HomeMy WebLinkAboutS.A. PRCSA HOMELESS/UTILITY 1 - 2005
A-2005-061
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AUG 3ll D.
EMERGENCY SHELTER GRANT
MEMORANDUM OF UNDERSTANDING
WITH THE PARKS, RECREATION & COMMUNITY SERVICES AGENCY
(Homeless Prevention/Utility Assistance)
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THIS ESG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING ("MOU")
is made as of the ~ day of Ap,,-; I , 2005, by and between the City of Santa
Ana, a charter city and municipal corporation ("City") and the Parks, Recreation and Community
Services Agency of the City ("Subrecipient").
RECITALS
A. City is the recipient of Emergency Shelter Grant ("ESG") funds from the United
States Department of Housing and Urban Development ("HUD") pursuant to the Stewart B.
McKinney Homeless Assistance Act: Emergency Shelter Grants Program 42 USC 11331 et seq.
B. Subrecipient is an entity of City and is engaged in administration of City's overall
ESG program and seeks to provide the services described in Exhibit A (Scope of Work) in
accordance with the schedule of performance included therein, hereinafter referred to as "said
Program". Subrecipient represents that it is qualified and willing to operate said Program and
certifies that the activities carried out with funds provided under this Agreement will meet one or
more of the ESG program's National Objectives (24 CFR Part 570.208).
C. Subrecipient represents that it has expertise and experience in the provision of
emergency shelter programs for the homeless and is willing to use said federal funds to operate
said program.
D. Subrecipient agrees to assist homeless individuals and families in obtaining:
appropriate supportive services including, but not limited to, temporary and permanent housing,
medical health treatment, mental health treatment, couuseling supervision and other services
essential for achieving independent living, as well as other federal, state, local and private
assistance available for such individuals.
E. Subrecipient agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit B. Failure to follow the measurements and meet the stated
outcomes may constitute breach of contract that could result in termination of this Agreement or
serve as reason for the City to recapture the grant funds awarded to Subrecipient pursuant to this
Agreement.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants and conditions herein contained, the parties hereto agree as follows:
1. Sub recipient's Services.
A. Statement of the Work. Subrecipient shall utilize City's ESG funds to
provide for its administration of City's overall ESG program and support of its Program as
described in Exhibit A.
B. Standard of Care. As a material inducement to City to enter into this
MOU, Subrecipient hereby represents and warrants that it has the experience necessary to
undertake the services to be provided as set forth in Exhibit A.
C. Compliance with Laws/Program Income. Subrecipient acknowledges that
the funds being provided by City for said program are received by City pursuant to applicable
ESG guidelines and that expenditures of these funds shall be in accordance with the ESG
guidelines and all pertinent regulations issued by agencies of the federal government.
Subrecipient agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement, and all Program
Requirements. Program income received by Subrecipient shall be returned to City unless
otherwise provided for in this Agreement. Subrecipient agrees to comply fully with all federal,
state and local laws and court orders applicable to its operation whether or not referred to in this
Agreement.
D. Performance Monitoring. City shall monitor the performance ofthe
Subrecipient against goals and performance standards required herein. Substandard
performance as determined by the City will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the City, contract suspension or termination
procedures will be initiated.
2. Term of MOD. Subrecipient shall provide its services under this MOD for a 12
month period commencing on July 1,2005 through June 30, 2006.
3. Budget. Subrecipient agrees to complete said Program on or before June 30,
2006 and to use said funds to pay for necessary and reasonable costs allowable under the federal
law and regulations to operate said program. Other allowable program costs are detailed in the
Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein.
Subrecipient shall use all income received from said funds only for the same purposes for which
said funds may be expended pursuant to the terms and conditions of this Agreement. No
budgetary changes shall occur without City's prior approval. Subrecipient hereby certifies and
agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or
gifts.
4. Compensation. Amount of Grant; Ouarterlv Disbursement and Match Funds.
The amount granted to Subrecipient is $15,000 ("ESG FUNDS"), and such funds shall be
expended by Subrecipient on or before , 2006. The ESG FUNDS shall be
disbursed by City to Subrecipient on a quarterly basis, subject to and upon receipt and approval
of a complete quarterly activity report, with the final payment subject to the satisfaction of the
condition precedent of submittal of complete reporting information due on or before July 15 of
the applicable funding year, as hereinafter more fully set forth. Subrecipient shall be obligated to
perform such duties as would normally extend beyond the term, including but not limited to
obligations with respect to indemnification, audits, reporting, data retention/reporting, and
accounting.
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In accordance with 42 USC l1375(a), Subrecipient agrees to match all federal funds
provided by City to Subrecipient with an equal amount of funds from sources other than these or
other ESG funds. Subrecipient cannot use ESG funds from other jurisdictions in order to meet
this match requirement. Match documentation showing new, previously unused match dollars,
must be provided with each quarterly report.
