HomeMy WebLinkAbout04 HOPWA FY 09-10REQUEST FOR HOUSING
AUTHORITY ACTION
~IE~TlN DATE
JL~1E 1, ~0~9
~E~~R~~~l~ ~R~TAY USA ONLY:
T~TL~: A~PR~VE
FH'ND INS ALL~AT I~~1 FAR THE U . ~ As Recommended
~EFARZ`N~ET ~F H~UIN~ ANA URBAN ~ A~ Arr~e~ded
DE~TEL~FME~T H~U~IN OPP~RTU~TIE
FAR PER~N WITH ~~~] ~R~RA
FIGAL YEAR ~~~9 - 214
~ONTI~~D T~
E~CE~ ~11~ D~RET~R
E~~E~~E~ TIN
~.. Authorize the Executi~re Director of the Hauling Authorit~r to e~eeute
the attached oooperative agreement between the ~.-~~ of Santa Ana and
::.. the Housing Authority of the Cit~r of Santa Ana in the amount of
50 D, ~ D D f or a one-year term far the i~.ple~nentatian of the Tenant
Based Rental A~itance Program, subj cot to non~subtar~ti~re ohanges
ap~ro~ed by the B~ecuti~re Director and Autharit~r general counsel,
2, ~u~horize the Eecuti~re Director of the Housing ~uthor~.t to e~eeute
the attached cooperative agree~.ent with AIDS Ser~rice Foundat~.on
Orange bounty in an amount not to exoeed 12,~Q~ fog ~ one-year term
to administer the wait list for the Tenant-Based Rental Assitan.ce
Program, subject to non-substantive changes appro~red by the
E~eeutive Director and Authority er~eral counsel,
~I~U~~
Since 199, the City of Santa Ana has reeei~red federal funds through the
U, Department of Housing and Urban De~relopment THUD} far the Hous~.ng
Opportunities far Persons with AIDS ~HOPwA~ Program to be used
countywide. The HDPwA Program is designed to ro~ride resources and
~.~.oenti~es far longterm comprehensi~re strategies to meet the housing
needs of porsons with Acquired Immune Defioienoy Syndrome ~A~D~. HUD
has allocated $1,458,807 to the it~r of Santa Ana for the fiscal gear
- ~ ~ ~ ~ r
Bli.gible acti~rities far the HOP~A Program includes ; 1 } new canstructionr
acquisition and rehabi~..itat~.or~ of affordabie hous~.r~g; ~ } pra~isian of
tenant-bayed rental asltance; ~ short-term rental and mortgage payment
asi.stance to pre~rent ho~.elessness; 4 } supporti~re social ser~rices aid
9
Funding Allocation for
HUD ~IOP~IA FY ~DD~-~a1a
~un~ ~, 2DD
Page 2
housing information services; ~} technical assistance; and }
adr~initrative expenses incurred by jurisdictions coordinating focal
program In allocating grant funds for eligible activities, the City of
Santa Ana i required to consider the erv~.ce needs of eligibie persons
rho 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 hay
worked closely with tie Housing Committee of the Orange County HILT
Planning Council, the HIS Planning Council, and agencies throughout the
bounty of orange providing services to the HILT/AIDS community. On
January ~~, 2OD9, a strategic planning meeting was held to dete~~.ine
priorities fog the fiscal gear 2009-~a10 funds. representatives from the
Orange County Health Care Agency, service providers from throughout the
county, HI~7IAIDS infected and affected ~ndzvlduals and City staff
participated in the meeting.
Based on the strategic planning meeting, the ~aD9-010 fiscal year
funding recommendations were established, 'Ihe recommended funding levels
are: 1} 5DD,DDO to continue the `Ienant~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 ~.ist; 2~
97,04 to the Orange County Health Care Agency fog supportive housing
services to individuals throughout orange County; this amount includes
~0, DOD from precious years develop~ner~t fund; and } 4~, 0~0 for
administrative costs.
FISCAL IMPACT
Funds are available in the HoPA Program. account {nos. 4D~~-140-~91 and
4~-x.48-G1} .
APPRD~IED A To FUNDS AND ACoUNT:
t
~~
Shell Landry ~ yle Francisco Gutierrez
Housing N~anager Executi~re Director ~~
Community Development Agency Finance & Management services Agency
CJI~/SLB/ZF/sr
x
.+
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,` . -
OOPERAT~VE AORENI'~ ~ETE~
THE ~T~ OF A~T.A .~,~ A.~D
THE SANTA AAA ~IOUn~C A.UT~O~~T
This ooperat~ve Agreement entered rota this 1~t ~~. ofJuly, ~0~~, h~ch date is
enumerated. far purpose ofreference only, is by and betv~een the it~r of Santa ,Ana
~"it~r"} and. ~e Santa ,A~.a ou~sing .Aut~.ority ~"Pra~ect Sponsor"}. This .Agreement
shall be administered h~ the ~t~ of Santa Ana,
i f~~i JL ~~ f
~.. pity on behalf of ail jurisdictions in Orange aunt, has been designated to
receive grant funding prav~ded b~ the U., Department ofHousing and Urh
Development ~"HUD"~ pursuant to the Houszng Opportun~txes far Persons with ArDS
~"~OpA"} grogram; and
B. pity has entered ~nta a ~OP~VA grant agreement with HUD; and.
. project Sponsor has provided leadership and ~s respons~~le far planning and.
providing comprehensive HIS services far clients thrauhaut Orange ~ou.nt~ and will
maintain the wait list for the program; and
:..
