HomeMy WebLinkAboutItem 23 - HEAP Subcontractor Agreement with Orange County United Way Community Development Agency
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Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 6, 2021
TOPIC: HEAP Subcontractor Agreement with Orange County United Way
AGENDA TITLE:
Approve HEAP Subcontractor Agreement with Orange County United Way for Landlord
Incentive Program for Foster Youth to Independence Housing Voucher Holders.
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Orange County United Way to
utilize Homeless Emergency Aid Program (HEAP) funds in an amount not to exceed
$184,544.29 to provide landlord incentives for Foster Youth to Independence vouchers
issued by the Housing Authority, subject to non-substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
In an effort to jumpstart the lives of foster youth who will receive a Foster Youth to
Independence voucher, the City is recommending to use a portion of the HEAP funds to
provide incentives to landlords to accept these unique Vouchers. In 2018, the City of
Santa Ana received $3,690,885.84 in HEAP grant funds from the State of California to
address immediate homeless challenges. Five percent or $184,544.29, of the grant must
be used to establish or expand services meeting the needs of homeless youth or youth
at risk of homelessness. The Santa Ana Housing Authority (“SAHA”) was recently
awarded Foster Youth to Independence (“FYI”) housing vouchers for young adults under
the age of 25 who are, or have recently left, the foster care system without a home to go
to and are at extreme risk of experiencing homelessness. SAHA has partnered with the
Orange County United Way to engage approximately 14 youth applicants eligible for FYI
housing vouchers through WelcomeHomeOC, the United Way’s landlord incentive
program that matches voucher holders with available units. Linking with the United Way,
the HEAP grant funds will be utilized to support incurred costs related to leasing up the
new FYI voucher holders, including property owner signing bonuses, security deposits,
application fees, furnishings, holding fees, moving costs, utility deposits, renter’s
insurance, and a damage mitigation fund which is estimated to cost approximately
$15,000 per voucher holder.
HEAP Subcontractor Agreement with Orange County United Way.
April 6, 2021
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FISCAL IMPACT
Funds in the amount of $184,544.29 are available in the Homeless Emergency Aid
Program grant, Payment to Subagent account (no. 12218700-69135) for expenditure in
the current fiscal year.
EXHIBIT(S)
1. HEAP Subcontractor Agreement between the City of Santa Ana and Orange County
United Way
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
1
HOMELESS EMERGENCY AID PROGRAM
SUBCONTRACTOR AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
ORANGE COUNTY UNITED WAY
THIS GRANT AGREEMENT (“HEAP Agreement”), is hereby made and entered into
this April 6, 2021, by and between the City of Santa Ana, a public body, corporate and politic
(“Contractor”), and Orange County United Way, a California nonprofit organization
(“Subcontractor”).
RECITALS:
A.Pursuant to Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of
the Health and Safety Code, and all other relevant provisions established under
SB850 (Chapter 48, Statutes of 2018), the State of California has established the
Homeless Emergency Aid Program (“HEAP”). HEAP is administered by the
California Homeless Coordinating and Financing Council in the Business, Consumer
Services and Housing Agency. HEAP provides one-time flexible block grant funds
to Administrative Entities to address their immediate homelessness challenges.
B. Contractor is the recipient of HEAP funds from the State of California. In 2018,
Contractor entered into Agreement Number 18-HEAP-00007 with the State of
California receiving and recognizing $3,690,885.84 in HEAP grant funds to be used
by Contractor to address immediate homeless challenges (“State HEAP Agreement”).
A true and correct copy of the State HEAP Agreement is attached hereto as Exhibit
A and incorporated herein by this reference.
C. $184,544.29 in HEAP grant funds must be used to establish or expand services
meeting the needs of homeless youth or youth at risk of homelessness. Subcontractor
has partnered with Santa Ana Housing Authority to engage approximately 14 youth
applicants eligible for Foster Youth to Independence (FYI) vouchers beginning April
1, 2021. Subcontractor operates the WelcomeHomeOC Program which matches
voucher holders with available units. HEAP grant funds will be used to incentivize
property owners to rent to the homeless youth voucher holders.
D. Subcontractor has been made aware of the State HEAP Agreement and agrees to
comply with all the conditions of the State HEAP Agreement and the applicable State
requirements governing the use of HEAP grant funds.
E. Subcontractor represents that it has the requisite qualifications, expertise, and
experience in the provision of the Program and is willing to use said HEAP funds to
operate said Program.
NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals
are a substantive part of this HEAP Agreement, and the following terms and conditions are
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approved and together with all exhibits and attachments hereto, shall constitute the entire HEAP
Agreement between the Contractor and Subcontractor:
1. SCOPE OF SERVICES
Subcontractor shall perform during the term of this HEAP Agreement, the tasks and
obligations, including all labor, materials, tools, equipment, and incidental customary work
required to fully and adequately complete the services necessary for the Program, in accordance
with the Scope of Work attached hereto as Exhibit B.
2. TERM
This HEAP Agreement shall take effect on the date first written above and shall terminate
on June 30, 2021, unless otherwise cancelled or modified according to the terms of this HEAP
Agreement.
