HomeMy WebLinkAbout25B - AGMT FOR LINKREQUEST FOR
COUNCIL ACTION _
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE AGREEMENT WITH
ILLUMINATION FOUNDATION IN THE
AMOUNT OF $1,595,406 TO OPERATE
THE LINK SHELTER
(NON -GENERAL FUND)
/s/ Kristine
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 1sl Reading
❑
Ordinance on 2i1 Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
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RECOMMENDED ACTION
1. Authorize the City Manager to execute an Operator Agreement with Illumination Foundation for
the Link shelter, from October 15, 2020 to March 31, 2021 for a total amount not to exceed
$1,595,406, subject to non -substantive changes approved by the City Manager and City
Attorney.
2. Authorize the City Manager to execute a Funding Agreement for the use of ESG-CV and ESG
CV 2 from the United States Department of Housing and Urban Development from October 15,
2020 to June 30,2021, subject to non -substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
On September 18, 2018, the City Council approved an agreement with Mercy House Living
Centers, Inc. (Mercy House) to operate an interim Emergency Homeless Shelter in Santa Ana for
a period of one year, with the option to renew for up to one additional year. Over the last two years,
the contract with Mercy House was amended to authorize additional funds and to renew the one-
year contract through October 14, 2020.
On June 16, 2020 City Council authorized the City Manager to execute an Operator Agreement,
with Illumination Foundation to operate a Year -Round Homeless Navigation Center and
Recuperative Care Facility at 1815 Carnegie Avenue in Santa Ana that included tenant
improvements and structural work. Illumination Foundation's proposed schedule for the new
shelter included a timeline with occupancy in the fall of 2020. Since the time of approval, it became
apparent that the project was more involved than originally anticipated due to a variety of items,
including seismic upgrades, asbestos resolution, and roof upgrades. Because of the unanticipated
work, occupancy of the shelter will be delayed several months. While the Carnegie shelter is
constructed, the Link shelter will continue operation as usual. During the construction phase, the
City will pay the monthly base rent at the new site, but no operational cost.
25B-1
Approve Agreement With Illumination Foundation
October 6, 2020
Page 2
Given that the Link Operator agreement was expiring, Mercy House applied and was selected as
the Operator of a new homeless shelter for the City of Huntington Beach, which is scheduled to
open in November 2020. Since Mercy House was unable to extend their contract at the Link, it is
recommended that Illumination Foundation step in as the Operator of the Link shelter and remain
onsite until all guests at the Link have transitioned to the new Carnegie shelter or have exited to
other successful housing placements. Introducing Illumination Foundation to the existing guests
at the Link shelter provides a comfortable transition for guests prior to relocating to the new shelter.
Funding allocated below provides five and one half months of operation of the Link. Should
additional time and resources be necessary, the agreement may be amended by the City Manager.
In addition, should the funding identified below not be fully expended for the Link shelter, it shall
count toward the amount of funds due for the agreement with Illumination Foundation as Operator
of the new Carnegie shelter.
FISCAL IMPACT
If the recommended action is approved, the anticipated expenditure plan is as follows:
Fiscal
Accounting
Accounting Unit,
Year
Unit -Account
Fund Description
Account Description
Amount
#
FY 2020-
Emergency
21
13518789-
Solutions Grants
ESG-CV2 Grant, Payment
$1,425,453.03
(Oct.-
69135
COVID 2
to Subagent
Mar.)
FY 2020-
Emergency
21
13518789-
Solutions Grants
ESG-CV Grant, Payment
169,952.97
(Oct.-
69135
COVI D
to Subagent
Mar.)
Total:
$1,595,406
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and
Management Services Agency
Submitted By: Steven A. Mendoza, Executive Director — Community Development Agency
Exhibits: 1. Agreement with Illumination Foundation to operate the Link Shelter
2. ESG-CV and CV2 agreement
25B-2
AGREEMENT WITH THE ILLUMINATION FOUNDATION TO
OPERATE THE LINK EMERGENCY SHELTER
On the 6"' day of October, 2020, THIS AGREEMENT was presented to the City Council of the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City") detailing the terms and conditions
provided below for The Illumination Foundation ("Contractor"), to operate The Link Emergency
Shelter.
RECITALS
A. The City desires to retain a contractor to administer and operate The Link Emergency
Shelter in the City of Santa Ana ("Shelter") commencing October 15, 2020.
B. On September 18, 2018, City Council approved an agreement with Mercy House Living
Centers, Inc. ("Mercy House") to operate an interim Emergency Homeless Shelter in Santa
Ana, which became known as The Link Emergency Shelter. The contract with Mercy
House expires October 14, 2020.
C. On June 16, 2020, City Council approved an agreement with Contractor to operate a Year -
Round Homeless Navigation Center and Recuperative Care Facility at 1815 Carnegie
Avenue in Santa Ana. While the Carnegie shelter is constructed, the Shelter will continue
operation.
D. Mercy House was unable to extend their agreement at the Shelter, so Contractor will serve
as the operator of the Shelter and remain onsite until all guests at the Shelter have
transitioned to the new Carnegie shelter or have exited to other successful housing
placements.
E. Contractor is qualified by experience, preparation, organization, staffing, and management
to operate programs on behalf of homeless individuals and is familiar with existing homeless
services in the City.
F. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Contractor shall provide all premises, approvals, facilities, labor, staffing, training,
equipment, services, and items (collectively, the "Services") appropriate and necessary
to fully and adequately perform, and shall perform, the Scope of Services established
for the Shelter as described in the Scope of Services attached hereto as Exhibit A and
incorporated in full. All Services shall be performed at the Shelter Site, included within
the City's SB-2 zone (Senate Bill 2 Building Homes and Jobs Act), secured by the
Contractor and acceptable to the City, and in accordance with the provisions of this
Agreement and all applicable local, state, and federal laws, rules, and regulations.
b. Contractor shall ensure that any equipment purchased with funds pursuant to this
Agreement, and utilized for and at the Shelter, will be disposed of in accordance with
the direction of the City (subject to the rights of the landlord under the Assignment).
In addition, all equipment furnished to the Contractor by the City and/or purchased by
the Contractor with funds pursuant to this Agreement, will be limited to use within the
activities outlined by this Agreement and will remain the property of the City (subject
to the rights of the landlord under the Assignment). Upon termination of this
Agreement, Contractor will immediately return all equipment to the City or dispose of
it in accordance with the direction of the City (subject to the rights of the landlord under
the Assignment).
2. EFFECTIVENESS AND TERM OF AGREEMENT
a. The Shelter is located at 2320 Redhill Avenue in Santa Ana ("Site"). This
Agreement shall not become effective unless and until the Site for the Shelter and
Services has been secured by Contractor as evidenced by a signed assignment of
lease, or other signed written instrument, to the City's satisfaction ("Assignment"),
provided that if the Assignment is not executed on or before October 15, 2020, this
Agreement shall be void and have no force and effect.
b. This Agreement will commence upon the date first written above and continue
through March 31, 2021 ("Term"), unless terminated earlier in accordance with
Section 15, below. Services shall commence on October 15, 2020 ("Effective
Date"). If this Agreement expires or is terminated, Contractor shall assign the
Assignment as directed by the City. The term of this Agreement may be extended
upon a writing executed by the City Manager and the City Attorney.
C. The City acknowledges that Contractor is entering into the Assignment in reliance
on the City's performance of its obligations under this Agreement. The City shall
indemnify, defend and hold harmless Contractor from any loss, claim or damage
arising out of or resulting from any breach by the City of its obligations under this
Agreement, including without limitation the City's failure to pay sums required
hereunder which Contractor will rely upon to fulfill Contractor's obligations under
the Assignment. The Contractor acknowledges that City is entering into this
Agreement in reliance on the Contractor's performance of its obligations under this
Agreement and the Assignment. The Contractor shall indemnify, defend and hold
harmless City from any loss, claim or damage arising out of or resulting from any
breach by the Contractor of its obligations under this Agreement or the Assignment,
including without limitation the Contractor's failure to operate the Shelter and
Services required hereunder which City will rely upon to fulfill City's obligations
under this Agreement, but excluding the Contractor's failure to pay sums to be
funded by the City under this Agreement.
3. COMPENSATION
a. From and after the Effective Date, City shall pay Contractor the monthly fee as
compensation for all Services rendered under this Agreement during the Term as
provided in Exhibit B. An audit of expenses will be conducted on a semi-annual
basis to reconcile any over or under -payment of expenses by the City. In the case
of the former, Contractor shall credit the City the amount of over -payment in the
immediate period. In the case of the latter, the City shall pay the Contractor the
amount of the under -payment.
