HomeMy WebLinkAboutSOUTHWEST MINORITY ECONOMIC DEVELOPMENT ASSOCIATION (SMEDA) -20131(}v
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'2TI1 _INI n+N: t ;r HcS EMERGENCY SOLUTIONS GRANT
SUBRECIPIENT AGREEMENT BETWEEN
LERK Or CO! AC' THE CITY OF SANTA ANA
ATE jg:p 1 9 C 'd AND
SOUTHWEST MINORITY ECONOMIC DEVELOPMENT ASSOCIATION
THIS AGREEMENT, is hereby made and entered into this Ist day of July 2013, by and between the City of Santa
Ana, a charter city and municipal corporation of the State of California, herein called the "CITY" and SOUTHWEST
MINORITY ECONOMIC DEVELOPMENT ASSOCIATION, a California nonprofit organization, herein called the
"SUBRECIPIENT ".
WITNESSETH
Recitals:
1. The CITY is the recipient of Emergency Solutions Grant ( "ESG ") funds from the United States
Department of Housing and Urban Development ( "HUD "), pursuant to subtitle B of title IV of the McKinney -Vento
Homeless Assistance Act [42 U.S.C. 11371-11378], for the rehabilitation or conversion of buildings for use as emergency
shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services
related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re- housing
assistance.
2. The CITY has approved the provision of federal funds under the ESG to be used in the operation of an
emergency solutions program ( "program ") for the homeless or at -risk of homelessness of the City of Santa Ana as further
described by Exhibit A, Scope of Work, attached hereto and by this reference incorporated herein.
3. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience in the
provision of emergency solutions programs for the homeless or at -risk of homelessness and is willing to use said federal
funds to operate said program.
4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of
homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent
housing, relocation and stabilization services, rapid re- housing assistance, medical and mental health treatment,
counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local
and private assistance available for such individuals.
The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed
$22,200 in grant funding.
6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds from the United
States Department of Housing and Urban Development.
The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the 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 the SUBRECIPIENT:
I. SCOPE OF PROGRAM
A. General Administration
The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope of Work,
which shall provide a description of each activity, including the services to be performed, the person or
entity providing the service, the estimated number of recipients of the service, and the manner and means
of the services.
B. Levels of Accomplishment— Goals and Performance Measures
The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in Exhibit
A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not
be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any
adjustments to the grant award is appropriate.
C. Staffing
The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity.
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.
II. AGREEMENT PERIOD
This AGREEMENT shall take effect on July 1, 2013, and shall terminate on June 30, 2014, unless
otherwise cancelled or modified according to the terms of this AGREEMENT. The term of this agreement
may be extended upon a writing executed by the Executive Director of the Community Development
Agency
III. DISBURSEMENT AND FUNDS
A. Amount and Expenditure End Date
The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $22,200 from
Emergency Solutions Grant (ESG) funds, as outlined in Exhibit B, Final Budget, and such funds shall be
expended by the SUBRECIPIENT on or before June 30, 2014. SUBRECIPIENT has the ability to adjust
line item amounts with the approval of the City, so long as the total Budget amount does not increase.
B. Invoicing Procedures
The SUBRECIPIENT shall submit quarterly invoices (on or before the 15 °i day of October, January,
April, and July) in a form prescribed by the CITY, detailing such expenses. Such schedule may be
modified with the approval of the CITY.
C. Payment
Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as
hereinafter more fully set forth below under Reporting, with the final payment subject to the satisfaction
of the condition precedent of submittal of complete invoicing and reporting information due on or before
July 15 of the applicable funding year. The CITY shall pay such invoices within thirty (30) days after
receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of
this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this
AGREEMENT. The thirty day period will discontinue if the reimbursement request is determined to be
incomplete and will restart the thirty day timeline once the remaining required elements have been
submitted. Failure to provide any of the required documentation and reporting will cause the CITY to
withhold all or a portion of a request for reimbursement until such documentation and reporting has been
received and approved by the CITY.
D. Use of Funds
The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and
reasonable costs allowable under federal law and regulations to operate said program only. Said amounts
shall include and will be limited to, street outreach, emergency shelter, homelessness prevention, rapid re-
housing assistance, housing relocation and stabilization services, short-term and medium -term rental
assistance, and Homeless Management Information Systems (`HMIS ") data contribution as set forth in 24
CFR § 576.101 — § 576.107. Allowable program costs are detailed in the Budget, as set forth in Exhibit B,
attached hereto and by this reference incorporated herein. The SUBRECIPIENT'S failure to perform as
required may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the
amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof.
The SUBRECIPIENT agrees that the homeless shelter /services under said program shall be available for
the entire period during which said finds are provided.
E. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may
result in a change in the current process utilized by the CITY to determine finding allocations. The
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 the SUBRECIPIENT, this AGREEMENT
may be terminated by the CITY at the end of the period for which funds are available. At the earliest
opportunity, the CITY shall notify the SUBRECIPIENT 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.
(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which
are used in connection with the AGREEMENT or which implement programs funded under this
AGREEMENT.
F. Matching
The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an
amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such
contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR §
576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT
will be enumerated in Exhibit B, Final Budget.