.. D, project Sponsor mill provide services to support the Tenant-Based dental
Assistance ~rogran~ which eansists offinancial eligibility aftenants, ~ inspections,
and financial respansibllit~ for housing assistance payments to landlords; and
~, The parties have cooperat~vel~ ~~tten and agree tD an ,Admrn~stratlve plan
hieh id.entif~es guidelines far the operation ofthe ~~~. Tenant~Based Rental
Assistance Programs..
~0, THERE~OR~, the parties mutually agree as follows:
~, ALTEATiO~ OF TR
~. The parties anticipate that this Agreement naay be a~nend.ed, or followed by additional
agreements, to irnple~nent additional services and funding of the type covered by
this Agreement.
B, This ,Agreement fully expresses all understanding of pity and Project Sponsor
with respect to the subj ect matter of this A.gree.ent, a~,d shall constitute
the total Agreement between the partial for these purposes. a addition ta, ar
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.
II. SERVICES
A. City shali serve s "HOPA. grantee" for the purpose of contracting with
organizations to provide Tenant~Based dental ,Asistan.ce to persons disabled
due to HI~IAIDS residing in grange County.
4 l ! athln ~n th~4/ 1 A}~~. ~~~FAA~nt .iAHF~ ~r1+~+/nt ~t~ fraiil ~nt~i ill lntlf an~ +.+r illa~~
agreements ~~th the Other agencies or cant~a~tors ~U1th~n the County, ~f
deemed necessary and advisable to da sa by City; provided however, the
obligations and rights covered by this Agreement shad not be altered or
reduced, except a mutually agreed to ~n r ~t~ng by City and Fro j ect ponso~.
. City shall conduct an ongoing assessment of the Tenant,~sed .entai
Assistance Frogran~.
D. Fro~ect Sponsor shalX assure the adequate provision of suppart~ve services to
appiicantslparticipants to ensure programs. success.
E. Fro j ect Sponsor shaXl comply with such other terns and conditio~as, inciudin
record keeping and reports for prograrn monitoring and evaluation purposes, as
BUD may establish for purposes of carrying out the program in an effective and
efficient manner. Annual progress reports iii be prepared by Froject Sponsor in
a form consistent with HUD publications HUD-4a 1 10- {194}. ~n addition,
Project Sponsor shad forward quarterly narrative reports to City identifying
accornplish~nents as H~FA Project Sponsor for Tenant-based Dental
Assistance for persons v~lth ~~V disease. These reports are to be submitted in
conjunction with payentlcost reports iden~tl~ed in Section IV ofthis Agreement
along Frith a summary of program budgets and financial disbursements made
under the terms of this Agreement.
F. "Contract officers"means the City's Hauling tanager or designee and
Pra j ect Sponsor's des~n.ee.
. See Attachrrient I for detaiied services and related cost breakdown.
III. BUD~T
The follov~ing budget is an estimate only ofthe cast ofproviding the services hereunder
for the term July 1, ZOO9 through June ~a, Zola. This budget nay be modified by mutual
written agreement of the Contract f cers.
Administration 3~,a4a.aa
Housing Assistance payn~entslProgranl Expense $~S,OOa.aa
TOTAL {Maximum Obligation) $500,000.00
Z
IV. PA~~TSOC~ST RF1P~~T
A. 1 ~ City shall pay Pry j pct pono~r for the actual ca~t~ of pra~viin the
adrninistration afservices hereunder, whether provided directly by
Project Sponsor, provided, however, the fatal of all
payments to Project Sponsor shall not exceed the Maximum
Obligation as specified in Section III of the Agreement.
2} City sha11 drams dawn HDPA funds designated far rental subsidy
payments an a monthly basis after receipt of certification of
individual of individual tenant subsidy amounts. Aber final
approval by City, funds mill be disbursed to landlords,
1. Pra j ect Sponsor shall invoice City n~anthly exclusive of rental subsidy
payments, in arrears, based an the actual cost of providing and cantrctin.g for
the services hereunder. City shall pay Project Sponsor na later than thirty ~~~}
days fallaing receipt of such invoice. Nlanthly payments are interim
payments only, and arc subject to final settlement and reconciliation to the
final Cost deport submitted by Project Sponsor.
~. All billings by Pra j ect sponsor shall be acco.panied by copies of a~rce
documentation including, but not limited ta, journals, t~~ne sheets, canceled
checks, and records of cast incurred by Pra j ect ponsar in the ~erforr~lance of
this .Agree~.ent.
D. At such tunes and in such a far~nat as the Contract ~f~cers mutually agree in
1~t~ng, Pra~ect Sponsor shall prepare and submit to C~tyreports afcost
incurred by Para j ect Sponsor in tl~e performance of this Agreement.