C. The total sum to be expended under this Agreement shall not exceed $1,595,40G.
d. Contractor shall submit an invoice to the City (evidencing fees, costs or services
performed, subject to City accounting procedures) when Contractor needs funds
provided for in the Exhibit B. City shall pay Contractor the invoiced amounts
within thirty (30) days following receipt of proper invoice.
e. The compensation required pursuant to this Agreement will be paid by City to
Contractor from multiple federal, state, and local funding sources (each
individually a "Funding Source" and cumulatively the "Funding Sources"),
including, but not limited to, the following:
i. ESG-CV
ii. ESG-CV2
Contractor will be required to enter into a separate funding agreement for each
Funding Source. Contractor will be required to comply with all requirements of
each Funding Source, as detailed in the separate funding agreements. The total
amount of compensation in said funding agreements shall count toward the total
amount due and owing from City to Contractor under this Agreement, not
compensation in addition to the total amount of this Agreement. If Contractor does
not execute any of the separate funding agreements, Contractor will forfeit that
amount of funding from that Funding Source, and City will have the option to
terminate this Agreement pursuant to the terms of Section 15, below. Additionally,
in the event any Funding Source is reduced by 25% or more, City will have the
option to terminate this Agreement pursuant to the terms of Section 15, below.
4. SERVICE DELIVERY MONITORING
The City Manager or his or her designee shall have the right to access all activities and
facilities operated by Contractor under this Agreement. Facilities include all files, records, and
other documents related to the performance of this Agreement (except for any such materials which
Contractor is required by law to keep confidential). Activities include attendance at staff, board
of directors, advisory committee and advisory board meetings, and observation of on -going
program functions. Contractor shall permit on -site inspection of the Shelter by City and ensure
that Contractor's employees and board members furnish such information, as in the reasonable
judgment of the City may be relevant to the question of compliance with contractual conditions,
or the effectiveness, legality, and achievements of the Services.
5. REPORTING
Contractor shall provide to the City written reports of the Services as required, or upon
reasonable request from the City, in a format to be approved by the City.
6. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, ajoint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as
additional insured(s); (b) be primary and not contributory with respect to insurance
or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions. City agrees that the liability insurance carried by
Contractor under the Assignment shall satisfy the requirements of this Section.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles. City agrees that the
liability insurance carried by Contractor under the Assignment shall satisfy the
requirements of this Section.
C. Workers' Compensation Insurance. In accordance with the California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against
liability for workers' compensation or to undertake self-insurance. Prior to
I
commencing the performance of the work under this Agreement, Contractor agrees
to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident. City agrees that the liability insurance carried by
Contractor under the Assignment shall satisfy the requirements of this Section.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be famished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
(iv) Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
(v) Contractor shall supply City with a fully executed additional insured
endorsement.
If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
By Contractor. Contractor agrees to and shall indemnify, defend, and hold harmless the
City, its officers, agents, employees, consultants, special counsel, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief
arising out of claims for personal injury, including death, and claims for property damage, which
may arise from the operations or willful misconduct of the Contractor or its, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in section
1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation,
PG.7Vf /
restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by
reason of the events referred to in this Section or by reason of the terms of, or effects, arising from
this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for
the defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terns of, or effects arising from this Agreement.
Contractor's indemnification obligations hereunder shall not extend to any claims to the extent
caused by the City's negligence, willful misconduct or breach of this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Contractor's
indemnification obligations in this section shall survive expiration of this Agreement.
By City. City agrees to and shall indemnify, defend, and hold harmless the Contractor, its
officers, agents, employees, consultants, special counsel, and representatives from liability for
personal injury, damages, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the operations or
willful misconduct of the City or its subcontractors, agents, employees, or other persons acting on
their behalf which relates to the subject matter of this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. City's
indemnification obligations hereunder shall not extend to any claims to the extent caused by
Contractor's negligence, willful misconduct or breach of this Agreement. Contractor may make all
reasonable decisions with respect to its representation in any legal proceeding. City's
indemnification obligations in this section shall survive expiration of this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours (except for any such materials which
Contractor is required by law to keep confidential). Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement for a period of three (3)
years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information disclosed to either party by any subsidiary and/or
agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in
rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without
reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with the performance of services specified under this
Agreement.
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax number:
With courtesy copies to:
To Contractor:
City Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Fax:
The Illumination Foundation
1091 N. Batavia St.
Orange, CA 92867
Attn: Paul Leon, CEO
Fax number:
P2 Bf 19
With courtesy copies to:
Steven J. Dzida, Esq.
Dzida, Carey & Steinman
3 Park Plaza, Suite 750
Irvine, CA 92614
Fax: 949/399-0361
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral
or written, between the parties. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. 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.
14. ASSIGNMENT
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the
prior written consent of the City and any such assignment, transfer, delegation or subcontract
without the City's prior written consent shall be considered null and void. Nothing in this
Agreement shall be construed to limit the City's ability to have any of the services which are the
subject of this Agreement performed by City personnel or by other contractors or consultants
retained by City. No assignment by the City of its rights or obligations under this Agreement shall
relieve the City of any of its obligations under this Agreement.
15. TERMINATION
This Agreement may be terminated by the City for default by Contractor, or as otherwise
prescribed by the terms of this Agreement, upon sixty (60) days written notice of termination,
which notice shall set forth with specificity the cause for termination. Contractor shall have an
opportunity to cure any alleged default for a period of thirty (30) days after receipt of the notice of
termination. If Contractor has cured the alleged default in the reasonable opinion of City, then this
Contract shall not be terminated. If this Agreement is terminated, Contractor shall be entitled to
receive and the City shall pay Contractor compensation for all services performed by Contractor
P`=' i
and costs incurred or accrued by Contractor (under the Assignment) prior to Contractor's receipt
of such notice of termination. If the Agreement is terminated, Contractor shall assign its rights
and obligations under the Assignment to the City and, unless Contractor is released from all
subsequent liability by the landlord under the Assignment, the City shall indemnify, defend and
hold Contractor harmless from any loss, claim or damage arising from any default by Lessee under
the Assignment after the effective date of such assignment.
16. NONDISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
17. GOVERNING LAW AND VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each person signing this Agreement on behalf of Contractor represents and
warrants that its signature herein below has the power, authority and right to bind
Contractor to each of the terms of this Agreement and shall indemnify City fully,
including reasonable costs and attorney's fees, for any injuries or damages to City
in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn. Each person signing this Agreement on behalf of City represents and
warrants that its signature herein below has the power, authority and right to bind
the City to each of the terms of this Agreement and shall indemnify Contractor
fully, including reasonable costs and attorney's fees, for any injuries or damages to
Contractor in the event that such authority or power is not, in fact, held by the
signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
(Signatures on followingpage)
L5-19211
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
CITY OF SANTA ANA
Kristine Ridge
City Manager
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: C
Ryan O.
FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
EXHIBITS:
A — SCOPE OF SERVICES
B — OPERATING BUDGET
CONTRACTOR
Name: John H. Ing
Title: Chief Financial Officer
28-9 11
NAVIGATION CENTER SCOPE OFSERVICES
CASE MANAGEMENT
A Case Manager's primary fitnction is to connect clients to an array of social services,
entitlements, Food Stamps, Medi-Cal, and assist clients with completing any applications for
SSI, SSDI, Unemployment or retirement benefits. In addition, a Case Manager will work
closely with the client to secure vital documents needed to obtain permanent housing such
as:Birth Certificate, Driver's License or ID card, Social Security card, Passport, etc. Case
Managers will also be the primary point of contact when assisting clients through legal issues,
homeless court, and traffic tickets. Case Managers meet weekly, and at times much more
frequently with clients to develop goals, to obtain and maintain housing, and to become
stable and active in the community at large. Most importantly, Case Managers assist
Housing Navigators when preparing a client for permanent housing.
HOUSING NA VIGA TIONAND SUSTAINABILITPSERVICES
Housing Navigators support Case Managers as they work with clients to gain housing. A
Housing Navigator's job is to cultivate and maintain housing inventory suitable to meet the
needs of our clients. Housing Navigators assist clients when navigating the Housing Authority
and the housing voucher system, landlord/tenant relations, rights and responsibilities of tenants.
In addition, Housing Navigators can assist clients with a"hands on" approach when doing
walkthroughs of potential units and introductions of the landlord and client. Housing Navigators
assist clients from the housing application process through to the move in. Housing Navigators
continue to support clients in housing as retention and stabilization specialists as well.
