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HomeMy WebLinkAboutItem 04 - Agreement with Nan McKay and Associates, LLC Housing Authority https://www.santa-ana.org/cd Item # 4 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 4, 2021 TOPIC: Agreement with Nan McKay and Associates, LLC AGENDA TITLE: Approve an Agreement with Nan McKay and Associates, LLC for Housing Authority Case Management Services RECOMMENDED ACTION Authorize the Executive Director of the Housing Authority to execute an agreement with Nan McKay and Associates, Inc. to provide case management services for the Housing Authority beginning May 4, 2021 and expiring April 30, 2024, in an amount not to exceed $300,000 over a three-year period, subject to non-substantive changes approved by the Executive Director and Authority General Counsel. DISCUSSION On February 22, 2021, the Housing Authority issued a Request for Proposals (RFP # 21- 026) for case management services for the Housing Authority from professional and certified providers (Exhibit 1). Responses to the RFP were accepted until March 8, 2021. The RFP was e-mailed to six different providers and publicized through PlanetBids to any firm that expressed an interest. The Housing Authority received one (1) proposal prior to the deadline. Many providers are working with other housing authorities and decided not to respond to the RFP. The firm that submitted a proposal is Nan McKay and Associates, Inc. Staff formed a Review Panel consisting of three (3) employees from the Housing Authority to review the proposal and used the Scoring and Selection Criteria from the RFP to make a decision whether or not to recommend the proposal to the Housing Authority Board for approval. Following this RFP process, the Review Panel is recommending the Housing Authority to execute an agreement with Nan McKay and Associates, Inc. to provide case management services for the Housing Authority beginning May 4, 2021 and expiring April 30, 2024 (Exhibit 2). The total cost of the agreement over a three-year period is not to exceed $300,000. Staff is recommending approval of an agreement with Nan McKay and Associates for various reasons. For four decades, Nan McKay has been one of the top training partners for housing authorities throughout the United States. Staff from the U.S. Department of Housing and Urban Development (HUD) rely upon Nan McKay for various certifications Agreement with Nan McKay and Associates, LLC May 4, 2021 Page 2 6 8 2 and trainings. The company has real-life professional experience in the field and understands operational best practices and the complexities of HUD’s federal regulations. Nan McKay and Associates, Inc. provides consultant services for various housing authorities across the country, including large agencies like the San Francisco Housing Authority and Chicago Housing Authority, especially when staffing shortages exist. Nan McKay and Associates, Inc. has also been providing temporary case management services for the Housing Authority since November 2020. The Housing Authority has had two staff members leave in the last calendar year, including one retirement, and needs assistance from an outside consultant to continue its operations. Due to staff retirements and staff being out of the office on extended leave, the Housing Authority needs an agreement in place to call upon when services are needed to maintain its operations. Nan McKay and Associates, Inc. is a trusted consultant with decades of experience assisting housing authorities across the country to administer the Housing Choice Voucher Program and Low-Income Public Housing Program. This agreement will build upon the temporary case management services that have been provided since November and ensure that Housing Authority operations continue uninterrupted on behalf of the community. FISCAL IMPACT Funding for the Nan McKay and Associates agreement is available in the FY 2020-2021 Housing Authority Other Contractual Services account (no. 14018760-62300) and will be budgeted in future fiscal years for expenditure as shown in the table below: Fiscal Year Accounting Unit - Account# Accounting Unit, Account Description Amount FY 20-21 (May-June)14018760-62300 Housing Authority-Vouchers ADM, Contract Services-Professional $ 16,700 FY 21-22 (July-June)14018760-62300 Housing Authority-Vouchers ADM, Contract Services-Professional $ 100,000 FY 22-23 (July-June)14018760-62300 Housing Authority-Vouchers ADM, Contract Services-Professional $ 100,000 FY 23-24 (July-April)14018760-62300 Housing Authority-Vouchers ADM, Contract Services-Professional $ 83,300 Total Contract Amount $ 300,000 The above spending plan is only an estimate and is subject to change. EXHIBIT(S) 1. RFP for Case Management Services for the Housing Authority 2. Agreement with Nan McKay and Associates, Inc. Submitted By: Judson Brown, Housing Division Manager Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 1 RFP # 21-026 REQUEST FOR PROPOSALS FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM HOUSING AUTHORITY OF THE CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Judson Brown Housing Division Manager (714) 667-2241 Office (714) 667-2225 Fax jbrown@santa-ana.org KEY RFP DATES Issue Date: Monday February 22, 2021 Proposal Due Date: Monday March 8, 2021 at 5:00 P.M. EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 2 