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HomeMy WebLinkAboutSANTA ANA POLICE DEPARTMENT (4) -2014INSURANCE NOT REQUIRED ly WORK MAY PROCEED A -2014- 088 -021 C(� CLERK OF COUNCIL J 9 -1 J/ y EMERGENCY SOLUTIONS GRANT It` ( �'��jj MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SANTA ANA AND SANTA ANA POLICE DEPARTMENT U THIS ESG MEMORANDUM OF UNDERSTANDING ( "MOU ") is made as of the 1st ° day of July, 2014, by and between the City of Santa Ana, a charter city and municipal corporation ( "City ") and the Santa Ana Police Department ( "Subrecipient "). RECITALS A. 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. B. Subrecipient is an entity of City and is engaged in administration of City's overall ESG program and seeks to provide the services described in Exhibit A (Scope of Work) in accordance with the schedule of performance included therein, hereinafter referred to as "said Program ". Subrecipient represents that it is qualified and willing to operate said Program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the ESG program's National Objectives (24 CFR Part 570.208). C. Subrecipient represents that it has expertise and experience in the provision of emergency shelter programs for the homeless and is willing to use said federal funds to operate said program. D. Subrecipient agrees to assist homeless individuals and families in obtaining: appropriate supportive services including, but not limited to, temporary and permanent housing, medical health treatment, 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. E. Subrecipient agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit B. Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to Subrecipient pursuant to this Agreement. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. Subrecipient's Services. A. Statement of the Work. Subrecipient shall utilize City's ESG funds to provide for its administration of City's overall ESG program and support of its Program as described in Exhibit A. B. Standard of Care. As a material inducement to City to enter into this MOU, Subrecipient hereby represents and warrants that it has the experience necessary to undertake the services to be provided as set forth in Exhibit A. C. Compliance with Laws /Program Income. Subrecipient acknowledges that the funds being provided by City for said program are received by City pursuant to applicable ESG guidelines and that expenditures of these funds shall be in accordance with the ESG guidelines and all pertinent regulations issued by agencies of the federal government. Subrecipient agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement, and all Program Requirements. Program income received by Subrecipient shall be returned to City unless otherwise provided for in this Agreement. Subrecipient agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. D. Performance Monitoring. City shall monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated. 2. Term of MOU. Subrecipient shall provide its services under this MOU for a 12 month period commencing on July 1, 2014 through June 30, 2015. 3. Budget. Subrecipient agrees to complete said Program on or before June 30, 2015 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. 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. No budgetary changes shall occur without City's prior approval. Subrecipient hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. 4. Compensation. Amount of Grant; Quarterly Disbursement and Match Funds. The amount granted to Subrecipient is $40,507.00 ( "ESG FUNDS "), and such funds shall be expended by Subrecipient on or before June 30, 2015. The ESG FUNDS shall be disbursed by City to Subrecipient on a quarterly basis, subject to and upon receipt and approval of a complete quarterly activity report, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. Subrecipient shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to 2 obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. In accordance with 42 USC 11375(a), Subrecipient agrees to match all federal funds provided by City to Subrecipient with an equal amount of funds from sources other than these or other ESG funds. Subrecipient cannot use ESG funds from other jurisdictions in order to meet this match requirement. Match documentation showing new, previously unused match dollars, must be provided with each quarterly report. 5. Program Evaluation and Review /Common Rule. Subrecipient shall make performance, financial and all other records pertaining to this MOU available to all City and HUD personnel. City and HUD personnel may inspect and monitor Subrecipient's facilities and program operations, including the interview of Subrecipient's staff and program participants. Subrecipient agrees to submit to City or HUD all data necessary to complete the Annual Grantee Performance Report in accordance with HUD requirements and in the format and at the time designated by City or HUD Project Directors or their designees. Pursuant to CFR 85.40(a), the City manages the day -to -day operations of each grant and subgrant supported activities. City staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. 6. Non - Discrimination and Equal Employment Opportunity. In the performance of this MOU, Subrecipient shall not discriminate against any employee, subcontractor or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. 7. Record Keeping/Reporting. Subrecipient shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under the ESG Regulations, including the following: (1) Records a. Documentation evidencing income level of persons and /or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and /or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race /ethnicity, age of children, seniors, income verification. d. Documentation of homelessness pursuant to 42 U.S.C. 11374(a)(4) and 24 CFR 576.21. 3 e. Documentation of all ESG FUNDS received from CITY. f Documentation of expenses as identified in the Budget, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which ESG FUNDS were expended, and payment therefor. g. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the ESG REGS. (2) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, Subrecipient shall submit both: an original invoice and true copies of invoices, receipts, agreements, copies of any and all contracts or documents pertaining to costs for subcontractors or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. b. Quarterly Activity Report: Subrecipient agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by Subrecipient in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year -to -date program statistics on expenditures, caseload and activities. c. Quarterly certification of match, plus documentation of match source. d. Any such other reports as 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 Subrecipient in the performance of its obligations under this Agreement, including, but not limited to, the activities, program accomplishments, new program information, match fund certification and current program statistics on expenditures, caseload and activities. When appropriate, pictures /slides should be included. 