SITE/PR O GRAM MANA GEMENT
The Site Manager is responsible for the day-to-day supervision of the facility and all staff
assigned to the facility. Site Managers will maintain the facility up to city building codes and
contractual obligations at all times. Site Managers serve as arbiter in client issues, and set
standards of performance for all direct reports. Additionally, Site Managers will track and report
on all contractual data and outcome reporting.
SITE CLEANLINESS
Site Assistants' primary function is to assist clients with their day-to-day needs including but not
limited to: bedding, hygiene supplies, storage of personal items, transportation to and from
appointments, laundry or food service where a client is physically incapable of completing these
tasks without assistance. Site Assistants will also be responsible for the daily upkeep and
cleanliness of the facility. In addition, a Site Assistant's role is to engage each client on a daily
basis, build trust and rapport and ultimately a relationship that will allow for mutual
communication and respect. This foundation is instrumental in addressing emergent issues with
clients, and assisting in crisis de-escalation.
1
25B-14
SUBSTANCE USE COUNSELING
The role of the Substance Use Counselor is to address clients who by their own admission suffer
from the negative impact of substance use in their lives. Counselors will use a "Harm Reduction"
approach when making contact with clients. The Harm Reduction model recognizes that each
individual has the right to self-determination. We have had success with this approach, seeing
numerous clients modify or discontinue use of substances. Counselors will be able to reflect back
some of the negative and lasting effects that substance use may be having in a client's life, and
offer them the therapeutic tools and support to build their own customized Recovery Plan.
BEHAVIORAL HEALTH THERAPY
The role of the Behavioral Health Therapist is to build trust and rapport with the client in an
attempt to address possible past traumatic episodes. Using evidence -based practices, a
Behavioral HealthTherapist who is able to gain the trust of their client can, in many cases,
deliver services that assists the client with processing their past life experiences that have kept
them from being able to move forward into stability. This plays a key role in preparing long-term
or chronically homeless individuals for the possibility of being housed and remaining stably
housed.
.PROGRAM LAYOUT
The Navigation Center will include:
• Sleeping Area
• Pet Accommodations
• Dining/Commons Area
• Food Storage , Refrigeration, and Prep Area
• Security Offices/Station
• Site -Administration and Operations Offices
• Intake and Private Meeting Areas
♦ Restroom and Shower Areas
• Laundry Facilities
• Client Storage Area
• Recreational Opportunities
• Access to Computers
In addition, the site will also feature:
• Outdoor Facilities/Areas
• Bike Rack Area
• Outdoor Commons
• Pet Area
25B-15
Farmullay
All clients must be literally homeless in the City of Santa Ana. Clients will be admitted through
the reservation system. A prospective client must be willing to participate in creating and
working a housing plan, follow facility expectations, and maintain appropriate behavior with
consideration for other clients. All clients must review and sign a copy of the "Client
Expectation" document prior to entry. Intake staff will assist any clients who may have
difficulty understanding or reviewing these expectations.
A form of official identification is required to verify identity; however, a client will not be
denied access to services without one Case Managers and/or Housing Navigators will assist
clients in obtaining a California ID, providing each client with a no -cost ID voucher.
EXIT PROCEDURES
When a client must be exited for serious or continued rule violations, the following procedure
will be used:
• The client will have the procedure explained in a polite and concise manner.
• The client will be given 2-3 alternatives for shelter (based on availability), and will be
assisted with gathering all belongings.
• Client will be asked to sign a Discharge document (client's refusal to sign will be noted
and a second staff signature will suffice).
• Client will be transported to either the shelter they have chosen or to one of the
preapproved drop off/pick up destinations.
When a client is exiting into housing or reuniting with family, they will sign the coinciding
documents, gather their belongings, receive a certificate of successful completion, and be
transported to their new living arrangement.
GOOD NEIGHBOR POLW
Illumination Foundation is committed to communication with neighbors on an ongoing basis. As
part of this commitment, a public inquiry phone number and contact information will be posted.
Community stakeholders may call this number for information about the site or to have any
questions answered. Any community complaints and/or inquiries about the program will be
recorded and forwarded to the appropriate staff for prompt investigation. Illumination
Foundation will be fully committed to an appropriate customer service response and will
consider the resolution of community complaints a high priority.
Illumination Foundation will also create and maintain a program website that will include
important information for community stakeholders and clients alike. The website will include a
"Frequently Asked Questions" section which will help to provide instant answers to community
concerns. Illumination Foundation will highlight volunteer, in -kind, and donation opportunities
encouraging community support for the program.
3
25B-16
Illumination Foundation is committed to communicating and working collaboratively with the
City, law enforcement, and fire departments through all stages of program implementation- from
facility design to program execution. The intention of Illumination Foundation is to be as
self-sufficient as possible and minimize the facility's impact on the local police and -fire
departments. This includes ensuring that staff and security are trained to properly manage and
respond to an array of difficult situations that may occur at the facility.
Illumination Foundation will provide an array of services and support that will be beneficial to
local police and fire departments, These services include, but will not be limited, to:
• Security Officers stationed both on -site and at shuttle locations
• Designated beds reserved each night for law enforcement referrals
• Staff Neighborhood Patrol will monitor surrounding area to control issues of loitering,
abandoned property, and other blight
• Training opportunities on mental illness, homeless sensitivity, or other topics of interest
to supplement existing department trainings
• Direct referral access to the Coordinated Envy System to connect homeless individuals
with housing opportunities
• Statistical reports on number of clients served, length of stay and/or demographic
information
Illumination Foundation will be committed to active participation in city and county -wide
community events. To the extent that is reasonable and feasible, representatives of Illumination
Foundation will attend meetings of the local Neighborhood Association(s) and local Chamber of
Commerce(s) when invited, and communicate with neighborhood and business participants.
Additionally, Illumination Foundation may sponsor special events, such as community resource
fairs, which will include the community and the neighborhood on various occasions.
STAFF
Illumination Foundation will exercise their best efforts to prioritize Santa Ana residents while
hiring for this facility, but may hire from any geographic area if necessary,
All Program staff will be trained when hired in: emergency evacuation, first aid procedures,
mandated reporting policies, crisis intervention, and CPR procedures. This training will be
repeated and updated annually and as needed. Staff may receive additional training on different
topics as opportunities arise and are needed.
Each staff member also reoeives on -going in-service training in crisis management,
strength -based approaches, trauma -informed care, motivational interviewing, mediation, and
positive communication skills.
25B-17
Security staff will be provided sensitivity training to better equip them to work with homeless
clients, and those in crisis.
ACCESS TO SAFE SHELTER
The Navigation Center will be accessible 24 hours a clay, seven days/week, 365 days a year. in
order to decrease the impact to the surrounding neighborhood, access to bed availability will be
handled through a reservation system. No walk-ins for the Navigation Center Program or
services will be permitted. Illumination Foundation shall prioritize all beds at the facility for use
by persons who reside in Santa Ana, based on reasonable criteria established to determine
residency. Approved referral agencies are City of Santa Ana authorities, including but not
limited to members of the Santa Ana Police Department, Santa Ana staff, and/or third -parties
under contract with the City for outreach and engagement services with homeless individuals.
This includes CityNet, Illumination Foundation, and the Orange County Health Care Agency.
LENGTH OFSTAy
Illumination Foundation proposes a t20- to 180-day length of stay; however based on a client's
vulnerability, chronicity, and available housing inventory, more time may be required. it is
Illumination Foundation's goal to match all eligible individuals to appropriate permanent
housing at the earliest opportunity. Each client will have a Case Manager and Housing
Navigator supporting their progress toward housing stabilization. The program is designed to
provide this support until a housing option becomes available. However, at any time a client
may be exited from the shelter for safety or continual shelter violations.
SLEEPING AREAS
Due to the nature of this facility, beds provided will be single beds, in a dorm setting. Each client
will be assigned a pillow and bedding for the length of their stay. Bedding will be washed and
changed at regular intervals to promote health and cleanliness.
Space will be divided to allow for separate sleeping areas for men and women, couples and
families.
Flexible sleeping space will also be provided for the transgender population, those dealing with
illness or for other special needs populations.
PET FRIENDLY
Illumination Foundation believes in providing support for die most vulnerable individuals and
their companion animals. The Navigation Center Program will provide space for a total of 30
companion/service/support animals. Clients may bring (1) pet with them up to the shelter
maximum of 30. Animals must be maintained by the clients, however Illumination Foundation
can help with linkage to animal resources, including veterinary and hygiene services in most
cases.