. The Cast I~eport~s~ shall be financial and statistical reports} submitted by
Pra~ct Spansar to City, and shall serve a the basis for final Settlement of this
Agreement. The Cost ~.eport~s} shall detail all costs incurred by Project
Sponsor to provide services hereunder.
F. Final ettlement shall be based. upon the actual costs incurred by Prof ect
Sponsor to pravrde services hereunder. if the Cast Reports}indicates the total
of City's payments to Piro j ect Sponsor are less than Pra j ect Sponsor's cast to
provide the services hereunder City shall pay Project Sponsor the difference;
provided, hae~er~ the total payment shall not exceed the Maxirr~u~n
obligation. If the Cast ~epart~s~ indicates the total of City's payments to
Project Sponsor are higher than Project Spansar~s cast afproviding the
services hereunder, Project Sponsor shall pay City the difference. Payment
due pursuant to the Cast l~epart~s~ sha11 be made within thirty ~3~} days of
the Final Settlement determination.
. Any funds not expended by frscal year end, .dune ~, 20I0 shall be ret~.uned to
pity. Said unexpended fu.nd.s shall be reallocated by pity through the
~I~PA grogram.
V. DISPUTE ES~LUTION
A. Any party may give written notice to the Other setting forth in spec~~.c terms the
existence and nature of any unresolved nutter or concern related to the purposes and
obligations. ofthis .Agreement. Such notice shall be provided ~~ and to the contract
officers on behalf of the parties. The Officers shall have fifteen ~ l ~} ~vorl~in days
folloi~ng such notice to obtain resolution ofany issues~s} identi'ied in this manner;
provided, however, ~~ mutual consent this period of t~n~e may be extended to thirty
~~ ~~ days.
. If the officers are unable to obtain resolution of the issue~s~, they shad submit point
~v~itten Statement describing the facts ofthe issue, thin thirty ~~} days after the
written notice described above to the Deputy pity 1Vlanager for Development Services
and to pity's dousing tanager for resolution, If the Officers are unable to prepare a
~o~nt statement, each shall subn~~t separate statements to the pre~vlously listed ~v~th~n
the thirty ~~~ day period. Such persons shall meet and n~al~e them best effort to
resolve the natter v~~thin thirty ~3a} days following submission of the statements,
~esolutian of the dispute, ar lack thereof, by the Deputy pity Manager for
Development Services and the Santa Ana pity ~Vlanaer shall be documented in the
farm of Witten correspondence exchanged by such persons within ten { 1 ~~ days
following their meeting.
VL IND~~IPIATI~
Each party agrees to indemnify, defend, and hold harmless the other party, its
officers, agents and employees from all lability, claims, losses and demands, including
defense costs, whether resulting from court action or otherwise, arising out ofthe acts or
omissions of the indemnifying party, its officers, agents or employees or the condition of
property used ~n the performance of this Agreement.
~Tll. INSURANCE
'ith respect to performance of~vorl~ under this Agreement, Project Sponsor shall
maintain and sha11 require its subcontractors, if any, to rnainta~n insurance as described
below:
1. orl~er's compensation insurance within statutory legal limits, and
~. o~n~nercial general Liability Insurance ~vzth limits of not less than
I,~~~,O~D per accident~incident.
Project Sponsor shall: ~a} prior to exercising any right under this .Agreement, furnish
properly executed certificates ofinsurance and additional insured endarsem.ent to the City
4
which shall clearly evidence all coverages required above; (b} provide that such insurance
shall not be rt~aterially 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. ISP~CTION AND AUDITS
A. Any authorised representative of City, the Carriptroller general of the United states,
the united States Deponent ofHousin and Urban Development cr any oftheir
authorised representatives, shall have access to City boos, documents, recordsy
which such persons deem pertinent to this Agreement, far the purpose of conducting
an audit, e~a.Iuatlon, or exarn~natian, or making transcripts du~.ng the periods of
retention set Earth in the RecardslCanfidentilityparagraph afthis.Agreement and the
p~'emises in which they are provided.
B, City shall actively participate and cooperate with any persons spec~~ed 1n
subparagraph A above In any evaluation or monitoring of the services provided
pursuant to the Agreement, and shall provide the above rnentloned persons adequate
office space to conduct such evaluation or monitoring.
~ I1IC~NS~S AND LAS
- ._ A. fro j eet por~sar, its officers, agents, employees, and subcontr~.ctars shall, throughout
the term of this Agreement, maintain all necessary licenses, permits, appra~als,
certificates v~aivers and exemptlans necessary for the provision ofthe services
hereunder and required by the lames and regulations of the United States, State of
California, City, and any other applicable go~ernrnental agencies.
B, Project Sponsor shall comply with all lames, rules, ar regulations applicable to the
services provided hereunder, as any may nay exist or be hereafter changed. These
la~vs~ rules, and regulations shall include, but not limited to the fallowing:
1. United States Code ...},title 4~, Section l~~1-1212, AIDS Housing
Opportunity Act.
