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Home My WebLink AboutTHOMAS HOUSE (7) - 2014lNSilRANG „ -. A- 2014 - 088 -019 WORK AIAY pFiOGEED EMERGENCY SOLUTIONS GRANT UNiIL1NSUFIANGE.�xPt SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA GLCRY, OF COUNC is `9 Q AND DATE; 1� 1 THOMAS HOUSE FHIS AGREEMENT, is hereby made and entered into this 1st day of July, 2014, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein called the "CITY" and Thomas House, a California nonprofit organization, herein called the "SUBRECIPIENT ", t 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. 5. The SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed $13,888 in grant funding. 6. This AGREEMENT is contingent upon the award of Emergency Solutions Grant funds flour the United States Department of Housing and Urban Development. 7. 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. II. III. 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. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2014, and shall terminate on June 30, 2015, unless otherwise cancelled or modified according to the terms of this AGREEMENT. DISBURSEMENT AND FUNDS A. Amount and Expenditure End Date The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed $13,888.00 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, 2015. B. Invoicing Procedures The SUBRECIPIENT shall submit quarterly April, and July) in a form prescribed by th e modified with the approval of the CITY. C. Payment invoices (on or before the 15'" day of October, January, CITY, detailing such expenses. Such schedule may be 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 (30) 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 SUBRECIP ENT 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 funds are provided. E. Condition of Fundine (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 funding 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. Matchin¢ 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 (1) 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. I. Expenditure of Funds Much like 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 funds 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. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use 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 funds 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: V. CITY: Terri Eggers Sr. Comm'y Development 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 -5378 (714) 647 -6549 GENERAL CONDITIONS A. Coordination with Continuum of Care SUBRECIPIENT: Cyndee Albertson Executive Director Thomas House P.O. Box 2737 Garden Grove, CA 92843 714 -554 -0357 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. Evaluation 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. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT 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. I. Responsibilities Toward Employee 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 pursuant to 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 Damage coverage. 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 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 coverage 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, after notice to the SUBRECIPIENT, suspend the program for cause until there is fall compliance. K. Zoning. The SUBRECIPIENT agrees that any facility /properly 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 fiords 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 Reeulations (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 VI 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 under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. 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 has 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 program, 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 any 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 CITY 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 thirty (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 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 cant' 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.P.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 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). 10 VII. ADMINISTRATIVE REQUIREMENTS A. Generally 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(b). 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 85.36. (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. Reporting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CPR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement 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 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 II 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 the requirements set forth in 24 CFR § 576.500. E. Homeless Management Information Systems (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 I -)MIS. (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 expends 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 April I of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead -Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generally 12 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. Generally 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 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. Generally 13 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 that were built before 1978. 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 ( "LBP Regs "). 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(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard 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. 