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FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND
THE SALVATION ARMY FOR USE OF
A-2021-107-09A
THE SECOND ALLOCATION OF
EMERGENCY RENTAL ASSISTANCE PROGRAM (ERA2) FUNDS
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THIS FIRST AMENDMENT TO THE AGREEMENT FOR USE OF THE SECOND
ALLOCATION OF EMERGENCY RENTAL ASSISTANCE PROPGRAM (ERA2) FUNDS is
entered into this 1st day of October, 2021, by and between 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"), and The Salvation Army, a California nonprofit corporation ("Subrecipient').
RECITALS:
A. On August 1st, 2021, the City entered into an Agreement for the use of the Second
Allocation of Emergency Rental Assistance Program (ERA2) Funds, Subrecipient
Agreement #A-2021-107-09, with Subrecipient to provide ERA2 Funds from the
Department of Treasury to be used in the operation of a public service program to
provide rental relief for residents of the City of Santa Ana ("said Agreement').
B. In accordance with the terms and conditions of said Agreement, the parties desire to
amend said Agreement to provide flexibility in the amount of funds provided to the
Subrecipient in order to assist additional families with emergency rental assistance,
as well as to add requirements regarding Title VI of the Civil Rights Act.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
1. Section I, subsection C, shall be amended to read as follows:
"Amount of Grant Fundine. Subrecipient is one of several entities selected to
approve the distribution of ERA2 Funds. City neither warrants nor guarantees any
minimum or maximum amount of ERA2 Funds for Subrecipient to approve. The
total amount of ERA2 Funds provided for said program shall not exceed twelve
million, forty-five thousand, three -hundred and thirty-seven dollars and fifty cents
($12,045,337.50), which includes both Direct Financial Assistance and
Administrative Funds, during the Term of the Agreement. City will allow
Subrecipient to approve some portion of this maximum amount of ERA2 Funds,
subject to availability. Subrecipient agrees to administer said program as outlined
in Exhibit A, and within the terms of this Agreement, and to use said ERA2
Funds to administer said program pursuant to the regulations in Exhibit B
attached hereto and incorporated herein by reference."
2. Section I, subsection C(1), shall be amended to read as follows:
"Direct Financial Assistance. Subrecipient will potentially be responsible to
approve the payment of direct financial assistance for up to an amount not to
exceed eleven million, nine hundred and twenty-two thousand, six -hundred and
four dollars and eighty-two cents ($11,922,604.82), subject to availability, to be
used for grants to eligible participants in said program in accordance with Exhibit
A. The direct financial assistance will be disbursed by Orange County United
Way as a third party on behalf of the Subrecipient and City under a separate
Agreement.
Additionally, Subrecipient may expend up to one -hundred and forty-nine
thousand, thirty-two dollars and fifty-six cents ($149,032.56) of the Direct
Financial Assistance for housing stability services to include, among other things:
eviction prevention and eviction diversion programs; mediation between landlords
and tenants; housing counseling; fair housing counseling; housing navigators or
promotoras that help households access ERA programs or find housing; case
management related to housing stability; housing -related services for survivors of
domestic abuse or human trafficking; legal services or attorney's fees related to
eviction proceedings and maintaining housing stability; and, specialized services
for individuals with disabilities or seniors that support their ability to access or
maintain housing."
3. Section IV, subsection A(2), shall be appended to add the following:
"Subrecipient agrees to incorporate the following language in every contract or
agreement subject to Title VI and its regulations between Subrecipient and
Subrecipient's sub -grantees, contractors, subcontractors, successors, transferees,
and assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which
prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating
against a person on the basis of race, color, or national origin (42 U.S.C.
§ 2000d et seq), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title V1 also
includes protection to persons with "Limited English Proficiency" in any
program or activity receiving federal financial assistance, 42 U.S.C. §
2000d et seq., as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, and herein incorporated by reference and
made apart of this contract or agreement. "
4. Except as hereinabove modified, the terms and conditions of said Agreement remain
unchanged and in full force and effect.
