Santa Ana City Council
August 19, 2025

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HHAP SUBCONTRACTOR AGREEMENT FOR SERVICES COORDINATION FOR

TRANSITIIONAL AGE YOUTH AND FORMER FOSTER YOUTH

BETWEEN ORANGEWOOD FOUNDATION, THE HOUSING AUTHORITY OF THE

CITY OF SANTA ANA, AND THE CITY OF SANTA ANA
THIS AGREEMENT (“HHAP Agreement” or “Agreement”) is made and entered into on this 19th day of August, 2025 by and between Orangewood Foundation, a California nonprofit corporation (“Subcontractor”), the Housing Authority of the City of Santa Ana, a public body, corporate and politic (“Housing Authority”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). The Housing Authority and City shall collectively
be referred to as “Contractor.” Subcontractor, Housing Authority and City shall be referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. The State of California established the Homeless Housing, Assistance, and Prevention Program (“HHAP” or “Program”) pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4 (AB 140) Effective July 19, 2021.) The Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency. HHAP provides flexible block grant funds to Continuums of Ca re, large cities and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.

B. The City is the recipient of HHAP-5 funds from the State of California. In 2024, the City entered into an agreement with the State of California , Agreement Number 2 4-HHAP- 10007 receiving and recognizing $5,878,393.38 in HHAP-5 grant funds to be used by the City to address immediate homeless challenges (collectively, “State HHAP-5 Contract”).

A true and correct copy of the State HHAP-5 Contract is attached hereto as Exhibit A and incorporated herein by this reference.

C. The Housing Authority is the recipient of Foster Youth to Independence (“FYI”) Calendar Year (“CY”) 2022 Special Fee Set -Aside funds from the United States Department of Housing and Urban Development (“HUD”). In 2023, HUD notified the Housing Authority that funds had been obli gated for CY 2022 HCV Program administrative fee set -aside Special Fees as a one-time award under Funding Increment Number CA093AF0161. FYI CY 2022 Special Fees may be used to support necessary , additional administrative expenses incurred to achieve full (100%) FYI voucher utilization as outlined in PIH Notice 2022-14, “Implementation of the Federal Fiscal Year 2022 Funding Provisions for the Housing Choice Voucher Program”. A true and correct copy of the HUD Obligation Letter is attached hereto as Exhibit B and incorporated herein by this reference.

D. The Housing Authority and City intends to braid, blend, combine and leverage the FYI CY 2022 Special Fees from HUD and HHAP -5 funds from the State of California to provide EXHIBIT 2

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services coordination for eligible Transitional Age Youth and Former Foster Youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a FYI voucher.

E. On April 2, 2025, the Housing Authority issued Request for Proposal No. 25 -057A (“RFP”), by which it sought a subcontractor to provide services coordination for Transitional Age Youth (“TAY”) and Former Foster Youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessn ess and who have ben matched with a Foster Youth to Independence (FYI) voucher. Specifically, the subcontractor will deliver two core services: 1) housing navigation and landlord incentive services to assist the FYI voucher holder to lease a rental unit i n the private market; and 2) independent living skill training and life skills support services to maintain stable housing and not return to homelessness. Per the RFP, “Priority shall be given to qualifying TAY youth at the Santa Ana Navigation Center (‘Carnegie Homeless Shelter’).” The RFP shall be incorporated by reference as though attached hereto in full.

F. Subcontractor submitted a responsive proposal to the RFP that was selected by the Contractor. Subcontractor represents that it is able and willing to provide services described in the scope of work that was included in the RFP.

G. Subcontractor has been made aware of the State HHAP -5 Contract and agrees to comply with the conditions of the State HHAP -5 Contract and the applicable State requirements governing the use of HHAP-5 grant funds.

H. Subcontractor has been made aware of the HUD Obligation Letter and agrees to comply with the conditions of the award as outlined in PIH Notice 2022 -14, “Implementation of the Federal Fiscal Year 2022 Funding Provisio ns for the Housing Choice Voucher Program” and the applicable Federal requirements governing the use of FYI CY 2022 Special Fees.

I. In undertaking the performance of this Agreement, Subcontractor represents that it is knowledgeable in its field and that any services performed by Subcontractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. Subcontractor also represents that it has the requisite qualifica tions, expertise, and experience to work within the provisions of the Program and is willing to use said HHAP grant funds and FYI Special Fees to operate within said Program.

J. Contractor and Subcontractor have duly executed this HHAP Agreement for the expenditure and utilization of said HHAP and FYI funds.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows:

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1. SCOPE OF SERVICES

Subcontractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work- Exhibit C, attached hereto and incorporated by reference.

Subcontractor shall comply with all Federal requirements detailed in the Contractor’s RFP (Exhibit III), as attached hereto as Federal Regulations -Exhibit D.

2. COMPENSATION

a. Contractor agrees to pay, and Subcontractor agrees to accept as total payment for its services for Contractor, the rates and charges identified Compensation - Exhibit E.

The total amount to be expended during the term of this Agreement shall not exceed $632,839.00. The funding is comprised of $587,839.33 in HHAP-5 funds and $45,000 in FYI administrative fees.

b. Payment by Contractor shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to Contractor accounting procedures. Contractor and Subcontractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers.

Subcontractor agrees to execute the Contractor’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the Contractor will be authorized to deposit payments directly into Subcontractor’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by Contractor.

3. TERM

This Agreement shall commence on the date first written above for a three (3) year term with the option for the Contractor to grant up to a one 1-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

Subcontractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the Contractor. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to EXHIBIT 2

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employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS

This Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of express ion, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this Agreement (“Documents & Data”).

Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non- exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Contractor’s sole risk.

6. INSURANCE

Insurance requirements are attached hereto as Exhibit F.

7. INDEMNIFICATION

Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equita ble relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any a ction by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects aris ing from this Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor.

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8. INTELLECTUAL PROPERTY INDEMNIFICATION

Subcontractor shall defend and indemnify the Contractor, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Subcontractor to the Contractor pursuant to this Agreement.