14 The current form and version of the pamphlet can be found at: http://www.santa-ana,org/cda/documents/ESGattachmentl-5,pdf (2) In accordance with 24 CFI. 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) hi accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and /or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. 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. CITY staff will cooperate with and be 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 sunmiary, 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. Exemp t ions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. XL 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, 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 (1) 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. XIL ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPI;FNT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of the CPFY. 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 SLTBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT ku 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 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. 16 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. XVIII. 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. 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 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 may 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. 17 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA a �syuni corporati DAVID CAVAZOS City Manager SUBRECIPIENT: Cynd y Albertson Execu 9ve Director Tax ID: 33- 0204757 1U Thomas House: Scope of Service for Santa Ana ESG Grant Thomas House was founded in 1986 with the mission to provide a safe, supportive environment and the resources necessary for homeless families with children to remain together while empowering them to become independent and self- sufficient. Our programs are goal- oriented and life- changing, helping families break the cycle of generational poverty or overcome situational homelessness by enhancing resiliency and providing ongoing support. Our model of providing the tools families need to obtain permanent housing and maintain their self- sufficiency long -term has made us one of the most successful shelters in Orange County. Need in Orange County The local economy has seen some recent improvements, including a welcome drop in the unemployment rate to 5.8% in January 2014 (EDD). However, the hourly wage a resident needs to afford "Fair Market Rent' for a one - bedroom apartment stands at $24.88 (2013 Community Indicators Report), more than three times the income that a minimum -wage earner can produce. The long -term recession and foreclosure crisis exacerbated what was already a difficult housing market for low- income residents, and evictions have remained high in recent years. According to the OC Fair Housing Council, there were over 14,000 evictions countywide in 2011- 12. Due to these and other factors, many families have lost their homes and are living in shelters, cars, parks, and motels while struggling to meet expenses for food, transportation, healthcare, and childcare. The Thomas House Solution Thomas House is committed to the empowerment of extremely low- income homeless and at -risk families with children. We are located in the Buena Clinton Project Area of Garden Grove, a historically "tough" neighborhood bordering Santa Ana. While many of the families we serve come to us from this and surrounding low- income neighborhoods in Garden Grove, Santa Ana, and Anaheim, our programs are available to families throughout Orange County. Our goal is to develop a full continuum of care: preventing homelessness, helping homeless families achieve and maintain permanent housing, rapidly re- housing families in need of minimal support, and eventually providing affordable housing for program graduates and other low income families. We believe that by surrounding families with supportive services, we can ensure that they regain their self- sufficiency and obtain permanent housing. Our year -round services include the following: TRANSITIONAL SHELTER AND SUPPORTIVE SERVICES: Each year, our Transitional Shelter helps 35 -45 homeless families with children (approx. 150 individuals) from Garden Grove and surrounding cities, providing 6 -9 months of rent -free shelter, a fully stocked kitchen, basic housekeeping and hygiene supplies, linens, and clothing. During their residency, families are required to save a minimum of 80% of their income after necessary expenses in order to help them build savings, learn life skills, and become debt -free. They work with a Case Manager to identify core issues that led to homelessness, create individualized care plans, and set achievable goals. Thomas House places special emphasis on helping our young residents succeed in school and build self- esteem through our Children's Program. We also subsidize the cost of childcare for parents who are working or seeking employment. At our Workforce Development Center, residents address barriers to employment, including lack of job skills, education, or work history. Beyond this support, Thomas House also provides counseling, life skills development, and resource assistance to help remove common barriers to attaining self- sufficiency. Once a family is able to sustain itself, Thomas House helps them obtain permanent housing by providing guidance and financial assistance with the first month's rent or security deposit. All former residents can continue to receive Thomas House services, decreasing the likelihood of their returning to homelessness. As a result of their participation in our program, we expect the following outcomes for our families: • 90% of adults will attain an increased level of employment. • 90% of families will obtain permanent housing. • 80% of