree a follows; ~, A~T~RAT~~ ~~` T~R~ ,~, The pa.~~es ar~t~c~pate that this A.gree~nerrt mad be a~.ended, ~~ foi~oed bar add~t~~nl agree~e~t~, to ~mpement addit~ona~ services and f.din of the t e covered ~ ~ ~ this Agreement. ~. ~ ~greem.ent fu~iy expresses all understanding ofit~ and Pro~eet Sponsor with respect to the s~.b~ ect matter of this Agreement, and shah. constitute the total A.gree.ent betwec~. the pares for these p~rpoes. ~Io d~it~orl to, or alteration of, the terns of this Agreement, whether Witten or ~erbaX, shall be ~a~~d un~.es made ~rriting and forma~l~ approved a~.d executed. ~~ each party. ~~r ~~i~ 1 i i shall sere "SPA grantee" for the p~rpase of co~.tractin with ~Y orga~i~at~o~ to pra~ide Ter~a.~.t-used Rental As~tanoe to persons disabed due to H1V~A~D res~d~ng i~ ~rar~ge bounty. B. bathing m. this Agreement shall present C1ty from. entering Into one or more a eem.en~ts nth the other a encxes or contractors ~.th the Jaunty, ~f deemed necessary and ad~sable to da so by ~it~; praded however, e obligations a~.d rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to ~r~tti by ~t~r ~ ar~~. Pray ect o~~ar. . i shall conduct an on oin assessment of the Tenant-used dental g g .Assistance Program. Project sponsor shad assure the adequate prevision of supportive ser~ce to appl~cantslpaxticipants to ensure program success. E, ~ro`ect o~or shall cam ~ with such other terms and condi~.ou} ~nclud.g ~ ~ record ~eep,g and reports far program monitoring and eva~uatian p~rpa~es, as HUD ma establish for purposes of earrxzg out the program in an. effective anal efficient mamaer, Annual progress reports be prepared b~ Proj ect sponsor in a form consistent with. ~ publications ~-4a ~ ~ ~8194~. In addition, Project aror shall forward quarterly narrative reports to pity ident~fyir~.g _ p a~complislunents as H~PA Prof ect ~po.sor far Tenant-Based Rental _ Assistance far ersons wig ~ disease. These reports are to be subrrdtted i~ p conjunction .th paentlcast reports identified in ectlan ITT of this Agreement along with a summary of program. budgets and f~.ancil disbursements mad e under e terrn.s of this Agreement. `contract ~.cers" means the pity's Housing IVlar~ager ar designee a~.d Prod ect Sponsor's designee. See Attachn~.ent ~ far detailed services and related cost breakdown. Bl, BD~T .e failo~. bud et is an estimate o~~' ofthe cost ofproviding the ser~ces hereunder g g for the term July ~ , ~ a ~ ~ through June ~ 4, ~ a f ~ . ~h%s budget m.a~ be modi.ed by ~.utual~ wren agreement of the Contract ~fcers. ~ ~ 'I Adm~i.stratxvn ~,O~D.aa Housin Assistance PaymentslPragrarn ~pense S~ ,4Da.aa g TOTAL a~.mum Obligation} G~a,~~a.~a ,r.~^~° 1 _ t c ~} City sb.a~l pad Project Sponsor far the actual casts afproviding the adm.i~itratian of services hereunder, whether prodded direct~~ b~ Project Sponsor, provided, ho~rever, the fatal of all payments to Pry j ect poor ~h~ gat e~~ee~. t~.e aimu~n obligation as specified Section III of the Agreement. ~} City shai drams dom. ~~~ funds designated far rent. sub~id~ patnents are a monthly basis after receipt of certification of individuaf of individual tenant subsidy a.ounts. After final. approval by City, f.ds .il be disbursed to landlords. ~. Praject Sponsor shall invoice City rnonthiy exclusive of rental subsidy payments, in arrears, basod on the actual cost cfproviding and contracting far the services hereunder. City shad pay bra jest par~ar no later t~.a~. thirty ~' a~ days following receipt of such invoice. Iantl.y payments are interims. payments only, and are subject to final settlement and reconciliation to the fna~ Cast Report submitted by Praject ponor~ ~. AlI bi~~ins by Project Sponsor sb.all be accompanied by copies of source docu~.entation including, but not limited to, j ournal, tine sheets, canceled checks? and records of cost incurred ~~ Project Sponsor .e performance of this Agreement. I~. At such times and ~ such a forzna~t a the Contract officers .utu.ly agree in Ming, Project Sponsor shall preparc and submit to Cif reports of cast incurred by Proj ect ponsar in the performnoe of this A.gree~nent. F~. 