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Case Management Services for the Housing Choice Voucher Program administered by the Housing Authority of the City of Santa Ana (CA093). Responses to this Request for Proposals (RFP) will be accepted until Monday, March 8, 2021 at 5:00 P.M. For further information, please contact Judson Brown, Housing Division Manager, at (714) 667-2241 or jbrown@santa-ana.org. E-MAIL, MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows: Housing Authority of the City of Santa Ana Community Development Agency (6th Floor) Attention: Judson Brown, Housing Division Manager 20 Civic Center Plaza, M-26 Santa Ana, CA 92701 E-mail Proposals to: jbrown@santa-ana.org It is the responsibility of the proposer to see that any proposals submitted shall have sufficient time to be received by the Housing Authority of the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Judson Brown at Jbrown@santa- ana.org. The receiving time at the Front Desk of the City of Santa Ana, Community Development Agency, 6th Floor, 20 Civic Center Plaza, Santa Ana CA 92701 will be the governing time for the receipt of physical proposals. The receiving time that the proposal sent by e-mail will be the governing time for the receipt of proposals sent by e-mail. Late Proposals will NOT be considered and will be returned to the proposer unopened. FACSIMILE PROPOSALS WILL NOT BE ACCEPTED ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT FAX RFP RESPONSES EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 3 HOUSING AUTHORITY OF THE CITY OF SANTA ANA REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. SCOPE OF SERVICES 4 IV. GENERAL INFORMATION 4 V. CONTRACTOR RESPONSIBILITIES 5 VI. INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE 5 VII. RULES FOR PROPOSALS 6 VIII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS / CLARIFICATIONS 6 IX. ADDENDA 6 X. SUBMITTAL INFORMATION AND DEADLINE 6 XI. MINIMUM QUALIFICATIONS 6 XII. SUBMITTAL REQUIREMENTS 6 XIII. CONTRACTOR SELECTION – SCORING AND EVALUATION 8 XIV. PUBLIC RECORDS 9 XV. FILING A PROTEST 9 EXHIBIT A SCOPE OF SERVICES 10 EXHIBIT B PROPOSERS STATEMENT AND FEE SCHEDULE 12 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES 13 EXHIBIT D REFERENCES AND RELEVANT WORK HISTORY 14 EXHIBIT E PROPOSAL AND CONTRACT AGREEMENT – PROPOSERS STATEMENT 16 EXHIBIT F PROPOSAL AND CONTRACT AGREEMENT – CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 17 EXHIBIT G NON-COLLUSION AFFIDAVIT 19 EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 4 HOUSING AUTHORITY OF THE CITY OF SANTA ANA REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM INTRODUCTION The Housing Authority of the City of Santa Ana (CA093) is issuing this Request for Proposals (RFP) for a professional company who will provide case management services for the Housing Choice Voucher Program administered by the Housing Authority. The Housing Authority of the City of Santa Ana (SAHA) provides rental assistance in the form of Housing Choice Vouchers (HCV), Project Based Vouchers, Mainstream Vouchers, Foster Youth to Independence Vouchers, and Veterans Affairs Supportive Housing vouchers to 3,160 low-income households. These vouchers enable housing authority participants and applicants to rent from property owners in the private rental market. I. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the Agreement, agreement term shall be for a period of three (3) years for a maximum contract amount of $300,000. The agreement term is anticipated to commence after selection of the Contractor and upon receipt and approval of all required insurance documents. II. SCOPE OF SERVICES The scope of services is provided under EXHIBIT A – SCOPE OF SERVICES III. GENERAL INFORMATION A. The term of the contract will begin after the contract is awarded by the Housing Authority. B. When determined appropriate, the Housing Authority will provide information in its possession relevant to preparation of required information in the RFP. The Housing Authority will provide only the staff assistance and documentation specifically referred to herein. C. The Contractor shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the Housing Authority as requested by the Housing Authority. D. This RFP does not commit the Housing Authority to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to the award of a written contract will be borne by the respondent. The Housing Authority reserves the right to accept or reject the combined or separate components of a proposal in part of in its entirety or to waive any informality or technical defect in a proposal. EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 5 E. All data, documents and other products used, developed or produced during response preparation of the RFP will become property of the Housing Authority. All responses to the RFP shall become property of the Housing Authority. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The Housing Authority reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the Housing Authority reserves the right to reject any subcontractor(s). Subcontractor(s) shall be responsibility of the prime Contractor and the Housing Authority shall assume no liability of such subcontractor(s). IV. CONTRACTOR RESPONSIBILITIES The selected Contractor will assume responsibilities for all services in its proposal. The selected Contractor shall identify a sole point of contact for contractual matters, including payment of any and all charges resulting from the Agreement. V. INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE CGL (Commercial General Liability) – CGL insurance is required when the Contractor will be performing services on City property or receiving City grant funds. A $1,000,000.00 per occurrence with $2,000,000.00 in the aggregate policy is required. The certificate of insurance must provide 30 Day Notice of cancellation or material reduction in policy limits. Additionally, the City of Santa Ana, the Housing Authority of the City of Santa Ana, its officers, agents, volunteers and employees shall be named as an additional insured via an additional insured endorsement. The additional insured endorsement, attached as Exhibit C, shall provide that the Contractor’s insurance is primary to any insurance or self- insurance carried by the City as well as a separation of insured’s clause. Automobile - Automobile insurance is required when the Contractor will be driving from one City site to another City site in a non-City vehicle. A $1,000,000.00 per occurrence policy for owned, hired and non-owned automobiles is required. Worker’s Compensation – In accordance with the provisions of Section 3300 of the California Labor Code, any Contractor with employees must maintain employer’s liability insurance with limits not less than $1,000,000.00 per accident. Worker’s Compensation is not required for sole proprietors or a partnership with no employees. However, these Consultants must complete a “Worker’s Compensation Declaration.” This form may be obtained from City staff. Professional Liability – Professional liability insurance is required for state licensed professionals, such as, engineers, architects, CPAs, attorneys and medical professionals. A $1,000,000.00 policy is required. City Business License - The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 6 VI. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (EXHIBIT H). VII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS / CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests within 48 hours. The Housing Authority will make no oral interpretations to any proposer as to the meaning of requirements identified herein including the Scope of Services. Every request for such an interpretation must be made in writing via e-mail to Judson Brown, Housing Division Manager at jbrown@santa- ana.org. VIII. ADDENDA If clarification or interpretation of this RFP is considered necessary by the Housing Authority, a written addendum shall be issued and the information will be posted on the City’s website at http://www.santa- ana.org/bids-rfps/. It is the responsibility of each proposer to periodically check the City’s website to ensure that they have received and reviewed any and all addenda to this RFP. IX. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the Housing Authority of the City of Santa Ana, at the date, time and location set forth on the Notice Inviting Proposals. Faxed and E-mailed proposals will not be accepted. X. MINIMUM QUALIFICATIONS The following are the minimum qualifications to be considered as an eligible candidate to submit proposals for the requested services described in this RFP. The Contractor must have previous experience in performing services similar to those requested in the Scope of Work. Contractor is encouraged to submit relevant and concise information regarding their experience and qualifications to perform the requested services. XI. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm’s capabilities as they apply to the proposed services. Each firm must address each of the following items in its response to the RFP: 1) Statement of Qualifications – In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM OF 10 PAGES (excluding front and back covers). The page limitation includes all appendices, attachments and supplemental information. The following information is required: EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 7 1. Cover Letter: A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Organizational Background: A brief description of the contractor’s firm, including the year the firm was established, type of organization (partnership, corporation, etc.), and a statement of the firm’s qualifications for performing the subject services. 3. Scope of Services: Include a detailed description on how services will be provided to meet the requirements of Exhibit A – Scope of Services. Identify any resources expected to be provided by the Housing Authority, including their roles and responsibilities. The Scope of Services should link directly to your fee schedule and be easily understandable relative to your fee schedule. 4. Firm or Personnel Experience: A profile of the firm’s experience, personnel and history relating to the scope of work identified in Exhibit A – Scope of Services. Include a description of the company profile, including range of the firm’s capabilities and service. In addition, provide the names of all personnel who will be assigned to this project, their education and previous experience. 5. Relevant Experience: List of the Public Housing Authorities that your firm or personnel have provided case management services within the last five (5) years. Information should include project description, year service was provided, client name, along with a person to contact and their telephone number. 