3. DISBURSEMENT AND FUNDS
A. Contractor was allocated $184,544.29 in HEAP funds from the State of California
to be expended by June 30, 2021 to establish or expand services meeting the needs of homeless
youth or youth at risk of homelessness. Contractor shall make payments to Subcontractor based
on reimbursement of expenses, as detailed in Exhibit B, up to the maximum amount of eligible
funding. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as
provided herein.
B. Subcontractor shall submit invoices (on or before the 15th day of April, May and
June) in a form prescribed by the Contractor, detailing such expenses. Such schedule may be
modified with the approval of the Contractor.
C. Payment is subject to the receipt and approval of such invoices. Contractor shall
pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied
that such expenses have been incurred within the scope of this HEAP Agreement and that the
Subcontractor is in compliance with the terms and conditions of this HEAP 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 will cause the Contractor
to withhold all or a portion of a request for reimbursement until such documentation has been
received and approved by the Contractor.
D. Subcontractor agrees to use said funds pursuant to this HEAP Agreement to pay
for costs allowable under state law and regulations to operate said HEAP Program only. Said
amounts shall include and will be limited to the operation of landlord incentives for the
WelcomeHomeOC program only. Subcontractor’s failure to perform as required may, in addition
to other remedies set forth in this HEAP Agreement, result in readjustment of the amount of funds
the Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or
termination of this HEAP Agreement.
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4. RESERVED
5. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire term of this HEAP Agreement, be construed to be
an independent contractor and not an employee of the Contractor. This HEAP Agreement is not
intended nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the Contractor to exercise discretion or control over the professional
manner in which Subcontractor performs the services which are the subject matter of this HEAP
Agreement; however, the services to be provided by Subcontractor shall be provided in a manner
consistent with all applicable standards and regulations governing such services. Subcontractor
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.
6. OWNERSHIP OF MATERIALS
This HEAP Agreement creates a non-exclusive and perpetual license for Contractor 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 Subcontractor under this HEAP Agreement (“Documents
& Data”). Subcontractor shall require all subcontractors to agree in writing that Contractor is
granted a non-exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this HEAP Agreement. Subcontractor represents and warrants that Subcontractor
has the legal right to license any and all Documents & Data. Subcontractor makes no such
representation and warranty in regard to Documents & Data which were provided to
Subcontractor by the Contractor. Contractor shall not be limited in 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 HEAP Agreement shall be at Contractor’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this HEAP Agreement, Subcontractor
shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Subcontractor shall maintain
commercial general liability insurance naming the Contractor, 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
Subcontractor’s operations in the performance of this HEAP 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
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therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with
$2,000,000 in the aggregate. Such insurance shall (a) name the Contractor, its officers,
employees, agents, and representatives as additional insured(s); (b) be primary and not
contributory with respect to insurance or self-insurance programs maintained by the Contractor;
and (c) contain standard separation of insureds provisions.
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
3700 of the Labor Code, Subcontractor, if Subcontractor 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 HEAP Agreement, Subcontractor agrees to
obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per
accident.
d. If Subcontractor 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.
e. The following requirements apply to the insurance to be provided by
Subcontractor pursuant to this section:
i. Subcontractor shall maintain all insurance required above in full force and
effect for the entire period covered by this HEAP Agreement.
ii. Certificates of insurance shall be furnished to the Contractor upon
execution of this HEAP Agreement and shall be approved by the
Contractor.
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 Contractor.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this HEAP Agreement, the
amounts provided by the certificates of insurance shall be incorporated by
reference into the HEAP Agreement.
v. Subcontractor shall supply Contractor with a fully executed additional
insured endorsement.
f. If Subcontractor fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the Contractor with required proof that insurance has
been procured and is in force and paid for, the Contractor shall have the right, at the Contractor’s
election, to forthwith terminate this HEAP Agreement. Such termination shall not affect
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Subcontractor’s right to be paid for its time and materials expended prior to notification of
termination. Subcontractor waives the right to receive compensation and agrees to indemnify the
Contractor for any work performed prior to approval of insurance by the Contractor.
8. INDEMNIFICATION
Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its
officers, agents, employees, contractors, 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 negligent operations of the Subcontractor, its subcontractors, agents, employees,
or other persons acting on its behalf which relates to the services described in section 1 of this
HEAP Agreement; and (2) from any claim that personal injury, damages, just compensation,
restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
HEAP 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 HEAP Agreement. The Subcontractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the Contractor, including fees and costs for special
counsel to be selected by the Contractor, regarding any action by a third party challenging the
validity of this HEAP 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
terms of, or effects arising from this HEAP Agreement. Contractor may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Subcontractor’s services are subject to Civil Code Section 2782.8, the
above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Subcontractor.
9. RECORDS
Subcontractor shall keep records and invoices in connection with the work to be
performed under this HEAP Agreement. Subcontractor shall maintain complete and accurate
records with respect to the costs incurred under this HEAP Agreement and any services,
expenditures, and disbursements charged to the Contractor for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Subcontractor
under this HEAP Agreement. All such records and invoices shall be clearly identifiable.