25B-18
Breakfast, lunch, dinner, and healthy snacks will be provided for all clients in a central dining
area. Hot meals will be purchased and delivered to the site daily from an Illumination
Foundation service partner. These meals will be served to clients of the facility by both paid
staff and volunteers,
HYGIENE FACILITIES
Hygiene facilities will be provided on -site including toilets and showers. Clients will be
encouraged to utilize these facilities daily. Toiletries will be provided by Illumination
Foundation to clients as needed. Laundry will be done by paid staff and volunteers at intake.
Clients will be assisted with their laundry on a weekly basis to ensure a healthy shelter
environment. As a preventative measure, upon entry all client's clothes and belongings will be
sanitized and washed to prevent the spread of pests and allergens.
TRANSPORTATION
Illumination Foundation will provide transportation in vans and shuttles to predetermined drop
off/pick up locations throughout the city of Santa Ana. In addition, Illumination Foundation will
provide clients with transportation to and from doctors appointments, social services
appointments, housing appointments and any other destination that is in alignment with the
client's established housing plan. Some transportation may be completed by Uber, Lyft, and
OCTA depending on the availability of transportation, the volume of clients requiring
transportation on a given day, and the client's vulnerability and capabilities.
SECUJUTY
Illumination Foundation will contract with a state -licensed security vendor that will be stationed
inside and outside of the facility property 24 hours a day 7 days a week. Illumination Foundation
will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and
the community. Illumination Foundation will strive to provide an atmosphere that promotes
community, stays alert for signs of conflict, and confronts behaviors before they escalate. The
security plan will include a multifaceted approach involving secured entrances, security searches
upon entrance, confiscation of harmful contraband, trained security personnel providing
around -the -clock indoor and outdoor coverage, security cameras, and lighting. Other program
elements that will support security efforts include no walk ups and no loitering policies.
25B-19
Personnel
Director.
wager
t Navigator
Case Manaeer
regular`.
Off -hour
r
Subtotal
Client Assistance
Client capacity
Food
Other needs
Facilities Expenses
Rent
Utilities
Insurance
Maintenance
Other Expenses
Liability insurance
Security services
Pet care contract
Office supplies
Telecom
Staff mtg & travel
Automobiles
Bus passes
Miscellaneous
Administration
THE .LINK EMERGENCY SHELTER • OPERATING BUDGET
Staffing and exnenen Acsumntinnc
Annual Salary
Benefits
Total
$
$
$
$
$
$
$
$222,000
$
30,000
84,000
84,000
50,000
84,000
135,000
350,000
13,750
$
$
$
$
$
$
$
$
$
Monti I
3,125
8,750
8,750
5,208
8,750
14,063
36,458
23125
1,432
109 661
FTE
25%
0.50
$ 60,000
$ 15,000
$ 75,000
2.00.
$ 42,000
$ 10,500
$ 52,500
2.00
$ 42,000.
$ 10500
$ 52,500
1.00
$ ' 50,000
$ 12,500
$ 62,500
2.00
$ 42,000
$ 10,500
$ 52,500
3.00
$ 45,000
$ 11,250
$ 56,250
-10.00
$35,000.
$ 8,750
$ 43 750
6.00
$ 37,000
$ 9,250
$ 46,25tl
0.25
$. 55,000
$ 13,750
$ 68,750
26.75
W
per day per client
per day per client
N/A
N/A
1$,000 annual
monthly per census
hourly
per FTE per month
per FTE per month
per FTE per month
per car per month
per month
monthly per census
10% of Operating costs
24/7 coverage �� guard(s)
Exhibit B
rr of cars 0
$ 36,196
$ 6,388
$ 42,583
$ 19,209
$ 4,500
$ 1,250
$ 2,800
27,759
$ 1,250
$ 58,400
$ 9,000
$ 535
$ 803
$ 401
$ 10,000
$ Soo
$ 1,40tl
$ 82,289
$ 2G,229
$68.70 PER DIEM
25B-20
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ILLUMINATION FOUNDATION FOR USE OF
EMERGENCY SOLUTIONS GRANT
CORONAVIRUS (ESG-CV) FUNDS
THIS GRANT AGREEMENT, is hereby made and entered into this October 6, 2020, by and
between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein
called the "CITY", and Illumination Foundation, a California nonprofit organization, herein called the
"SUBRECIPIENT".
RECITALS:
A. On March 27, 2020, a special allocation of Emergency Solutions Grant ("ESG") funds was
authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Public
Law 116436, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic.
The CARES Act made available an additional $4 billion in Emergency Solutions Grant
Coronavirus ("ESG-CV") funds. Of this amount, the United States Department of Housing and
Urban Development ("HUD") immediately allocated $1 billion based on the fiscal year 2020
ESG formula.
B. On April 2, 2020, the CITY received notice of an award of $1,727,403 in ESG-CV 1 funds from
HUD in response to the COVID-19 pandemic.
C. On June 9, 2020, the CITY received notice or a second award of $11,598,442 in ESG-CV2 funds
from HUD in response to the COVID-19 pandemic,
D. ESG-CVl and ESG-CV2 funds shall collectively be referred to as ESG-CV funds throughout this
Agreement.
E. 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
McMmiey-Vento Homeless Assistance Act [42 U.S.C, 11371-113781, 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. Catalogue of Federal Domestic Assistance ("CFDA") 14,231 and Federal
Award Identification Number (FAIN) E-20-MW-06-0508.
F. The CITY has approved the provision of ESG-CV funds 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.
G. 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.
25B-21
H, In response to the COVID-19 panderruc, SUBRECIPIENT meets the national objective for the
use of ESG and ESG-CV funds.
I. 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.
J. SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed
$1,595,406, which includes $169,952.97 in ESG-CVI funds and $1,425,453.00 in ESG-CV2
funds, in grant funding for Shelter, Outreach Services, Rapid Re-Ilousing or Homeless
Prevention.
K. The CITY simultaneously entered into an Agreement with SUBRECIPIENT to operate The Link
Emergency Shelter, Agreement No. A-2020-XXX, dated October 6, 2020, by which the City
committed a set amount of funds to SUBRECIPIENT for the operation of The Link Emergency
Shelter. As part of this ESG-CV AGREEMENT, the CITY is committing up to $1,595,406,
which includes $169,952.97 in ESG-CV1 funds and $1,425,453.00 in ESG-CV2 fiends, to
SUBRECIPIENT for Emergency Shelter Operations at The Link Emergency Shelter. This
$1,595,406 shall count toward the amount of funds due from the CITY to SUBRECIPIENT under
Agreement No. A-2020-XXX.
L. This AGREEMENT is contingent upon the award of ESG-CV funds from the United States
Department of Housing and Urban Development.
M. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure
and utilization of said funds.
NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this AGREEMENT and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and
the SUBRECIPIENT:
I. SCOPE OF PROGRAM
A. General Administration
The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope
of Work, which shall provide a description of each activity, including the services to be
performed, the person or entity providing the service, the estimated number of recipients of the
service, and the manner and means of the services.
B. Levels of Accomplislunent— 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
25B-22
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. Staffin¢
The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG-CV
activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the parties.
II. TERM OF AGREEMENT
This AGREEMENT shall take effect on October 6, 2020, and shall terminate on June 30, 2021,
unless otherwise cancelled or modified according to the terms of this AGREEMENT.
III. DISBURSEMENT AND FUNDS
The City was allocated $1,727,403 in ESG-CVl fiords and $11,598,442 in ESG-CV2 funds
under the CARES Act from EUD in response to the COVED-19 pandemic. CITY agrees to pay
to SUBRECIPIENT when, if and to the extent federal funds are received tinder provisions of the
Act a sum not to exceed $1,595,406, which includes $169,952.97 in ESG-CV1 fiords and
$1,425,453.00 in ESG-CV2 funds, for SUBRECIPIENT'S performance in accordance with
the Budget attached hereto as Exhibit B during the period of this Agreement. Said sum shall be
paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. The
$1,595,406 shall count toward the amount of funds due from the City to SUBRECIPIENT under
Agreement No. A-2020-XXX.
A. Amount and Expenditure End Date
The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed
$t,595,406 from ESG-CV funds, as outlined in Exhibit B, Final Budget, and such funds shall be
expended by the SUBRECIPIENT on or before June 30, 2021. SUBRECIPIENT has the ability
to adjust line item amounts hl the Budget with the written approval of the CITY's Executive Director
of the Community Development Agency, so long as the total Budget amount does not increase.
B. Invoicing Procedures
The SUBRECIPIENT shall submit quarterly invoices (on or before the 15" day of October,
January, April, and July) in a form prescribed by the CITY, detailing such expenses. Such
schedule may be modified with the approval of the CITY.