2
A-2021-107-09A
u/
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said
Agreement the date and year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City A
By. RY O. ODGE
Assi t C ty Ail omey
RECOMMENDED FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
The Salvation Army, a California corporation
-T=TrHH8i s KELLY PONTSLEA �~
D# 94-1156347EASURER
Paaff .
SCOPE OF WORK
19
City of Santa Ana ERA2 Scope of Work
August 1, 2021 - March 31, 2022
Name of Organization The Salvation Army
_
Name of Funded Program CARES for Tenants
Performance Goal
Unduplicated Participants antic pated to be served duringthe 8-month Schedule of Performance.
t___.._, 600 TOTAL _ 298 Santa Ana Participants — 100% 298 Low Income Participants 100%
Schedule of Performance
Unduplicated
(estimated)
Month 1: AUG 1 - AUG 31
Month 2: SEP 1 - SEP 30
Month 3: OCT 1 - OCT 31
Month 4: NOV 1 - NOV 30
Month 5: DEC 1 - DEC 31
Month 6: JAN 1 - JAN 31
Month 7: FEB 1 -FEB 28
Month 8: MAR 1 -MAR 31
Program and Funding Description
Administrative
Costs Housing Stabilization Services
$ 5,840.70
$ 19,482.00
$ 19,482.00
$ 19,482.00
$ 19,482.00
$ 19,482.00
19,482.00
122.732.70
$ 24,838.76
$ 24,838.76
$ 24,838.76
$ 24,838.76
$ 24,838.76
$ 24,838.76
$ 149. 332.66
Families at risk of homelessness due to a financial crisis because of COVID-19 are eligible for a one-time payment of 100%
of their rental arrears/past due rent owed since April 1, 2020, payable to their landlord on their behalf or directly to the
family if the landlord refuses to participate.
-The Salvation Army will prioritize new applicants according to Area Median Income (AMI), with 50% AMI resident
applications being reviewed first, las much of the $12,045,337.50 as possible
-The Salvation Army will administerin direct financial assistance for approximately 600 families. The total
assistance available per household Is equal to 100% of their rental arrears/past due rent owed since April 1, 2020, up to a
maximum of 15 months. The number of 60o families to be assisted assumes that the average rental arrears per family
equals $5,000 per household. The total number of families assisted will vary according to the total amount of past due rent
approved per household.
-The Salvation Army will assist households with rental arrears/past due rent due to the COVID-19 global pandemic up to the
maximum amount of $11s2z,5oa.a2 in direct financial assistance by providing a one-time payment for past due rent.
-Direct assistance may only be approved in compliance with Section 32.01(a) of the American Rescue Plan Act of 2021, the
Department of Treasury's Frequently Asked Questions, and the CARES for Tenants Program Guidelines and Frequently
Asked Questions established for the Program.
Eligibility Criteria:
-Santa Ana resident with an obligation to pay rent
-Household income below 80% of the area median income (with a priority for residents with income below 50% of the Area
Median Income)
-A household member that has a reduction of income or other financial hardship due to COVID-19
-At risk of experiencing homelessness or housing instability
Program Details:
-Residents will apply online via the Neighborly Software application portal available on the City of Santa Ana's website
following the CARES for Tenants Program Guidelines and Frequently Asked Questions.
EXHIBIT A
-The Salvation Army will determine the eligibility of applicants for the program, Including:
application review; eligibility verification; collection of required supporting documentation; communication/coordination
with the applicant; coordination with the applicant's landlord for the tenant's lease/sublease agreement, past due rent
amount, and rent ledger; general determination of eligibility of the applicant,
-The Salvation Army is responsible to ensure that each tenant is qualified and determined eligible In compliance with
Section 3201(a) of the American Rescue Plan Act of 2021, the Department of Treasury's Frequently Asked Questions, and
the CARES for Tenants Program Guidelines and Frequently Asked Questions established for the Program.
-After the family is determined eligible, The Salvation Army will approve the applicant for assistance in the Neighborly
Software application portal and the City will send the approved application information to the United Way of Orange
County who will act as the payor and make payment to the tenant's landlord on behalf of the tenant after all required
landlord documentation/information is received. The United Way of Orange County will make payment to the tenant if the
landlord refuses to participate in the program.