G. Program Income
(l) Definition. Program income means, as provided by 24 CFR 84.24 or 24 CFR 85.25, gross
income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only
as a result of the grant agreement during the grant period. For purposes of ESG, program income will also
include any amount of a security or utility deposit returned to the SUBRECIPIENT.
(2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes
for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT.
(3) Counts toward Matching. Costs paid by program income may count toward meeting the
matching requirements, provided the costs are eligible ESG costs that supplement the program.
H. Separation of Accounts
All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be
maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member
of the SUBRECIPIENT, in an account (the "Account ") at a federally insured banking or savings and loan
institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The
SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally
accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures
relating to essential services, homeless prevention, and /or operations costs, as authorized hereunder. All
disbursements from the Account shall be for obligations incurred in the performance of this
AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate,
evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the
SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated.
1. Expenditure of Funds
Much Tike how HUD requires the CITY, pursuant to 24 CFR 576.203, to expend all of the grant funds for
eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY,
it is a requirement for the SUBRECIPIENT to expend all of the grant fiords for eligible activity costs
within the aforementioned period. For the purposes of this paragraph, expenditure means either an actual
cash disbursement for a direct charge for a good /service or an indirect cost, or the accrual of a direct
charge for a good /service or an indirect cost. Failure to expend said funds within said timeframe can result
in a reallocation of funds.
J. Prohibited Use
(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will nonuse funds provided
through this AGREEMENT to pay for meals for persons other than those identified as homeless or at risk of
homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT
certifies that it will not use said funds for illegal or dishonest conduct, rather, fund use will remain in
compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this
AGREEMENT.
(2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated fiords may be expended
by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing
or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a
certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference
incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to
performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of
the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If
any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing-
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to
Report Lobbying," in accordance with its instructions (see Exhibit C -1).
IV. NOTICES
The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be made in
writing and delivered via mail (postage prepaid); commercial courier; personal delivery; or sent by
facsimile or other electronic means (provided that receipt is confirmed). Any notice delivered or sent as
aforesaid shall be effective on the date of delivery or sending. All notices and other written
communications under this AGREEMENT shall be addressed to the individuals in the capacities
indicated below, unless modified by subsequent written notice.
Communication and details concerning the AGREEMENT shall be delivered to the office of, and directed
to, the following representatives:
W
V
CITY:
Francisco Hernandez
Management Analyst
City of Santa Ana
Community Development Agency (M -25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702 -1988
(714) 647 -5360
(714) 647 -6549
GENERAL CONDITIONS
A. Coordination with Continuum of Care
SUBRECIPIENT:
Connie J. Jones
Executive Director
Southwest Minority Economic Development
Association
1601 W. 2n'. Street
Santa Ana, CA 92703
The SUBRECIPIENT must work with the Continuum of Care ( "CoC ") to ensure the screening,
assessment, and referral of program participants are consistent with the CITY's written standards for
providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep
documentation evidencing the use of, and written intake procedures for, the centralized or coordinated
assessment system(s) developed by the CoC in accordance with the requirements established by HUD.
See 24 CFR 576.400.
B. Evaluatoin of Program Participants Eligibility and Needs
The SUBRECIPIENT must conduct evaluations and re- evaluations to determine the eligibility of each
individual or family's eligibility for ESG assistance in accordance with 24 CFR 576.401.
C. Terminatini Assistance
If a program participant violates program requirements, the SUBRECIPIENT may terminate the
assistance in accordance with a formal process established by the SUBRECIPIET that recognizes the
rights of individuals affected. See 24 CFR 576.402
D. Shelter and Housing Standards
The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG
beneficiaries will conform to 24 CFR 576.403.
E. Homeless Involvement
The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless
individuals and families in constructing, renovating, maintaining, and operating facilities assisted under
the ESG program, and in providing services for occupants of these facilities. See 24 CFR 576.405(c) and
42 USC 11375(d).
F. 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. The SUBRECIPIENT and its
subcontractors shall at all times remain independent contractors with respect to the services to be
performed under this AGREEMENT. The CITY shall be exempt from payment of any Unemployment
Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance as
the SUBRECIPIENT is an independent contractor.
G. Subcontracts.
(1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this
AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance
of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding
that the subcontractor is in violation of regulations issued by any federal agency. The
SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the
latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities
for Low- and Very Low - Income Persons) and will not allow any subcontract unless the entity has
first provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
(2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other
agreements that relate to this AGREEMENT to the CITY.
H. Licensing.
The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation, and
inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its staff and
subcontractors shall also obtain and maintain all required licenses, registrations, accreditation and inspections
from all agencies governing the SUBRECIPIENT's operations hereunder. Such licensing requirements
include obtaining a City business license, as applicable.
1. Responsibilities Toward Employ
The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation,
insurance premiums, workers' compensation premiums, income tax withholdings, social security
withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in
the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT
accepts full responsibility for providing workers with proper safety equipment and taking any and all
necessary precautions to guarantee the safety of workers or persons otherwise affected.
J. Insurance and Bonding
(1)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable
legal claims for liability or loss which are the result of injury to or death of any person, or damage to
property (including property of Grantee) caused by the negligent acts or omissions, or negligent conduct
of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in
connection with the activities of this AGREEMENT.