9. RECORDS

Subcontractor shall keep records and invoices in connection with the work to be performed under this Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this Agreement. All such records and invoices shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such recor ds and any other documents created pursuant to this Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Subcontractor under this Agreement.

10. CONFIDENTIALITY

If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently de veloped by the Subcontractor without reference to information disclosed by the Contractor.

11. CONFLICT OF INTEREST CLAUSE

a. Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

b. No immediate family members of either the Mayor, City Council M ember, or any EXHIBIT 2

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appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the Contractor shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Subcontractor or have any other direct or indirect financial benefit or interest in this Agreement.

c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution

d. The Subcontractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Subcontractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Subcontractor hereafter becomes aware of any facts th at might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the Contractor. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.

e. Subcontractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by Contractor funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
.

12. NON-DISCRIMINATION

Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Subcontractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the Contractor and Subcontractor, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate EXHIBIT 2

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Subcontractor or the Contractor. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein.

14. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any inter est herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent sha ll be considered null and void. Nothing in this Agreement shall be construed to l imit the Contractor’s ability to have any of the services which are the subject to this Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor.

15. TERMINATION

This Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate.
b. Payment ne ed not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. All 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.

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18. PROFESSIONAL LICENSES

Subcontractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Californ ia, the City of Santa Ana and all other governmental agencies. Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To Contractor:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6956

To Subcontractor:

Tiffany Mitchell, Psy.D.

Chief Programs Officer
Orangewood Foundation
P.O. Bo 10341
Santa Ana, CA, 92711

A Party may change its address by giving notice in writing to the other Party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, EXHIBIT 2

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communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registere d or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney’s fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

[signatures on following page]

EXHIBIT 2
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Jennifer L. Hall
Cit)· Clerk
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Jennifer L Hall
Recording Secret3I)'
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SO'\I.\ R. Ci\RVALHO
Cit) Attome) Jnd Housing Authonty
Genera! Counsel
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Andrea Garcia-\.1 tller
Assistant Cit} Attorney and
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f\1ichael L. Garcia
Executi.,. e Director
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City l\1anager
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Executive Director
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EXHIBIT 2

EXHIBIT A

STATE HHAP-4 CONTRACT

EXHIBIT 2
SCO ID: 2240-24HHAP10007
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES �-----------�-------------�

STANDARD AGREEMENT AGREEMENT NUMBER
24-HHAP-10007
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR NAME
City of Santa Ana

2. The term of this Agreement is:

START DATE
Upon HCD approval

THROUGH END DATE
June 30, 2029

3. The maximum amount of this Agreement is:
$5,878,393.38 (Five Million Eight Hundred Seventy Eight Thousand Three Hundred Ninety Three Dollars and Thirty Eight Cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Disbursement Provisions
Exhibit C * State of California General Terms and Conditions + Exhibit D HHAP General Terms and Conditions -
Exhibit E Special Terms and Conditions -
+ TOTAL NUMBER OF PAGES ATTACHED -
Items shown with an astensk (*), are hereby mcorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at httpsj/www.dgs.ca.gov/OL5/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana

CONTRACTOR BUSINESS ADDRESS
20 Civic Center Drive
CITY
Santa Ana
TITLE
Pages
13 4
GTC
04/2017
11 3
31 '
STATE
'
ZIP
CA 90262

PRINTED NAME OF PERSON SIGNING
Michael Garcia Executive Director of Community Development CONTRACTOR.f-UTHORIZED SIGNATURE
-��

DATE SIGNED
1-f;-20;2_f

EXHIBIT 2
Jenee McClain-Battiste
1/10/2025
Chief, Business and Contracts Services
EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority

This Standard Agreement (“Agreement”) is an agreement regarding Homeless Housing, Assistance, and Prevention Program Round 5 (HHAP-5 or Program) funds.

A. The State of California established HHAP-5 pursuant to the provisions in Chapter 6.5 (commencing with Health and Safety Code (HSC) section 50230) of Part 1 of Division 31 of the HSC. (Amended by Stats. 2023, Ch. 40, Sec. 17 (AB 129) effective July 10, 2023).

B. The Program is administered by the California Department of Housing and Community Development (HCD) in the Business, Consumer Services and Housing Agency (Agency). HHAP-5 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous HCD grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness
.

C. This Standard Agreement/Contract for Funds along with all its exhibits (Agreement) is entered into by HCD and a Continuum of
Care, a city, or a county (Grantee) under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) dated September 29, 2023, under which the Grantee applied, HCD guidance and directives and the requirements appearing in the statutory authority for the Program cited above.

2. Purpose

HHAP-5 is established for the purpose of organizing and deploying the full array of homelessness programs and resources comprehensively and effectively, and to sustain existing federal, state, and local investments towards long-term sustainability of permanent housing and supportive services. The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

individuals and families to maintain their permanent housing; and (2) continue to build on regional coordination developed through previous rounds of HHAP funding (See HSC section 50230 et seq.).

HHAP funding shall:

A. B e available to applicants for the purpose of reimbursement for planning and preparing the Regionally Coordinated Homelessness Action Plans required for the HHAP-5 application.

B. C ontinue to build regional collaboration between Continuums of Care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness by fostering robust regional collaboration and strategic partnerships aimed at fortifying the homeless services and housing delivery system. This should be achieved through the formulation of data- driven and cross-system plans designed to allocate resources in alignment with the state's priorities for homeless housing solutions. This means implementing strategies that create and sustain regional partnerships and prioritize permanent housing solutions.

C. Ensure the long-term sustainability of housing and supportive services, by strategically pairing these funds with other local, state, and federal resources to effectively reduce and ultimately end homelessness.

Grantees are encouraged to follow the guidance provided in “Putting the Funding Pieces Together: Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness”.

D. Demonstrate sufficient resources dedicated to long-term permanent housing solutions, including capital and operating costs.