6. Sub consultants: Identification is required of any contemplated sub consultants to be used, with the identification of personnel to be assigned, their qualifications, education, and representative experience. 7. References: The Contractor shall submit a list of at least three references comprised of a listing of work similar to that identified in the RFP. 8. Fee Schedule: The fee schedule shall include the hourly rates for each personnel category to be used on the project and/or fee for each type of service. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases such as (but not limited to): Equipment purchases or subscription costs, internet and data support costs, ongoing support costs, professional training/certified costs for continued education/training, etc. In addition, the fee schedule should include any optional services. 2) EXHIBIT B – PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING 3) EXHIBIT C – ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY (NOT REQUIRED UNTIL AFTER CONTRACTOR SELECTION) 4) EXHIBIT D – REFERENCES AND RELEVANT WORK HISTORY (PAST 5 YEARS) 5) EXHIBIT E – PROPOSAL CONTRACT AND AGREEMENT – PROPOSERS STATEMENT 6) EXHIBIT F – PROPOSAL CONTRACT AND AGREEMENT – CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 7) EXHIBIT G – NON-COLLUSION AFFIDAVIT EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 8 Submittal of Proposal:  Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company and one (1) copy of the submittal on a USB Flash Drive or equivalent. a. If sent by e-mail, one (1) copy of the submittal.  Structure your proposal to include the Scope of Service response, Implementation Schedule, Fees / Contract Price and Exhibits. The proposal must be completely responsive to the RFP. The Housing Authority reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. XII. CONTRACTOR SELECTION – SCORING AND EVALUATION The criteria for evaluating the proposals submitted will take the following evaluation criteria into consideration: EVALUATION CRITERIA Qualifications & Company Experience Organizational background and overall experience (Max. 10 Points) Qualifications and experience relevant to the scope of services described in Exhibit A (Max. 15 Points) Experience working with Housing Authorities (Max. 10 Points) SUB TOTAL (Max. 35 Points) Overall Quality and Depth of Proposal Quality and organization of proposal (Max. 15 Points) Completeness of proposal (Max. 15 Points) SUB TOTAL (Max. 30 Points) Fee Schedule Overall fee schedule (Max. 5 Points) Fee schedule related to the services requested (Max. 10 Points) Fee schedules and timeline for implementation (Max. 20 Points) SUB TOTAL (Max. 35 Points) GRAND TOTAL (Max. 100 Points) EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 9 The proposals will be reviewed by a Review Panel of Housing Authority staff members. The Panel will evaluate Proposals based on their response to the RFP. A final score will be calculated for each submitted proposal and used to rank the proposal. The highest scoring proposers will be informed after the scoring and evaluation is complete. The Panel will recommend award of the contract to the proposer who will provide the best quality service to the Housing Authority. The Housing Authority reserves the right to negotiate pricing and for additional interviews. The Housing Authority will notify the successful firm(s) by email of invitation for a final oral interview, demonstrations, and/or award. XIII. PUBLIC RECORDS Proposals will become public record after award of agreement. Interested offerors may submit an e-mail request to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Please submit your request to Judson Brown, Housing Division Manager, at jbrown@santa-ana.org. XIV. FILING A PROTEST Bidders may file a “protest” with the Housing Authority. In order for a contractor’s protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5th business day following the posting of RFP results/Notice of Intent to Award Contract on the City’s website; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Housing Division Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Housing Division Manager will provide a written decision to the protestor within fourteen (14) calendar days from receipt of protest. The dec ision from the Housing Division Manager, or her/her designee, is final and no further appeals will be considered. EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 10 EXHIBIT A REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM SCOPE OF SERVICES The Santa Ana Housing Authority (SAHA) is a medium-sized Public Housing Authority located in Santa Ana, California and is operated under the U.S. Department of Housing and Urban Development, and has approximately 15 full time employees and manages 3,160 Housing Choice Vouchers (Section 8). SAHA provides rental assistance in the form of Housing Choice Vouchers (HCV), Project Based Vouchers, Mainstream Vouchers, Foster Youth to Independence Vouchers, and Veterans Affairs Supportive Housing vouchers to 3,160 low-income households. These vouchers enable Housing Authority participants and applicants to rent from property owners in the private rental market. The Authority’s funding is fully dependent on the U.S. Department of Housing and Urban Development (HUD). HUD’s funding is dependent on annual appropriations from Congress. It is the Santa Ana Housing Authority’s objective to find qualified providers to provide case management services to support the administration of the Housing Choice Voucher Program. The Agency is seeking proposals from qualified, licensed, and insured entities to provide remote case management services to a portion of the agency’s Housing Choice Voucher, Mainstream Voucher, VASH, and/or Foster Youth to Independence households. The services shall include but not be limited to completing the following tasks utilizing the agency’s software in a HUD-compliant manner:  Process reexaminations (50058 Action # 2), including collection and review of required documentation, income calculations, and calculation of tenant rent.  