The SUBRECIPIENT shall comply with the bonding and insurance requirements of 24 CFR 84.31, 84.48,
and 85.36.
The SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a policy or policies
of commercial general liability insurance, or equivalent form.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and volunteers as
additional insureds; (2) be primary with respect to insurance or self- insurance programs maintained by the
CITY; (3) contain standard separation of insureds provisions; and (4) give to the CITY prompt and timely
notice of claim made or suit instituted arising out of the SUBRECIPIENT's operations hereunder.
(2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of
Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the
coverages and amounts of coverage not less than those set forth below:
a. Workers' Compensation. Amount must comply with State and Federal Laws
b. Comprehensive General Liability. $1,000,000 combined single limit of liability for bodily
injuries, death, and property damage resulting from any one occurrence, including the following
coverages:
Premises and Operations; and
ii. Broad Form Commercial General Liability Endorsement to include blanket
contractual liability (specifically covering, but not limited to, the contractual obligations
assumed by the SUBRECIPIENT); Personal Injury (with employment and contractual
exclusions deleted); and Broad Form Property Damages coverages.
C. The SUBRECIPIENT's self - insured retention or deductible per line of coverage shall not
exceed $25,000 without the permission of the CITY.
(3) Proof of Insurance. The SUBRECIPIENT shall furnish the CITY's Clerk of the Council with an
insurance certificate from its workers' compensation insurance carrier certifying that it carries such
insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days
prior notice to the CITY.
The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT:
a . furnish properly executed certificates of insurance and additional insured endorsement to
the CITY which shall clearly evidence all coverages required above;
b . provide that such insurance shall not be materially changed or terminated except on thirty
(30) days prior written notice to the CITY;
c . maintain such insurance for the period covered by this AGREEMENT; and
d . replace such certificates for policies expiring prior to the expiration of this AGREEMENT.
(4) Company Rating. All insurance coverage shall be written with a company having an A.M. Best
Rating of "A" or better and financial size of VIII or larger.
(5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these
provisions, the CITY may, on notice to the SUBRECIPIENT, suspend the program for cause until there is
full compliance.
K. Zoning.
The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be
specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have
the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations
relating thereto, the 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. The SUBRECIPIENT shall notify the CITY immediately of any pending
violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall
result in termination of grant funding hereunder. The 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 funding
hereunder.
L. Displacement and Relocation.
The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement of
persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408.
M. Provisions Required by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed
to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein,
and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the
application of either party the contract shall forthwith be physically amended to make such insertion or
correction.
VI. ASSURANCES AND CERTIFICATIONS
A. Non -Profit Status
The SUBRECIPIENT certifies that
(1) The SUBRECIPIENT is a duly organized and existing non -profit corporation in good standing
and authorized to do business under the laws of the State of California and in possession of required non-
profit status under the United States Internal Revenue Code (for example, 26 USC § 501(c)(3). The
SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to
undertake all obligations as provided herein and the execution, performance, and delivery of this
AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of
the SUBRECIPIENT.
(2) If the SUBRECIPIENT's non - profit status changes at anytime during this AGREEMENT, it will
advise the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non - profit, it hereby agrees that the members of its Board of
Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses,
from any funds generated from or because of the ESG program, for their services.
(4) As a non - profit, the SUBRECIPIENT acknowledges that administration of its operation and
services are subject to the requirements as established in 24 CFR Part 84.
B. Adherence to Federal. State. and Local Laws and Regulations
(1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and
applicable cross - cutting Federal, State, and Local requirements.
(2) Economic Opportunities for Low- and Very Low - income Persons. The SUBRECIPIENT shall
ensure that employment and other economic opportunities generated by the Program shall, to the greatest
extent feasible, be directed to low- and very low- income persons, particularly those who are recipients of
government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12
U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority
over other Section 3 residents in accordance with § 576.405(c).
(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VT 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, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance of this contract,
the SUBRECIPIENT agrees to not discriminate against any employee or applicant for employment based
The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated
without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin,
marital status, familial status, and sexual orientation.
The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment
Opportunity, as amended by Executive Orders 11375 and 12086.
5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR part 5,
subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR
5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color,
creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status,
sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through
affirmative outreach, make known that use of the facilities, assistance, and services are available to all on
a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective
communication with persons with disabilities.
(6) Americans with Disabilities Act. The 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.
(7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to
affirmatively further fair housing. HUD requires the same of its funded sub- recipients. The
SUBRECIPIENT will have a duty to affirmatively further fair housing opportunities for classes protected
under the Fair Housing Act.
C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the
process of obtaining this award of the ESG Funds,
D. Drug Free Workplace
The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace
policy:
(1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance
is prohibited in the workplace for any employee involved in a federally funded program.
(2) As an employee working in conjunction with a federally funded prograin, the employees of the
SUBRECIPIENT will be required to:
a. Abide by the terms above in statement(1), and
b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of anN criminal
drug statute conviction for a violation occurring in the workplace. Such notification shall
be made no later than five (5) days after conviction.
(3) The CrrY and the United States Department of Housing and Urban Development will be notified
within ten days after receiving notice of any such violation.
