HomeMy WebLinkAbout25G - FUNDING ALLOCATIONSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2008
TITLE:
FUNDING ALLOCATIONS FOR THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM
FISCAL YEAR 2008-2009
~t~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 18' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute
the attached cooperative agreement between the City of Santa Ana and
the Housing Authority of the City of Santa Ana in the amount of
$425,000 for a one-year term for the ongoing administration of the
Tenant-Based Rental Assistance Program, subject to non-substantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute
the attached cooperative agreement with the County of Orange Health
Care Agency in the amount of $824,650 for a one-year term to provide
supportive housing services to HIV/AIDS individuals in the County of
Orange, subject to non-substantive changes approved by the City
Manager and City Attorney.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its Regular Meeting of May 20, 2008, by a vote of 6:0, the Community
Redevelopment and Housing Commission recommended that the City Council:
1. Authorize the City Manager and the Clerk of the Council to execute a
cooperative agreement between the City of Santa Ana and the Housing
Authority of the City of Santa Ana in the amount of $425,000 for a
one-year term for the ongoing administration of the Tenant-Based
Rental Assistance Program, subject to non-substantive changes
approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute a
cooperative agreement with the County of Orange Health Care Agency
in the amount of $824,650 for a one-year term to provide supportive
housing services to HIV/AIDS individuals in the County of Orange,
25G-1
Funding Allocations for HOPWA
June 2, 2008
Page 2
subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
Since 1993, the City of Santa Ana has received federal funds through the
U.S. Department of Housing and Urban Development (HUD) for the Housing
Opportunities for Persons with AIDS (HOPWA) Program to be used
countywide. The HOPWA Program is designed to provide resources and
incentives for long-term comprehensive strategies to meet the housing
needs of persons with Acquired Immune Deficiency Syndrome (AIDS). HUD
has allocated $1,402,000 to the City of Santa Ana for the fiscal year
2008-2009.
Eligible activities for the HOPWA Program includes: 1) new construction,
acquisition and rehabilitation of affordable housing; 2) provision of
tenant-based rental assistance; 3) short-term rental and mortgage payment
assistance to prevent homelessness; 4) supportive social services and
housing information services; 5) technical assistance; and 6)
administrative expenses incurred by jurisdictions coordinating local
programs. In allocating grant funds for eligible activities, the City of
Santa Ana is required to consider the service needs of eligible persons
who reside throughout Orange County, and approve funding for projects
which may be located anywhere within the County.
In order to ensure that the limited funds are prioritized, City staff has
worked closely with the Housing Committee of the Orange County HIV
Planning Council, the HIV Planning Council, and agencies throughout the
County of Orange providing services to the HIV/AIDS community. On
February 11, 2008, a strategic planning meeting was held to determine
priorities for the fiscal year 2008-2009 funds. Representatives from the
Orange County Health Care Agency, service providers from throughout the
county, HIV/AIDS infected and affected individuals and City staff
participated in the meeting.
Based on the strategic planning meeting, the 2008-2009 fiscal year
funding recommendations were established. The recommended funding levels
are: 1) $425,000 to continue the Tenant-Based Rental Assistance Program
with the Housing Authority of the City of Santa who will subcontract with
AIDS Services Foundation Orange County to administer the wait list; 2)
$824,650 to the Orange County Health Care Agency for supportive housing
services to individuals throughout Orange County; 3) $42,060 for
administrative costs; and 4) $110,290 is allocated for future residential
development.
25G-2
Funding Allocations for HOPWA
June 2, 2008
Page 2
FISCAL IMPACT
Funds are available in the HOPWA Program account (account no. 405-140-
6931 and 405-148-6931).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy T. wards Francisco Gutierrez
Assistant irector Executive Director
Community Development Agency Finance & Management Services Agency
NTE/SLB/LF/mlr
060208 HOPWA
25G-3
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
THE SANTA ANA HOUSING AUTHORITY
This Cooperative Agreement entered into this day of July, 2008, which date
is enumerated for purpose of reference only, is by and between the City of Santa Ana
("City") and the Santa Ana Housing Authority ("Project Sponsor'. This Agreement
shall be administered by the City of Santa Ana.
RECITALS:
A. City on behalf of all jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housing and Urban
Development ("HUD's pursuant to .the Housing Opportunities for Persons With AIDS
("HOPWA'~ Program; and
B. City has entered into a HOPWA grant agreement with HUD; and
C. Project Sponsor has provided leadership- and is responsible for planning and
providing comprehensive HN services for clients throughout Orange County and will
maintain the wait list for. the program; and
D. Project Sponsor will provide services to support the Tenant-Based Rental
Assistance Program which consists of financial eligibility of tenants, HQS inspections,
and financial responsibility for housing assistance payments to landlords; and
E. The parties have cooperatively written and agree to an Administrative Plan
which identifies guidelines for the operation of the HOPWA Tenant-Based Rental
Assistance Program.
NOW, THEREFORE, the parties mutually agree as follows:
I. ALTERATION OF TERMS
A. The parties anticipate that this Agreement may be amended, or followed by additional
agreements, to implement additional services and funding of the type covered by
this Agreement.