. Code of Federal .regulations ~CF}~ Title 24, Part 574, Hauling
Opportunities for Persons ~v~th AIDS.
. Office of Nlanagem.ent and Budget ~O~VIB} Circular No, A-1 ~~, Cost
Principles far nonprofit organisations.
4. OMB Circular No. A~ l ~~, Audits of lnstitutians of Higher education and
Other Nonprofit Institutions.
I L~LDIS~RIMINATI~L
~., ~rnployment - Pra~ect Sponsor warrants that it has developed and does maintain an
Affir~.ative Action program for employment which includes gaols and timetables for
en~ployrnent of ~arnan and minorities, which program meets the Affirmative Action
guidelines of the Federal Equal opportunity on~mission and all appropriate state
lames and regulations.
B. Services, Benefits, and acllities - Project Sponsor and its contractors, shall not
dlscr~rnlnate ~n the prov~s~an ofser~1ces, the allocation afbenef~ts, ar in the
accommodation in facilities on the basis of ethnic group identi.cation, race, religion,
ancestry, creed, color, see, marital status, national origin, age, sexual preference,
medical condition, ar physical or mental handicap in accordance with Title V~ of the
civil Rights Act of 1 ~4, 4~ U.S.Q. ~~,o0~d and all other pertinent rules and
regulations promulgated pursuant thereto, and as otherwise provided. by state lam and
regulations, as all may na~r exist or be hereafter amended or changed.
. Disabled lndiv~duals ~ Project Sponsor and Its contractors agree to comply ~v~th the
provisions ofSection 504 afthe Rehabilitation Act of 1973 ~a U.S.Q. 7~4 et seq., as
irnplen~ented in 45 MFR S4. I et seq.}, pertaining to the prohibition of discrimination
against qualifed handicapped persons in all programs or activities, as they exist nom
or may be hereafter amended together with succeeding legislation.
I). Retaliation ~-Project Sponsor and its employees, agents, ar contractors shall not
intimidate, coerce or tape adverse action against any person for the purpose of
interfering with rights secured by federal ar 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 la~v.
L~TIES
~.. Unless other~ise specified, all notices, claims, correspondence, reports andlor
statements authorised or required by this Agreement shali be effective when
~rt.tten and depas~ted 1n the United States rna~~, first class postage prepaid and
addressed as specified in this A~ee~nent.
~. Termination Lotices shall be effective when written and deposited in the United
States mail, certified, return receipt requested, a.nd addressed as specified below.
. For purposes of this Agreement, any notice to be provided by pity may be given
by contract Officers.
Latices to qty and Project Sponsor sha.11, unXess atherise requested in v~riting, be sent by
U.. Mail, postage prepaid, and addressed as follows:
6
c~
zty of Santa Ana.
Attn: deputy City ~Vlanager for ~evelepn~ent Services
~a civic tenter Plaza ~-ZS}
Santa Ana, A 9~~ai
Project Sponsor:
Santa Ana Housing .Authority
Attn: Linda faster
~a civic tenter Plaza ~NI-27}
Santa Ana, A 9~7~1
I. ~~~~DSI~N~r~~NTIALITY
A, The parties, and any subcontractors, shall prepare and maintain any records required
by laves, regulations, and procedures applicable to their respons~~lities under this
Agreer~lent.
B. The parties agree to n~a~nta~n the confident~allty of any records ~h~ch pertain to this
Agreement in accordance with applicable Mate and federal lames and regulations,
...... ~`inancial records related to this Agreement shall be maintained for two ~~}years after
terrninatian of this Agreement,
III. S ~~~AB ILITY
If a court of competent jurisdiction declares any provision of this Agreement ar
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 re~latian,
the remaining provisions of this Agreement or the pplicatian thereof shall remain valid,
and the remaining provisions of this Agreement shall remain in foil farce and effect, and
to that extent the provisions of this Agreement are severable.
VIII. STATES ~~` ~NTAT~~
The Dousing Authority is, and t all tunes shall be deemed to be, an independent
contractor and shall be wholly responsible for the manner in which they perform the
services req~nired by the terms ofthis Agreement. The dousing Authority is~ and at ail
t~~nes shall be deemed to be, entirely responsible far compensating staff and consultants
employed by the ~Iausing Authority. This Agreement shall not be constr~.ed as creating
the relationship of employer and employee, ar principal and agent, between fifty and the
dousing Authority employees agents, or subcontractors. The ~ous~ing Authority
assumes exclusively the responsibility for the acts afits employees, agents ar
subcontractors a they relate to the services to he provided du~.ng the course and scope of
their em.lay~nent. The Housing Authority, its agents, emplayces~ or subcontractors, shall
7
not be entitled to any rights or privileges of pity ernp~ayees and sha~~ nod be considered in
any manner to be pity en~playees.
I~. N~l~-AINABILITY ADD I~~LEATI~N
Project sponsor shall not assign any rights under this Agreement except
upon written authori~atian from pity.