Process interim examinations (50058 Action # 3), including review of required documentation, income calculations, and calculation of tenant rent.  Respond to participant questions according to applicable regulation and local policies  Accurately document all processes and communications in the appropriate electronic file, concluding with the 50058 submission to HUD. All services shall be provided in accordance with all applicable laws and in a manner consistent with industry best practices. The Housing Authority reserves the right to increase or decrease the amount of cases assigned to the Contractor on a monthly basis. EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 11 The Contractor shall SAHA’s housing software, forms, letters, systems, reports and e-mail addresses. The format of all agency forms and letters sent to Housing Authority clients shall be approved by the Housing Authority. SAHA utilizes MRI HAPPY software. The Contractor logo shall appear on formal status reporting to the Housing Authority and monthly billings; all other materials produced by the Contractor will appear as though they are Housing Authority materials. The Contractor will use HUD’s five levels of verification. Contractor will access EIV to verify income. When “Up Front Income Verification” is not available, Contractor will send employment verification forms to employers via fax, mail and email. If the Contractor is unable to obtain “Written Third Party” verification, the Contractor will contact the employer via telephone for an “Oral Third Party”. HUD Waivers adopted by the Housing Authority in response to COVID-19 may also be used in lieu of the income verification hierarchy until such waivers expire. Notation of waivers used must be properly notated in file. The Contractor shall assign a Project Manager to act as the point of contact for the agency regarding the services provided. The Project Manager shall manage and supervise the completion of the services to include but not be limited to the following:  Supervise and conduct quality control reviews of each Contractor-assigned housing specialist’s work.  A sample of 10% of annuals/interims processed on a monthly basis shall be reviewed by the Contractor’s Project Manager. If there are errors found exceeding 2% an additional 5% shall be reviewed.  Communicate with the agency’s contract managers for all HCV, Mainstream, and VASH programs to provide timely updates, so Contractor can ensure that all deadlines are met and all applicable agency policies and procedures are followed.  Provide Housing Authority with a monthly status report.  Troubleshoot issues on behalf on Contractor’s staff such as IT issues related to remote access to systems, and coordinate with the agency’s IT staff or contract managers directly in order to resolve such issues timely when necessary. EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 12 TO BE INCLUDED IN PROPOSAL EXHIBIT B REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE Certification – I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work requirements. I am familiar with all of the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the Housing Authority for clarification prior to the submission of my proposal. FEE SCHEDULE Please provide a proposed fee schedule. LEGAL NAME OF COMPANY PHONE AND FAX NUMBER BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 13 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company ____________________________________ This endorsement modifies such insurance as is afforded by the provisions of Policy # ___________________ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as part of Policy # Issued to Name Insured Countersigned by: Authorized Representative EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 14 TO BE INCLUDED IN PROPOSAL EXHIBIT D REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM List and describe fully the contracts performed by your firm that demonstrate your ability to provide the services included in the scope of services. Attach additional pages if required for additional references. The Housing Authority reserves the right to contact each of the references listed for additional information regarding your firm’s qualifications. Reference No. 1 Customer Name: Contact Individual: Address: Phone Number: E-mail: Contract Amount: Year: Description of case management services provided: Reference No. 2 Customer Name: Contact Individual: Address: Phone Number: E-mail: Contract Amount: Year: EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 15 Description of case management services