C. Payrnent
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
infornation 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
25B-23
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 SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for
necessary and reasonable costs allowable under federal law and regulations to operate said
program only. Said amounts shall include and will be limited to, street outreach, emergency
shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization
services, short-term and medium -tern 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 terns 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 Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding
may result in a change in the current process utilized by the CITY to determine funding
allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent
upon the availability of Federal, State or Local government (ands, 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. Matchine
The ESG-CV funds are exempt from the ESG match requirements, including 24 CPR § 576.201.
25B-24
G. Program Income
(1) Definition. Program income means, as provided by 2 CFR 200.80, 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-CV, 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.
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 CPR. 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.
J. Prohibited Use
(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use fiends
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
25B-25
LUV
V
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 D).
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:
CITY:
Teni Eggers
Homeless Services Manager
City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
(714) 667-2256
(714) 647-6549 FAX
teggers u)santa-ana.org
GENERAL CONDITIONS
A. Coordination with Continuum of Care
Illumination Foundation
1091 N. Batavia Street
Orange, CA 92867
Attn: Paul Leon, CEO
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-CV assistance as described in its consolidated plan. The SUBRECIPIENI"
25B-26
must keep documentation evidencing the use of, and written intake procedures for, the centralized
or coordinated assessment systems) 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 SUBRBCIPIENT must conduct evaluations and re-evaluations to determine the eligibility of
each individual or family's eligibility for ESO-CV assistance in accordance with 24 CPR
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-CV funds and used
by ESG-CV 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-CV 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 mariner, 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 turd/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
25B-27
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 SUBRECIPIFNT must submit all subcontracts and other
agreements that relate to this AGREEMENT to the CITY.
H. Licensine
The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation,
slid 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 Emgloyees
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 Bondin
(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 2 CFR
200,427, and 2 CFR 200.447,
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.
25B-28
(2) Limits. 'rho 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:
Promises 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 SUBRF.CIPIENT 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 full compliance.
25B-29
K. Zoning.
The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be
specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECWIENT fail to
have the required land entitlement and/or permits, thus violating any local, state, or federal roles 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 it 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 SUBRECIMENT 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 heroin 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
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25B-30
for expenses, from any funds generated from or because of the ESG-CV 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 2 CFR 200.
B. Adherence to Federal. State, and Local Laws and Regulations
(1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG-CV
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.
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25B-31
(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-CV Funds.
D. Drug Free Work In ace
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 withhr 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
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25B-32
conducts such activities, the activities must be offered separately, in time or location, from said
programs or services, and participation must be voluntary for the program participants.
The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program
participant or prospective program participant on the basis of religion or religious belief.
If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State,
and Local governments, and may continue to carry out its mission, including the definition,
practice, and expression of its religious beliefs, provided that the religious organization does not
use direct ESG funds to support any inherently religious activities.
The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in
connection with said program must be in sound accord with the provisions under 24 CFR §
576.406.
F, Additional Tetras 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, rogulations, 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. LCatch 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 -Bacot Act
All laborers and mechanios employed by contactors 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
13
25B-33
with the provisions of 29 C.F.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).
VII.
A. Generally
The following requirements and standards must be complied with: 2 CFR Part 200, et al.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the
requirements of 2 CFR 200.318-326.
B. Procuretment
(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 SUBRECIPIENTf 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) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's
award shall be an approved federally recognized cost rate negotiated between the
SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect
cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall be used. For this agreement,
the de minims indirect cost of 10% will apply.
(3) Use and Reversion of Assets. The use and disposition of equipment under this
AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200.
(4) Pursuant to the CARES Act, SUBRECIPIENT may deviate from applicable procurement
standards when using these funds to procure goods and services to prevent, prepare for, and
respond to coronaviras, notwithstanding 24 CFR 576.407(f) and 2 CFR 200.317-200.326,
C. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY
and 24 CFR § 576,500. The SUBRECIPIENT shall submit to the CITY, on or before the 15", day
of October, January, April, and July, as part of the Quarterly Report:
(1) Payment Request. An original 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
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25B-34
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) 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 Keenine
Sufficient records must be established and maintained to enable the CITY and HUD to determine
whether the ESG-CV 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-CV Funds of the SUBRECIPIENT, and all
documents related to this AGREEMENT shall be maintained and kept available at the
SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and
thereafter for five (5) years post -completion of an audit in conformity with the ESG-CV
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, HUD and auditors shall have the right to access all the SUBRECIPIENT records for
ns 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 Svstems (HMIS)
(1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all
activities assisted under ESG-CV are entered into the applicable community -wide HMIS in the
area in which those persons and activities are located, or with the express knowledge and written
consent of the CITY, a comparable database, in accordance with HUD's standards on
participation, data collection, and reporting under a local HMIS.
15
25B-35
(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 F. 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
E.
(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-CV funded agencies regarding clients that are served
in ESG-CV funded programs, unless prohibited by law. A copy of such agreement shall be
attached as Exhibit F-1.
(A.) The SUBRECIPIENT agrees to provide 211 OC with all required data
needed to complete data analysis regarding project performance, data
timeliness, or data quality.
F. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand
Dollars ($750,000.00) 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 (2 CFR 200.501a), The
SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 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
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.
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25B-36
C. Audit
The CITY shall have the right to audit and monitor any program income as a result of an ESG-
CV 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-CV 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-CV Funds the CITY receives from
HUD.
C. Hold Harmless
The SUBRECEPIENT 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.
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X. I NVIRONMENTAL CONDITIONS
A. Gencrallv
ESG-CV 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, I, 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 set -vices, 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
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25B-38
(3) Ongoing lead -based naint 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.
The current form and version of the pamphlet can be found at:
htt p://www. hud.gov/offices/lead/library/enforcement/fs-d isel, pdf
(2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge
regarding the presence of LBP and LBP hazards prior to leasing a housing unit.
(3) In 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 summary, and the SUBRECIPENT is directed to the LBP
Regulations and implementing guidance published and provided by HUD relating to compliance
with such LBP Regulations.
G. Exemptions
Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based
paint requirements do not apply to housing assistance if the assistance lasts less than one hundred
(100) days.
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XI. CONFLICTS OF INTEREST
The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program fonds
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 (t) year thereafter.
The SUBRECIPIENT agrees to abide by the ESG-CV Program's Conflict of Interest provisions
as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and
Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the
same requirements that apply to the SUBRECIPIENT under this section.
XII. ASSIGNABILITY
None of the duties of, or work to be performed by, the SUBRECIPIENT under this
AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without
the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment
shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this
AGREEMENT.
XIII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of the CITY's ESG-CV Funds by the SUBRECIPIENT
and contains all the covenants and agreements between the parties with respect to such ESG-CV
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
20
25B-40
(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-CV 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 2 CFR 200.339 and in accordance with 2 CFR 200340 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 finds.
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-CV 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 finds as requested by the CITY under this section
within thirty (30) days of receipt of the written request.
Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in
writing and mailed to the CITY pursuant to the above NOTICES section.
XVI. CLOSE-OUT
The SUBRECBPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200,343,
including the following:
21
25B-41
1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end
date of the period of performance, all financial, performance, and other reports as
required by the terms and conditions of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all
obligations incurred under the Federal award not later than ninety (90) calendar days
after the end date of the period of performance as specified in the terms and
conditions of the Federal award;
3. SUBRECIPIENT trust promptly refund any balances of unobligated cash that the
CITY paid in advance or paid and that is not authorized to be retained by
SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR
200,345);
4. SUBRECIPIENT must account for any real and personal property acquired with
Federal funds or received from the Federal government in accordance with 2 CFR
200,310-200.316 and 200,329; and,
S. The CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
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 mariner 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.
22
25B-42
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 Rilly,
including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and
year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
Ci7z'
By: R Alq O, HODGE
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
STEVEN A. MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
a municipal corporation
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
Z% _ ✓
JOHN ING
CFO, Illumination Foundation
Tax ID: 71-1047686
23
25B-43
EXHIBIT A: NAVIGATION CENTER SCOPE OF SERVICES
CASE MANAGEMENT
A Case Manager's primary function is to connect clients to an array of social services,
entitlements, Food Stamps, Medi-Cal, and assist clients with completing any applications for
SSI, SSDI, Unemployment or retirement benefits. In addition, a Case Manager will work closely
with the client to secure vital documents needed to obtain permanent housing such as:Birth
Certificate, Driver's License or ID card, Social Security card, Passport, etc. Case Managers will
also be the primary point of contact when assisting clients through legal issues, homeless court,
and traffic tickets. Case Managers meet weekly, and at times much more frequently with clients
to develop goals, to obtain and maintain housing, and to become stable and active in the
community at large. Most importantly, Case Managers assist Housing Navigators when
preparing a client for permanent housing.