(4) Within thim (30) days of receiving such notice, appropriate personnel action will be taken
against such employee, up to and including termination.
(5) Each such employee shall be required to participate satisfactorily in a di-u" abuse assistance or
0
against such employee, up to and including termination.
(5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or Local health, law
enforcement, or other appropriate agency.
E. Religious Organization
The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious
instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such
activities, the activities must be offered separately, in time or location, from said programs or services,
and participation must be voluntary for the program participants.
The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program
participant or prospective program participant on the basis of religion or religious belief.
If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State, and
Local governments, and may continue to carry out its mission, including the definition, practice, and
expression of its religious beliefs, provided that the religious organization does not use direct ESG funds
to support any inherently religious activities.
The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection
with said program must be in sound accord with the provisions under 24 CFR § 576.406.
F. Additional Terms between the CITY and HUD
The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in
the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as
HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the
execution of this AGREEMENT by the parties hereto.
G. 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.
H. Hatch Act
The 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.
I. Davis -Bacon Act
All laborers and mechanics employed by contractors or subcontractors in the performance of construction
work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal
funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as
determined in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any
such construction contract shall include and comply with the required contract provisions and rules set
forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance ") and basic
records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3).
No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there is on file with the agency a certification by the contractor that the contractor and its subcontractors
have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5
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may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as
provided in 29 C.F.R. §5.12. Labor standards interviews /investigations shall be made as necessary to
assure compliance. See 29 C.F.R. §5.6(a)(3).
VII. ADMINISTRATIVE REQUIREMENTS
A. Generallv
The requirements of 24 CFR part 84 apply to the SUBRECIPIENT, except that 24 CFR 84.23 and 84.53
do not apply, and program income is to be used as the non- federal share under 24 CFR 84.24(6). These
regulations include allowable costs and non - federal audit requirements. The following additional
requirements and standards must be complied with: OMB Circular A -122 "Cost Principles for Non -Profit
Organizations" or OMB Circular A -21 "Cost Principles for Educational Institutions ", as applicable; and,
OMB Circular A -133, "Audits of States, Local Governments and Non -Profit Organizations ".
B. Procurement
(1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies
concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all
non - expendable personal property as defined by such policy as may be procured with funds provided
herein. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income,
property, equipment, etc.), and upon the CITY'S request, such assets shall revert to the CITY upon
termination of this AGREEMENT.
(2) OMB Standards. Unless specified otherwise within this AGREEMENT, the SUBRECIPIENT
shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 -48
or 24 CFR 8536.
(3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT
shall be in compliance with the requirements of 24 CFR Part 84 or 85.
C. Reportin¢
Reporting requirements must conform to the policies and procedures as established by the CITY and 24
CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15`" day of October,
January, April, and July, as part of the Quarterly Report:
(1) Payment Request. An original invoice and true copies of invoices, receipts, agreements, or
other documentation supporting and evidencing how the ESG Funds have been expended
during the applicable quarter.
(2) Quarterly Activities and written cumulative (year -to -date) reports of activities, program
accomplishments, new program information, and up -to -date program statistics on
expenditures, caseload and activities. Failure to provide any of the required documentation
and reporting will cause the CITY to withhold all or a portion of a request for reimbursement
until such documentation and reporting has been received and approved by the CITY.
(3) Matching. Quarterly certification of match, plus documentation of match source.
(4) Any other such reports as the CITY (or HUD) shall reasonably require and /or request,
including but not limited to the following information: monthly records of all ethnic and
racial statistics of persons and families benefited by the SUBRECIPIENT in the performance
of its obligations under this AGREEMENT.
D. Record Keeping
11
Sufficient records must be established and maintained to enable the CITY and HUD to determine whether
the ESG requirements are being met. Record keeping requirements must conform to the policies and
procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs,
expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall
be maintained and kept available at the SUBRECIPIENT'S office or place of business for the duration of
the AGREEMENT and thereafter for five (5) years post- completion of an audit in conformity with the
ESG requirements, except as hereinafter provided relating to retention of any records or documentation
existing, created, or maintained in compliance with Lead -based Paint regulations, which likely require
longer retention as outlined below. Records which relate to (a) complaints, claims, administrative
proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses
of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be
retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation
claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or
the periods specified in 24 CFR 576.500(y). All records relating to, or created or maintained in
compliance with, the Lead -Based Paint regulations shall be retained and maintained by the
SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure
statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods
may be substituted for the original records. The CITY and HUD shall have the right to access all the
SUBRECIPIENT records for as long as the records are retained by the SUBRECIPIENT. In the event the
SUBRECIPIENT does not make the above - referenced documents available within the City of Santa Ana,
California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY
in conducting any audit at the location where said records and books of account are maintained.
The SUBRECIPIENT agrees to meet requirements as set forth in 24 CFR § 576.500
E . Homeless Management Information Svstems (HMIS)
(1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities
assisted under ESG are entered into the applicable community -wide HMIS in the area in which those
persons and activities are located, or with the express knowledge and written consent of the CITY, a
comparable database, in accordance with HUD's standards on participation, data collection, and reporting
under a local HMIS.