families will remain self- sufficient, as evidenced by staying in permanent housing for one year after graduation from Thomas House. • 90% of families will save the equivalent of 2 months' rent /mortgage within 24 months. Program Impact The goal of Thomas House is to help families work toward self- sufficiency and prevent their return to homelessness, and we maintain a commitment to excellence across our service lines. Our core programs have surpassed expectations for government- sponsored housing programs in helping residents achieve these goals. Last year, 81% of adult residents attained full -time employment, and 89% obtained permanent housing! These remarkable results ranked us as the most successful transitional shelter in Orange County in HUD's latest Annual Performance Report. As the only shelter in Garden Grove, Thomas House has an established presence in the city, and relationships with city departments and other community organizations. We increase our impact by working with many local partners, including Orange County shelters, Garden Grove stakeholders, and nonprofit service providers. We know that the services we provide have a tremendous impact on the lives of families in need. One such example is that of Lily, who came to Thomas House over 20 years ago. At age 22, Lily was struggling to overcome substance abuse and give her four - year -old son a chance for success. When she first heard about Thomas House, she knew our program would give her the tools she needed to become truly independent. Today, Lily is in her mid - forties, working towards her life -long dream of earning a Master's degree in Forensic Psychology, and she still credits Thomas House with giving her a solid foundation to rebuild her life. She recently contacted us inquiring about our internship program, through which she can fulfill a class requirement, reconnect with Thomas House, and help those experiencing the same challenges that she overcame herself. The entire Thomas House team is thrilled to be able to help Lily with her career goals once again! Organization Name Program Name Final Budget Thomas House Familv Shelter Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Sisters of St. Joseph - Healthcare Total Program Budget $ 25,000 Total Organizational Essential Services $ 20,000 City of Garden Grove $ 14,000 City of Anaheim $ 6,000 case management $ 5,688 United Oil $ 68,402 $ 74,090 $ 74,090 Childcare $ 1,600 $ 36,400 $ 38,000 $ 38,000 Clothing $ 1,600 $ 8,400 $ 10,000 $ 10,000 Shelter Operations Food & Supplies $ 5,000 $ 44,000 $ 49,000 $ 49,000 Other Total $ 13,888 $ 157,202 $ 171,090 $ 171,090 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 13,888 Sisters of St. Joseph - Healthcare $ 25,000 Saint Joseph Health System $ 20,000 City of Garden Grove $ 14,000 City of Anaheim $ 6,000 Pim co $ 19,000 United Oil $ 73,202 Total Funds for the Program I $ 171,090 Exhibit B Page 1 of 1 Funded Personnel Name of Organization: Name of Program Example 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 Case M mt $ 30,000 $ 2,000 $ 32,000 $ 6,000 40% $ 12 800.00 Outreach Worker Engagement $ 25,000 $ 2,000 $ 27,000 $ 5,400 20% $ 5,400.00 $ $ $ Total Amount Re uested $ $ $ Total Amount Requested $ 11,400 PROGRAM STAFF 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 Comp ensation Sr. Case Mgr Case Mgt $ 41,850 $ 41,850 $ 3,188 17% $ 7,114.50 Case Mgr Case Mgt $ 32,240 $ 32,240 $ 2,500 17% $ 5,480.80 Total Amount Re uested $ - Total Amount Requested $ 5,688 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 Comp ensation Total Amount Re uested $ - Exhibit B -1 Page 1 of 1 City of Santa Ana Scope of Work Name of Organization Name of Funded Program House Temborary Shelter 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. 150 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12 -month contract period. 24 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. Transitional Shelter and Supportive Services: Our core program provides 6 -9 months of shelter for 35 -45 homeless families with children each year. Residents receive an apartment unit, fully stocked kitchen, basic housekeeping supplies, and clothing. During residency, families are required to save at least 80% of their discretionary income to help them build savings, learn life skills, and become debt -free. In addition to food and shelter, we also provide critically needed supportive services, including case management, counseling, life skills development, a children's program and employment and resource assistance. Graduate Extension Program: Once a family is able to sustain itself, we help them obtain permanent housing by providing resources, guidance, and assistance with the first month's rent or security deposit. All former residents can continue to meet with their case manager, receive counseling and food, and participate in classes and workshops. 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 HTotal Persons Quarter 2: October 1 - December 31 Persons Quarter 3: January 1 - March 31 Persons Quarter 4: April 1 -June 30 Persons 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 '0 $3,472.00 Quarter 2: October 1 - December 31 $3,472.00 M13888.00 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 12 -month contract period on a quarterly basis. Total Grant Exhibit A Page 1 of 1 Client#: 766615 THOMHOUS aA2TS1t0m/m20pa4vvvYt 4 ACC RD. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AEFIRMAT0121 -Y OR NEOATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SE OW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. the terns and oondnions. of the polity, certain policies may require an MUD Intornatlonol Insuranc:Servlces, Ino 6701 Center Dr. West 01$00 Las Angeles, CA 60045 Thomas House Temporary Shelter PO Box 2737 Garden Grove, CA 92842 NOTWITHSTANDING ANY 'REOUIRFMENT, TERM OR CONDITION OF ANY MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY T AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEE A ORNERAL LIABILITY I X' )�" G4jMjMf7C:AL GE:4ER{"A'G; �LWB0.17V ..._......