5. Program Evaluation and Review/Common Rule. Subrecipient shall make
performance, financial and all other records pertaining to this MOU available to all City and
HUD personnel. City and HUD personnel may inspect and monitor Subrecipient's facilities and
program operations, including the interview of Subrecipient's staff and program participants.
Subrecipient agrees to submit to City or HUD all data necessary to complete the Annual Grantee
Performance Report in accordance with HUD requirements and in the format and at the time
designated by City or HUD Project Directors or their designees. Pursuant to CFR 85.40(a), the
City manages the day-to-day operations of each grant and sub grant supported activities. City
staff has detailed knowledge of the grant program requirements and monitors grant and subgrant
supported activities to assure compliance with Federal requirements. Such monitoring covers
each program, function and activity and performance goals are reviewed periodically.
6. Non-Discrimination and Eqnal Employment Opportunity. In the performance
of this MOU, Subrecipient shall not discriminate against any employee, subcontractor or
employment applicant because of race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient
will take affirmative action to ensure that employees are treated without regard to their race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition or sexual orientation.
7. Record KeepinglReporting. Subrecipient shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under the ESG Regulations, including the following:
(1) Records
a. Documentation evidencing income level of persons and/or families
participating in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, age of children, seniors, income
verification.
d. Documentation ofhomelessness pursuant to 42 U.S.C. l1374(a)(4)
and 24 CFR 576.21.
e. Documentation of all ESG FUNDS received from CITY.
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f. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which ESG FUNDS were expended, and payment
therefor.
g. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the ESG REGS.
(2) Reports
a. Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January, April and
July, Subrecipient shall submit both: an original invoice and true copies of
invoices, receipts, agreements, copies of any and all contracts or documents
pertaining to costs for subcontractors or other documentation supporting
and evidencing how the ESG Funds have been expended during the
applicable quarter.
b. Quarterly Activity Report: Subrecipient agrees to keep monthly records of all
ethnic and racial statistics of persons and families benefited by Subrecipient in the
performance of its obligations under this Agreement, including, but not limited to, the
number oflow and moderate income persons and households assisted in accordance with
federal income limits, the number of female heads of households assisted, new program
information and year-to-date program statistics on expenditures, caseload and activities.
c. Quarterly certification of match, plus documentation of match
source.
d. Any such other reports as City (or HUD) shall reasonably require
and/or request, including but not limited to the following information:
monthly records of all ethnic and racial statistics of persons and families
benefited by Subrecipient in the performance of its obligations under this
Agreement, including, but not limited to, the activities, program
accomplishments, new program information, match fund certification and
current program statistics on expenditures, caseload and activities. When
appropriate, pictures/slides should be included.
8. Conditions On Provisions Of Development And Implementing Homeless
Prevention Activities
In addition to, and not in substitution for, other provisions of this Agreement regarding
said program using federal funds, SUBRECIPIENT:
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A. Represents that it is, or may be deemed to be, a Homeless Prevention Program
[24 eFR 576.21(a)(4)] and will implement homeless prevention activities subject to the
limitations in 42 use I 1374(a)(4);
Agrees that, in connection with said program, if ESG funds are to be used to assist
families that have received eviction notices or notices of termination of utility services, the
following conditions will be met:
I. The inability of the family to make the required payments must be the
result of a sudden reduction in income;
2. The assistance must be necessary to avoid eviction of the family or
termination of services to the family;
3. There must be a reasonable prospect that the family will be able to resume
payments within a reasonable period oftime; and
4. The assistance must not supplant funding for preexisting homeless prevention
activities from any other source.
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9. Revenue Disclosure Requirement. Subrecipient shall make available all books
and records pertaining to each project or business activity that is funded by ESG Funds under
this MOU for inspection and audit by HUD's representatives, upon request, at any time during
the term of this MOU and during a period of 5 years thereafter. All such books and records shall
be maintained by Subrecipient at a location in Orange County. Failure of Subrecipient to comply
with the requirements of this section shall constitute a material breach for which City may
terminate or suspend this MOO.
10. Audit Report Requirements. Subrecipient agrees that if Subrecipient receives
Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Subrecipient shall
have an annual audit conducted by a certified public accountant in accordance with the standards
as set forth and published by the United States Office of Management and Budget. Subrecipient
shall provide City with a copy of said audit by October I of the year following the program year
in which this Agreement is executed.
11. Termination. This Agreement may be terminated in accordance with Federal
Register 24 CFR Part 576 as follows: (a) on thirty (30) days' written notice by either party; (b)
upon five (5) days' written notice for violation of Federal Laws governing the use ofESG Funds
by Subrecipient; (c) terminated for convenience; and (d) terminated due to the non-performance of
Subrecipient and/or failure of Subrecipent to perform the work described in Exhibits A and B or
failure to meet the performance standards and program goals set forth therein. In the event of any
such termination, Subrecipient shall only be entitled to reimbursement for approved expenses
incurred to the effective date of termination and any and all funds not used must be returned to
City per the paragraph below.