't`he Cost epart~s} shall be trnancral and statlst~cal reports~s~ submitted by Praject Spansar to City, and shall serve as the basis for final Settlernent ofthis Agreement. 'he Cost eports~s} hl detail l costs incurred by Praj ect Sponsor to provide services hereunder. F. Final Settlement shall be bused upon the actual costs incurred by Praj ect Sponsor to provide services hereunder. If the Cost Reports} indicates the fatal of City's payments to Project Sponsor are less than Praject Sponsor's cast to provide .e services hereunder, City shall pay Praject sponsor the difference; provided, however, the total payment shad not exceed the l~.una. ~bligat~on, if the Cost ~.eport~s~ indicates the total of Cit~r's payments to Project Sponsor are higher than Project sponsor's cost of providing die services hereunder, Praject Sponsor shah pay pity the difference, Payrnent due pursuant to the Cast Report~s~ shall be made within ~ ~ a~ days of the Final ettleent determination. ~~~f . Any funds nat expended ~~ ~.~~~. year end, ~~ 3 D, ~~ 1 i shall ~~ returned to City. Said unexpended funds shad ~e reallocated ~~ City through the ~~~ Program. ~. DISPUTE ~ES~~t~TI~ A, ~ party may give vvxitten notice to the other setting forth in speeif c terms the existence .~. nature of any unresolved matter ar concern re~a~ted to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract ~ff.cers on behalf of the parties, The Officers shall have fifteen ~ ~ ~~ working days fol~o~ving such notxee to obtain resolution of any xssues~s} identi.ed this manner; provided, however, by mutual consent this period of tine nay be extended to thirty ~3a} days. B, Xf the ~f~.cers are unable to obtain resolution of the issue~s~, that' shall sub~n%t a point written Statement descr~.bin the facts of the issue, ith~n thirty ~ a~ days a.er the mitten nati.ce described above to the Deputy City Manager for Developn~.ent Serices and to City's dousing tanager far resolution. ~f the ~f~.cers are unable to prepare a - point st.tcruent, each shall submit separate statements to the previously listed within the thirty ~30~ day period. such persons shah. meet and made their best effort to resolve the matter t~zn thirty ~~~}days follo~ng s~bmissi~n ofthe statements. resolution of the dispute, or lack thereof, by the Deputy City 1Vianager far Development Services and the Santa Ana City Manager shall be documented iu the fonn of written correspondence exchanged by such persons within ten ~ i 0~ days following theix meeting. v~. TDE~1~'~CAT~~ Each party agrees to inden~ify, defend, and hold harmless the other party its officers, agents and exnpoyees from alb liability, claims, lasses and demands, including defense casts, whether resulting from court action or ather~vise, arising out of the acts or omissions of the indemnifying party, its officers, agents ar e.ployees ar the eouditian of property used in the performance of this Agreement. f ~• ~~~ kith respect to perforrnax~ce ofwork under this Agreement, Project Spansar shall rna~ntain and shall require its subcontractors, xf any, to maintain insurance as described below. l , porker's co.pensatian insurance within statutory legal limits, and ~. Cornn~ercial General liability insurance with limits of not less . i,0aa,~aa per accidentJincident. Project Sponsor shall; a~ prior to exercising any right under this Agreement, finish properly executed certificates of insurance and additional insured enarsement to the City -w~ 4 .s~ ~x ~.xtr which shah clearly e~idenee ~. coverages required above; fib} provide that ~.ch in~urar~ce sham not be xnater~a~ly changed or terminated except on Q days prior written no~ee to the City, ~c} maintain such insurance for ~.e period covered by t~.s Agreement; ar~d ~d~ replace such eei~cates for policies e~png prior to the expiration ofthis Agreement. VIII. IP~CTI~~ A~VD ~~~ A. .