_.1 CLAIMS,MADE `.!�!) OOOUR j OEN'L ACOREGATR LIMIT APjPOaS PER' �., POLICY JEO f LOT`_ A AUTOM00I1,5LIAMLITY I ANY AUTO T' ALL OWNEa ScHwU1ED AUTOS AU-TOe HINT AUTOa }( Ni4 ©wNEn 1 Au Cros , ............ ...., OCCUR R. ... ,.... `UfiiGRELLA6LAL � exOBa9 LIAa _ Lh � ft "T'4NTIUN' 'Y' ANY fl@@DLIS�AA�STTIIryONpN�� p NI�f{ OPFICGRIM 'NaRRlEXCLUUEpx'fiOUTiva'p '"1jN /'A City of Santa Ana, its officers, otficlals, agents, employees, an Insureds perattached GL & Auto forma issued by the Carrier, City of Santa' Ana Attn: Frank Hernandez 20 Civic Center Plaza Santa Ana, CA 92791 A statement on this certificate does not confer dnhis to the WITH RI°_SII TO WIlICI1 THIS IS SUBJECT TO ALL THE TERMS, maro veaco I.ngw di are named as additional T oa pvT,v a SHOULDANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED SEFOR4 THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVeRrxP IN ACCORDANCE WITH THE POLICY PROVISIONS. @ 1088.2010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010/05} I of 1 The ACORD name and logo are registered marks of ACORD #52683705/M2683696 MM469 '"'•"'� Adminlatrativa offloes 860 Walnut stroot �' Qlnolnnatl, Qhlo 49202 C. REtATAMPLICiN, rel: t•9rn•nns•eaon ixeuwwc9MOW CIE 82 24 (Ed, 12 01) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REACT IT CAREFULLY, SOCIAL SERVICE AGENCY GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL_ GENERAL UAEILITY COVERAGE PART I. The Following provision is added to SECTION II - WHO IS AN INSURED 6, AUTOMATIC ADDITIONAL INSUREL10 a. Additional Insured - Manager or Lessor of Premises (1) This policy Is amended to Include as an insured any person or or- ganizabon (hereinafter called Ad- ditional Insured) from whom you lease or rent property and which requires you to add such person or organization as an Additional Insured on this policy under: (a) a written contract; or (b) an oral agreement or con- tract where a Certificate of Insurance showing that per- son or organization as an Additional Insured has been Issued; but the written or oral contract of' agreement must be on "insured contract," and, (i) currently in affect or be- come effective during the term of this policy; and (11) executed prior to the "bodily Injury," "property damage," "personal and advertising in- jury," (2) With respect to the insurance af- forded the Additional Insured Identified in Paragraph A.(1) of this endorsement, the following additional provisions apply: (a) This Insurance applies only to liability arising out of the ownership, maintenance or use of that portion of the premises leased to you. (b) The Limits of Insurance ap- plicable to the Additional In- sured are the lesser of those specified In the written con_. tract or agreement or in the Declarations for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are Inclu °- slve of and not in addition to the LLmits of Insurance shown in the Declarations, (o) In no event shall the cov- erages or Limits of Insurance in this Coverage Form be in- creased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional In- sured whether the other in- surance is primary, excess, Includes copyrighted material of Insurance Service Office with its permission, Copyright, Insurance Servioea Office, Inc., 2001 CG 82 24 (Ed, 12/01) XS Page 1 of 4) contingent or an any other basis unless a written con- tractual arrangement speoifl- oaily requires this insurance to be primary, (3) This insurance does not apply to (a) Any "occurrence" or off Gras which takes place after you cease to be a tenant in that premises, (b) Structural alterations, new construction or demolition operations performed by or on behalf of the "Additional Insured," b. Additional Insured - Funding sour'oss (t) This policy is amended to include as an Insured any Funding Source which requires you in a written contract to name the Funding Source (hereinafter called Addi- tional Insured) as an Insured but only with respect to ])ability aris- ing cut of your premises, "your work" for such Additional Insured, or acts or omissions of such Ad- ditlona) Insured in connection with the general supervision of "your work" and only to the extent set forth as follows: (a) The Limits of Insurance ap- plicable to the Additlonal In- sured are the lesser of those specified In the written coti- tract or agreement or in the aeclaratione for this policy and subject to all the terms, conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclu- sive of and not in addition to the Limits of Insurance shown in the ©eclarallons. (b) The coverage provided to the Additional Insureds) Is not greater than that cua- tomarily provided by the policy forms specified in and required by the contract, (a) In no event shall the cove erages of Limits of Insurance In this Coverage Form be in- creased by such contract, "Additional Insured - Contractual Obligations (t) This policy is amended to ineluda as an Insured any person or or- ganization (hereinafter called Ad- ditional Insured) that you are re- quired by a written "Insured con- tract" to Include as an Insured, subject to all of the following provisions; (a) Coverage is limited to liability arising out of: (Il your ongoing oper- ations performed for such Additional Insured; or (11) that Insured's financial control of you; or (111) the maintenance, opera- tion or use by you of equipment leased to You by such Additional Insured; or (iv) a state or political sub division pormit issued to you, (b) Coverage does not apply to any "occurrence" or offense: (1) which