B. This Agreement fully expresses all understanding of City and Project Sponsor
with respect to the subject matter of this Agreement, and shall constitute
the total Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement, whether written or verbal, shall be valid
unless made in writing and formally approved and executed by each party.
r
25G-4
II. SERVICES
A. City shall serve as "HOPWA Grantee" for the purpose of contracting with
organizations to provide Tenant-Based Rental Assistance to persons disabled
due to HIV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with the other agencies or contractors within the County, if
deemed necessary and advisable to do so by City; provided however, the
obligations and rights covered by this Agreement shall not be altered or
reduced, except as mutually agreed to in writing by City and Project Sponsor.
C. City shall conduct an ongoing assessment of the Tenant-Based Rental
Assistance Program.
D. Project Sponsor shall assure the adequate provision of. supportive services to
applicants/participants to ensure program success.
E. Project Sponsor shall comply with such other terms and conditions, including
record keeping and reports for. program monitoring and evaluation purposes, as
HUD may establish for purposes of carrying out the program in an effective and
efficient manner. Annual progress reports will be ptepazed by Project Sponsor in
a form consistentwith HUD publications HUD-40110-C (8/94). In addition,
Project Sponsor. shall. forwazd quarterly narrative reports to City identifying
accomplishments as HOPWA Project Sponsor for Tenant-Based Rental
Assistance for persons with HIV disease. These reports are to be submitted in
conjunction with payment/cost reports identified in Section IV of this Agreement
along with a summary of program budgets and fmancial disbursements made
under the terms of this Agreement.
F. "Contract Officers" means the City's Housing Manager or designee and
Project Sponsor's designee.
G. See Attachment I for detailed. services and related cost breakdown.
III. BUDGET
The following budget is an estimate only of the cost of providing the services hereunder
for the term July 1, 2008 through June 30, 2009. This budget may be modified by mutual
written agreement of the Contract Officers.
Administration $ 29,750.00
Housing Assistance Payments/Program Expense $395,250.00
TOTAL (Maximum Obligation) $425,000.00
25dG-5
IV. PAYMENTS/COST REPORT
A. 1) City shall pay Project Sponsor for the actual costs of providing the
administration of services hereunder, whether provided directly by
Project Sponsor, provided, however, the total of all
payments to Project Sponsor shall not exceed the Maximum
Obligation as specified in Section III of the Agreement.
2) City shall draw down HOPWA funds designated for rental subsidy
payments on a monthly basis after receipt of certification of
individual of individual tenant subsidy amounts. After final
approval by City, funds. will be disbursed to landlords.
B. Project Sponsor shall invoice City monthly exclusive of rental subsidy
payments, in arrears, based on the actual cost of providing and contracting for
the services hereunder. City shall payProject Sponsor no later than thirty (30)
days following receipt of such invoice.. Monthly payments aze interim
payments only, and aze subject to final settlement and reconciliation to the
final Cost Report submitted by Project Sponsor. - .
C. All billings by Project Sponsor shall be accompanied by copies of source
documentation including, but not limited to, journals, time sheets, canceled
checks, and records: of cost incurred-by Project Sponsor in the performance of
- this Agreement.
D. At such times and in such a format as.the Contract Officers mutually agree in
writing, Project Sponsor shall prepare and submit to City reports of cost
incurred by Project Sponsor in the performance of this Agreement.
E. The Cost Report(s) -shall be financial and statistical reports(s) submitted by
Project Sponsor to City, and shall serve as the basis for final Settlement of this
Agreement. The Cost Reports(s) shall detail all costs incurred by Project
Sponsor to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by Project
Sponsor to provide services hereunder. If the Cost Report(s) indicates the total
of City's payments to Project Sponsor are less than Project Sponsor's cost to
provide the services hereunder, City shall pay Project Sponsor the difference;
provided, however, the total payment shall not exceed the Maximum
Obligation. If the Cost Report(s) indicates the total of City's payments to
Project Sponsor aze higher than Project Sponsor's cost of providing the
services hereunder, Project Sponsor shall pay City the difference. Payment
due pursuant to the Cost Report(s) shall be made within thirty (30) days of
the Final Settlement determination.
25G-6
G. Any funds not expended by fiscal year end, June 30, 2009 shall be returned to
City. Said unexpended funds shall be reallocated by City through the
HOPWA Program.
V. DISPUTE RESOLUTION
A. Any party may give written notice to the other setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract
Officers on behalf of the parties. The Officers shall have fifteen (15) working days
following such notice to obtain resolution of any issues(s) identified in this manner;
provided, however, by mutual consent: this. period of time maybe extended to thirty
(30) days.
B.
If the OfIcers aze unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the
written notice described above to the Deputy City Manager for Development Services
and to City's Housing.Manager for resolution... If the OfIcers aze unable to prepaze a
joint statement, each shall-submit separate statements to the previously listed within
the thirty (30) day period. Such persons shall meet and make their best effort to
resolve the matter within thirty (30) days following. submission of the statements.
Resolution of the dispute, or~ lack thereof, by the Deputy. City Manager for
Development Services andahe Santa Ana City Managershall be documented in the
form of written correspondence exchanged by.such persons within ten (10) days
following their meeting.
VI. INDEMNIFICATION
Each party agrees to indemnify, defend, and hold harmless the other party, its
ofl7cers, agents and employees from all liability, claims, losses and demands, including
defense costs, whether resulting from court action or otherwise, arising out of the acts or
omissions of the indemnifying party, its ofI•icers, agents or employees or the condition of
property used in the performance of this Agreement.