~~. TE~NI
The term of this Agreement shall ca~nmence ~u~y 1, ~aa9 and tertn~nate June ~a,
2a 1 a, unless tern~~nated earlier as prQVided in this Agreement; provided, however, the
Santa Ana Housing Authority shall be a~ligated to perfarrn such duties as mould
normally extend beyond this tens, including but not limited to, obligations with respect
t0 ~nden~nlf cat~an, audits, reporting and accaunt~ng.
~vI. T~~IIAT~N
~. Any party Inay terrnlnate this Agreement, ~lthaut cause, upon ninety ~~~ days
~vntten nat~ce given the other parties.
B. Any party may tertnate this Agreement} upon thirty ~30~ days written notice given
the other parties for material breach aver failure to resolve the breach pursuant to the
D1spute Reso~ut~on paragraph of this Agreement.
~. The rights and ren~ed~es of 1ty and the Housing athor~ty provided in this
Termination paragraph shall not be exclusive, and are in addition to any other rights
and. remedies provided by lam or under this agreement,
~vII. THIRD PANT BPEFIC~AI~Y
~o party hereto intends that tl~s Agreement shall create rights hereunder in third
parties including but not limited to any subcontractors Qr any patients provided services
hereunder.
~'~~~. AIV ~F DEFAI~T OR BRaH
V~a~ver of any default the Housing Authority or City shall not be considered
a v~aiver of any subsequent default. 'giver of any breach by the Hauling Authority or
pity 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 Hauling Authority or
pity shall not be considered a modif cation a~ the terns of this Agreement.
rN ITN ~ER~~F, the pa~t~e~ ereta have executed the .~gree~ner~t the date
stated above.
ATTEST:
~atriet ~. easy
1e~1~ o the ~ounel~
APP~VED A T~ ~T~NT:
avid I~. Ream
its tanager
A~'1~~~~ A T~ ~"~R~VI:
aseph . ~'~eteher
~t~ Attorr~e~
By: visa ~. torch
~~~15tal~t ~~~ AttOr~ey
I~~~JIN AT~IORYT'~
~nth~a J. Nelson
Executive D~reetor
~~~ATI~~ AR~11~~T ~ETE~N.
TAI SANTA .~~ I~DI~IN AC~T~~~ITY A~I~
,AIDS SERV7~S ~'~~]I~IDATI~ ~A~E ~NTY
This ooperat~ve Agreement entered into ~~s ~ ~~ day of July? ~~~, ~h~eh date 1s
enumerated for purpose ofreferer~ce only, ~~ by and bet~reen the pity of Santa Ana
~ous~n Authorit~r ~"dousing Authority"~, and the Aids Ser.ces ~oundat~on grange
Jaunty ~"~ontraetor"~. This Agreement sha~~ be adn~inistere~ ~~ the Santa Ana dousing
Authority.
R~ITA~,S:
~,. The pity o~ Santa Ana ~"pity"~ on behalf of ail ~u~.sdxetions in Drange
bounty, has been designated to receive grant funding pra~ided by the ~.. Depa~t~nent of
~ousir~g and Urban De~e~opn~ent ~"H-UI~'~~ p~r~ant to the ~Iosir~g ~portun~ties for
persons with A~~S ~"I~~PA"~ grogram,
qty has entered into ~. H~PA grant agreement with IJ~.
~. icy has entered into an agreement vrith the Santa Ana ~Iausing Authority
~"Project Sponsor"~.
-- .. ~. Project Sponsor ~~~ ~~'ovide ser~iee to uppQr~ the Tenant~~ased Dental
Assistance Program which cans~sts of f~nancia~ eligib~~~ty of tenants ~S ~ns~pections,
and f~naneial respon~b~~~ty for hosing assistance payments to landlords.
. ~~ro j eat sponsor has entered into ~.n ag~rcen~ent with antrctar for Contractor
to provide services to support the Tenant Bayed Rental Assistance Program by
maintaining the wait list and confining disability stags as defined in the A,dm.i~.i~trative
Plan,
F. The pales have cooperatively written and agree to an Ad.~ninistrative Plan
rhich identifies guidelines for the operation ofthe ~~~'.~ Tenant~Based. dental
Assistance Program.
I~~, T~~~EFOI, the parties ~nutualiy agree as follows:
I, A~T~~,ATI~N ~~ T~~S
A. The pasties anticipate that this Agreement maybe amended, or~ folioed by additional
agreements, to implement additional services and funding ofthe t~rpe covered by
this ~ 11~i~V~~t•
B. This Agreement fully e~.presse~ all understanding of Project Sponsor and
contractor with respect to the subj ect matter of this Agreement, and shall contite
the total Agreement between the parties far these purposes. ~o addition to, ar
alteration of, the ter..s of this Agreement, whether written or verbal, shall be valid
unless made in writing and formally approved and executed ~~ ~~~ parties.
II..---RZC~S
A. Santa Ana Housing Authority shall serve as "bIPwA Project Sponsor"
for the purpose ofprovidingTenant-Based Rental .Assistance to persons
disabled due to H~I.AIDS residing in ~ra.nge County.