took place be- fore the execution of, or subsequent to the completion or expira- tion of, tilts written "In- sured contract ", or (M which takes place after YOU Cease t0 be a ten- ant in that premises. Includes copyrighted material of Insurance Service Office with its permission, Copyright, Insurance Services office, Inc, 2009 CO 82 24 (Fd, 12/0'1) XS (Page 2 of 4) (c) With respect to architects, engineers, or surveyors, coverage does riot apply to "Bodily Injury," "Property Damage," "Personal and Ad- vertising Injury" arising out of the randering or the fail- ure to render any profes- sional services by or for you including; (1) the preparing, approv- ing, or failing to pre- pare or approve maps, drawings, opinions, re- ports, surveys, change orders, designs or, specifications; and (ii) supervisory, inspection, or engineering services. If an Additional Insured endorsement is at- tached to this policy and specifically names a person or organization as an Insured, then the coverage in Section II - WHO IS AN INSURED B, Automatic Additional Insured(s) does not apply to that person or organization, 2, BLANKET WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item S. is replaced with: 8. Transfer of Rights of Reoovery Against Others to us and Blanket Waiver of Subrogatlon a, If an Insured has rights to recover all or part of any payrnent we have made under this Coverage part, those rights are transferred to us; The Insured must do nothing after loss to irrpair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. b, It required by a written "Insured con- tract", we waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products- 00mpleted operations hazard;' 3, NON-OWNED OR CHARTERED WATER- CRAFT Section I . Coverages, Coverage A, (tam 2.g,12) is replaced with: (2) A watercraft you do not own that Is: (a) less than 51 feet long; and (b) not being used to carry persons or property for a charge, 4. BROADENED PERSONAL AND ADVERTISING INJURY Unless "personal and Advertising Injury" Is ex- cluded from thia policy, SECTION V - DEFINITIONS Item 14, is re- placed by: 14. "Personal and Advertising Injury" means Injury, Inoluding oonsequentlal "bodily in- jury" arising out of one or more of the following offenses: a, false arrest, detention or Imprison° ment; b, malicious prosecution; e, the wrongful eviction from, wrongful entry Into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or, lessor; d, oral, written, televised, videotaped, or electronic publication of material, in any manner, that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services; e, oral, written, televised, videotaped, or electronic publication of material, in any mariner, that violates a person's right of privacy; or Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc,, 2001 CG 82 24, IEd. 12/01) XS (Page 3 of 4) f, mental injury, mental anguish, humili- ation, or shock, if directly resulting from Items 14,a, through 14.e, g, the use of another's advertising ides In your °advertisement,; or h, Infringing upon another's copyright, trade dress or slogan in your "adver- tlsernent" 5. MENTAL INJURY, MENTAL ANGUISH, HUMILIATION, OR SHOCK INCLUDED IN BODILY INJURY DEFINITION Seatlon V ^ Definitions, stern a, is replaced with: 8. "Bodily Injury" means physical injury, siok- ness, or disease, including death of a per- son. "Bodily Injury" also means mental In- jury, mental anguish, humiliation, or shock If directly resulting from physical injury, sickness, or disease to that person. 8. MEDICAL PAYMENTS A. The Medical Expense Limit In Paragraph 7, Of SECTION' I'I'I 'LIR41 "p S OF INSURANCE is replaced by the following Medical Ex- pense Limit, The Medical Expense Limit provided by this policy shall be the greater of; a. $10,000; or b, The amount shown In the Declarations for Medical Expense Limit. B. This provision 7, is subject to all the terms of SECTION ill w LIMITS OF INSURANCE, C. This provision 7. does not apply If COVERAGE C, MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement, 7. DAMAGE TO PREMISES RENTED TO YOU LIMIT A. SECTION III - LIMITS OF INSURANCE, Item 6. is replaced with: Subject to S. above, the Damage to Prem- Isea Rented 'to You Limit, is the most we will pay under Coverage A for damages because of "property damage" to your building, or to personal property of others in your care, custody and control while at premises rented to you or temporarily cocupled by you with permission of the owner, arising out of any one fire, The Damage to Premises Rented To You Limit is replaced by the following Damage to Premises Rented To You Limit, The Damage to Promises Rented To You Limit is the greater, of: (1) 5300,000; or (2) the amount shown In the Declarations for Damage to Premises Rented to You Limit. B. This provision is subject to all the terms of SECTION Ili - LIMITS OF INSURANCE, C, This provision s. does not apply if Damage to Premises Rent to You Liability of COVW ERAGE A (SECTION 1) is excluded either by they provisions of the Coverage Part or by endorsement. 8. SUPPLEMENTARY PAYMENTS A. In the SUPPLEMENTARY PAYMENTS - COVERAGES A and B provision, Item 1.b., and 1.d are replaced with: 1.b• Up to 0500 for cost of bail bonds required because of accidents or traf- fic law violations arising out of the use of any vehicle to which the Bodily Iri jury Liability Coverage applies. We do not have to furnish these bonds. I'd. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the olalm or "suit," Including actual loss of earnings up to $500 a day because of time off work, This endorsement does not change any other provision of the policy. Includes copyrighted material of Insurance Service Office with Its permission. Copyright, Insurance services Office, Inc., 2001 . CO 82 24 (L;d. 12/01) xs (Page 4 of 4•i