VII. INSURANCE
With respect to performance of work under this Agreement, Project Sponsor shall
maintain and shall require its subcontractors, if any, to maintain insurance as described
below:
1. Worker's compensation insurance within statutory legal limits, and
2. Commercial General Liability insurance with limits of not less than
$1,000,000 per accident/incident.
Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish
properly executed certificates of insurance and additional insured endorsement to the City
25~-7
which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to
the City; (c) maintain such insurance for the period covered by this Agreement; and (d)
replace such certificates for policies expiring prior to the expiration of this Agreement.
VIII. INSPECTIONS AND AUDITS
A. Any authorized representative of City, the Comptroller General of the United States,
the United States Department of Housing and Urban Development or any of their
authorized representatives, shall have access to City books, documents, records,
which such persons deem pertinent to this Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of
retention set forth in the Records/Co~dentiality paragraph of this Agreement and the
premises in which they are provided.
B. City shall actively participate and cooperate with any persons specified in
subparagraph A above in any. evaluation•or monitoring of the services provided
pursuant to the Agreement, andshall provide the above mentioned persons adequate : .
office space to conduct such evaluation or monitoring.
IX. LICBNSES AND LAW
A. Project Sponsor, its officers, agents, employees, and subcontractors shall, throughout
the term of this Agreement, maintain all necessary licenses, permits, approvals,
certificates, waivers and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations bf the United States, State of
California, City, and any other applicable governmental agencies.
B. Project Sponsor shall comply with .all laws; rules, or regulations applicable to the
services provided hereunder, as any may now exist or be hereafter changed. These
laws, rules, and regulations shall include, but not limited to the following:
1. United States Code (U.S.C.), title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CPR), Title 24, Part 574, Housing
Opportunities for Persons with AIDS.
3. Office of Management and Budget (OMB) Circular No. A-122, Cost
Principles for nonprofit organizations.
4. OMB Circular No. A-133, Audits of Institutions of Higher Education and
Other Nonprofit Institutions.
2~G-8
IX. NONDISCRIMINATION
A. Employment -Project Sponsor warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the Federal Equal Opportunity Commission and all appropriate state
laws and regulations.
B. Services, Benefits, and Facilities -Project Sponsor.and its contractors, shall not
discriminate in the provision of services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital. status, national origin, age, sexual preference,
medical condition, or physical or mental handicap in accordance with Title VI of the
Civil Rights Act of 1964,42 U.S:C. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, .and as otherwise provided by state law and
regulations, as all may now exist or be~hereafter amended or changed.
C. Disabled Individuals -:Project-Sponsor and its contractors agree to comply with the
provisions of Section 504 of.the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as
implemented in 45 CFR 84:1 et seq.), pertaining to the prohibition of discrimination:. .
against qualified handicapped persons in -all programs or activities, as they exist now - .
or may be hereafter amended together with succeeding legislation.
D. Retaliation Project Sponsor and its employees, agents, or contractors. shall not
intimidate, coerce. or take adverse action against any person for the purpose of
interfering with rights secured by federal or state laws, or because such person has ° .
filed a complaint, certified, assisted or otherwise participated in an investigation,
proceeding, hearing or any other activity undertaken to enforce rights secured by
federal or state law.
X. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or
statements authorized or required by this Agreement shall be effective when
written and deposited in the United States mail, first class postage prepaid and
addressed as specified in this Agreement.
B. Termination Notices shall be effective when written and deposited in the United
States mail, certified, return receipt requested, and addressed as specified below.
C. For purposes of this Agreement, any notice to be provided by City maybe given
by Contract Officers.
Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
25~-9
City
City of Santa Ana
Attn: Deputy City Manager for Development Services
20 Civic Center Plaza (M-25)
Santa Ana, CA 92701
Project Sponsor:
Santa Ana Housing Authority
Attn: Linda Foster
20 Civic Center Plaza (M-27)
Santa Ana, CA 92701
XI:.. RECORDS/CONFIDENTIALITY
A. The parties, and any subcontractors, shall prepare and maintain any records required
• by laws, regulations, and.procedures applicable to their responsibilities under this
Agreement.
B. The parties agree to maintain the confidentiality of any records which pertain to this
Agreement in accordance with applicable state. and federal .laws and regulations.
Financial records related.to this Agreement shall be maintained for two (2) years after
• termination of this Agreement:
XIL . SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of
this Agreement contravenes any federal, state or county statute, ordinance, or regulation,
the remaining provisions of this Agreement or the application thereof shall remain valid,
and the remaining provisions of this Agreement shall remain in full force and effect, and
to that extent the provisions. of this Agreement are severable.
XIII. STATUS OF CONTRACTOR
The Housing Authority is, and at all times shall be deemed to be, an independent
contractor and shall be wholly.responsible for the manner in which they perform the
services required by the terms of this Agreement. The Housing Authority is, and at all
times shall be deemed to be, entirely responsible for compensating staff and consultants
employed by the Housing Authority. This Agreement shall not be construed as creating
the relationship of employer and employee, or principal and agent, between City and the
Housing Authority employees, agents, or subcontractors. The Housing Authority
assumes exclusively the responsibility for the acts of its employees, agents or
subcontractors as they relate to the services to be provided during the course and scope of
their employment. The Housing Authority, its agents, employees, or subcontractors, shall
25~-10
not be entitled to any rights or privileges of City employees and shall not be considered in
any manner to be City employees.