provided: Reference No. 3 Customer Name: Contact Individual: Address: Phone Number: E-mail: Contract Amount: Year: Description of case management services provided: EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 16 TO BE INCLUDED IN PROPOSAL EXHIBIT E REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM PROPOSAL & CONTRACT AGREEMENT PROPOSER’S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the Housing Authority of the City of Santa Ana (hereinafter “the Authority”) shall constitute the entire agreement between proposer and the Authority only after it has been accepted by the Authority, endorsed by the Recording Secretary with his/her signature and official seal noting here on the action of approval of the Council / Housing Authority, signed by the Executive Director or his/her duly authorized agent, and signed by the Authority General Counsel, denoting his/her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the Authority all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and the Authority’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the Authority and shall be considered as payment of damages due to the delay and other causes suffered by the Authority because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the Authority is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non-Discrimination by Owners, and the Workers’ Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. FIRM SIGNED AND PRINTED NAME TITLE DATE EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 17 TO BE INCLUDED IN PROPOSAL EXHIBIT F REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or any other protected class. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, national origin or any other protected class. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or any other protected class. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 18 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Contractor may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected class, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME TITLE DATE EXHIBIT 1 Housing Authority of the City of Santa Ana Request for Proposals for Case Management Services Page 19 TO BE INCLUDED IN PROPOSAL EXHIBIT G REQUEST FOR PROPOSALS (RFP) FOR CASE MANAGEMENT SERVICES FOR THE HOUSING CHOICE VOUCHER PROGRAM PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the HOUSING AUTHORITY OF THE CITY OF SANTA ANA, In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 _____, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal EXHIBIT 1 1 CONSULTANT AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA AND NAN MCKAY AND ASSOCIATES, INC. THIS AGREEMENT, made and entered into this 4th day of May, 2021, by and between Nan McKay and Associates, Inc. (NMA), a California corporation (“Consultant”), and the Housing Authority of the City of Santa Ana, a public body, corporate and politic (hereinafter “Authority” or “City”). RECITALS A.On February 22, 2021, the Authority issued a Request for Proposals (RFP #21-026) for annual reexamination with call center services for the Housing Choice Voucher Program from qualified, licensed, and insured entities to provide remote annual reexamination with call center services to a portion of the agency’s Housing Choice Voucher, Mainstream Voucher, VASH, and/or Foster Youth to Independence households. The terms and requirements of RFP #21-026 shall be incorporated herein by reference. B.Consultant represents that Consultant is able and willing to provide such annual reexamination with call center services to the Authority subject to the terms of this Agreement. C.Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the Authority, and will comply with the Housing Choice Voucher Program Regulations. D.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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 Pursuant to this Agreement, Consultant will provide annual reexamination with call center services for the Authority’s Housing Choice Voucher Program, as set forth in Exhibit A attached hereto and incorporated herein. EXHIBIT 2 2 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000) during the term of this Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a three (3) year term, through April 30, 2024, unless terminated earlier in accordance with Section 11, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant 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, a joint venture relationship, or to allow the Authority to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in EXHIBIT 2 3 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees 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 Consultant’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 t o bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City Attorney. 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. c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: EXHIBIT 2 4 (i) Consultant 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 furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant 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 th e right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 direct or indirect operations of the Consultant or its contractors, 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, damage s, just compensation, 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 Consultant 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due t o personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant’s knowledge, Consultant’s execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. EXHIBIT 2 5 B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant’s performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant expends Seven Hundred and Fifty Thousand Dollars ($750,000.00) or more in federal funds, Consultant shall have a single audit or program specific 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. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant’s office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the Housing Choice Voucher Program EXHIBIT 2 6 regulations. 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 City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above-referenced documents available within the City of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and/or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 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. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City-assisted activity of Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an agent, employee, consultant, officer, or elected or appointed official of City, or of any designated public agency, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug- free workplace policy: EXHIBIT 2 7 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 Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. 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. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, national origin, disability, religion, sex or other protected class will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Further, any conflict or potential conflict of interest of any employee/officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. EXHIBIT 2 8 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. 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 Consultant 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 is not embodied herein. 10. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 11. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Housing Choice Voucher Program funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. EXHIBIT 2 9 D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 12. VENUE/JURISDICTION 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. 13. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 14. 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 facsimile 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, California 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 EXHIBIT 2 10 Santa Ana, California 92702 Facsimile (714) 647-6515 To Consultant: Emily Frampton, Project Manager Nan McKay and Associates, Inc. 1810 Gillespie Way, Suite 202 El Cajon, California 92020 Phone: (800) 783-3100 15. MISCELLANEOUS PROVISIONS a. 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 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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party 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. EXHIBIT 2 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: HOUISNG AUTHORITY OF THE CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ STEVEN A. MENDOZA Housing Authority Recording Secretary Executive Director APPROVED AS TO FORM: CONSULTANT SONIA R. CARVALHO Nan McKay and Associates, Inc. (NMA) Authority General Counsel By: _____________________ By:_______________________ Ryan O. Hodge Dorian Jenkins Assistant Counsel Vice President, Program Management Tax ID #41-1381008 DocuSign Envelope ID: 90E3E2B3-A644-459F-8DF2-D5859CD52357 EXHIBIT 2 12 EXHIBIT A SCOPE OF SERVICES EXHIBIT 2 Request for Proposals Annual Reexamination Services Nan McKay & Associates, Inc. 2 1. SCOPE OF SERVICES Annual Reexaminations  Initiate annual reexamination process 95–120 days before effective date;  Complete transactions via mail, email, or fax;  Contact clients regarding missing documents (e.g., follow-up calls, emails, and letters/notifications);  Transfer completed documents to the Housing Authority of the City of Santa Ana (SAHA) in digital format;  Conduct thorough review of Application for Continued Eligibility (ACE);  Follow HUD’s verification hierarchy to verify income and assets;  Complete calculations;  Determine if repayment agreement (RPA) is needed, and if so, refer to SAHA;  As applicable, communicate outcomes via NMA’s portal, email, and mail at least thirty (30) days before the transaction effective date; and  Document all transactions in NMA’s tracking tool and SAHA’s software system. Call Center  NMA will respond directly on behalf of SAHA on general complaints and questions; and  Provide a direct line for HCV clients to call regarding their case. EXHIBIT 2 Request for Proposals Annual Reexamination Services Nan McKay & Associates, Inc. 3 2. QUALIFICATION FEE SCHEDULE Pricing includes remote services only and is contingent upon SAHA’s ability to grant NMA adequate remote systems and file access. NMA will invoice SAHA for actual postage and mailing expenses incurred related to the performance of the proposed services. Remote Service Cost Annual Reexaminations with Call Center $106.00 per transaction plus $29.09 per hour for call center Annual Reexaminations only $116.00 per transaction EXHIBIT 2