B. ~oth~ng in this Agreement shall prevent the ~raect S ponsor frorr~ entering
into one or more agreements with the other agencies or contractors within
the County, if deemed necessary and advisable to do so ~ the Pro ject
Sponsor; provided however, the obligations and rights covered by this
Agreement hail not be altered or reduced, e~ccpt as mutually agreed to in
writing by Project Sponsor and Contractor.
~. Contractor shall conduct a,n ongoing assessment afthe Tenant Based
Rental Assistance Program.
D. Contractor shall assure the adequate provision of application intal~e and
rnalntenanCe Of the Tenant ~~~~-Rental Assistance Program ~LTalt l~~t.
Contractor will also verify disabilities due to HIS stags of each applicant.
E. Contractor shall ca~nply with such other terms and conditions, including
record beeping 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. Contractor shall forward
quarterly narrative reports to the prod ect Sponsor identifying -
accornplishments a H~PwA Contractor far Tenant-Based Rental
Assistance for persons with HIS disease. These reports are to be
sUbrnltted 1n con~unetlon with payinentlcast reports ~dent~~ed In Section
~~ ofth~s Agreement along with a summary ofprogran~ budgets and
financial disbursernentsmodeunder the terms of this Agreement.
F. {`Contract officers"means the City's Haus~ng Manager or designee, and
Contractor's designee.
See Attaehrnent I for detailed ser~lces and related cast breakdown.
III. BU~~~T
The fo~low~ng budget is an estimate only ofthe cast ofproviding the services hereunder
for the term Jui~ 1, ~~~9 through June 3a, X010. This budget may be ~uodied by mutual
written agreement of the Contract C~'fcers. .
Ad1~~nl~tratl0n
~,~~~. ~~
TOTAL {Maximum Obligation) $12,000.00
IV~. PAYMENTSIC~T ~P~RT
A. Project Spansor shall pay Contractor far the actual casts of providing the
administration of services hereunder provided, ha~vever, the total of all pay.ent
to Contractor shall not exceed the l~Iaxi~nurn bllgation as specified in Section Zll
of the Agreement.
B. Contractor shall invoice Project ponar rnor~thl~ in arrears, based an the
actual cast ofproviding and contracting for the services hereunder Project
Sponsor shall ~~ Contractor no later than thirty ~3~} days folla~ing receipt of
Such lnval~. 1Vlonthly payments are interim payments only, and are
subject to final settlement and reconciliation to the final Cast Report submitted
by Contractor.
. A11 billings by Contractor shall be accarnpanied by copies of source
documentat~an lncludln, but not limited ta, j ournals, tune sheets? canceled
checl~~, and retards of cost incurred b Contractor in the performance of this
Agreement.
D. At such times and in such a format s the Contract Ofd cers mutually agree in
meriting, Cantractor shall prepare and submit to Pra j ect ponor re~arts of cost
incurred. by Contractor in the perfarn~anee of this Agreement.
E. The Cost Reports} shall be financial and statistical reports{s) submitted by
Contractor to Project Sponsor, and shall serve as the basis for final Settlement of
this Agreement. The Cost Reports(s) shall detail all costs incurred by Contractor
to provide services hereunder.
~`. Pinal Settlement sha11 be based upon the actual casts Incurred by antractar
to provide services hereunder. If the Cost eport~s} indicates the total
of Praject pon~ar's payments to Cantractor are less than Contra.ctor's cast to
provide the services hereunder, Pra feet pansor shall pair Contrctar the
difference; provided, ha~ever, the total payment shall not exceed the Maximum
Obligation. ~f th.e Cast Repart~s} indicates the total of Pra ject sponsor's
payments ~~ Contractor are higher than ant~'actar's COt ofpro~~d1ng the services
hereunder, Contractor shall pay Praject Sponsor the difference. Payment due
pursuant to the Cast Reports} shall be made within thirty ~~a~ days ofthe ~"inal
Settlement dete~~nat1an.
~. Any funds nab expended by fiscal year end, June ~0, 2~1 a shad be returned to
Project Sponsor. Said unexpended funds shall be reallocated by City through the
~OP'A Program.
F r DISPD~'E ESOf.~~'ION
Ar Any party rriay ~ri~~ T1~L~n nOt1Ce t~ to ~t~ler ~et~ln fllft~ ~n ~eC1~LJ tens t~l~
existence and nature of any unresolved matter or concern related to the purposes and
obligations ofthis Agreenaentr Such notice shall be provided by and to the contract
officers on behalfofthe parties, ~'he Officers shall have fieen X15}working days
following such notice to obtain resolution of any issues~s~ identified in this manner;
provided, however, by mutual consent this period oftime may be e~.tended to thirty
~~ ~} days.
B. If the Officers are unable to obtain resolution of the lssue~s}, they shall submit a ~ Dint
written Statement describing the facts ofthe issues within thirty {30}days after the
written notice described above to the Executive Director A,S, Foundation Orange
bounty and to pity's Housing ~Vlanaer for resolution, Ifthe Officers are unable to
prepare a point statement, each shall submit separate statements to the previously
listed. within the thirty ~3~} day period. Such persons shall meet and make their best
effort to resolve the matter within thirty ~~ ~~ days following submission of the
statements. I~esolut~on ofthe dispute, or sack thereof, by the Executive Director A. .