E. Demonstrate a commitment to address racial disproportionality in homeless populations and achieve equitable provision of services and outcomes for Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness.

F. Establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

levels of planning and implementation, including through opportunities to hire people with lived experience.

G. Fund projects that provide housing and services that are Housing First compliant, per HSC section 50234(f), and delivered in a low barrier, trauma informed, and culturally responsive manner. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving interim or permanent housing, or other services for which these funds are used.

H. Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments.

3. Definitions

The following HHAP-5 program terms are defined in accordance with HSC section 50230, subdivisions (A) – (X):

A. “Agency” means the Business, Consumer Services, and Housing Agency.

B. “Applicant” means a Continuum of Care, city, county, or a region for purposes of the Regionally Coordinated Homelessness Action Plan requirements pursuant to this chapter.

C. “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.

D. “ Continuum of Care” means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.

E. “Coordinated Entry System” means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.

F. “Regionally Coordinated Homelessness Action Plan” means the regionally coordinated homelessness action plan described in Section 50233.

G. “Council” means the associated staff within the Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

H. “Department” means the Department of Housing and Community Development.

I. “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801.

J. “Grantee” means an eligible applicant that has received its initial Round 5 base allocation or total Round 5 base allocation, as applicable.

K. “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.

L. “Homeless Management Information System” means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.

M. “Homeless point-in-time count” means the most recently available point-in- time count data as reflected in the Annual Homeless Assessment Report released by the United States Department of Housing and Urban Development.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

N. “Homeless youth” means an unaccompanied youth between 12 and 24 years of age who is experiencing homelessness, as defined in Section 725(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.

O. “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.

P. “Jurisdiction” means a city, county, Continuum of Care, or tribe, as defined in this section.

Q. “Memorandum of Understanding” has the same meaning as defined in subdivision (f) of Section 50233.

R. “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

S. “Program” means Round 5 of the Homeless Housing, Assistance, and Prevention program, or Round 5, established pursuant to this chapter.

T. 1) “Base program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges pursuant to the allowable uses specified in Section 50236.

2) “Homekey supplemental allocation” means the portion of program funds available to eligible jurisdictions as supplementary Homekey resources, as defined in Section 50237.

U. “Recipient” means a jurisdiction that receives funds from HCD for the purposes of the program.

V. 1) Except as set forth in paragraph 2) below, “region” means the geographic area served by a county, including all cities and Continuum of Care within it. A region that has a Continuum of Care that serves multiple counties may submit a plan that covers multiple EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

counties and the cities within them, or the Continuum of Care may participate in the Regionally Coordinated Homelessness Action Plan of each individual county that is part of the Continuum of Care along with the cities within the county.

2) All Continuums of Care within the County of Los Angeles shall be considered part of a single region, along with the county and big cities within the county.

W. “Small jurisdiction” means a city that is under 300,000 in population as of January 1, 2022, according to data published on the internet website of the Department of Finance.

X. “Tribe” or “tribal applicant” means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code that is located in California.

Additional definitions for the purposes of the HHAP-5 program:

Allocations:

“Initial HHAP-5 Base Allocation”: fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP-5 allocation.

“HHAP-5 Planning Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s HHAP Round 5 planning allocation.

“Initial Supplemental Funding Allocation”: one hundred percent (100%) of the eligible city, county, or Continuum of Care’s share of the one hundred ($100) million Supplemental Allocation.

“Remainder Disbursement”: the remaining fifty percent (50%) of the eligible city, county, or Continuum of Care’s HHAP- 5 base allocation.

“Obligate”: means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-5 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

“Expended”: means all HHAP-5 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.

4. Scope of Work

A. The Scope of Work (“Work”) for this Agreement shall include uses that are consistent with HSC section 50234, subdivision (a) (1), and section 50236, and any other applicable laws.

B. HHAP-5 Planning Allocation funds are for the purpose of planning for and preparing the Regionally Coordinated Homelessness Action Plan required as part of the HHAP-5 regional application. Any Planning Allocation funds that are not spent on the preparation of the HHAP-5 application must be expended consistent with the purpose and requirements of the HHAP-5 program, as described below.

C. Provided that before proposing to use HHAP-5 resources to fund new interim housing solutions, the applicant first demonstrates that the region has dedicated sufficient resources from other sources to long-term permanent housing solutions, including capital and operating costs, allowable uses of HHAP-5 base program allocation funds include all of the following:

1) Permanent housing solutions, including all of the following:

a) Rental subsidies, including to support placement of individuals in Community Assistance, Recovery and
Empowerment (CARE) Court.

b) Landlord incentives, such as security deposits, holding fees, funding for needed repairs, and recruitment and relationship management costs.

c) Move-in expenses.

d) Operating subsidies in new and existing affordable or supportive housing units serving people experiencing
homelessness, including programs such as Homekey, new
or existing residential care facilities, funded by the
Behavioral Health Continuum Infrastructure Program or the EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

Community Care Expansion Program. Operating subsidies
may include operating reserves.

e) Homelessness prevention through rental assistance, rapid rehousing, and other programs, so long as they prioritize households at imminent risk of homelessness or households with incomes at or below thirty percent (30%) of the area median income, who pay more than fifty percent (50%) of their income in housing costs, and who meet criteria for being at highest risk of homelessness through data-informed criteria.

f) Problem-solving and diversion support programs that prevent people at risk of or recently experiencing
homelessness from entering unsheltered or sheltered
homelessness.

g) Services for people in permanent housing, so long as the services are trauma-informed and practice harm reduction, to include intensive case management services, assertive community treatment services, critical time intervention services, other tenancy support services, evidence-based employment services, coordinating mental health, substance use, and primary care treatment, or other evidence-based supportive services to increase housing retention.

h) Capital for permanent housing that serves people
experiencing homelessness, including conversion of
underutilized buildings or existing interim or transitional housing into permanent housing.