XIV. NON-ASSIGNABILITY AND DELEGATION
Project Sponsor shall not assign any rights under this Agreement except
upon written authorization from City.
XV. TERM
The team of this Agreement shall commence July 1, 2008 and terminate June 30,
2009, unless terminated earlier as provided in this Agreement; provided, however, the
Santa Ana Housing Authority shall be obligated to perform such duties as would
normally extend beyond this term, including but not limited to, obligations with respect
to indemnification, audits, reporting and accounting.
• XVI. TERMINATION -
A. Any party may terminate this Agreement, without cause, upon ninety (90) days
written notice given the. other parties.
. B. Any party may terminate this Agreement, upon thirty {30) days written notice given `
the other parties for material breachafter failure to resolve the breach pursuant to the
Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of City and the Housing Authority provided in this
Termination paragraph shall not be exclusive, and are in addition to any other rights
and remedies provided ~by law or under this Agreement.
XVII. THIRD PARTY- BENEFICIARY
No party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVIII. WAVER OF DEFAULT OR BREACH
Waiver of any default the Housing Authority or City shall not be considered
a waiver of any subsequent default. Waiver of any breach by the Housing Authority or
City of any provision of this Agreement shall not be considered a waiver of any
subsequent breach. Waiver of any default of any breach by the Housing Authority or
City shall not be considered a modification of the terms of this Agreement.
25~-11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
stated above.
ATTEST: APPROVED AS TO CONTENT:
Patricia E. Healy David N. Ream
Clerk of the Council City Manager
APPROVED AS TO FORM: HOUSING AUTHORITY
Joseph W. Fletcher
City Attorney
~ ~- ~. ~~~~ Stephen G. Harding
By: Lisa E. Storck Executive Director
Assistant City Attorney
25~-12
COOPERATIVE AGREEMENT
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
This Cooperative Agreement ("Agreement") is hereby entered into for the term of July 1,
2008 through June 30, 2009, by and between the City of Santa Ana, a charter city and
municipal corporation organized under the Constitution and laws of the State of California
("Cit}~') and the County of Orange ("County").
Recitals•
A. City, on behalf of all jurisdictions in Orange County, has been designated to
receive grant funding provided by the U.S. Department of Housing and Urban Development
(HUD) pursuant to the Housing Opportunities for Persons with AIDS (HOPWA) program;
and
B. City has entered into a HOPWA grant agreement with HUD; and
C. County has provided leadership and is responsible for planning, providing and
contracting for comprehensive HTV services and has prepared, in conjunction with the HIV
Planning Council, Orange County's HTV Plan for providing such services; and
D. City wishes•to contract with County in order that County may obtain
supportive housing services by contract for persons with HTV disease, which services shall be
administered and monitored by County; and
E. County is agreeable to rendering such services on the terms and conditions
hereinafter set forth;
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. COUNTY SERVICES
A. County shall serve as "HOPWA Project Sponsor" for the purpose of
contracting with organizations to provide supportive housing services, to persons with
HTV/AIDS residing in Orange County.
B. Nothing in this Agreement shall prevent City from entering into one or more
agreements with other political subdivisions within the County, if deemed necessary and
advisable to do so by City; provided however, the obligations and rights covered by this
Agreement shall not be altered or reduced, except as mutually agreed to in writing by City
and County.
C. County shall utilize competitive bidding and contracting procedures for
supportive housing services as required in HOPWA program regulations. As HOPWA
Project Sponsor, County's responsibilities and payments cover appropriate monitoring and
administration of contracts resulting from competitive bid.
D. County shall ensure that each agency subcontractor receiving funds through
this Agreement operates in accordance with the requirements of the applicable HUD
regulations for the HOPWA Program and other federal, state and local regulations as
appropriate.
---- __ 25C-13 __
E. County shall conduct an ongoing assessment of the supportive housing
services required by the participants in the program.
F. County shall assure the adequate provision of supportive services to the
participants in the program; and
G. County shall comply with such other terms and conditions, including record
keeping and reports for program monitoring and evaluation purposes, as HUD may establish
for purposes of carrying out the program in an effective and efficient manner. Quarterly and
Annual progress reports will be submitted by County within thirty (30) days after the
quarter/year ends in a form consistent with HUD publication HUD-40110-C (11/97) or any
other form that HUD may require. [See Exhibit A (Quarterly Report} and Exhibit B (Annual
Report) attached hereto and incorporated herein by reference]. These reports shall include
copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement,
copies of contracts between County and service providers,. as well as a summary of program
budgets and financial disbursements made under the terms of this Agreement.
H. "Contract Officers" means the County's Health Care Agency Contract
Development and Management Manager or designee and the City's Housing and
Neighborhood Development Manager.
I. County shall ensure that any County Subgrantee/Subcontractor receiving
funds through this Agreement is informed that it must abide by the same terms and
conditions and responsibilities asset forth in this Agreement for the County to follow.
II. BUDGET•
A. The following budget is an estimate only, of the costs of providing the services
hereunder. This budget maybe modified by mutual written agreement of the Contract
Officers. The maximum obligation hereunder is $824,650.
Supportive Housing Services $766,924
Administration* (see B. below) 57.726
$824,650
B. The Administration costs shall be seven percent (7%) of the actual expended
grant funds.
C. All services and expenditures will be performed by June 30, 2009 and invoiced by
August 15, 2009. Any remaining funds under this Agreement will be de-obligated upon
termination of this Agreement.