Foundation Orange bounty and the Santa Ana Mousing ll~anager shall be documented
in the form of written correspondence exchanged by such persons within ten ~ i ~}
days following their meeting,
VI. T~DE~I~FIOATI01~
Each party agrees to indemnify, defend, 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.
III. YNS~~.ANCE
with respect to performance of work under this Agreement, Oontractor shall maintain
and shall require its subcontractors, ifany, to maintain Insurance as described below:
1. worker's compensation insurance within statutory legal limits, and
~. on~nerc~al general Elab~llty Insurance with l~rrllts ofnot less than
$1,~~0,00~ per accidentlincident,
contractor shall ~ ~a} prior to exercising any right under ~h~s Agreement, furnish properly
executed certificates of insurance and additional insured. endorsement to the Fro j ect
4
Sponsor which shall clearly evidence all coverages required above; fib} provide that such
insurance shall not be materially changed or terminated except an ~ days prior written
notice to the Project Sponsor; ~c} maintain such insurance far the period covered by this
Agreement; and ~~ replace such certificates for polices expiring prior to the expiration
of this Agreement.
VIII. II~A~'IN ADD A~D~T
A. Any authorised representative of Pro j ect ~ono~, the an~ptroller energy of the
United States, the United. States Department ofHousin and Urban Development or any
of their authorzed representatives, shah have access to City boos, documents, records,
v~hich 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 ~n the ~ecordslConfidentiality par~.graph of this Agreement and the premises in
which they are provided.
B. fro jest sponsor shall actively participate and cooperate iti any persons specified. ~n
subparagraph A above in any evaluation or rnan~toring of the services provided pursuant
to the Agreement, and shah provide the abQVe mentioned persons adequate office space
to conduct such evaluation or monitoring.
l I~IC~E AND I~A~U
A. Contractor, its officers, agents, emp~ayees, and subcontractors shall, throughout the
term of this Agreement, maintain ail necess~.ry licenses, permits, approvals,
certificates, waivers and exemptions necessary far the provision of the services
hereunder and required by the laves and regulations of the United States, State of
California, City, and any other applicable governmental agencies.
~. Contractor sha11 comply v~ith ail laws, rules, or regulations applicable to the er~~ces
provided hereunder, as any may navy exist or be herea~er changed. ~`~ese laves, rules,
and regulations shall include, but not limited to the folla~ng:
I . United States Cade ~U.S.C.~, title 4~, Section 1 ~ 1- I29 12, AIDS Housing
opportunity Act.
2. Code of Federal regulations ~CFR}, Title ~4, fart 574, Housing
opportunities far Persons with .AIDS.
~. office of ~rlanaement and budget ~~NIB} Circular ~o. A- I ~2, Cost
Principles for nonprofit organizations.
4. ~B Circular No. A- I ~, Audits of Institutions of Higher Education and
ether nonprofit Insti~.tions.
5
I N~~DISRIII~aTI~~
.A. ~rnployt~ent -contractor warrants that it has developed and does n~ainta~n an
Affirmative Action program far ernployent which includes goals and timetables for
e~np~ay~nent of~von~en and minorities, which program meets the Affirmative Actian
guidelines of the Federal Equal opportunity on~n~~ssian and all appropriate state
laws and regulations.
B. Services, ~enef~ts, and Facilities -ontractar7 nor any aftheir subcontractors, shall
discrirninate in the provision of services, the allocation ofbenefits, ar in the
accammadation in facilities an the basis of ethnic group identification, race, religion,
,.
ancestry, creed, color, sex, marital status national orrg~n, age, sexual preference,
medical condition, or physical or mental handicap in accordance with Title VI of the
ivll lghts Act of l ~~~, ~~ IJ,.. ~~~~Od and all other pertinent rules and
regulations prornulgated pursuant thereto, and as otherwise provided by state la~v and
regulations, as all m.ay na~v exist ar be hereafter amended ar changed,
. Disabled individuals - Project Sponsor and ontractar and their contractors shall
agree to comply with the provisions of Section 5~~ of the Reha~bilitatlan Act of 1 X73
~a U.S.Q. 7~4 et seq., as implemented in 4 MFR X4.1 et seq.}, pertaining to the
prohibition of discrimination against qualified handicapped persons in all programs ar
aCtlvlt~es, as they exist no~v ar may be hereafter amended together V~~th succeeding
.
e.s at~an.
~. I~eta~1at10n ~-contractor, nor ~t e~nplayees, agents, ar contractors shall lntln~date,
coerce ar tape adverse action against any person for the purpose of interfering with
rights secured by federal or state laws, or because such person has flied a can~plaint,
certified, assisted or other~vlse part~c~pated ~n an ~nvest~gatlan, proceeding, hewing ar
any other activity undertal~en to enforce rights secured by federal or state lain.
N~TIES
A. [finless otherwise specified, all notices, clairn~ correspondence, reports and~or
statements authorized or required by this Agreement shall be effective when
written and deposited In the [Jnited States rr~ail, first class postage prepaid and
addressed as specified in this agreement.