2) Interim housing solutions, including all of the following:

a) Navigation centers that are low barrier, as defined in Sections 65660 and 65662 of the Government Code, to
include any of the following:

b) Operating expenses in existing congregate shelter sites.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

c) Operating expenses in new or existing non-congregate shelter sites and transitional housing for youth.

d) Motel or hotel vouchers.

e) Services provided to people in interim housing, to include trauma-informed and evidence-based intensive case
management services, housing navigation, connecting
people to substance use or mental health treatment, public benefits advocacy, and other supportive services to promote stability and referral into permanent housing.

f) Capital funding to build new non-congregate shelter sites, including for construction, rehabilitation, and capital improvements to convert existing congregate sites into non- congregate sites.

g) Capital funding for clinically enhanced congregate or non- congregate shelter sites.

h) Youth-focused services in transitional housing.

3) Service provisions and systems support including all of the following:

a) Services for people experiencing unsheltered homelessness, including street outreach, including, but not limited to, persons experiencing homelessness from encampment sites and those transitioning out of encampment sites funded by the program known as the Encampment Resolution Funding
Grant consistent with HSC Section 50251 to access
permanent housing and services. This includes evidence- based engagement services, intensive case management
services, assertive community treatment, housing
navigation, harm reduction services, coordination with street- based health care services, and hygiene services for people living in encampments and unsheltered individuals.

b) Services coordination, which may include access to
workforce, education, and training programs, or other
EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

services needed to promote housing stability in supportive housing.

c) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations, including families and homeless youth.

d) Improvements to existing emergency shelters to lower barriers and increase privacy.

e) Any new interim sheltering funded by Round 5 funds must be low-barrier, comply with Housing First practices as
provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.

4) In addition to the eligible uses described above, the Grantee’s expenditure of its entire HHAP-5 Base Allocation must also comply with the following:

a) At least ten percent (10%) of the funds shall be spent on services for homeless youth populations.

b) Not more than seven percent (7%) of funds may be used for administrative costs incurred by the city, county, or
Continuum of Care to administer its program allocation. For purposes of this Agreement, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.

Grantee shall perform the work only in the areas as identified, and in accordance with any guidance from HCD.

5) Contract Coordinator

HCD’s Contract Coordinator for this Agreement is HCD’s Grants Program Design Section Chief or their designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be sent to the HCD Contract Coordinator electronically.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
& Community Development City of Santa Ana
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon St SW, Suite 400
Sacramento, CA, 95811
20 Civic Center Drive,
Santa Ana, CA 90262

CONTRACT

COORDINATOR

Jeannie McKendry

Mishaun Watkins

PHONE
NUMBER: (916) 490-9589 (562) 637-5405
EMAIL
ADDRESS:

[email protected]
[email protected] [email protected]

All requests to update the Grantee information listed within this Agreement shall be emailed to the HPD Homelessness Grants general email box at [email protected]. HCD reserves the right to change their representative and/or contact information at any time with notice to the Grantee.

6) Effective Date, Term of Agreement, and Deadlines

A. This Agreement is effective upon approval by HCD (indicated by the signature provided by HCD in the lower left section of page one, Standard Agreement, STD. 213), and when signed by all parties. Funds will be disbursed in accordance with Section 4 of Exhibit B.

B. This Agreement shall terminate on June 30, 2029.

C. On or before January 1, 2026, a Grantee shall submit to the Department an updated Regionally Coordinated Homelessness Action Plan, which shall include updates on the metrics and key actions to improve these metrics, which shall be reviewed and approved by HCD pursuant to HSC 50235 subdivision (h). A Grantee shall contractually obligate no less than seventy-five percent (75%) and shall expend no less than fifty percent EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

(50%) of their initial fifty percent (50%) HHAP-5 base allocation disbursement by June 30, 2026. This excludes both the HHAP-5 planning and Initial Supplemental Allocations. Upon demonstration by a recipient Grantee that it has complied with both of these requirements, the Department shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 base allocation pursuant to HSC Section 50235.

1) Grantee will demonstrate compliance with these obligation and expenditure requirements through monthly fiscal reports and by completing a certification documentation in the form and manner provided by HCD.

D. If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 base allocation, and HCD shall not allocate to the recipient the remaining fifty percent (50%) of its HHAP-5 base allocation, unless both of the following occur:

1) On or before June 30, 2026, the Grantee submits an alternative disbursement plan to HCD that includes an explanation for the delay.

2) HCD approves the alternative disbursement plan.

If a Grantee does not satisfy these requirements, HCD shall have the discretion to allocate the unused funding in a manner prescribed by HCD.

If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2027, the funds shall be returned to HCD to be allocated as supplemental awards in accordance with Health and Safety Code Section 50237.

E. All HHAP-5 funds, including base allocations, planning allocations, and supplemental funding, shall be expended by June 30, 2028.

F. Any funds, including planning allocations and supplemental funding, not expended by June 30, 2028, shall revert to, and be paid and deposited in, the General Fund pursuant to Health and Safety Code section 50235 subdivision (m).

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT A

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

G. HCD may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements.

7) Capacity and Authority to Contract

A. By signing this Agreement, the Grantee is certifying that it has the capacity and authority to fulfill the obligations enumerated in this agreement. The Grantee further represents that it is authorized to execute this Agreement.

B. Each person executing this Agreement on behalf of an entity, other than an individual executing this Agreement on their own behalf, represents that they are authorized to execute this Agreement on behalf of said entity.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT B

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

BUDGET DETAIL AND DISBURSEMENT PROVISIONS

1. Payee

Name: City of Santa Ana Amount: $ 5,878,393.38

2. Budget Detail & Changes

A. The Grantee agrees that HHAP-5 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.

B. The Grantee shall expend the HHAP-5 funds on eligible activities as detailed in HSC 50234, subdivision (a)(1)(A) and 50236 and as described in the grantees latest approved HHAP-5 funding plan.

C. Any changes to the Grantee’s budget must be approved in writing by HCD prior to incurring expenses.

3. General Conditions Prior to Disbursement

A. All Grantees must submit the following forms prior to this HHAP-5 allocation being released:

1) Request for Funds Form (“RFF”).

