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Home My WebLink About05 - HOPWA Ex2alteration af, the terms of this gree.ent~ whether Witten or Verbal, shall be va~.id unless made ~r~ Writing and for~nall~r approved and executed ~~ all parties. A. Santa Ana Housing ~.uthorit~ shall serge as "HOI''A Pro~cct pausor" for the purpose o~ proViding Tenant~Based dental Assistance to persons disabled due to ~HVI~ residing ~ grange Cau~.t~~ Nothing in this Agreen~e~t shall prevent the ro~ect sponsor from entering into one or more agreernents the other agencies or contractors within the QUnt~~ if deerned necessary and adsable to do so b~ the Prod ect sponsor; provided however, the obligations a~.d rights covered by this A~green~ent shall not be altered or reduced, except a mutually agreed to in meriting by ~~o j eet ~an~ar aid ontracta~. contractor shall conduct an ongoing asses~.ent of the Tenant Based ~ental Assistance rograrn, ~. ontractar shall assure e adequate pra~ision of application intake and maintenance of the Tenant Based Rental ~sststance Programs. wait list. contractor mill also Verify disabilities due to ~ status of each applicant. ~. Contractor shall comply with such other terms a~.d conditxou.s~ including record beeping and reports for program ~.onitaring and evaluation purposes as H~JD may establish for purposes of carrying out the ragram effective and ef.~cient manner, Contractor shall forward P quarterly narxatxVe reports to the Praj ect sponsor identii~. accarnplishrnents a H~PA Contractor for Tenant-Based dental Assistance for persons with HIV disease, These reports are to be subYnitted conjunction with aymentlcast reports identified in section IV of this Agreement clang with a summary of program budgets and ~~nar~cial disbursements rnade under the terms of this ~.gzeement. ~. "Contract ff~cers" means the pity's Housing tanager or designee, and Contractor's designee, Cr. fee Attachment 7 for detailed ser~lccs and related east breal~don. 11I. -B~~T The folloin.g budget ~s an estirrzate only of the cast of proVidi,ng the services hereunder far the term July 1, ~~1~ through June 3a, dal 1. This budget may b ~mvdi~.ed by mutual ritte~. agreement of the Contract facers. 2 Adstrtion ~ ~ ,aa~.0~ ~'~~` ~axunu~. hl~at~a~~ ~ ~,aaa,~a PA.~TSIC~T ~P~RT A. Pia j ~t SPoo~ ha~~ p.~ antrctar fog tea ~tu1, ~a~t a~' p~ad.~ t~.e adn~nistratian of services hereunder, prodded, ho~re~ver, the total of ail payn~er~ts to Contractor shall not exceed the ~axirnu. obligation as speci~~ed ~. cction I~~ of .~ ,agreement. ~. Contractor shall invoice Prof ect Sponsor mo~.thly ~. arrears} based an the actual cost of providing and contracting for e services hereunder, Project Sponsor sha~~ day Contractor ~o later than thirty ~~ ~~ days fallowing receipt of such invoice. I~anthly pay~.ents are interim Pay~.ents only, and are subject to final settie~ent and recancil~ation to the nab Cost Report submitted by Contractor. ~, X11 billings by Contractor shl be accoPa-r~.ed by copies ~ source documentation including, but not limited ta, ~ aurn.als, tir~.e sheets, canceled checks, d records of cost incurred by Co~.tractor in c perfarn~ance of this agreement. ~t such tines and in such a format as the Contract officers mutually agree . meriting, Contractor shah. Prepare and submit to Project Spoor reports of cast incurred by Contractor . the performance of this A.gree~nent. E. The Cost Repo~~s~ shall be f~.ancial and statistical reports~s~ submitted by Contractor to Praject Sponsor, and shall serve as the basis fQr ~mal Settler~.ent of this agreement, The Cost Repor~s~s~ shah detail all casts incurred by Contractor to provide services hereunder. F. Final Settlement shall be bayed upon the actual casts incurred by Contractor to pro~de services hereunder. if the Cast ~eport~s~ indicates the. total of Proj ect Sponsor's payments to Contractor are less than Contractor's cost to provide the ser~ces hereunder, Project Sponsor shall pay Contractor the difference; provided, ho~rever, the total payment shall not exceed the ~axirnum. obligation. If the Cost ep~~s~ indicates the total of Pra feet po~.ar~ s payments to Contractor are higher than Contractor's cast of providing the services hereu~.der, Contractor shall pay Pro j eet Ponsar the difference. Payment ~.ue pursuant to e Cast ~epart~s~ shall be .de Within thirty ~ a} days of the Final Settlement deter~ninatian, . Any funds not expended by fiscal year end, June 0, 2a11 shall be returned to Project Sponsor, Said unexpended funds shall be reallocated by City through the ~P'A Program. ~;~~.