III. PAYMENTS/COST REPORT
A. City shall pay County for the actual costs of providing the services hereunder,
whether provided directly by County or its subcontractors, provided, however, the total of all
payments to County shall not exceed the Maximum Obligation as specified hereinabove.
B. County shall invoice City monthly, in arrears, based on the actual cost of providing
and contracting for the services hereunder. County shall submit each invoice within thirty
(30) days after the end of each month- City shall pay County no later than thirty (30) days
2~f~
following receipt of such invoice and complete documentation of services performed, cost
and number of persons served, and Monthly Invoice Summary (See Exhibit C attached hereto
and incorporated herein by reference). Final invoice must be submitted by August 15, 2009.
C. All invoices submitted by County shall be accompanied by source documentation
including, but not limited to, journals, time sheets, canceled checks, invoices and records of
services provided.
D. At such times and in such a format as the Contract Officers mutually agree in writing,
County shall prepare and submit to City report(s) of administrative costs incurred by County
in the performance of this Agreement.
E. The Cost Report(s) shall be financial and statistical report(s) submitted by County to
City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s)
shall detail all costs incurred by County to provide services hereunder.
F. Final Settlement shall be based upon the actual costs incurred by County to provide
services hereunder. If the Cost Report(s) indicates the total of City's payments to County aze
less than County's cost to provide the services hereunder, City shall pay County the
difference; provided, however, the total payment shall not exceed the Maximum Obligation.
Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final
Settlement determination.
IV. DISPUTE RESOLUTION
A. Either party may give written notice to the other, setting forth in specific terms the
existence and nature of any unresolved matter or concern related to the purposes and
obligations of this Agreement. Such notice shall be provided by and to the Contract Officers
on behalf of the parries. The Officers shall have fifteen (15) working days following such
notice to obtain resolution of any issue(s) identified in this manner, provided, however, by
mutual consent this period of time maybe extended to thirty (30) days.
B. If the Officers aze unable to obtain resolution of the issue(s), they shall submit a joint
written Statement describing the facts of the issue, within thirty (30) days after the written
notice described above to the Orange County Health Caze Agency (HCA) Director and to the
Executive Director of the Community Development Agency (CDA) or designee for
resolution. If the Officers are unable to prepare a joint statement, each shall submit separate
statements to the HCA Director and Executive Director of City's Community Development
Agency within the thirty (30) day period. Such persons shall meet and make their best effort
to resolve the matter within thirty (30) days following submission of the statements.
Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director or
designee shall be documented in the form of written correspondence exchanged by such
persons within ten (10) days following their meeting.
25G~-15
V. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers, agents,
and employees from all liability, claims, losses and demands, including defense costs,
whether resulting from court action or otherwise, arising out of the acts or omissions of the
indemnifying party, its officers, agents or employees or the condition of property used in the
performance of this Agreement.
VI. INSPECTIONS AND AUDITS
A. Any authorized representative of City, any authorized representative of the State of
California, the Secretary of the United States Department of Health and Human Services, the
Comptroller General of the United States Department of Housing and Urban Development or
any of their authorized representatives, shall have access to County books, documents, and
records, which such persons deem pertinent to the Agreement, for the purpose of conducting
an audit, evaluation, or examination, or making transcripts during the periods of retention set
forth in the Records/Confidentialityparagmph of this Agreement and the premises in which
they are provided.
B. County shall actively participate and cooperate with any person specified in
subparagraph A. above in any evaluation or monitoring of the services provided pursuant to
this Agreement, and shall provide the above mentioned persons adequate office space•to '
conduct such evaluation or monitoring.
VII. LICENSES AND LAW
A. County, its officers, agents, employees, and subcontractors shall, throughout the term
of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers
and exemptions necessary for the provision of the services hereunder and required by the
laws and regulations of the United States Department of Health and Human Services, State of
California, County and any other applicable governmental agencies.
B. County shall comply with all laws, rules or regulations applicable to the services
provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and
regulations shall include, but not be limited to the following:
1. United States Code (U.S.C.A.), Title 42, Section 12901-12912, AIDS Housing
Opportunity Act.
2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities
for Persons with AIDS.
3. CFR Title 24, Part 85, Common Rule to the Community Development Block
Grant Entitlement Program.
4. Office of Management and Budget (OMB) Circular No. A-87, Cost Principles
for State and Local Governments.
5. OMB Circular No. A-128, Single Audit Act of 1984.
25G4-16 --
VIII. NONDISCRIMINATION
A. EMPLOYMENT -County warrants that it has developed and does maintain an
Affirmative Action program for employment which includes goals and timetables for
employment of women and minorities, which program meets the Affirmative Action
Guidelines of the United States Equal Opportunity Commission and all appropriate state and
federal laws and regulations.
B. SERVICES, BENEFITS, AND FACILITIES -Neither County, nor any of its
contractors, shall discriminate in the provision or services, the allocation of benefits, or in the
accommodation in facilities on the basis of ethnic group identification, race, religion,
ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual
preference, medical condition, or physical or mental handicap in accordance with Title VI of
the Civil Rights Act of 1964, 42 U.S.C.A. §2000d and all other pertinent rules and
regulations promulgated pursuant thereto, and as otherwise provided by State law and..
regulations, as all may now exist or be hereafter amended or changed.