2) STD 213 Standard Agreement form and Exhibits A through E.

3) STD 204 Payee Data Record or Government Agency Taxpayer ID Form.

4. Disbursement of Funds

A. Initial Disbursement

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT B

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

1) The Initial Disbursement of the HHAP-5 allocation includes the initial HHAP-5 base allocation, HHAP-5 planning allocation, and initial supplemental allocation. These funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

2) The Initial disbursement of HHAP-5 funds will be disbursed in one allocation, and issued to the Grantee, identified on the Payee Data Record Form or Government Agency Taxpayer ID Form.

B. Remainder Disbursement

1) HCD will disburse the remaining fifty percent (50%) of HHAP-5 base allocation upon demonstration by a Grantee that it has complied with the requirement to contractually obligate and expend a minimum amount of its initial Round 5 base allocation, as described below, and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan that includes updates on measures and illustrates the advancement of key actions outlined in the original Regionally Coordinated Action Plan to improve those measures, as outlined in Section 50235(h).

a) A Grantee shall contractually obligate no less than seventy- five percent (75%) and shall expend no less than fifty
percent (50%) of their initial fifty percent (50%) HHAP-5 base allocation by June 30, 2026. This excludes both the HHAP-5 planning allocation and the supplemental allocation. Upon demonstration by a grantee that it has complied with this requirement and receives approval for the submitted Updated Regionally Coordinated Homelessness Action Plan, HCD
shall disburse to that recipient the remaining fifty percent (50%) of its HHAP-5 program allocation pursuant to Section 50234.
b) If a Grantee has obligated less than seventy-five percent (75%) or expended less than fifty percent (50%) of their initial fifty percent (50%) HHAP-5 program allocation by June 30, 2026, the Grantee shall not contractually obligate or expend any remaining portion of its initial HHAP-5 program allocation, and HCD shall not allocate to the recipient the EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT B

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

remaining fifty percent (50%) of its HHAP-5 program
allocation, unless both of the following occur:

i. On or before June 30, 2026, the Grantee submits an
alternative disbursement plan to HCD that includes an
explanation for the delay.

ii. HCD approves the alternative disbursement plan. If
HCD cannot approve an alternative disbursement
plan, HCD will provide the Grantee with guidance on
the revisions needed in order to approve the
alternative disbursement plan.

c) HCD may withhold the remaining fifty percent (50%) of HHAP-5 program allocation funds from a jurisdiction that repeatedly failed to take action as specified in its Regionally Coordinated Homelessness Action Plan, or that took actions adverse to achieving the plan objectives provided pursuant to Section 50233, until such time the jurisdiction
demonstrates to HCD they are in substantial compliance
with the requirements of HSC 50235 subdivision (h).

5. Expenditure of Funds

All HHAP-5 funds must be spent consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236 and in alignment with the Grantee’s latest, approved funding plan.

6. Ineligible Costs

A. HHAP-5 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in HSC section 50234, subdivision (a)(1)(A) and 50236.

B. HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-5 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT B

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

C. An expenditure which is not authorized by this Agreement, or by written approval of the Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed and must be immediately repaid to HCD by the Grantee. A Grantee shall be prohibited from applying for future HHAP funds until they have repaid these funds to HCD.

HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-5 fund expenditures.

D. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the Grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program.

Examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant.

E. Program funds shall not be used to supplant existing Encampment Resolution Funding Grant funds provided under HSC section 50251.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

HHAP GENERAL TERMS AND CONDITIONS

1. Termination and Sufficiency of Funds

A. Termination of Agreement

HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee.

Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit D; violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within thirty (30) days of HCD’s notice of termination.

B. Sufficiency of Funds

This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner.

2. Transfers

Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D Section 12 (Special Conditions – Grantees/Sub Grantee) or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. Grantee’s Application for Funds

Grantee has submitted to HCD an application for HHAP-5 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. HCD is entering into this Agreement on the basis of Grantee’s facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

requested through the formal HHAP Budget Modification Request Process and are subject to approval by HCD.

Grantee warrants that all information, facts, assertions, and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. Reporting/Audits

A. Reporting Requirements

1) Annual Report: Grantees will be responsible for submitting an annual report no later than April 1 each year following the receipt of funds until all funds are fully expended. The annual report will contain detailed information on program activities in accordance with HSC sections 50221, 50222, and 50223, and be submitted in the form and method provided by HCD. The annual report must provide information on activities through the prior calendar, including, but not limited to, an ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses, as well as any additional information HCD deems appropriate or necessary.

2) Monthly Fiscal Report: Grantees will be responsible for submitting a monthly fiscal report in accordance with HSC section 50223, in the form and method provided by HCD. The monthly fiscal report must provide information, including but not limited to, the obligation and expenditure status of the program funds by eligible uses category.

3) Final Report: Grantees will be responsible for submitting a final report in accordance with HSC section 50223 no later than April 1, 2029, and must be submitted in the form and method provided by HCD. The final report must provide information, including but not limited to, detailed uses of all program funds.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

4) HMIS/HDIS Reporting: Grantees and their subcontractors must report client data into their local Homeless Management Information Systems (HMIS) pursuant to the requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021), and that data must be shared quarterly with the statewide Homeless Data Integration System (HDIS). As part of reporting responsibilities in accordance with HSC sections 50221, 50222, and 50223, Grantees must ensure proper recording of activities associated with these program funds. This is intended to efficiently capture many of the non-fiscal reporting responsibilities required under HSC sections 50221, 50222, and 50223. HCD will make efforts to utilize statewide Homeless Data Integration System to fulfill grantee reporting requirements under HSC sections 50221, 50222, and 50223, however improper reporting into that system may require HCD to seek additional information directly from Grantees.

Grantees may also be required to accept training and technical assistance in this area if their HMIS/HDIS is not properly tracked and shared.

5) HCD may require additional supplemental reporting with written notice to the Grantee.