8. Conditions On Provisions Of Development And Implementing Homeless Prevention Activities In addition to, and not in substitution for, other provisions of this Agreement regarding said program using federal funds, SUBRECIPIENT: 4 A. Represents that it is, or may be deemed to be, a Homeless Prevention Program [24 CFR 576.21(a)(4)] and will implement homeless prevention activities subject to the limitations in 42 USC 11374(a)(4); Agrees that, in connection with said program, if ESG funds are to be used to assist families that have received eviction notices or notices of termination of utility services, the following conditions will be met: 1. The inability of the family to make the required payments must be the result of a sudden reduction in income; 2. The assistance must be necessary to avoid eviction of the family or termination of services to the family; 3. There must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and 4. The assistance must not supplant funding for preexisting homeless prevention activities from any other source. 5 9. Revenue Disclosure Requirement. Subrecipient shall make available all books and records pertaining to each project or business activity that is funded by ESG Funds under this MOU for inspection and audit by HUD's representatives, upon request, at any time during the term of this MOU and during a period of 5 years thereafter. All such books and records shall be maintained by Subrecipient at a location in Orange County. Failure of Subrecipient to comply with the requirements of this section shall constitute a material breach for which City may terminate or suspend this MOU. 10. Audit Report Requirements. Subrecipient agrees that if Subrecipient expends Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, 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. Subrecipient shall provide City with a copy of said audit by October I of the year following the program year in which this Agreement is executed. 11. Termination. This Agreement may be terminated in accordance with Federal Register 24 CFR Part 576 as follows: (a) on thirty (30) days' written notice by either party; (b) upon five (5) days' written notice for violation of Federal Laws governing the use of ESG Funds by Subrecipient; (c) terminated for convenience; and (d) terminated due to the non - performance of Subrecipient and/or failure of Subrecipent to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. In the event of any such termination, Subrecipient shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination and any and all funds not used must be returned to City. 12. Homeless Involvement. 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 [24 CFR 576.56(b); 42 USC 11375(d)]. 13. Exhibits. All documents referenced as exhibits in this MOU are hereby incorporated in this MOU, including Exhibits A and B. 14. Entire Agreement. This MOU, and all other documents incorporated herein by specific reference, represent the entire and integrated agreement between City and Subrecipient. This MOU supersedes all prior oral or written negotiations, representations or agreements. This MOU may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties that expressly refers to this MOU. .3 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first written above. ATTEST: By: v lGf A rD- /A/1 Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: C. Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager Santa Ana lice By: Carlos Rcja Chief of Police Name of Organization Name of Funded Program City of Santa Ana Scope of Work Santa Ana Police Department H.E,A.R.T. Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12 -month contract period. 100 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12 -month contract period. 100 Persons 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 Santa Ana Police Department recognizes that criminalization of homeless individuals is not the solution to this ever- growing problem. While enforcement is definitely needed to maintain public safety, cleanliness and order in the Civic Center and surrounding area, it must be coupled with alternatives that prevent the homeless person from having continuous contact with the police. Taking from HUD's Continuum of Care philosophy, the Santa Ana Police Department (specifically the Civic Center Detail) seeks to create a program that identifies and determines individual needs, partners with entities that provide assistance to the homeless population, and then unites the two, thereby providing a viable option for the homeless. This program sets its sight on self - sufficiency for those desiring to escape homelessness. The Santa Ana Police Department's Homeless Evaluation /Assessment Response Team (HEART) works to achieve the goal of establishing a program that provides long -term solutions beyond the short -term solutions offered through enforcement of laws and ordinances. This is accomplished by: • Identification of the homeless and understanding individual needs. • Identifying entities that can provide resources. • Creating partnerships and providing referrals. • Program maintenance and management. The Civic Center Detail implements this program several ways: the officers provide service to this area seven days a week; the officers have been trained to treat each person with the respect and dignity they deserve and, as such, have built a good rapport within the Civic Center; the officers have the opportunity to contact the non - profit organizations that currently provide services to J6uBCdP Etw D"Drmance 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 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 25 Persons 25 Persons 25 Persons 25 Persons 100 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 $10,126.75 $10;126.75 $10,126.75 $10,126.75 $ 40,507.00 12 -month contract period on a quarterly basis. Total Grant Exhibit A Page 1 of 1 Organization Name Program Name Final Budget Santa Ana Police H. E. A. R.T. F Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Total Organizational Engagement Outreach $ 40,507 $ 40,507 Case Management Emergency Health Svc. Emergency Mental Svc. Transportation Other HMIS Data Clerk $ Total $ 40,507 $ $ 40,507 $ LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) HIIIUUm I Total Funds for the Proaram I $ 40,507 Page 1 of 1 Name of Organization: Name of Program PROGRAM STAFF Funded Personnel Santa Ana Police H.E.A.R.T.I 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 Com ensation Police Corporal Engagement $ 75,733 $ 44,802 $ 120,535 $ 5,787 100% $ 120 535.00 6 Police Offers Engagement $ 454,398 $ 268,812 $ 723,210 $ 34,720 100% $ 723,210.00 $ $ $ $ $ $ Total Amount Requested $ - Total Amount Requested $ 40,507 CONTRACTUAL /PROFESSIONAL SERVICES 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 Compensation $ $ $ $ Total Amount Requested $ - Exbibit B -1 Page 1 of 1