B. ~'er~n~natlon I~at~ces shall be effective when ~r~tten and. depos1ted ~n the United
States mail, certified, return receipt requested, and addressed as specified below.
. For purposes ofthis Agreement, and notice to be provided by project Sponsor
may be given by its antract officer.
N4t~ce to Pra~ect sponsor and Dntractor shall, unless other~v~se requested ~n ~vrit~ng, be
sent b ~.5, Nlaii, postage prepaid, and addressed as follows:
C~nntractr~~~
~ro~ect panso~:
A.S. Foundation Orange bounty Santa Ana dousing Authority
Phil Yaeger Attn: Linda `osier
~ 7~~~ Sky Park circle, Suite J 2a civic tenter Plaza ~~VI~~7}
Irvine, A 9~G 14 Santa A.n, A 970 ~
I. REO~.r~IONF~~~I~TIALIT`Y
A. The parties, and. any subcontractors, shall prepare and maintain any records required
by lames, regulations, and. procedures applicable to their responsibilities under this
Agreement,
B. The parties agree to maintain the confidentiality ofany records ~rhich pertain to this
Agreement in accordance with applicable state and federal laws and regulations.
Financial records related to this Agreement shall be maintained for tvvo ~~} years after
termination of this Agreement.
XII. S~~I~ABILIT~
If a court of competent ~urisdictior~ 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 y federal, state or county statute, ordinance, or regulation,
the remaining provisions of this Agreement ar the application thereof shall remain valid?
and the remaining provisions ofthis Agreement shad remain in full force and effect, and
to that extent the provisions of this Agreement are severable.
ll~. TATS OF O~TRATOR
.S. Foundation Orange bounty is, and at all tines shall be deemed to be, an
independent contractor and shall be wholly responsible for the manner in which it
performs the services required by the terms afthis Agreement. A., Foundation Orange
bounty is, and at all times shall be deerrred to be, entirely responsible four compensating
staffand consultants employed by A.. Foundation Orange bounty. This Agreement
shall not be construed as cxeatin the relationship of ernplayer and employee, or principal
and. agent, between A. S. Foundation Orange QUnty and Prod ect Sponsor employees,
agents, or subcontractors. A.S. Foundation Orange bounty assumes exclusively the
respans~bll~ty for the acts of its employees, agents or subcontractors as they relate to the
services to be provided during the course and. scope oftheir employment. ,A..
Foundation Orange Jaunty, its agents, en~playees, or subcontractors, shall not be entitled
to any rights or privileges of Project Sponsor employees and shall not be considered in
any manner to be Project Sponsor enr~ployees.
I~. NON-A~NA~I~ITY AND DELE.ATIN
contractor shall nat assign a~.y rights under this Agreement except upon written
authorisation from bra j ect ~anar.
~. TF,RM
The term of this Agreement shall ca~n~nence duly 1, ~ aa9 and terminate June ~ o,
~~~ 0, unless terminated earlier a provided in this Agreement; provided, however, A,.
Foundatian grange bounty shall be obligated to perform such duties as would normally
extend beyond this term, including but not limited to, obligations with respect to
indernnificatian, audits, repartin and accounting.
~~. TERNIINAT~N
A. Any party may terminate tl~~s Agreement, withaut cause, upon ninety ~a~ days
~vrltten notice given the other parties.
B. Any party nay terminate this Agreement, upon thirty X30}days wr~.tten notice given
,:.. -... the other parties for material breach after failure to resolve the breach pursuant to the
.. Dispute Resolution paragraph of this Agreement.
~. The rights and remedies of ontractar, or the Project pansor provided in this
Termination paragraph shall not be exclusive, and axe ~n addition to any other rights
aid remedies provided by law or under this Agreement.
III. THIRD PASTY BENEFIA~Y
Na party hereto intends that this Agreement shall create rights hereunder ~n third
parties including but not l~rnited to any subcontractors or any patents provided services
hereunder.
~~. wAI~ER ~F DEF`AI~I~T ~R BREAM
waiver of any default by contractor or pro}ect ~pansor shall not be considered
a waiver of any subsequent default. waiver of any breach by contractor or Project
ponsar of any provision of this Agreement shall not be considered a wai~rer of any
subsequent breach. waiver of any default of any breach by contractor ar Project
Sponsor shall not be considered a rnodifieatiar~ of the terms of this Agreement.
~~ 'Z'N ~~E~~', ~h~ part~e~ hereto have e~ec~td t~~~ Are~me~.t ~~e ate
tt~d a~o~e.
atlta Any. HO~~r~g Aut~Dr~t~
"Prod ect p~~~or"
~~~k ~f ~~e ou~ci~
Ca~~i ~. ~e~~on
Ex~c~~ivo ~~~ector
AP~~~~] .~ '~~ FARM;
~Ioseph T. Fletcher
it~r Atto~~
B~: ~~a E. ~orc~
~~N~'Y - "~~t~acto~"
Ph~~ ~a~er
A.. Fa~n~at~on r~~~e onto