(2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the
HMIS lead agency to participate in the regionally HMIS system. A copy of the SUBRECIPIENTS
agreement with the HMIS lead agency shall be attached to this agreement as Exhibit D. In the case of
Domestic Violence service providers or other agencies prohibited from entering data into HMIS,
documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable
database shall be attached to this agreement as Exhibit D.
(3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an
Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to
share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded
programs, unless prohibited by law. A copy of such agreement shall be attached as Exhibit E.
F. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIENT receives Five Hundred Thousand Dollars
($500,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a
certified public accountant in accordance with the standards as set forth and published by the United States
Office of Management and Budget in the Single Audit Act Amendments of 1996, OMB Circular A -133,
and the OMB Circular Compliance Supplement and Government Auditing Standards. The
SUBRECIPIENT shall provide the CITY with a copy of said audit by October 1 of the year following the
program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and /or
12
cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations
as further detailed below.
VIIL EVALUATION AND MONITORING
A. Generally
The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards
as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as
required by the CITY in the administration and review of the Program. Substandard performance as
determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such
substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the CITY, contract suspension or termination procedures will be initiated.
B. Access to Records
The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and
the right to examine all records, books, papers, items, emails, and documents, both physical and
electronic, relating to the program.
C. Audit
The CITY shall have the right to audit and monitor any program income as a result of an ESG activity.
Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files,
records, and documents pertaining to related activities and clientele demographic data.
IX. LIABILITY
A. Gencrally
Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or
negligent omissions by or through itself, its employees, agents, and subcontractors. Each party further
agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent
acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one
to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or
omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to
be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be
construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter
arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity
where sovereign immunity applies.
B. CITY not Liable for Funds
The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass - through
grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT
with any funds other than the ESG Funds the CITY receives from HUD.
C. Hold Harmless
The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents,
employees, representatives, volunteers, and student externs from and against any and all damages to
property or injuries to or death of any person or persons, including property and employees or agents of
the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents, employees,
representatives, volunteers, and student externs from and against any and all claims, demands, suits,
actions or proceedings of any kind or nature, including, but not by way of limitation, workers
compensation claims and attorney fees /expenses for litigation or settlement, resulting from or arising out
13
of the negligent or wrongful acts, errors or omissions of the SUBRECIPIENT, its officers, directors,
employees, agents, subcontractors, and suppliers arising out of the SUBRECIPIENT's performance of this
AGREEMENT.
X. ENVIRONMENTAL CONDITIONS
A. Generallv
ESG activities are subject to environmental review by HUD under the environmental regulations in 24
CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate,
convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit
or expend HUD or local funds for eligible activities under this part, until HUD has performed an
environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property.
The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they
apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the
Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the
SUBRECIPIENT also shall comply with the Historic Preservation requirements of National Historic
Preservation Act of 1966.
B. Lead -based paint remediation and disclosure
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead -Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations in 24 CFR
part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing
occupied by program participants.
C. Assignment of Responsibilities
By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all
responsibilities set forth in Subpart K of 24 CFR 35.
D. Compliance with Subpart K
The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based paint
( "LBP ") hazards in a residential property that receives Federal assistance under certain HUD programs
for acquisition, leasing, support services, or operation. In connection with the grant funds under this
AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance
with all applicable subparts of 24 CFR 35, and especially, Subpart K.
The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas
servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located:
(1) A visual assessment of all painted surfaces in order to identify deteriorated paint;
(2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§
35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied,
immediately after receipt of Federal assistance; and
(3) Ongoing lead -based paint maintenance activities into regular building operations, in accordance
with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a
Federal housing assistance program, except that mortgage insurance or loan guarantees are
not considered to constitute an active programmatic relationship for the purposes of this part.
(4) And, notice to occupants in accordance with §§ 35.125(6)(1) and (c), describing the results of the
clearance examination.
14
E. Notification and Attachments
The SUBRECIPIENT shall provide to all occupants of housing:
(1) In accordance with Section 35.130 of the LBP Regs, the LBP hazard information
pamphlet. The pamphlet shall be the EPA /HUD /Consumer Product Safety Commission lead
hazard information pamphlet or an EPA - approved equivalent.
The current form and version of the pamphlet can be found at:
http://www.santa-ana.org/cda/documents/ESGattachmentl-5.pdf
as referenced on Attachment No. 1 to this AGREEMENT.
(2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge
regarding the presence of LBP and LBP hazards prior leasing a housing unit.
The current form and version of such notice is attached as Attachment No. 2 to this
AGREEMENT.
(3) And, in accordance with 24 CFR 35, Subpart A, notification in writing of the results of
the presumption of LBP and /or LBP hazards, and results of any lead hazard evaluation, and any
lead hazard reduction work.
The current form and version of such notice is attached as Attachment No. 3 to this
AGREEMENT.
F. LBP Information Summary
For purposes of information only and in no respect intended to be a representation or warranty of the
provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating
to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services
and /or funding from the SUBRECIPIENT under this AGREEMENT. Attachment No. 4 to this
AGREEMENT, attached and hereby fully incorporated by this reference, is such information summary.