~ a~ A. Any p~xtY .ay ~~e ~~e~ notice to t~.e other setting fad. ~ specific terms tine e~~stence and nature of any unresvi~ed matter ar concern related to th.e purposes aid ohligations afthis Agreement, such notice shall he pra~xde by and to the antr~t ~~cers on behalf of the parties. The officers shall ha~re fifteen ~~ } orl~ing days falla~ring such notice t~ abta.in resolution of any issues~s} identified in this .a~ner; pra~ided7 hoe~er, by mutual consent this period of dine nay be extended to tliiity ~3 0} days. ~. If the ~fftce~s are unable to abtn resol~.tion of the issue~s~, they shall subm~.t a j Dint written tatem.ent describing the facts of the issue, ~ith~. thirty ~ 0~ days after the written notice described abase to the ~ecutive ~3irector A. , Foundation grange bounty and to pity's Housing lana~ger for resolution. Ifthe Dicers axe unahle to prepare ~, joint state.e~t, cacti shall sub~r~it separate statements to the previously listed within the thirty ~3 ~~ day period. Such persons shall meet and make their best effort to resolve the matter within thiy ~0~ days following suhmission of the statements, ~esolutiou ofthe dispute, or lack thereof, ~~ .e ~ecutive Director ~. . Foi~.ndation grange County and the Santa Ana pausing Manager shy be docuraente~. in the farm of wtten correspondence exchanged by such persons within ten ~ ~ ~~ days following their ~.eetang. ~'I. Il~TD~~'IATIO~ Each p~ agrees to indemnify, defend, a~.d hold harmless the other party, its officers, agents and employees frame. all liability, claims, lasses and demands, including defense casts, whether resulting from court action or otherwise, arising o~.t of the acts or omissions of the indeifyha.g party, its officers, agents or en~playees or the condition of property used in the performance of this Agreement, ~TII. INIAI~CE kith respect to perfor.~ance of ward under this Agreement, contractor shall na.aintai~. and sha11 requixe its s~ubcontractars, ~f any, to maintain insurance as dese~bed below: I . 'o~l~er's compensation. insurance within statutory legal. lim~.ts, and ~. Com~nerciai general Liability insurance with limits of not less than. 1,~~~,~~a per accidentlineident. outractor shah: ~a} pxiar to e~ercxsing any right nne~r this Agreement, furnish properly ejected certificates of insurance and additional insured endorsement to the ~roj eet 4 ~` sponsor which shall clearly evidence all coverages requ~xed above; fib} provide that such insurance shall not be ~natera.a~ly changed or terminated except on ~ ~ days prior mitten notice to the Praj ect Sponsor; ~c~ maintain such insurance far the period covered by this Agreement; and ~d~ replace such cer~'ficate for policies expiring prior to the expiration of this Agreement. VIII. Il~P~TI~S A~ AIT A, Any authorised representative of Pro j ect Sponsor} the amptraller General of the ~Jnited 'tatess the United States lepart~,ent of Dousing and urban 1)e~relopent ar any o their authorised representatives shall lave access to i baol~ss documents, records, ~rhich such persons decor peinent to this Agreements for ~e purpose of conducting an audit, evaluations or examinations ar making transcripts during the periods of retention set fordo. the ecordslonfidentia~ity paragraph of this A.gree~nent and the pre.ses ~ which they are provided. ~. Project Sponsor shah actively participate and cooperate with any persons specified ~ subparagraph A above ~n any evaluation or monitoring of the seces provided pursuant to the Agreement, and shall provide the above mentioned persons adequate office space to conduct such. evalua~~on or monitoring. I. ~l~N"S~ A~ I1A~T A. Contractors its a~cers, agents, employees, and subcontractors shahs throughout the term of this Agreements maintain. all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the lames and regulations of the united States State of ~alifor~., pity, and y other applicable governmental agencies, . ont~actor shall comply with all lays, ales, or regulations appicable to the services provided hereunder, a any may navy exist ar be hereafter changed., These lags, rr~les, and regulati~r~s s~.all include, but not limited to the fallong: ~ . united States fade ~. .~.}s title ~~, ectzon I ~9~ 1- ~ ~ 1 ~, A]S dousing Gpportunity Act. 2. fade ofFederal ~egulatian ~~F~~s Title ~~, Part ~~~, Mousing opportunities far Persons with ADDS. . Gee vfll~anagement and budget ~~NIB~ circular ~o. ~.-l~s host Principles far nonprofit organizations. 4. ~~ G~rau~ar ~o. A~ 1 ~ ~, Audits of lnstitut~ans of I-Iigher duct~an anal ether ~onpro~it ~~a.stitutians. 5 ~OIR~ATIO~I A. ~~.~~~ne~t -o~.tracto~ a~r~rant~ that rt hay deve~o~e~ aid does ~nata a~ A.f.~native Action program for emp~ay~nnt which includes gods aid timetables for employment of women and ~n.inorities, which program meets the Affnt~~'e Action Cruideiine of the Federal ~~u.al Oppartun~.ty commission and aid appropriate state laws and reguiat~ons. . er~iGes, Benefits, and Fac1i1t1es contractor, nor any oftherr subcontractors, shall diserin~inate in the prod.sion of serdces, the a.