Subcontractor shall allow a representative of the Contractor to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this HEAP
Agreement during regular business hours. Subcontractor shall allow inspection of all work, data,
documents, proceedings, and activities related to this HEAP Agreement for a period of three (3)
years from the date of final payment to Subcontractor under this HEAP Agreement.
10. CONFIDENTIALITY
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If Subcontractor receives from the Contractor information which due to the nature of
such information is reasonably understood to be confidential and/or proprietary, Subcontractor
agrees that it shall not use or disclose such information except in the performance of this HEAP
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 includes not only
written information, but also information transferred orally, visually, electronically, or by other
means. Confidential information disclosed to either party by any subsidiary and/or agent of the
other party is covered by this HEAP 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 Subcontractor disclosed in a publicly available source; (c)
is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is
required to be disclosed by operation of law; or (e) is independently developed by the
Subcontractor without reference to information disclosed by the Contractor.
11. CONFLICT OF INTEREST CLAUSE
Subcontractor 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 HEAP Agreement.
12. NON-DISCRIMINATION
Subcontractor 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. Subcontractor affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This HEAP Agreement represent the complete and exclusive statements between the
Contractor and Subcontractor, and supersede any and all other agreements, oral or written,
between the parties. This HEAP Agreement may not be modified except by written instrument
signed by the Contractor and by an authorized representative of Subcontractor. 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 Subcontractor or the
Contractor. Each party to this HEAP 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.
14. ASSIGNMENT
Inasmuch as this HEAP Agreement is intended to secure the specialized services of
Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the Contractor and any such assignment, transfer,
delegation or subcontract without the Contractor's prior written consent shall be considered null
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and void. Nothing in this HEAP Agreement shall be construed to limit the Contractor’s ability to
have any of the services which are the subject to this HEAP Agreement performed by Contractor
personnel or by other Subcontractors retained by Contractor.
15. TERMINATION
This HEAP Agreement may be terminated by the Contractor upon thirty (30) days
written notice of termination. In such event, Subcontractor shall be entitled to receive and the
Contractor shall pay Subcontractor compensation for all services performed by Subcontractor
prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require
Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in
such case such work product shall be the property of the Contractor unless prohibited by law,
and Subcontractor consents to the Contractor’s use thereof for such purposes as the Contractor
deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this HEAP Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this HEAP Agreement shall be effective unless it is in writing and
signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure
or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy,
whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so
specifies.
17. JURISDICTION - VENUE
This HEAP 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 HEAP
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 HEAP Agreement.
18. PROFESSIONAL LICENSES
Subcontractor shall, throughout the term of this HEAP 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. Subcontractor shall notify the
Contractor 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
HEAP Agreement.
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19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this HEAP
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:
CONTRACTOR: SUBRECIPIENT:
Terri Eggers Becks Heyhoe
Homeless Services Manager Executive Director
City of Santa Ana United to End Homelessness
Community Development Agency (M-25) Orange County United Way
20 Civic Center Plaza 18012 Mitchell South
P.O. Box 1988 Irvine, CA 92614
Santa Ana, CA 92702-1988 (949) 263-6112
(714) 647-5378 becksh@unitedwayoc.org
(714) 647-6549 FAX
teggers@santa-ana.org
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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this HEAP
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 HEAP Agreement.
{Signatures on following page}
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IN WITNESS WHEREOF, the parties hereto have executed this HEAP Agreement on the date and year
first written above.
ATTEST THE CITY OF SANTA ANA
_____________________________________________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM ORANGE COUNTY UNITED WAY
SONIA R. CARVALHO
General Counsel
By:__________________________________________________________
RYAN O. HODGE Emilee Tello
Assistant Counsel Chief Financial Officer
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EXHIBIT A
HEAP Agreement Number 18-HEAP-00007
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EXHIBIT B
SCOPE OF WORK
Subcontractor will utilize $184,544.29 in HEAP funds to support Orange County United Way’s
WelcomeHomeOC landlord incentive program in housing the Santa Ana Housing Authority’s
Foster Youth to Independence (FYI) voucher holders.
WelcomeHomeOC helps homeless individuals with rental vouchers to secure housing in private
market apartments with the goals of (1) increasing available rental units through landlord
outreach, engagement and incentives, (2) reducing the length of time between voucher issuance
and lease up, (3) assisting PHA’s to increase voucher lease up success rate and (4) permanently
housing homeless households.
HEAP will support incurred costs related to supporting the new FYI voucher holders including
security deposits, furnishings, application fees, holding fees, moving costs, utility deposits,
renter’s insurance, property owner bonuses, and mitigation which is estimated to cost
approximately $15,000 per voucher holder.
Contractor shall make payments to Subcontractor based on reimbursement of incurred costs for
each FYI voucher leased, up to the maximum amount of eligible funding. Subcontractor will
provide invoices to the Contractor.
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EXHIBIT C
BUDGET
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