HOUSING NAVIGATIONAND SUSTAINABILITYSER VICES
Housing Navigators support Case Managers as they work with clients to gain housing. A
Housing Navigator's job is to cultivate and maintain housing inventory suitable to meet the
needs of our clients. Housing Navigators assist clients when navigating the Housing Authority
and the housing voucher system, landlord/tenant relations, rights and responsibilities of tenants.
In addition, Housing Navigators can assist clients with a"hands on" approach when doing
walkthroughs of potential units and introductions of the landlord and client. Housing Navigators
assist clients from the housing application process through to the move in. Housing Navigators
continue to support clients in housing as retention and stabilization specialists as well.
SITEIPROGRAM MANAGEMENT
The Site Manager is responsible for the day-to-day supervision of the facility and all staff
assigned to the facility. Site Managers will maintain the facility up to city building codes and
contractual obligations at all times. Site Managers serve as arbiter in client issues, and set
standards of performance for all direct reports. Additionally, Site Managers will track and report
on all contractual data and outcome reporting.
SITE CLEANLINESS
Site Assistants' primary function is to assist clients with their day-to-day needs including but not
limited to: bedding, hygiene supplies, storage of personal items, transportation to and from
appointments, laundry or food service where a client is physically incapable of completing these
tasks without assistance. Site Assistants will also be responsible for the daily upkeep and
cleanliness of the facility. In addition, a Site Assistant's role is to engage each client on a daily
basis, build trust and rapport and ultimately a relationship that will allow for mutual
communication and respect. This foundation is instrumental in addressing emergent issues with
clients, and assisting in crisis de-escalation.
1
25B-44
SUBSTANCE USE COUNSELING
The role of the Substance Use Counselor is to address clients who by their own admission suffer
from the negative impact of substance use in their lives. Counselors will use a "Harm Reduction"
approach when malting contact with clients. The Harm Reduction model recognizes that each
individual has the right to self-determination. We have had success with this approach, seeing
numerous clients modify or discontinue use of substances. Counselors will be able to reflect back
some of the negative and lasting effects that substance use may be having in a client's life, and
offer them the therapeutic tools and support to build their own customized Recovery Plan.
BEHAVIORAL HEALTH THERAPY
The role of the Behavioral Health Therapist is to build trust and rapport with the client in an
attempt to address possible past traumatic episodes. Using evidence -based practices, a
Behavioral HealthTherapist who is able to gain the trust of their client can, in many cases,
deliver services that assists the client with processing their past life experiences that have kept
them from being able to move forward into stability. This plays a key role in preparing long-term
or chronically homeless individuals for the possibility of being housed and remaining stably
housed.
PROGRAMLAYOUT
The Navigation Center will include:
• Sleeping Area
• Pet Accommodations
• Dining/Commons Area
• Food Storage , Refrigeration, and Prep Area
• Security Offices/Station
• Site -Administration and Operations Offices
• Intake and Private Meeting Areas
• Restroom and Shower Areas
• Laundry Facilities
• Client Storage Area
• Recreational Opportunities
• Access to Computers
In addition, the site will also feature:
• Outdoor Facilities/Areas
• Bike Rack Area
• Outdoor Commons
• Pet Area
25B-45
ADMISSION CRITERIA
All clients must be literally homeless in the City of Santa Ana. Clients will be admitted through
the reservation system. A prospective client must be willing to participate in creating and
working a housing plan, follow facility expectations, and maintain appropriate behavior with
consideration for other clients. All clients must review and sign a copy of the "Client
Expectation" document prior to entry. Intake staff will assist any clients who may have
difficulty understanding or reviewing these expectations.
A form of official identification is required to verify identity; however, a client will not be
denied access to services without one Case Managers and/or Housing Navigators will assist
clients in obtaining a California ID, providing each client with a no -cost ID voucher.
EXIT PROCEDURES
When a client must be exited for serious or continued rule violations, the following procedure
will be used:
• The client will have the procedure explained in a polite and concise manner.
• The client will be given 2-3 alternatives for shelter (based on availability), and will be
assisted with gathering all belongings.
• Client will be asked to sign a Discharge document (client's refusal to sign will be noted
and a second staff signature will suffice).
• Client will be transported to either the shelter they have chosen or to one of the
preapproved drop off/pick up destinations.
When a client is exiting into housing or reuniting with family, they will sign the coinciding
documents, gather their belongings, receive a certificate of successful completion, and be
transported to their new living arrangement.
GOOD NEIGHBOR POLICY
Illumination Foundation is committed to communication with neighbors on an ongoing basis. As
part of this commitment, a public inquiry phone number and contact information will be posted.
Community stakeholders may call this number for information about the site or to have any
questions answered. Any community complaints and/or inquiries about the program will be
recorded and forwarded to the appropriate staff for prompt investigation. Illumination
Foundation will be frilly committed to an appropriate customer service response and will
consider the resolution of community complaints a high priority.
Illumination Foundation will also create and maintain a program website that will include
important information for community stakeholders and clients alike. The website will include a
"Frequently Asked Questions" section which will help to provide instant answers to community
concerns. Illumination Foundation will highlight volunteer, in -kind, and donation opportunities
encouraging community support for the program.
3
25B-46
Illumination Foundation is committed to communicating and working collaboratively with the
City, law enforcement, and fire departments through all stages of program implementation- from
facility design to program execution. The intention of Illumination Foundation is to be as
self-sufficient as possible and minimize the facility's impact on the local police and fire
departments. This includes ensuring that staff and security are trained to properly manage and
respond to an array of difficult situations that may occur at the facility.
Illumination Foundation will provide an array of services and support that will be beneficial to
local police and fire departments. These services include, but will not be limited, to:
• Security Officers stationed both on -site and at shuttle locations
• Designated beds reserved each night for law enforcement referrals
• Staff Neighborhood Patrol will monitor surrounding area to control issues of loitering,
abandoned property, and other blight
• Training opportunities on mental illness, homeless sensitivity, or other topics of interest
to supplement existing department trainings
• Direct referral access to the Coordinated Entry System to connect homeless individuals
with housing opportunities
• Statistical reports on number of clients served, length of stay and/or demographic
information
Illumination Foundation will be committed to active participation in city and county -wide
community events. To the extent that is reasonable and feasible, representatives of Illumination
Foundation will attend meetings of the local Neighborhood Association(s) and local Chamber of
Commerce(s) when invited, and communicate with neighborhood and business participants.
Additionally, Illumination Foundation may sponsor special events, such as community resource
fairs, which will include the community and the neighborhood on various occasions.
STAFFPLAN
Illumination Foundation will exercise their best efforts to prioritize Santa Ana residents while
hiring for this facility, but may hire from any geographic area if necessary.
STAFF TRAINING
All Program staff will be trained when hired in: emergency evacuation, first aid procedures,
mandated reporting policies, crisis intervention, and CPR procedures. This training will be
repeated and updated annually and as needed. Staff may receive additional training on different
topics as opportunities arise and are needed.
Each staff member also receives on -going in-service training in crisis management,
strength -based approaches, trauma -informed care, motivational interviewing, mediation, and
positive communication skills.
25B-47
Security staff will be provided sensitivity training to better equip them to work with homeless
clients, and those in crisis.
ACCESS TO SAFE SHELTER
The Navigation Center will be accessible 24 hours a day, seven days/week, 365 days a year. In
order to decrease the impact to the surrounding neighborhood, access to bed availability will be
handled through a reservation system. No walk-ins for the Navigation Center Program or
services will be permitted. Illumination Foundation shall prioritize all beds at the facility for use
by persons who reside in Santa Ana, based on reasonable criteria established to determine
residency. Approved referral agencies are City of Santa Ana authorities, including but not
limited to members of the Santa Ana Police Department, Santa Ana staff, and/or third -parties
under contract with the City for outreach and engagement services with homeless individuals.
This includes CityNet, Illumination Foundation, and the Orange County Health Care Agency.
LENGTH OF STAY
Illumination Foundation proposes a 120- to 180-day length of stay; however based on a client's
vulnerability, chronicity, and available housing inventory, more time may be required. It is
Illumination Foundation's goal to match all eligible individuals to appropriate permanent
housing at the earliest opportunity. Each client will have a Case Manager and Housing
Navigator supporting their progress toward housing stabilization. The program is designed to
provide this support until a housing option becomes available. However, at any time a client
may be exited from the shelter for safety or continual shelter violations.