6) G rantee may, at their discretion, fully expend their HHAP-5 allocation prior to the end date of the grant term and will not be required to submit monthly fiscal reports after the month in which their allocation was fully expended.

B. Auditing

HCD reserves the right to perform or cause to be performed a financial audit. At HCD’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-5 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions:

1) T he audit shall be performed by an independent certified public accountant.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

2) The Grantee shall notify HCD of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor's working papers.

3) The Grantee is responsible for the completion of audits and all costs of preparing audits.

4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within ninety (90) days from the date of the audit finding report.

5. Inspection and Retention of Records

A. Record Inspection

HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to
performance under this Agreement. The Grantee agrees to provide HCD, or its designee, with any relevant information requested. The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP-5 program guidance document published on the website, and this Agreement.

In accordance with HSC section 50220.8, subdivision (m), if upon inspection of records HCD identifies noncompliance with grant requirements, HCD retains the right to impose a corrective action plan on the Grantee.

B. Record Retention

The Grantee further agrees to retain all records described in subparagraph (A) for a minimum period of five (5) years after the termination of this Agreement.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

C. Public Records Act

The Grantees’ final HHAP-5 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

6. Breach and Remedies

A. Breach of Agreement

Breach of this Agreement includes, but is not limited to, the following events:

1) Grantee’s failure to comply with the terms or conditions of this Agreement.

2) Use of, or permitting the use of, HHAP-5 funds provided under this Agreement for any ineligible activities.

3) Any failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement

In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:

1) Bar the Grantee from applying for future HHAP funds.

2) Revoke any other existing HHAP award(s) to the Grantee.

3) Require the return of any unexpended HHAP-5 funds disbursed under this Agreement.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

4) Require repayment of HHAP-5 funds disbursed and expended under this Agreement.

5) Require the immediate return to HCD of all funds derived from the use of HHAP-5 funds.

6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-5 requirements.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than fifteen (15) days.

7. Waivers

No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

8. Nondiscrimination

During the performance of this Agreement, the Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. Conflict of Interest

All Grantees are subject to state and federal conflict of interest laws. For instance, HSC section 50220.5, subdivision (i) states, “For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.”

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on
his or her own behalf as an
independent Grantee with any State agency to provide goods or services.

B. Former State Employees: For the two (2) year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve (12) month period from the date, he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve (12) month period prior to his or her leaving State service.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.).

D. Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.

10. Drug-Free Workplace Certification

Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1).

A. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:

1) The dangers of drug abuse in the workplace.

2) Grantee’s policy of maintaining a drug-free workplace.

3) Any available counseling, rehabilitation, and employee assistance program; and

4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:

1) Will receive a copy of Grantee’s drug-free policy statement, and

2) Will agree to abide by terms of Grantee’s condition of employment or subcontract.

11. Child Support Compliance Act

For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. Special Conditions – Grantees/Subgrantee

The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibits C and D. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-5 funds. Failure to comply with these conditions may result in termination of this Agreement.

A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.

3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.

4) Agree to include all the terms of this Agreement in each subcontract.

B. The Grantee shall monitor the activities of all subgrantees to ensure compliance with all requirements under the HHAP program.

As requested by HCD, the Grantee shall provide to HCD all monitoring documentation necessary to ensure that Grantee and its subgrantees are in continued compliance with HHAP requirements. Such documentation requirements shall be provided by HCD when the information is requested.

13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations

The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the HHAP-5 program, the Grantee, its subrecipients, and all eligible activities.

The Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. The Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT D

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

environmental protection, procurement, and safety laws, rules, regulations, and ordinances. The Grantee shall provide copies of permits and approvals to HCD upon request.

14. Inspections

A. The Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

C. The Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15. Litigation

A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the Initial terms of this Agreement shall remain in full force and effect.

Therefore, the provisions of this Agreement are and shall be deemed severable.

B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.

EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT E

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

SPECIAL TERMS AND CONDITIONS

1. All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-5 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-5 funds, must be used for HHAP-5-eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest- bearing accounts.

2. Per HSC section 50234 subdivision (f), any housing-related activities funded with HHAP-5 funds, including but not limited to emergency shelter (per HSC section 50236 subdivision (c)(3)(E), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-5 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re-housing, and longer-term interventions like supportive housing.

3. The Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-5-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-5 funding (e.g., by creating appropriate HHAP-5-specific funding sources and project codes in HMIS).

4. The Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the HMIS in accordance with their existing Data Use Agreements, and as required by HSC sections 50234(b) and 50220.6 and Welfare and Institutions Code section 8256. Any health information provided to, or maintained within, the Homeless Management Information System, or the State Homeless Data Integration System (HDIS), which compiles all HMIS data into a statewide data warehouse, shall not be subject to public inspection or disclosure under the California Public EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT E

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, HCD, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

5. The Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD and report to HCD on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.

6. The Grantee agrees to demonstrate a commitment to racial equity and, per HSC section 50222 subdivision (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCD, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19.

7. The Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

8. HCD reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved.

9. The Department represents that the intent of Exhibit D Section 1(B) is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in Homeless Housing, Assistance and Prevention Program, Round 5 Notice of Funding Availability dated September 29, 2023 for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D Section 1(B) once construction has commenced in compliance with Program requirements and in EXHIBIT 2
City of Santa Ana
24-HHAP-10007

EXHIBIT E

Program Name: Homeless Housing, Assistance, and Prevention Program Round 5 “HHAP-5”
NOFA Date: September 29, 2023
Approved Date: August 8, 2024
Prep Date: November 1, 2024

accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.

EXHIBIT 2

EXHIBIT B

HUD OBLIGATION LETTER

EXHIBIT 2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Financial Management Center
2380 McGee Street, Suite 400
Kansas City, MO 64108-2605

OFFICE OF PUBLIC AND INDIAN HOUSING

This letter is to notify you that funds have been obligated for CY 2022 HCV Program administrative fee set-aside Special Fees per the award letter dated February 21, 2023. This is a one-time award and has been automatically disbursed in a lump sum. No action is required by your PHA to receive the disbursement.