-The Salvation Army will submit invoices for reimbursement of administrative expenses on a monthly basis before the 20th
day of every month, Wand Housing Stabilisation Services
-ERAP funding will generally be used for administrative expenses for The Salvation Army to determine the eligibility of
-The Salvation Army will provide weekly updates (performance reports) to the City and will ensure that all applicant
Information is correct, complete and curent for all applications assigned to them in Neighborly Software.
-The Salvation Army will monitor the payment approvals such that no more than in direct financial assistance
is approved for eligible tenants. Any additional payments approved by The Salvation Army beyond t t,gzz,soa.s2 in direct
financial assistance will be charged back to The Salvation Armv as an administrative exnen. .
EXHIBIT A
20
PROGRAM BUDGET
Organization Name The Salvation Army
Program Name CARES for Tenants
EXPENDITURES
Enter budget categories and projected expendituresfor the proposedprogram:
Expenditures
Funded By
Expenditures
Total
Santa Ana
Funded By
program
Organization
Category
ERAP
Other Sources
Budget
Budget
Administrative costs attributable to
providing Direct Financial Assistance
$122,732
$122,732
$ 122,732
Housing Stability Services
149,032
1 $
1 149.032
$ 149.032
$0
$
1 $0
$
$
I $0
$
TOTAL BUDGET
$271,764;
$0
$271,764,
$271,764,
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana ERAP $ 271,764
TOTAL $ 271,764
EXHIBIT B
ERA2 BUDGET LINE ITEMS
CirlullilF'3Y:7si7Pl#ir:1�3
Position Title
Annual Salary
& Benefits
ERAP Funds
Requested
Description
Application review; eligibility verification; collection of
required supporting documentation;
Administrative costs
communication/coordination with the applicant;
attributable to approving
$ 122,732
coordination with the applicant's landlord for the
families for Direct Financial
tenants lease/sublease agreement, past due rent
Assistance
amount, and rent ledger; general determination of
eligibility of the applicant; and administrative fee to staff
the program.
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
ERAP Funds
Requested
Description
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
ERAP Funds
Requested
Description
OTHER LINE ITEMS
Program ERAP Funds
Line Item Amount I Requested Description
Staff and other costs $ 149,032 to include, among other things:
attributable to providing
Housing stabilization services eviction prevention and eviction diversion
programs; mediation between landlords
and tenants; housing counseling; fair housing
counseling; housing navigators or
promotoras that help households access ERA
programs or find housing; case
management related to housing stability; housing -
related services for survivors of
domestic abuse or human trafficking; legal
services or attorney's fees related to
eviction proceedings and maintaining housing
stability; and, specialized services
for individuals with disabilities or seniors that
support their ability to access or
maintain housing; and, a 23.2% fee per the
Predetermined aereed rate. *See Exhibit B-2
EXHIBIT B-1
Exhibit B-2
NONPROFIT RATE AGR9SHE NT
BIN: AATE:05/21/2020
ORGANIZATION: FILING REF.: The preceding
Salvation Army Western Territory agreement was dated
280 East Ocean Blvd. 10/14/2016
Long Beach, CA 90802-4709
The rates approved in this agreement are for use on grants, contracts and other
agreements with the Federal government, subject to the conditions in Section III.
SECTION I: INDIRECT COST RATES
RATE TYPES: FIXED FINAL PROV. (PROVISIONAL) PROD. (PREDETERMINED)
EFFECTIVE PERIOD
TYPE P.EQDd zo RATEVk) I1QCATION APPLICABLE TO
FINAL 10/01/2018 09/30/2019 23.20 All All Programs
PRED. 10/01/2019 09/30/2022 25.50 All All. Programs
PROV. 10/01/2022 09/30/2025 25.50 All All Programs
Agreed between Santa Ana and The Salvation Army
*..BASE
Total direct costs excluding capital expenditures (building, individual items
of equipment] alterations and renovations), that portion of each subaward in
excess of $25,000,
Page 1 of 3 N15864
ORGANIZATION: Salvation Army Western Territory
AGREEMENT DATE: 5/21/2020
SECTION Its SPSCIAA RX)U S
TH ATtJENT OF FRINGE HF.NRFTTS;
The fringe benefits are specifically identified to each employee and are
charged individually as direct costs. The directly claimed fringe benefits are
listed below.