C. DISABLED INDIVIDUALS -County and its contractors shall agree to comply with
the provisions of Section 504 of the Rehabilitation Act of 1973.(29 U.S.C.A 794 et seq:,; as
implemented in 45 CFR 84:1 et seq.), and the Americans•with Disabilities Act of 1990 X42
U.S.C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified
disabled persons in all programs or activities, as they exist now or may be hereafter amended
together with succeeding legislation.
D. RETALIATION -Neither County, nor its employees, agents, or contractors shall
intimidate, coerce or take adverse action against any person for the purpose of interfering
with rights secured by Federal or State laws,. or because such person has filed a complaint,
certified; assisted or otherwise participated in an investigation, proceeding, hearing or any
other activity undertaken to enforce rights secured by Federal or State law.
IX. NOTICES
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 telefacsimile 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
telefacsimile (714) 647-6956
5
25-G--a ~--
With courtesy copies to:
City of Santa Ana
Linda Foster, HOPWA Coordinator
20 Civic Center Plaza (M-27)
Santa Ana, California 92702-1988
To County: County of Orange
Health Care Agency
Contract Development and Management
405 West 5~' Street, 6`~ Floor
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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 telefacsimile, any notice, tender, demand, .
delivery, or other communication shall be effective or deemed to have been given twenty- - .
four (24) hours after the time set forth on the transmission report issued bythe h ansmitting
facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state; County or City holidays shall be excluded.
X. RECORDS/CONFIDENTIALITY
a. The parties, and any subcontractors, shall prepare and maintain any records
required by laws, regulations and procedures applicable to their responsibilities under this
Agreement.
b. The parties agree to maintain the confidentiality of any records which pertain to
this Agreement in accordance with applicable state and federal laws and regulations.
Financial records related to this Agreement shall be maintained for two (2) years after
termination of this Agreement.
c. "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 Agreement.
XI. JURISDICTION/VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. 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
25G¢-18
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.
XII. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or
application thereof to any person or circumstances to be invalid or if any provision of this
Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the
remaining provisions of this Agreement or the application thereof shall remain valid,' and the
remaining provisions of this Agreement shall remain in full force and effect, and to that
extent the provisions of this Agreement are severable.
XIII. INDEPENDENT CONTRACTOR
County is, and shall at all times be deemed to be, an independent contractor and shall
be wholly responsible for the manner in which it performs the services required of it by the
terms of this Agreement. County is entirely responsible for compensating staff and
consultants employed by County. This Agreement shall not be construed as creating the
relationship of employer and employee, or principal and agent, between County and City or
any of County's employees, agents; or subcontractors, or principal and agent, between
County and City or any of County's employees,. County assumes exclusively the
responsibility for the acts of its employees, agents or subcontractors as they relate to the
services to be provided during the course and scope of their employment. County, its agents,
employees, or subcontractors, shall not be entitled to any rights or privileges of City
employees and shall not be considered in any manner to be City employees.
XIV. TERM
The term of this Agreement shall commence and terminate as specified herein, unless
otherwise sooner terminated as provided in this Agreement; provided, however, County shall
be obligated to perform such duties as would normally extend beyond this term, including
but not limited to, obligations with respect to indemnification, audits, reporting and
accounting.
XV. TERMINATION
A. Either party may terminate this Agreement, without cause, upon ninety (90)
days written notice given the other party.
B. Either party may terminate this Agreement, upon thirty (30) days written
notice given the other party for material breach after failure to resolve the breach pursuant to
the Dispute Resolution paragraph of this Agreement.
C. The rights and remedies of County or City provided in this Termination
25G~-19
paragraph shall not be exclusive, and are in addition to any other rights and remedies
provided by law or under this Agreement.
XVI. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors or any patients provided services
hereunder.
XVII. WAIVER OF DEFAULT OR BREACH
Waiver of any default by County or City shall not be considered a waiver of any
subsequent default. Waiver of any breach of County or City of any provision of this
Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default
or any breach by County or City shall not be considered a modification of the terms of this
Agreement.
XVIII. 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.
Zs~ za
. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of
Orange, State of California, on the date and year first above written.
ATTEST: ~ CITY OF SANTA ANA:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
Lisa E. Storck
Assistant City Attorney
COUNTY OF ORANGE
DAVID N. REAM
City Manager
BY: ~ .
CHAIRMAN OF THE BOARD OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CI;[~~IRMAN OF THE BOARD.
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:
DEPUTY
- 25L~-21
E}:HIBIT A
HOUSING OPPORTUNITY FOR PEOPLE WITH AIDS
ACCOMPLISHMENT REPORT
HOPWA Recipient Name:
HOPWA Funded Activity:
Location of Activity:
1. Select the one category that best describes service provided with HOPWA Funds:
^ Facility Based Housing: (e.g., Construction, Rehab) ..............Submit Report Form A 8~ Supplemental
^ Facility Based Non-Housing .................................................. Submit Report Form B 8 Supplemental
^ Scattered Site Only: (e.g., Tenant Based Rental Assistance) ..Submit Report Form C ~ Supplemental
^ Housing Infon»ation/Resource ID1Admin ..............................Submit Report Form D
^ Supportive Services Only .....................:................................ Submit Report Form E
2. Check Box Indicating Report Period:
^ 15~ Quarter
^ Z"d Quarter
^ 3'd Quarter
^ 4ei Quarter
(711- 9130)
(10/1-12/31)
(111- 3131)
(M1-6/30)
3. Amount of HOPWA Expended During This Report Period: $
4. Number of Unduplicated Persons Assisted During the Report Period:
' Must aqua! Total NurnberotPersonsReceivaw AssFstarxe'isled h Repart Farm
5. Number of Units Completed During the Report Period (dappJ;caWe):
Far cbnshuc~Lion p-ojects any
I certify that the information within this quarterly report is true and correct.