Dear Executive Director:

SUBJECT: Calendar Year (CY) 2022 Housing Choice Voucher (HCV) Program Public housing agencies receiving an increment in excess of $100,000 in Budget Authority (BA) are required to submit Form HUD-50071, Certification of Payments to Influence Federal Transactions, and if applicable, Form SF-LLL, Disclosure of Lobbying Activities. If this letter notifies you of a renewal in excess of $100,000, and your PHA has not submitted the Form(s) HUD-50071 (and SF-LLL where applicable) for your current fiscal year; the documents must be submitted to your Financial Analyst at the Financial Management Center (FMC) within 30 days of the date of this letter. These forms are located on the Internet at the following addresses:

CITY OF SANTA ANA HSG AUTH
20 CIVIC CENTER PLAZA
P.O. BOX 22030
SANTA ANA, CA 92701-2701
CA093
March 3, 2023
The specific information concerning the obligation(s) for your public housing agency (PHA) is identified below.

Form HUD-50071
https://www.hud.gov/sites/documents/50071.PDF
Form SF-LLL
https://www.hud.gov/sites/documents/19161_SF-LLL.PDF

Attached is your Notice to Amend the Consolidated Annual Contributions Contract (CACC) with revised funding exhibits reflecting the change(s) described above. The amendment notice and revised funding exhibits should be filed with your most recent CACC.

No execution by HUD or your PHA is required.

Administrative Fee Set-Aside Special Fees
www.hud.gov espanol.hud.gov
EXHIBIT 2
2 Sincerely
If you have any questions about the matters discussed in this letter, please contact your Financial Analyst (FA) at the Financial Management Center (FMC). 23-079
Enclosure(s)
Memo Reference:

Director, Financial Management Center
EXHIBIT 2
3 U. S. Department of Housing and Urban Development
Office of Public and Indian Housing
Section 8
Increment Number Table
Housing Choice Voucher Program
Effective
Date
Term
(Months)
Funding Increment
Number
Budget Authority
March 3, 2023
Category
3/1/2023 1CA093AF0161 $45,000 CY22 Special Fee Set-Aside: FUP 3/1/2023 1CA093AF0160 $45,000 CY22 Spec Fee Set-Aside HUD VASH EXHIBIT 2
Consolidated
Annual Contributions Contract

U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Housing Choice Voucher Program Section 8

HUD NOTICE TO HOUSING AGENCY AMENDING

CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT

Housing Agency:

In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibits of the Consolidated Annual Contributions Contract is hereby revised to add a new funding increment as provided in the attached revised funding exhibit. (This notice adds one or more funding increments listed on the attached funding exhibit.)

The revised funding exhibit is attached to this HUD notice. This revised funding exhibit replaces and revises the prior funding exhibit.

In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibit constitutes an amendme nt to the Consolidated Annual Contributions Contract.

United States of America Secretary of Housing and Urban Development Date of Document:

Authorized Representative

Robert H. Boepple, Director
Financial Management Center

Form HUD-52520A (12/97)
CA093

CITY OF SANTA ANA HSG AUTH
3/3/2023
EXHIBIT 2
ACC NUMBER: CA093
FIELD OFFICE: 9DPH

CITY OF SANTA ANA HSG AUTH
20 CIVIC CENTER PLAZA
06/30HA FISCAL YEAR-END: PROGRAM TYPE:

CA093
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIH SECTION 8 - FUNDING EXHIBIT

PROGRAM-BASED
P.O. BOX 22030
SANTA ANA, CA 92701
HAP-Voucher Program
UNITS
BUDGET

AUTHORITY

CONTRACT
TERM

FIRST DAY OF
TERM

LAST DAY OF
TERM

FUNDING

INCREMENT NUMBER
CA093AF0140 3/1/2021 3/31/2021 1 376,879 N/A
CA093VO0231 3/1/2021 3/31/2021 1 3,196,190 2699
CA093AFR420 4/1/2021 4/30/2021 1 64,570 N/A
CA093AF0141 4/1/2021 5/31/2021 2 515,068 N/A
CA093VO0232 4/1/2021 5/31/2021 2 6,416,114 2699
CA093AF0142 6/1/2021 9/30/2021 4 1,036,092 N/A
CA093AF0144 9/1/2021 9/30/2021 1 84,017 N/A
CA093AF0145 9/1/2021 9/30/2021 1 84,017 N/A
CA093AFR221 9/1/2021 9/30/2021 1 47,351 N/A
CA093VO0234 6/1/2021 9/30/2021 4 13,066,437 2699
CA093VOPR20 9/1/2021 9/30/2021 1 80,388 N/A
CA093AF0143 10/1/2021 10/31/2021 1 259,023 N/A
CA093VO0235 10/1/2021 10/31/2021 1 3,228,320 2699
CA093AF0147 11/1/2021 11/30/2021 1 217,884 N/A
CA093VO0236 11/1/2021 11/30/2021 1 3,228,323 2699
CA093AF0148 12/1/2021 12/31/2021 1 217,884 N/A
CA093VO0227 1/1/2021 12/31/2021 12 1 100
CA093VO0228 1/1/2021 12/31/2021 12 1 100
CA093VO0229 1/1/2021 12/31/2021 12 1 5
CA093VO0230 1/1/2021 12/31/2021 12 1 75
CA093VO0233 1/1/2021 12/31/2021 12 1 22
CA093VO0237 12/1/2021 12/31/2021 1 3,228,323 2699
CA093VO0247 12/1/2021 12/31/2021 1 47,248 N/A
CA093VO0238 1/1/2022 1/31/2022 1 3,349,016 2699
CA093AF0149 1/1/2022 2/28/2022 2 601,494 N/A
CA093VO0239 2/1/2022 2/28/2022 1 2,561,064 2699
CA093VO0240 2/1/2022 2/28/2022 1 787,952 N/A
CA093AF0150 3/1/2022 3/31/2022 1 300,747 N/A
CA093AFR321 3/1/2022 3/31/2022 1 69,531 N/A
EXHIBIT 2