The CITY staff will cooperate with and make themselves available to the SUBRECIPIENT to assist in
implementation of compliance with the LBP REGS as to residential dwelling units to be assisted by the
SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or responsible for the
accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and
implementing guidance published and provided by HUD relating to compliance with such LBP
Regulations.
G. Exemptions
Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint
requirements do not apply to housing assistance (such as for homeless persons) if the assistance lasts less
than 100 days.
XI. CONFLICTS OF INTEREST
The SUBRECIPIENT shall comply with 24 CFR § 84.42 with respect to the use of program funds to
procure services, equipment, supplies, or other property. With respect to all other decisions involving the
use of program funds, the following restriction shall apply: No person who is an employee, agent,
consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has
exercised any functions or responsibilities with respect to assisted activities, or who is in a position to
participate in a decision making process or gain inside information with regard to such activities, may
obtain a personal or financial interest or benefit from the activity, or have an interest in any contract,
15
subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself,
or for those with who he or she has family or business ties, during his or her tenure or for one year
thereafter.
The SUBRECIPIENT agrees to abide by the ESG Program's Conflict of Interest provisions as expressly
detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of
Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to
the SUBRECIPIENT under this section.
XII. ASSIGNABILITY
None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall
be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the
CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this
AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of
the SUBRECIPIENT pursuant to this AGREEMENT.
XTII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of the CITY's ESG Funds by the SUBRECIPIENT and contains all
the covenants and agreements between the parties with respect to such ESG Funds in any manner
whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein, and that no other agreement or amendment hereto shall be
effective unless executed in writing and signed by both the CITY and the SUBRECIPIENT.
XIV. AMENDMENTS OR MODIFICATIONS
The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program 'funds for any
activity or purpose not included or not in conformance with the budget as apportioned and as submitted to
the CITY unless:
(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such
actions, or
(2) Budget changes may be made among approved program activities and among approved budget
categories so long as the specific project activity has been approved, there is no change to the
total grant amount, and the changes to the budget are documented.
Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days
prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be
binding by either party unless in writing and signed by both parties.
In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall
be notified in writing and such notification shall constitute an official amendment.
The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this
AGREEMENT to conform with changes in Federal, State, and /or the CITY laws, regulations, guidelines,
directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this
AGREEMENT.
XV. VIOLATION OF TERMS AND CONDITIONS
A. Termination
oil
If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of
this AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the
SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a State plan or
application, a notice of award, or elsewhere. the CITY may terminate or suspend this AGREEMENT in
accordance with 24 CFR 85.43 and in accordance with 24 CFR 85.44 by giving written notice, and the
CITY may request in writing that all or some of the grant funds be returned even if the SUBRECIPIENT
has expended the funds.
If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the
SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all
amounts spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or
justify expenditure of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained and/or spent under fraudulent circumstances, and the CITY
reserves the right to take other remedies that may be legally available.
The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty
(30) days of receipt of the written request.
Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing
and mailed to the CITY pursuant to the above NOTICES section.
XVI. CLOSE -OUT
The SUBRECIPIENT's obligation to the 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 this AGREEMENT, and
documentation; disposing of program assets (including the return to the CITY of all unused materials and
equipment); remitting any receivable accounts to the CITY and determining the custodianship of records.
The SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the
term, including but not limited to obligations with respect to indemnification, audits, reporting, data
retention /reporting, and accounting.
XVII. VALIDITY AND SEVERABILITY
The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the
validity of any other provision of this AGREEMENT. Whenever possible, each provision of this
AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but
if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the
remainder of such provisions of this AGREEMENT.
XVII1. 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.
None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall
be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the
CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT
pursuant to this AGREEMENT.
XIX. WAIVER
No delay or omission by the CITY hereto to exercise any right or power accruing upon any
noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT
shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the
17
parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be
construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or
agreement herein contained.
XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS
All of the attachments and exhibits attached to this agreement are deemed incorporated by reference. This
document shall be executed in three (3) counterparts, each of which shall be deemed to be an original.
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind
their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including
reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such authority or power
is not, in fact, held by the signatory or is withdrawn.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first
above written.
ATTEST:
-101 0 • kl-, .
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
By: LISA E. STORCK
Assistant City Attorney
DATED:
CITY OF NTA ANA
a municipf�ation
KEVFt, J'ROURKE
Interim City Manager
SUBRECIPIENT:
I/ &Mka(�� -
Name: Connie J. Jone
Title: Excutive Director
Tax ID: 95- 33125805
EEI
City of Santa Ana
Scope of Work
Name of Organization Southwest Minority Economic Development Association
Name of Funded Program Emergency Servics
Annual Accomplishment Goal
I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the
funded pro ram, named above, during the 12 -month contract period.
65 Households
Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12 -month
contract period.
291 Households
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period.
What specific activities will be undertaken during the contract period. Please be concise in your response. Only the
viewable space will print.
The Case Manager will assist the Emergency Services Program will the intial intake and assesment of what the
clients needs are in assisting them with rental assistence and or utility assistance. Our case manager will do the
intake and the data entry of information for reporting purposes. She will them provide the Supervisor with the case
file so that they can determine the best type of assistance for the client with case management details after
services have been rendered.