~location of bene.ts, or ~. the accan~.madataon in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, see, n~aritai status, national origin, age,. se~u.al preference, n~edica~ co~ditian, ar physical or mental handicap accordance with Title ~I of the i~i1 Rights A.ct of ~ 9~4, 4~ U... ~OOOd and aid other pertinent rules and regulations promulgated pursuant thereto, and as otherwise prodded ~~ state law and regulations, a all ray now east ar be herea~er amended or chaue~. ~, Disabled Indi~ridu.als - ~ro~ ect Sponsor and antractor and their contractors shall agree to cQ~nply with the prodsions of Section ~4 ofthe Rehabilitation Act of I X73 ~~a U.S.C. 794 et seq., a i~aplenaented in 45 FR 54.1 et seq.}, pertaining to the prohibition of discrimination against quaJ..ed handicapped persons ~n all programs or acti~ities# a.s they exist now or nay be hereafter amended together with succeeding legislation. D. Retaliation --Contractor, nor its employees, agents, or contractors shall intin~a.date, coerce or take a.d~rerse action against any person for the purpose of interfering with rights secured by federal or state laws, or because such person has filed a complaint, certified, assisted ar otherwise participated ~. an investigation, proceeding, hearg or any other activity undertaken to enforce rights secured by federal or state law. ~OTY A. Unless otherwise speci.ed, all notices, clai~.s, correspondence, reports andlar statements authorized ar required by this Agreement shall be e~`ecti~e when written. a-nd deposited ~. the United Mates mail, first class postage prepaid anal addressed as speeded i~ this Agreement. . Termination. oees shall be effect~re when written and deposited ~ the United States maid, certified, return. receipt requested, anal addressed as specified below. . For purposes ofthis Agreement, any no~.ce to be prodded by ~roect sponsor maybe given ~~ its contract Officer. 6 . ~oticas to Prod act sponsor anti Contractor shall, mess otherisa ra~uated ~. meting, be gent by tJ,. Nail, postage prepaid, and ddressad as folla~s: ~nntr~~~nr~ ~.. Foundation Oranga County Phil Saeger 17~ Parr Circla, quite ~ Irvine, A ~2 ~ ~ 4 Froi ect p~~~r; Santa Ana dousing Authority Agra.: Linda Foster ~~ Civic Center Flaw (~-~7~ ar~ta Ana, CA ~7~1 . _ __~CCRD l C ~1~FIDE'~XTY~ . The parties, and any subcontractors, shall prepare and maintain any records requirad ~y laves, ragu~atxans, and procedures applicably to thcir respons~~1litie under this Agreement. B. Thy pa.iys agree to n~.aintain the confidentiality of any records which pertain to this Agreement accordancy ath applicable state and fydyral lags and regulations. Financial records relatyd to this grayannt shall be maintained for o ~~ wars after ter,~iuation of this Agreement. ~. ~V~ABIL~TY If a court of competent ur~.sdictian declares an~r provision of this Agrae~na~.t or application. thereof to y person. or circumstances to be in~a~d or if any provision of this Agrye~nent contraveny and federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreen~ant or the application thereof shad ryrnain valid, and the rerna~ng pro.sxous of this Agreement shall re.ain in full force anal e~`ect, and to that e~tynt the provisions of this .Agreement are severably. ~~. TAT[J OF CONTACT A.. Foundation ~ra~e County is, and at all tines shah be deemed to be, an independent contractor and shall be ~vho~l~ responsible for the manner ~vh~ch it performs the nice reclnired. by the terms of this Agreement. A.. Foundation rangy County is, and at all tines shad be deemed to by, yntiral~ rysponsible for compensating staff and consultants employed by A.. Foundation grange County, This Agraanaent shall not ba construed a creating the relationship of ampla~er and ymployee, or principal and agent, between A. . Foundation ~r~nge County anal prod act ponsar cr~.ployees, agents, or subcontractors. . . Foundation rangy County assumes eclus~ively the responsilaility for the acts of its a~nplayees, agents or subcontractors as they relate to the syr~ces to be provided during the course and scope of their en~ploent. A.. Foundation grange County, its agents, e~.p~o'ees, or subcontractors, shall not be entztled 7 .~ ~: ~,Y. ~~S ~~F, the par~e~ here~~ ~a~re e~ec~~ed ~ Aremer~~ e dale ~~ate~ bore. ATTT: AWED A T~ INTENT: a~~a A~.a ~~~~~ng ~~..ori "P~o~ec~ po~.sera~ Maria D. ~u~~ar perk of tie ~aexi ~~D A T~ ~~~i: .~oseph . F~e~cber Cif At~or~ey M1 i ~~: Lxa ~. torCl~ Assi~~a~.t its' Att~.e - .~ E~eeu~i~re Director A... F~T~ND~T~~N GRANGE ~~TY - "C~nt~a~a~" Pte. Yaeger A. . Fou~.dtxo~. ~ra~.g~ eu~t~ 9