12. Homeless Involvement. Subrecipient certifies that it will involve, to the
maximum extent practicable, homeless individuals and families in constmcting, renovating,
maintaining, and operating facilities assisted under the ESG program, and in providing services
for occupants ofthese facilities [24 CFR 576.56(b); 42 USC 11375(d)].
13. Exhibits. All documents referenced as exhibits in this MOU are hereby
incorporated in this MOU, including Exhibits A and B.
14. Entire Agreement. This MOU, and all other documents incorporated herein by
specific reference, represent the entire and integrated agreement between City and Subrecipient.
This MOU supersedes all prior oral or written negotiations, representations or agreements. This
MOU may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the parties that expressly refers to this MOU.
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IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the date first written above.
ATTEST:
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By(- ~. ...
''---4'atricia E. Healy
Clerk ofthe Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: d: r.~-L
Lisa E. Storck
Assistant City Attorney
CITY OF SA;T'jANA
By: ~4 t2~
David N. Ream
City Manager
"SUBRECIPIENT"
CITY OF SANTA ANA
Parks, Recreation and Community
Services Agency
By:
~
Gerardo Mouet
Executive Direct r
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CITY OF SANA ANA
EMERGENCY SHELTER GRANT
Scope of Work
Annual Accomplishment Goal
I. Total number of clients anticipated to be served during 12-month contract
period= 380 PERSONS
II. Number of unduplicated Santa Ana residents to be served with grant funds during the 12-
month contract period = _380 PERSONS
III. Indicate below one City performance outcome that the sub-recipient will be tracking with a
check mark in the appropriate box.
HOMELESS NEEDS
I Activitv/Pr02ram
Homelessness
D Prevention
D
Emergency Shelter
D
Transitional Housing
~
Supportive Services
Outcome Trackin2
Track assisted individuals who retained
their housing or utilities for at least 6
months after assistance was provided.
Track individuals who received support
services that were linked to one or more
additional support service and/or
appropriate housinu.
Track homeless individuals who
participated in transitional housing
program that were placed in permanent
housino.
Track individuals who received support
services that were linked to one or more
additional support service and/or
appropriate housing.
Goal I
50% of assisted individuals and
households will retain their housing or
utilities for at least 6 months after
assistance is provided.
50% of individuals/households that are
provided with emergency shelter will
transition to interim housing (i.e.,
transitional housing).
5% of homeless individuals participating
in transitional housing program will be
placed in permanent housing.
50% of individuals/families receiving
support services will be linked to one or
more additional support service and/or
appropriate housing.
IV. Description of Work - in space below, describe the program to be funded during the 12-
month contract period including, services to be provided, program goals, client
characteristics, & how grant funds will be utilized.
The grant funds will be utilized to assist ninty-five families with their utility bills such as water,
gas, light, rent or mortgage. The program goal is to prevent homelessness and keep families in
their homes.
ExA
Schedule of Performance
Estimate the number of un duplicated Santa Ana residents to be served during the 12-month
contract period per quarter:
Quarter 1: July I - September 30
Quarter 2: October I - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
Invoicinf! Schedule
Total
95
95
95
95
380
Persons
Persons
Persons
Persons
Persons
Estimate the amount of grant funds to be requested during the 12-month contract period on a
quarterly basis:
Quarter 1: July I - September 30
Quarter 2: October I - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
$
$
$
$
Total $
EXHIBIT A
3750
3750
3750
3750
15,000
2005-2006
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT BLOCK GRANT
FINAL PROGRAM BUDGET
Organization Name: City of Santa Ana Parks, Recreations and Community svcs aqenCV
Program Name: Utilities assistance Proqram
Program Year: _2005-2006
CATEGORY SANTAANACDBG OTHER TOTAL PROGRAM
GRANT RESOURCES BUDGET
Administrative Staff $ $8050 $8050
Salaries & Benefits
Program Staff Salaries & 6750 6750
Benefits
Office Supplies 200 200
Rent/Lease
Communications
Utilities
Co ntractual/Professio nal
Services
(Please Specifv)
Insurance
Other (Please Specify)
Utility assistance /
Homeless Prevention 15,000 15000
TOTAL $15000 $15000 $30000
EXPENDITURES
OTHER PROGRAM RESOURCES
ACTUAL FUNDING SOURCE AMOUNT
General Fund $8250
Fact Grant 6750
TOTAL $15000
EXHIBIT B
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) 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 ofa
Member of Congress in cOlmection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Fonn to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation offact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(\t~ ~jo ~a
Grante C tactor Organization
Name of Certifying Officer
Signature
Date
EXHIBIT C
Page 1 of2
SUB RECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis-Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
,
EXHIBIT C
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