The client will be offered services such as food, clothing, and strongly recommened that they participate in our
financial literacy program. Part of the process is for them to call first to determine if they qualify for the program,
then they will provide us with specific documentation to validate their need and and help us with after care service
for them and their household.After all information has been deemed valid assistance is given.All financial
assistance is written to the vendor and and mailed to the location in which vendor has requested . Our process
take on average 48 to 72 hours to make sure no fraud is going on and duplication of services is done.
We will do follow up at 3,6 and 12 months We try to make sure that the client avail themselves of the other
services that we offer as well as well as any other of our collaborative partners that might assistence them in order
to help them to become more stable and possibly not fall into a crisis mode to often.
In the past we have been able to assist clients at various times of the year because of their participation in the
Case Mannagement part of the program such as Holiday Activties and parties for children .
Schedule of Performance
Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12 -month
contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in
quarter 1 do not count them again in quarter 2)
Quarter 1: July 1 -September 30 F129 Households
Quarter 2: October 1 - December 31 Households
Quarter 3: January 1 - March 31 Households
Quarter 4: April 1 -June 30 Households
Total unduplicated Santa Ana Households to be served.
Schedule of Invoicing
Estimate the amount of qrant funds to be requested during the 12 -month contract period on a quarterly basis.
Quarter 1:
July 1 - September 30
Quarter 2:
October 1 - December 31
Quarter 3:
January 1 - March 31
Quarter 4:
April 1 -June 30
W22200.00
Total Grant
Exhibit A
Page 1 of 1
Organization Name
Program Name
Final Budget
Minoritv Economic Development Asociation
Fxnenditures
Cate o
Expenses Funded by
Santa Ana
Expenses Funded
bv Other Sources
Total Program
Budget
$
Housing Relocation and Stabilization Services
Trinity Presbyterian
$
Financial Assistance
Foundation Grants
$
20,000
Martfam Foundation
Application Fee
Rent Deposit
8,500
$
$
Rent
Utility Deposit
$
Total Funds for the Program
Utility
Moving Costs
$ 2,000
$ 2,000
$ -
Service Assistance
Hsg Search & Placement
$
Case Management
$ 6,500
$ 20,200
$ 26,700
Mediation
$
Legal
$
Credit Repair
$
Rental Assistance
Rent $ 13,000 $ 14,200
$ 27,200
-HMIS
$ 500
$ 500
$ 1,000
transportation
$ 200
$ 200
$ 400
food
$ 6,000
$ 6,000
Total ---+$
22,200
$ 41,100
$ 63,300
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana
$
22,200
Second Baptist Church
$
4,600
Trinity Presbyterian
$
8,000
Foundation Grants
$
20,000
Martfam Foundation
$
8,500
Total Funds for the Program
$
63,300
Exhibit B
Page 1 of 1
Name of Organization:
Name of Program
Funded Personnel
Southwest Minority Economic Development Association
Position Title
(onl) list funded positions)
Budget
Category
Annual
Salary
Annual
Benefits
Total I
Compensation
Funds
Requested for
this position
Percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Compensation
Case Manager
Case Memt
$ 30.000
$ 2.000
$ 32,000
$ 6.000
40%
$ 11800.00
Outreach Worker
Enga ement
$ 25.000
$ 1000
$ 27.000
$ 5A00
20%
$ 5.400.00
$
$
$
$
Total Amount Re uested
$ -
Total Amount Requested
$ 11.400
PROCo A M STAFF
v Position Title
(only list funded positions)
Budget
Category
Annual
Salary
Annual
Benefits
Total
Compensation
Funds
Requested for
this position
Percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Compensation
Case Manager
intake/ manage
$ 26.700
S 26.700
$ 6,500
40%
$ 10,680.00
$
$
$
$
Total Amount Re uested
$ -
Total Amount Requested
S 6.500
ACTUAL /PROFESSIONA I, SFRVICFS
Type of Service
(only list funded services)
Budget
Category
Annual Contract Amount
Total
Compensation
Funds
Requested for
this position
Percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Com ensation
$
$
$
$
Total Amount Re uested
$ -
Exhibit B -1
Page 1 of I
0} —�81— 1� 15:26 FF1UP1— riLL -I -� L IIdS AGENCY 1Fl -7 4 6158 _= G19�1FJ]''0LiLl n
q� & _ CERTIFICATE OF LIABILITY INSURANCE � 4/ IM,D_ryrYl
4 /flr�(713
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY '(HE POLICIES
POW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBRO( ATION IS WAIVED, subject to
the terms and conditions of the policy, certain poliolas may requite an endorsement. A statement on this certifica does not confer right, to the
certificate holder in lieu of such ondorsement(s).
PRODUCER NAME:
All -Cal Insurance Agency PHONE
505 Vernon Street
Roseville CA J95678 - INsuRERA;
INSURED w � INSURER8:
Southwest Minority Economic Davelpoment Assoc. INSURER C:
DHA: Southwest Community Center INSURER D:
1601 West 2nd Street INSURER E:
Santa Ana CA 92703 INSURER F:
York
Rom
of CA
oCVIQIrTM MI IMRFw.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED / BOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO Whit CH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - -__
7R
-� TYPEOFINSURANCE
D L
POLICY NUMBER
M IUD EW
MMrDftIYYYY
LIMITB
-
GENERAL LIABILITY
X COMMERCIAL GENERAL UA81L ITV
EACHOCCUIR�EN F
$ 1,000,000
PREMISES b occ n' ual _.