Name:
Signature:
Telephone No:
Title:
Date-
Fax No: email:
2~5~'-22
EXHIBIT A
REPORT FORM A
FACILITY BASED HOUSING
(Housing Acquisition, Construction or Rehab)
FACILrrY NAME:
FACSUTY TYPE:
NUMBER OF llNfrS BY F%-CU.ITY TYPE
SRO 0 Bdrm 1 Bdrsas 2 Bdrms 3 Bdrrris 4 Bdrms 5+-Bdrrns
Date of Closing/tease Execut'an:
Date Construction/Rehab Started:
Completed:
Date Operations Staff Hired:
Date Residents Began to Occupy: -
HOPWA EXPENDITURES ~ doNars) - -- - "
Acquisitions: s -
Rehab,IConversiors/Repair: ;
tease: - ;
New Constn.sction: t
operating costs: - ;
Technical Assistance: S
Rental Assistance: S
Other: >F
Other. S
70TAL:
is the site owned by a pubik entity? QYes
Is this activity "substantial" rehab? QYes
AvaitaWe HOPWA Funds
- Allocated HOPWA Funds:
Allocated HOP'WA Program Income:
Total HOPWA funds for Project:
, Total HOPWA Expended to date:
Balance HOPWA Funds to date:
^No
^No
S
+;
=S
-;
.t -
Source of Non-HOPWA Funds Expended To Date - Total Available
3 ~
~ ~
S S
Total Non-HOPWA Funds: s ~
Ftt7PWA Report Form A
~ ~/t~/oa
EXHIBi7 A
REPORT FORM B
FACILITY-BASED NON-HOUSING
(Property Acquisition. Construction or Rehab)
Activity Name:
Facility Type: _
Date of ClosinglLease Execution:
Date ConstructionlRehab Started:
Date Construciion/Rehab Completed:
Date Operations Staff Hired:
Date Support Services Started:
HOPWA Site Expenditures (tn dollars)
Acquisition:
Rehab/ConversionlRepair:
Lease:
Operating Costs:
other:
other: --
TOTAL:
is the site owned by a public entity?
Is this activity "substantial" rehab?
~~ ^~
QYes QNo
. ,.
S
S
S
S
S
AvaNable HOPWA Funds
Allocated HOPWA Funds:
Allocated HOPWA Proc~am Irxome:
Total HOPWA funds for Project:
Total HOPWA Expended to date:
Balance HOPWA Funds to date:
Source Of Non-HOPWA Funds
Total Non-HOPWA Funds:
+~
_~
-S
=S
Total Available
S
S
~,
S
Expended To Date
S_
~_
NOf1lt-A P.z-~ori form 6 ~~~~~~ 1111~I04
EXHIBIT A
- REPORT FORM C
SCATTERED SITE HOUSING ACTIVITY '
(Tenant Based Rental Assistance, Emergency Housing/Ublity Assistance)
Activity Name:
Activity Location: ~ Date Payments Began:
Number of Un'rts Assisted by Payment Tyne
SRO 0 Bdrm i Bdrm 2 Bdrms 3 Bdrms 4 Bdrms . 5+ Bdrms
Tenant-Based Rent
Rent, Mortgage, Ut~7iGes
Expenditures By Type: Tenant-Based Rent: Rent, Mortgage, Utilities: ~
Total Families Assisted with Housing Assistance:
Program Departure Counts
Number of Months <3 3-6 7-12 >12
Voluntary:
Nonpayment of rent:
Supportive Service noncompliance:
t.hrknoMm:
Crirnirral:
Death:
Other
HOPWA EXPENDITURES th doNars) .
Allocated HOPWA Funds:
. Allocated HOPWA Program Income:
Total HOPWA funds for Project:
Total HOPWA Expended io date:
Balance HOPWA Funds to date:
Source of Non-HOPWA Funds
Total Non-HOPWA Funds:
HOPWA~~~~ C
S
+;
=3
-;
_~
Total Available Expended To Date
S ~ S
S
S
S
S
S
2~0~ 7 ~ ~ 11/12/Q4
E}:HiBIT A
REPORT FORM D
(Housing Info, Resource ID, Adm~)
Actn+ity Name:
Activity locatwn:
Total Famrly Unds Assisted With Housing Assistance: .
Estimated Persons Receiving Flouring Irtfomnation:
HOPWA EXPENDITURE DETAlL
Enter the' amount of HOPWA expended during the reporYperiod for one or more of the activities Nsted below:
Housing Information Services: S
Resource ID: . S ... .. .