~ authorised representative of City, the Comptroller C~enerai of me ~7nited Mates, the l~n~ted States I~epart~nent of Housing and Urban Development or any of their authorised representati~res, sha11 have access to City boos, documents, records, eh such persons deem pertinent to this Agreement, for the purpose of onduct~.g . audit, e~ra~uation, ar e~arn~atior~, or making trans~r~pts dung the periods of retention set Earth ~. the RecordslCon~identiality paragraph of this Agreement and the premises in ~rhich they axe prodded. ~. City shall actively participate and cooperate with any. persons specified in subparagraph A above any evaluation or monitoring of the services prodded puxsuant to the Agreement, and shall pro~de the above m.entianed persons adequate office space to conduct such evaluation or monitoring. I I~IC~I~ ANA ~A.~ ~, Pro j eet pa~sor, its ~f.cers, dents, employees, and ~bca~tractors half., tbra~.~aut the term of this Agrcem.ent, maintain all necessaxy licenses, pe~rrnit, approvals, eerti~eates, waivers and exemptions necessaxy for the provision ofthe services hereunder and required by the lames and regulations of the ~Jnited Mates, Mate of Californ~.a~ City, and any other appl~cabie gavernmenta~ agencies. ~. Project sponsor shall comply with .1 la~v, ales, ox regulations applicable to the ser~iees provided hereunder, as any m.ay nova exist or be hereafter changed. These laves, rules, and regulations shall include, but not limited to the following; I, ite States Code ..C,~, title 4, Section ~ ~~Q 1 W 1 ~9I2, ASS Plousing ~ppor~unlty Act. . Cade of Federal ~eulatxans ~F}, Title ~~, Part ~ 74, ~au~g Cppartun~.ties far Persons with AIDS. ~. office ~f anagexnent anal Budget ~~MB~ Ocular a. ~.-~~, Cost Principles far nonprofit oran~~ataans, 4. ~~B Circular o. A-1 ~ 3, Audits o~ Institutians of Higher education anal. ether ~Vanprofit lnstatutians. l.h. 1V ~-J~L~~~4.Jly ~., Em~oyn~ent ~ ~ro~ect sponsor warrants that it has developed and does maintain an Affin~n.ative Action program for employment which includes goals and tiYnetables for employment of amen and minorities, v~~ich pragran~ meets ~e Aff~~rrnati~re Action ruidelines of the federal Equal opportunity Co~nmissian and alb appropriate state laws aid regultians. B. Services, Benefits, and Facilities ~- Project sponsor and its contractors, shall not discriminate the provision of services, the .location of bene.ts, or in the accan~aodation in facilities on the basis of ethnic group identification, race, religion, anCetry, creed, color, seX, Inaritai status, natlanal origin, ~.~~, sexual preference, rnedica~ condition, ar physical or mental handicap accordance v~.th ~'itle ~ of the Civil Rights Act of 194, ~ U.~C~ §2a~ad and all other pertinent rules and regulations pron.gated pursuant thereto, and as otherie provided ~~ state la~v and regulations, as all may navy exist or be herea~er mended or changed. . Disabled Individuals -- fro j ect pansar and its contractor agree to ca~.pl~ with the provisions of section ~D4 of the Rehabilitation Act of ~ 973 ~2~ . . C. 794 et seq., as hnplem.ented in ~~ ~'~ 84.1 et seq,~, pertaining to the prohibition of discrin.atian against quaff "red handicapped persons ~ ail programs ar activities, as they exist na~v or may be hereafter amended together with succeeding legislation. ~, Retaliation project pansor and its ernpioyees, a.gentsy ar contractors shall not intimidate, coerce or take adverse action against any person for tae purpose of interfering with rights secured by federal or scats laws, or because such. person has .led a complaint, certified, assisted or atherise participated an investigation, proceeding, hearing ar any other activity undertaken to enforce rights secured by federal or state lam. N~~'1CE ~. L~~.ess otherwise specified, ail notices, claims, correspondence, reports and~ar statements authorised ar required by this Agreement shah. be effective when written and deposited in the United states mail, f~xst class postage prepaid and addressed as specified this Agreement. ~. ~`ermination notices snail be effective when ~rritten and deposited ~. the united. States mail, certx~ed, return receipt requested, and addressed s specified below, . ~'ar purposes of this Agreement, any notice to be provided by City maybe given by Contrast ~i.cers. notices to City and project Sponsor shall, unless ot~erise requested ~ meriting, be sent by ~~.T,S. Mai1, postage prepaid anal addressed as foilo~vs: r~~} c~ ~t~ of Santa Ana Attn: Deputy pity tanager for ~e~eiopment e-ices ~~ civic tenter Papa ~-5~ Santa Ana, A ~~~~ ~ra~eet pansor^ Santa Ana Housing Authority Attn: ~~nda Foster 0 ~i~ic tenter Pima ~M-~7} Santa Ana, A 97~ ~ ~~I~~N~IDEI~TIAL~TY A, The pa~•ties, d y subeantractars, shall prepare and ~.aintain. any records required by 1as, regulations, and procedures appi~cah~e to their responsihl~lties under s Agreement. ~, The parties agree to maintain the conf~den~.a~ity of any records which pertain to this Agreement in accordance with applicable state and federal ~a~rs and regu~.ation. ~'inancxal records related to this Agreement shall be maintained far tv~o ~~ years after terna~nation of this Agreement. I. SE~RABI~~T If a court of co.petent jurisdiction declares and provision of this Agreement ar application thereof to .~ person or circumstances to be invalid or if any prevision of this Agreement contravenes any federal, state or county statute} ordinance, ar regulation, the ren~a~nin provisions of this Agreement or the application thereof shall remain valid, and the remain provisions ofthis Agreement sh.l remain ~. ~1 farce and effect, and to that extent the provisions of this Agreement are severable. Ill, STA.TS ~~ T~AT~R. The Housing Authority is, and at all tines shall b deerned to be, an independent contractor and sha.H be ~r~olly responsible for the manner ~ which they perform the services required by the terms of this Agreement. The Housing Authority i, and at all tin~.es shad be deemed to be, ent~xe~y responsible far compensating staff and consultants employed ~y the Ha~.sing Authority, This Agreement sha11 not he construed as creating the relationship of employer and e~npioyee, or principal and agent, bet~reen pity and the Housing Authority ernplayees, agents, or subcontractors. The Hauling Authority assumes exclusively the responsibility for the acts of its employees, agents or suhcantractar as they relate to the services to be provided during the course .anal slope of their e~nplaym~nt. The Housing Authority, its agents, empiayees, or subcontractors, shad 7 ~~ k g,.~ not be entitled to any rights or privileges of ~ty~ employees and sh~.l not be considered in any manner to be City e~pioyees. ~. ~~~-~ ~~ABILIT~ ADD D~I~~A~TI~~ P~o~ect Sponsor shall not assign any rights under this ,agreement c~cept upon written authorisation from. pity. The term o this agreement ~~.~ commence duly 1, 201 ~ and t~in.ata June 3 ~, ~O1 ~, u-~es terminated e~riier as provided in this Agreen~et; provided, haever, the Santa Ana ~ousixzg Authority sha~.i be obligatcd to peorm. such duties as v~ouid nor~nall~ extend beyond this term, inciud~ng but not lted to, obligations with respect to indemnification, audits, reporting and accauntin~ ~I. T~IATI~N A...Any party may tern~.nate this ~.grernent, without cause, upon ninety ~~0} days mitten notice given the other parries. . Any party nay terxninate this Agree~.ent, upon ~ ~~0} days ~.tten notice given the other parties for mate~al breach after failure to resolve the breach pursuant to the Dispute I~csolu#aon paragraph of this Agreexneot. The rights and remedies off` pity and the I~auin Authority p~rovxded in this Tennatian paragraph shall nab be e~ciusive, and axe ~. addition to any other ruts and remedies provided by ia~ or under this ,Agreement. III. TAD PARTS ~~'I~IR~ ~o party hereto intends that t~s Agreement shad create rights here.der ~. third artier including but not ii~ited to any subcontractors ox any patients provided services p hereunder. VIII. y~I~ ~~ DFAUIIT OR RAH waiver of any default the ~ousi Authoty or pity shad not be considered a ~va~ver of y subsequent default. ~va~er of any breach by the Housing Authority or pity of any pro.szon of this A.reement shall not be considered a waiver of any sabre uent breach. Waiver of any default of any breach ~~ the I~ausing Authority or ~. pity shall not be co~,s~dered a nod,cation o~ the terms of this Agreement. f~~ '~~E ~~~~, the par~~e e~e~o acre executed ~A~xeee~t tie date stated ab~~re, ~ - A'~T~T; Mara D. ~Iu.~r C1er ~~ tie ou~c~l A~~~~VED A ~ F~~: Joseph . ~~etcher ~~y Attoe~ 4 ~. ~~: Lisa E. torc Assistant its Attorney PR~V~D ~ '~~ TENT: acid , ~.ea xty wager H~TJIN ~~~'~~TY yna J. Nelson Eecuve director