?._. 500, 000
MEDFXPA+roarni
('
PERSONAL ArAINJURY
$ 201000
A
GLA816MADE- � OCCUR
X
2013 -02912
/25/2013
/25/2014
5 1 000,000
GENERAL A:GREGATE
2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER
PRODUCTS COMP /OPAQG
5 2,000,000
PROFESSIO ,AL LIAEILIrV
'
BINED IN L LIMIT tffLciMnll _____
S 1,000,000
_$_ 1.000i�00
_x1 POLICY PRO F LOC
AUTOMOBILE LIABILITY
BODILY INJI RY(Per pe,jan)
ANY AUTO
ALL OWNED SCHEOULEO
AUTOS NO AWNED
HIREDAUTOS AUTOS
2013 -02312
/25/2013
/25/2014
$
BGDILV INJI �Y (Par acutlmn)
3
PROPERTY !
Parcoeev'
S
S
UMBRELLA LIAM
OCCUR
EACH OCCI +RENLE
S
EXCESS LIAB
CLAIMS MADE
AGGREGAT
DOD RETENTIO $
WORI(ERSCOMPENSATION
4
$
X `IT OTH-
E.L. EACHA_'GIDENT
8 11000,000
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIVXeCUfIVE YIN
CI
E.L SEAS _EAEtd PLOYE
11000,000
OFFICCWEM RAEMBER [EXCLUDED?
(M.d.Wq JA NH)
N/A
WC 2013 0000 3364
3/26/2013
/26/2014
E.L. DISEAS -POLICY UR+IT
_5 _.__ _
$ _1 000 000
T yy36tl65Cr1ilO U1&r
DESCRIPTION OF OPERATIONS IxIow
_
C
EMPLOYEE DISHONESTY
CR80000295 -11
/25/2013
/25/2014
LIMITS 25,000
FORGERY /ALTERATION
MOW ML - -s 1 , 000
��-
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ARalh ACORD 101, AddlOOnal Remarks Senedulo, R Mora opaee Ie requlmd)
THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND vOLUNTEERS ARE NAMED ADDITIONAL
INSURED AS A FUNDING SOURCE, PRIMARY WORDING, SEVERABLLITY OF INTEREST, AND FORM CG 20 26 APPLIES.
APPROVED AS TO FORM
(714)647 -6549
CITY OF SANTA ANA
ATTN: - FRANK HERNANDEZ' -
20 CIVIC CENTER PLAZA, M -25
PO BOX 1988
SANTA ANA, CA 92702
ACORD 26 (2010105)
INS026 (201U05)01
SHOULD ANY OF THEfiN SERl�ED' POLrICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, N')TICE WILL SE DELPIERED IN
ACCORDANCE WITH THE POLICY PROVISI )NS.
AUTHORIZED REPRESENTATIVE
The ACORD name and logo are registered
All rights reserved.
FROG]- ALL -CAL INS AGENCY 916 '4 -�115C FL1CG: U[tfi F -E`.'
POLICY NUMBER: 2013 -02312 COMMERCI tL GENERAL LIABILITY
0 CG 26 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT 1 'AREFULLY.
•
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the followh g:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCfiEb'[7LE
Name Of Additional Insured Person(g) Or Organization(s) j
Any person or organization that you are required to add as an additional insured on this policy, t: tder a written
contract or agreement currently in effect, or becoming effective during the term of this policy. T'1 a additional
insured stains will not be afforded with respect to liability arising out of or related to your activil es as a real
estate manager for that person or organization,
CITY OF SANTA ANA, ITS OFFICERS, AGENTS,
OFFICIALS, FWL.OYEES, AND VOLUNTEERS
Information required to complete this Schedule, if not shown above, will be shown in the Declar tions. I
THIS INSURANCE IS PRIMARY AND NON - CONTRIBUTORY, BUT ONLY TO '1111i EXTENT' OF LIABILIT' RESULTING FROM
OCCURRENCES ARISING OUT OP THE NEGLIGENCE OF SOUTHWEST MINORITY ECONOMIC DF.VEL( PMENT ASSOCIATION,
ANb/OR ITS WHOLLY OWNED SUBSIDIARIES.
'Clip POLICY TO WHICH THIS ENDORSEMENT IS A'TTACIIED SHALL. APPLY SEPARATELY TO EACH 0 SURED AGAINST WHOM A
CLAIM IS BROUGHT, EXCEPT WITH RESPECT TO THE LIMITS OF'I'HE COMPANY'S LIABILITY.
Section II = Who Is An Insured is amended to included as an additional insured the person i) or organization(s)
shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage' or "personal and
advertising injury" caused, in whole or in pail, by your acts or omissions or the acts or omissio is of those acting on your
behalf:
A. In the performance of your ongoing operations; or
R. In connection with your premises owned by or rented to you.
AppgOVED
Ag TO FC)pi�i
LISA E. ORCK
Assistant City Attorney
CG 20 26 07 .04 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1