Sub-Grantee Adma~istrative Costs: S
Grantee (City of SA) Administrative Costs: S
Total HOPWA Expenditures: ~ ~
HOPWA EXPENDITURES (in dollars)
Allocated FiOPWA Funds:
Allocated HOPWA Program Income:
Total HOP'WA funds for Project;
Total HOPWA Expended to date:
Balance HOPWA Funds to date:
Source of Non-HOPWA Funds
Total Non-HOPWA Funds:
S
+;
=S
-S
_~
Total Available Expended To Date
S ;
S ;
S ~
S ;
FlOPWA Report Four D ~~~? ~ ~ 11112104
E};HIBIT A
REPORT FORM E
SUPPORTIVE SERVICES ONLY
Activity Name:
Activity Location:
Persons tN'rth HIV/AIDS
Other Persons in Family Unit
.Total
Receiving Supportive Svcs
w/ Housing Assistance
Supportive Services
1. Outreach
2. Case Management/ Advocacy/Access io Benefits Svcs
3. Life Management (outside of Case Management
4. Nutritional Services/Meals
5. Adult Daycare and Personal Assistance
t% Chid Care and other Ch~dren's Services
7. Education
8. Empbyment Assistance
9. Akolwl and Drub Abuse Services
10. Mental Health Services
11. HeatthMledicaVlntensive Care Services
12. Permanent Housing Placement
i3. Emergency Housing
14. Transitions! Shelter
15. Other
TOTAL
^ Number of Jobs that Result from # 7 8 8
HOPWA EXPENDITURES (in doNars)
Allocated HOPWA Funds:
Allocated HOPWA Program Income:
Total HOPWA funds for Project:
Total HOPWA Expended to date:
Balance HOPWA Funds to date:
Source of Non-HOPWA Funds
Total Non-HOPWA Funds
HOP'WA Report FoRn E
Expended To Date
3
11/12>'09
Receiving Supportive Svcs
Expended ~ of Persons Served
~ -
S
S
S
S~
s
S
S
S
S
S
S
S
S
+;
=S
-S
=S
Total Available
~_ _ -
S
25G-27
sofa
EXHIBIT A
~PWA SUPPLEMEfVTAL FG..~..
' DEMOGRAPHICS -
Persons Serviced Receiving Housing Assistance
Number of Persons with HIVIAIDS
Number of Other Persons in Family Unit
TOTAL
Total Families Assisted with Housing Assistance:
Age 8 Gender Under 18 - 18-30 31-50 Over 50 Total
Male: `•
Female: - -
Total:
Income Group of Individuals and Family tlnits~per Month
;0-5250 S251-;500 ;5001-;1000 ;1001-;1500 .51501-;2000 Over;2000
RacelEtfinicity No. Total ~ No. Hispanic
White: -
Black/African American:
Asian: -
American IndiaNAlaskan Native: - -
Native HawaaaNOther Pacific Islander. -
American IndiaNAlaskan Native 8 White: - -
Asian & White:
Black/African American 8 White:
Am. Indian/Alaskan Nature 8 Black/African Am.:
Other Mufti--Racial:
Total:
Recent Living Situation Count:
Homeless/Streets: -
Transitional Housing: -
Emergency Shetter_
Psychiatric Facility.
Substance Abuse Treatment:
HospitaUMedical: -
JaiUPrison:
Domestic Violence:
Living w/ Relative/Friend:
Rental Housing:
Participant-owned Housing:
Other:
S11PP{_EMFh'TAL 2 ~ ~ ~ 8
~xzBir s
»nzroa
HOPWASOB-GRANTEE
YEAR END ACCOMPLISHMENT REPORT
HOPWASob-grantee: Fiscal YearlReport Period:
HOPWA Funded Activity Name:
7. Amount of Funds Allocated: $
2. Amount of resources used in conjunction with HOPWA funded activities:
Cash: $ In-Kind Contributions:
3. ~ Describe activities/funding carried out in collaboration with related programslresources:
a. Ryan White CARE Act: $ Activities:
b. AIDS Drugs Assistance Amount: $
Amount of Funds Expended:. $
_ Activities:
c. Continuum of Care Homeless Assistance Amount: $
Activities:
d. Other efforts to assist Persons with HIV/AIDS and their Families:
4. Compare annual planned versus actual accomplishments for this report period:
Type of Units Planned Actual
Rental Assistance
Short Term Emergency Housing Payments
Units in Facilities supported with Operating Costs
Units in Facilities being Developed with Capital Cost but
Not yet Open
Subtotal
Deduction for Units Reported in More than One Category
Total
tfOPWA YEAP, E~~~Ml~IS'FIMENTS REPORT
Page ~ of ~
EXHIBIT B
11!12104
5, Project Accomplishments (attach additional pages if necessary):
Summarize Housing Activities:
Unique Supportive Service or other Services Delivery Models or Efforts:
Other Accomplishments:
6. Barriers or Trends Overview (attach additi«~al pages fn necessary):
Barriers Encountered:
Trends in Meeting Needs:
7. ~ Sub-Recipient Overview, if applicable (attach addGtional pages dnecessary)
Describe how sub-recipients were chosen:
Describe your sub-recipient monitoring methods:
Provide asummary ofsub-recipient performance:
1 certify that the information in this year-end report is true and correct.
Signature:
Name:
Telephone Number_
Date:
Title:
Email:
HOPWA YEAR ENL~1~i~NTS REPORT
EXHIBIT C
m ,
m
s i
~ ~
V
c~ '
J
G ,
~ ~
m
_V
d
Q ~
d c
O a
2 a
c
2
a
E
0
0
a
c~i~
m
a
0
r
V
14
i
w
C
O
U
c
m
U
o
`
m
E
Z
M
C
3
O
E
~ ~~~
0
o -~
0
n
7
A
I
1
l
25G-31
25G-32