TREATMENT OF PAID ABSENCES
Vacation, holiday, sick leave pay and other paid absences are included in
salaries and wages and are claimed on grants, contracts and other agreements
as part of the normal cost for salaries and wages. Separate claims are not
made for the cost of these paid absences.
DEFINITION OF EQUIPMENT
Equipment means tangible personal property (including information technology
systems) having a useful life of more than one year and a per -unit acquisition
cost which equals or exceeds $5,000.
The following fringe benefits are treated as direct costs:
FICA TAXES, WORKERS COMPENSATION, HEALTH INSURANCE, UNEMPLOYMENT INSURANCE,
AND RETIREMENT.
PREDETERMINED RATES
Upon receipt of any Federal awards that may significantly impact the existing
rates, you must contact CAS immediately, as rate adjustments may be required.
In addition, predetermined rates cannot be used for Federal cost reimbursement
contracts. Therefore, if you receive a Federal cost reimbursement contract,
you must also notify CAS immediately.
NEXT PROPOSAL DUE DATE
A proposal based on actual costs for fiscal year ending 09/30/21, will be due
no later than 03/31/22.
Page 2 of 3
ORGANIZATION: Salvation Army Western Territory
AGREEMENT DATE: 5/21/2020
SECTION IIIE GENERAL
A. kUUZhTrnwe. The rates in this Agreement are subject to any statutory or administrative limitations and apply to a given grant,
contract or other agreement only to the extent that funds are available. Acceptance of the rates is subject to the
following conditfonsx (1) Only costa incurred by the Organization were included in its indirect Met pool so finally_
accepted, Such coots are legal obligations of the organization and are allowable under the governing cost principles,
(2) The memo Coats that have been treated as indirect costa are not claimed as direct coats; (2) Similar types of coots
have been accorded Consistent accounting treatment; and (4) The information provided by the.organization which was used to
establish the rates i0 not later found to be. materially incomplete or inaccurate by the Federal Government. In such
Situations the stela) would be Subject to renegotiation at the discretion of the Federal Government.
A. ACCOUNTING CHANGES,
This Agreement is based on the accounting system purported by the organization to be in effect during the Agreement
Period. Changes to the method of accounting for coots which affect the amount of reimburoemant resulting from the use of
this Agreement require prior approval of the authorized representative of the cognizant agency. Such changes include, but
are not limited to, changes in the charging of a particular type of Coat from indirect to direct. Failure to obtain
approval may result in coot disallowances.
C. EIRmn RATA
if a fired rate is 1n this Agreement, 1t is based on an estimate of the costs for the period covered by the rate, when the
actual costa for this period are determined, an 4d3uatment will be made to a note of A future years) to compensate for
the difference between the costa used to establish the fixed rate and actual costs.
B, nee HY OTRER PM a; A^AN sae
The rates in this Agreement war* approved in accordance with the authority in Title 2 of the Code of Federal Regulations,
Part 200 (2 CPR 200), and should be applied to grant*, Contracts and other agreements covered by 2 CFR 200, subject to any
limitations in A Above. The organization may provide copies of the Agroanent to other Federal Agencies to give them early
notification of the Agreement.
E. OTHER,
If any Federal contract, grant or other agreement in reimburaing indirect coats by a mess. other than the approved zacelei
in this Agreement, the organization should (i1 credit such coats to the affected program, and (2) apply the approved
rat*(*) to the appropriate base to identify the proper amount of indirect coats allocable to these programs,
BY THE INSTITUTION: ON BEHALF OF TUB FEDERAL GOVERNMENT,
Salvation Army western Territory
DEPARTMENT OF HEALTH AND HUMAN SERVICES
(INSTETUT_-
(SIONATURS)
(TITLE)
619 2U2a
(DATE)
Page 3 of 3
i
Arif Karim
(NAME)
Director. Cost Allocation Services
(TITLE)
SJ21/2020
(DATE) 5E54
RUS RRPRBSBNTATIVE: Jeffrey Warren
Telephone: (415) 437-7820