SLEEPING AREAS
Due to the nature of this facility, beds provided will be single beds, in a dorm setting. Each client
will be assigned a pillow and bedding for the length of their stay. Bedding will be washed and
changed at regular intervals to promote health and cleanliness.
Space will be divided to allow for separate sleeping areas for men and women, couples and
families.
Flexible sleeping space will also be provided for the transgender population, those dealing with
illness or for other special needs populations.
PET FRIENDLY
Illumination Foundation believes in providing support for the most vulnerable individuals and
their companion animals. The Navigation Center Program will provide space for a total of 30
companion/service/support animals. Clients may bring (1) pet with them up to the shelter
maximum of 30. Animals must be maintained by the clients, however Illumination Foundation
can help with linkage to animal resources, including veterinary and hygiene services in most
cases.
5
r
MEALS
Breakfast, lunch, dinner, and healthy snacks will be provided for all clients in a central dining
area. Hot meals will be purchased and delivered to the site daily from an Illumination
Foundation service partner. These meals will be served to clients of the facility by both paid
staff and volunteers.
HYGIENE FACILITIES
Hygiene facilities will be provided on -site including toilets and showers. Clients will be
encouraged to utilize these facilities daily. Toiletries will be provided by Illumination
Foundation to clients as needed. Laundry will be done by paid staff and volunteers at intake.
Clients will be assisted with their laundry on a weekly basis to ensure a healthy shelter
environment. As a preventative measure, upon entry all client's clothes and belongings will be
sanitized and washed to prevent the spread of pests and allergens.
TRANSPORTATION
Illumination Foundation will provide transportation in vans and shuttles to predetermined drop
off/pick up locations throughout the city of Santa Ana. In addition, Illumination Foundation will
provide clients with transportation to and from doctors appointments, social services
appointments, housing appointments and any other destination that is in alignment with the
client's established housing plan. Some transportation may be completed by Uber, Lyft, and
OCTA depending on the availability of transportation, the volume of clients requiring
transportation on a given day, and the client's vulnerability and capabilities.
SECURITY
Illumination Foundation will contract with a state -licensed security vendor that will be stationed
inside and outside of the facility property 24 hours a day 7 days a week. Illumination Foundation
will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and
the community. Illumination Foundation will strive to provide an atmosphere that promotes
community, stays alert for signs of conflict, and confronts behaviors before they escalate. The
security plan will include a multifaceted approach involving secured entrances, security searches
upon entrance, confiscation of harmful contraband, trained security personnel providing
around -the -clock indoor and outdoor coverage, security cameras. and lighting. Other program
elements that will support security efforts include no walk ups and no loitering policies.
9
25B-49
-------------
sa� t+..3 }•r,,,,..n.� 37N;LINK.EIVIERG.ENC�',SN6,L$R.QPORIN�+OVDG�Tk...,
Personnel
Subto
Staffing and Expense Assumptions
Annual Salary
Benefits
Total
$
$
$
$
$
$
$
$
$
30,000
84,000
84,000
50,000
84,000
135,000
350,000
222,000
13,750
Monthly
FTE
-: 25%''<
0.50
;$ 60,000
$ 15,000
$ 75,000
$
3,125
2.00-.$
42,000-
$ 10,500
$ 52,500
$
8,750
2.00'.
$ 42,000
$ 10,500
$ 52,500
$
8,750
1.00.
$ 50,000
$ 12,500
$ 62,500
$
5,208
2.00
$ 42,000
$ 10,500
$ 52,500
$
8,750
3.00.
$. _.45,000:
$ 11,250
$ 56,250
$
14,063
10.00:
-$ _35,000
$ 8,750
$ 43,750
$
36,458
6.00 `.
$ 37,000..
$ 9,250
$ 46,250
$
23,125
:$ 55,000
$ 13,750
$ 68,750
$
1,432
109 661
al 26.75
Client Assistance
Client capacity 140
Food $8.50 per day per client
Other needs $1.50 per day per client
Facilities Expenses
Rent
N/A.
Utilities
N/A,
Insurance
, $....
15,000.
annual
Maintenance
'`.$
20'
monthly per census
Other Expenses
Liability insurance
$
15,000,-
annually
Security services
$
20
hourly
Pet care contract
N/A-
Office supplies
.$
20
per FTE per month
Telecom
$.
30
per FTE per month
Staff mtg & travel
.'$.
15
per FTE per month
Automobiles
'$
2,000..
per car per month
Bus passes
>$
500.-
per month
Miscellaneous
.`$.
10-
monthly per census
Administration
of Operating costs
10% '
24/7 coverage � guard(s)
Nofcars �$
$ 36,196
$ 6,388
$ 42,583
a
$ 1,250
$ 58,400
$ 9,000
$ 535
$ 803
$ 401
$ 10,000
$ 500
$ 1,400
$ 82,289
$ 26,229
$68 70 PER DIEM
25B-50
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26,1988 Federal Resister (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance fiends certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
John Ing, CFO / Illumination Foundation
Name and Title of Authorized Representative
9/29/20
Date
EXHIBIT C
Page 1 of 2
25B-51
1. By signing and submitting this proposal, the prospective recipient of federal assistance Hands is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and.
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, hieligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non -
Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these inshuctions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Govermnent, the DOL may pursue available
remedies, including suspension and/or debarment.
EXHIBIT C
Page 2 of 2
25B-52
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, 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 the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) I£ 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 Standard Form-LLL, 'Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Illumination Foundation
Grantee/Contactor Organization Program Title
John H. Ing, CFO �e 9 / 2 9 / 2 0
Name of Certifying Officer Signature Date
EXHIBIT D
Page 1 of 2
25B-53
SUBRECIPIENT warrants the following;
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of constriction work financed in whole or in part with commurty
development 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 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT D
Page 2 of 2
25B-54
Certification Regarding Drug -Free Workplace Requirements
The certification set out below Is a material representation upon which reliarice is placed
by the U.S, Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, In addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that It will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about—
(1) The dangers of drug abuse In the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction,
(a) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
Exhibit E 1 of 3
25B-55
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee 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;
(g) Making a good faith effort to continue to maintain a drug -Free workplace
through Implementation of paragraphs (a), (b), (c), (d), (e) and (f),
B. The contractor shall Insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, If It is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additlonaf sites by submitting a revised "Place of
Performance" form.
Illumination Foundation
Organization
9/29/20
Authorized Signature Date
25B-56
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Illumination Foundation
Date: 9/29/20
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
1815 E. Carnegie Avenue
County of Orange, Santa Ana, CA 92705
25B-57
GREATER LOS ANGELES & ORANGE COUNTY
HOMELESS MANAGEMENT INFORMATION SYSTEM (LA/OC HMIS)
PARTICIPATING ORGANIZATION AGREEMENT
I. Purpose
The HMIS is a HUD -mandated Information technology system that is designed to capture client -level information
over time, on the characteristics and service needs of homeless persons. Client data is maintained on a central
server, which will contain all client Information in an encrypted state. HMIS Integrates data from all homeless
service providers andorganizations In the community and captures basic descriptive Information on every person
served. Participation inLA/OC HMIS allows organizations to share information with other participating
organizations to create a morecoordinated and effective delivery system.
The LA/OC HMIS is the secured electronic database for the Greater Los Angeles and Orange Counties and is a
valuable resource for local communities. The LA/OC HMIS Collaborative consists of four separate Continuums of
Care (CoC). The continuums are: Los Angeles City and County; Santa Ana/Anaheim/Orange County; Glendale; and
Pasadena.
The LA/OC HMIS Collaborative's goal is to provide a comprehensive case management system to advance the
provision of quality services for homeless persons, improve data collection, and promote more responsive policies
to end homelessness in the Greater Los Angeles and Orange Counties.
II. Agreement and Understanding
This Agreement authorizes this Participating Organization (Organization) to designate HMIS Users (User). A User is
a staff person entrusted to enter Protected Personal Information (PPI) into the LA/OC HMIS, on behalf of this
Organization. In order to allow a User to access the LA/OC HMIS, a User Agreement must be signed by the User,
the HMIS Administrator, and this Organization's Authorized Representative.
III. Confidentiality and Informed Consent
Confidentiality: This Organization must require all Users to abide by Its organization's policies and procedures;
uphold all privacy protection standards established by the LA/OC HMIS Collaborative Policies and Procedures; and
comply with all relevant federal and State of California confidentiality laws and regulations that protect client
records. Except where otherwise provided for by law, this Organization shall ensure that confidential client records
are released with the client's written consent.
Written Consent: To obtain written consent, prior to each client's assessment, each client must be informed
that the client's information will be entered Into an electronic database called HMIS. The terms of the Consent to
Share Protected Personal Information form must also be explained to each client. Clients who agree to have
their PPI entered into the LA/OC HMIS must sign the Consent to Share Protected Personal information form.
Verbal Consent: Verbal consent to enter PPI Into the LA/OC HMIS may be obtained during circumstances such
as phone screenings, street outreach, or community access center sign -ins. Each client must be Informed that his
or her information will be entered into the HMIS database. The terms of the Consent to Share Protected
Personal Information form must also be explained to each client. The client's written consent must be obtained
once the client appears for his or her Initial assessment.
Version 1.5 Exhibit F Modifled 1012112015
Page 1 of 3
25B-58
IV. Client's Rights
The client has a right to receive a copy of this notice at the time of request,
Each client has the right to receive the following, no later than five (5) business days of a written request;
• A correction of Inaccurate or Incomplete PPI
• A copy of his or her consent form
• A copy of his or her HMIS records
• A current list of participating organizations that have access to HMIS data
V. Data Use
This Organization must protect HMIS data by ensuring that:
• A link to the Privacy Notice is accessed from the Organization's webslte.
• LA/OC HMIS is not accessible to unauthorized users
• IA/OC HMIS is only accessed by computers approved by the Organization
• HMIS Users are trained regarding user responsibilities and conduct
• HMIS Users sign and comply with the LA/OC HMIS User Agreement
• HMIS Users forward a copy of a client's Revocation of Consent to the HMIS Administrator within 24 hours of
receipt.
VI. Responsibilities
This Organization Is responsible to ensure that:
• The Notice Regarding Collection of Personal Information Is posted at each intake desk or comparable
location,
• HMIS Users do not misuse the system
• Clients are notified If a breach of their PPI is discovered
• Any HMIS User who finds a possible security lapse on the system is obligated to immediately report It to the
HMIS Administrator,
+ A signed copy of the Consent to Share Protected Personal Information is retained for a period of seven
(7) years after the PPI was created or last changed.
VII. System Use
Computer equipment and services provided by a CoC are intended only for LA/OC HMIS-related activities.
Prohibited uses include, but are not limited to: malicious or illegal activities; unauthorized access; the creation,
sending and/or storing of fraudulent, threatening, harassing, or obscene messages; inappropriate mass mailing
(spamming, flooding, bombing); denial of service attacks; and the creation or intentional distribution of computer
viruses, worms, and/or Trojan horses.
Equipment, if applicable: All CoC-provided computer equipment Including, but not limited to,
printers, scanners, laptops and monitors, were provided through grant funds from HUD. The maintenance
and upgrades of these devices are subject to the requirements and funding limitations of the HUD grant.
Maintenance and/or upgrade costs to equipment, Incurred after the HUD grant funds have been
exhausted, become the sole responsibility of this Organization.
Software, Licenses, and/or Services, if applicable: CoC-provided services to each organization
may Include, but are not limited to, purchasing and installing Anti -Virus Software and licenses, Firewall
software and licenses, Windows software updates and High -Speed Internet Connections. The software
and/or services are provided for HMIS purposes through HUD grant funds. The maintenance, upgrades
and license purchases are subject to the requirements and funding limitations of the HUD grant,
Additional maintenance, upgrades and license purchases, Incurred after the grant funds have been
exhausted, become the sole responsibility of this Organization.
Version 1.5 Page 2 of 3 Modified 1012112015
25B-59
Vill, Rights and Privileges
LA/OC HMIS data is stored In one central database and is owned by the LA/OC HMIS Collaborative. The LA/OC
HMIS Collaborative reserves all rights to the HMIS data. Use of the LA/OC HMIS equipment, software, licenses,
and/or services is a privilege and Is assigned and managed by each HMIS Administrator.
IX. Copyright
The LA/OC HMIS and other CoC-provided software are protected by copyright and are not to be copied, except as
permitted by law or by contract with the owner of the copyright. The number and distribution of copies of any CoC
provided software are at the sole discretion of the HMIS Administrator.
X. Violations
Any violations or suspected violations of any of the terms and conditions of this agreement, the HMIS User
Agreement, and/orthe HMIS Policies and Procedures, must be Immediately and confidentially reported to the
HMIS Administrator and the Executive Director or other authorized representative of this Organization,
XI. Term
This Participating Organization Agreement becomes effective on the date of final execution and shall remain in
effect unless terminated pursuant to paragraph XI. Termination, below.
XII. Amendment and Termination
. The LA/OC CoC reserves the right to amend this agreement by providing a 3-day notice to this Organization.
- Either party has the right to terminate this agreement, with or without cause, by providing a 3-day written
notice to the other party.
• If this agreement Is terminated, this Organization shall no longer have access to HMIS or any information
therein. The remaining LA/OC HMIS participating organizations shall retain the right to use all client data
previously entered by this Organization, subject to any restrictions requested by the client.
All organizations that sign this agreement and are granted access to the LA/OC HMIS agree to abide by LA/OC's
HMIS Collaborative Policies and Procedures. The signature of the Executive Director or other authorized
representative of this Organization Indicates acceptance of all terms and conditions set forth in this agreement.
This Agreement is executed between the CoC and the Participating Organization. Upon final execution, this
Organization will be given access to the LA/OC HMIS.
Illumination Foundation
Organization Name
Sohn H. Ing, CFO
Organization Administrator/Authorized Representative
(Print Name)
Signature
9/29/20
Date of Signature
CoC Name
HMIS Administrator Name (Print Name)
Signature
Date of Signature
Version 1.5 Page 3 of 3 Modified 10/21/2015
25B-60
Orange County CoC
Inter -Agency Data Sharing Memorandum of Agreement
The Illumination Foundation agency agrees to share client data among participating
agencies via the LA/OC HMIS (Homeless Management Information System) for the purposes outlined below. Each
participating agency must complete and comply with the Agency Agreement. Each individual HMIS user must complete
and comply with the HMIS User Agreement. This document is available on the OCHMIS webslte
htti)://www.ochmis.orci.
Uses of HMIS Data:
• Coordinate housing services for families and individuals experiencing homelessness or facing a housing crisis in
Orange County
• Understand the extent and the nature of homelessness in Orange County
• Evaluate performance and progress toward community benchmarks
• Improve the programs and services available to Orange County residents experiencing homelessness Ora
housing crisis
• Improve access to services for all Orange County homeless and at -risk populations
• Reduce Inefficiencies and duplication of services within our community
• Ensure that services are targeted to those most In need, including "hard to serve" populations
• Ensure that clients receive the amount and type of services that "best fits" their needs and preferences
• Pursue additional resources for ending homelessness
• Advocate for policies and legislation that will support efforts to end homelessness In Orange County
Client Protection:
• Informed consent must be given by clients in order for their identifying Information to be entered into HMIS and
shared among agencies In the LA/OC HMIS (see Orange County HMIS participating agencies on OCHMIS.org).
Non -Identifying client information may be entered In the system for all clients regardless of whether they give
their informed consent and regardless of their domestic violence status.
• Only non -Identifying Information will be entered for clients currently fleeing or in danger from a domestic
violence, dating violence, sexual assault or stalking situation.
• Identifying client information will only be shared among agencies that have signed this agreement. At the time of
Informed consent, and at any point after, the client has the right to see a current list of the OC HMIS
participating agencies.
• Additional agencies may Join the LA/OC HMIS and will be added to the list of HMIS participating agencies. As
part of the Informed consent process, clients must be Informed that additional agencies may join the
collaborative at any time and will have access to their Information.
• HMIS Users will maintain HMIS data In such a way as to protect against revealing the Identity of clients to
unauthorized agencies, Individuals, or entitles (see the "OC HMIS Client Consent Form," and the "Client Rights
Brochure OC" available on the OCHMIS.org webslte).
• Clients may not be denied services based on their choice to withhold their consent.
Each party to this memorandum of agreement shall defend, indemnify, and hold all other parties harmless from any and
all claims arising out of that party's negligent performance of this agreement. Any loss or liability to third parties resulting
from negligent acts, errors, or omissions of a LA/OC HMIS user while acting within the scope of their authority under this
Agreement shall be borne by that user exclusively.
Agreed to and signed by the following agency representative:
Sohn H. Ing Illumination Foundation
Printed Name Agency Name
^" 9/29/20
Exhibit
orange Coun!y G,)Inb;o-A..=ncy Da!r , n „q Ndai onndsim CFrlyreement Upd it::d c I? II) t?-
25B-61