UNITS
BUDGET

AUTHORITY

CONTRACT
TERM

FIRST DAY OF
TERM

LAST DAY OF
TERM

FUNDING

INCREMENT NUMBER
CA093VO0222 4/1/2021 3/31/2022 12 344,259 25
CA093VO0245 3/1/2022 3/31/2022 1 3,349,016 2699
CA093AF0151 4/1/2022 4/30/2022 1 293,659 N/A
CA093VO0246 4/1/2022 4/30/2022 1 2,981,408 2699
CA093VO0248 4/1/2022 4/30/2022 1 435,684 N/A
CA093VOPR21 4/1/2022 4/30/2022 1 110,162 N/A
CA093AF0152 5/1/2022 5/31/2022 1 293,659 N/A
CA093AFR421 5/1/2022 5/31/2022 1 213,399 N/A
CA093VO0251 5/1/2022 5/31/2022 1 3,451,783 2699
CA093AF0153 6/1/2022 9/30/2022 4 1,220,404 N/A
CA093AFR122 9/1/2022 9/30/2022 1 78,583 N/A
CA093VO0252 6/1/2022 9/30/2022 4 13,347,397 2699
CA093AF0154 10/1/2022 10/31/2022 1 305,101 N/A
CA093AF0155 10/1/2022 10/31/2022 1 28,500 N/A
CA093VO0253 10/1/2022 10/31/2022 1 3,374,832 2699
CA093AFR222 11/1/2022 11/30/2022 1 90,438 N/A
CA093AF0156 11/1/2022 12/31/2022 2 653,092 N/A
CA093VO0241 1/1/2022 12/31/2022 12 1 100
CA093VO0242 1/1/2022 12/31/2022 12 1 100
CA093VO0243 1/1/2022 12/31/2022 12 1 5
CA093VO0244 1/1/2022 12/31/2022 12 1 75
CA093VO0249 4/1/2022 12/31/2022 9 1 25
CA093VO0250 1/1/2022 12/31/2022 12 1 21
CA093VO0256 11/1/2022 12/31/2022 2 6,859,827 2699
CA093AF0158 1/1/2023 1/31/2023 1 750 N/A
CA093AF0157 1/1/2023 2/28/2023 2 653,092 N/A
CA093AFR322 2/1/2023 2/28/2023 1 112,952 N/A
CA093VO0257 1/1/2023 2/28/2023 2 7,603,420 2699
CA093AF0159 3/1/2023 3/31/2023 1 330,396 N/A
CA093AF0160 3/1/2023 3/31/2023 1 45,000 N/A
CA093AF0161 3/1/2023 3/31/2023 1 45,000 N/A
CA093VO0266 3/1/2023 3/31/2023 1 3,868,744 2699
CA093VO0267 3/1/2023 3/31/2023 1 948,449 N/A
CA093VO0254 10/1/2022 9/30/2023 12 623,708 38
CA093VO0255 10/1/2022 9/30/2023 12 376,512 25
CA093VO0258 1/1/2023 12/31/2023 12 1 100
CA093VO0259 1/1/2023 12/31/2023 12 1 100
CA093VO0260 1/1/2023 12/31/2023 12 1 5
CA093VO0261 1/1/2023 12/31/2023 12 1 75
CA093VO0262 1/1/2023 12/31/2023 12 1 25
EXHIBIT 2

UNITS
BUDGET

AUTHORITY

CONTRACT
TERM

FIRST DAY OF
TERM

LAST DAY OF
TERM

FUNDING

INCREMENT NUMBER
CA093VO0263 1/1/2023 12/31/2023 12 1 17
CA093VO0264 10/1/2023 12/31/2023 3 1 25
CA093VO0265 1/1/2023 12/31/2023 12 17,610 1
EXHIBIT 2

EXHIBIT C

SCOPE OF WORK

EXHIBIT 2

CITY OF SANTA ANA

Services Coordination for Transitional Age Youth and Former Foster Youth An organization who is awarded a contract from responding to this RFP will have a scope of work that is reflective of what is described here and in their RFP proposal, agreed upon and finalized with the Housing Authority of the City of Santa Ana.

A. Key Objectives

1. Provide housing navigation and landlord incentive services to assist the Foster Youth to Independence (FYI) voucher holder to lease a rental unit in the private market.

2. After the FYI voucher holder leases a rental unit, provide independent living skills training and life skills supportive services to maintain stable housing and not return to homelessness including:
a. E mpower youth with practical skills for independent living in their rental unit. b. Foster personal growth, self-advocacy, and community engagement. c. Support participants in achieving educational and employment goals.

B. Housing Navigation and Landlord Incentive Services Required The selected provider will be responsible for delivering the following services, including but not limited to:

1. Housing Search Assistance:
a. Housing search assistance is a broad term which may include many activities such as but not limited to:
i. H elping a family identify and visit potentially available units during their housing search,
ii. H elping to find a unit that meets the household’s disability-related needs, P iii. P roviding transportation and directions,
iv. A ssisting with the completion of rental applications and PHA forms, and v. H elping to expedite the FYI leasing process for the family.

2. Security Deposit/Utility Deposit/Rental Application/Holding Fees:
a. Application fees/non-refundable administrative or processing fees/refundable application deposit assistance: The selected provider may choose to assist the family with some or all these expenses.
b. Holding fees: It is not uncommon for an owner to request a holding fee that is rolled into the security deposit after an application is accepted but before a lease is signed. i. The selected provider may cover part or all of the holding fee for units where the fee is required by the owner after a tenant’s application has been accepted but before the lease signing.
ii. The provider and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. iii. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. c. Security deposit assistance: The selected provider may provide security deposit assistance for the family.
i. The amount of the security deposit assistance may not exceed the lesser of two months’ rent to owner, the maximum security deposit allowed under

EXHIBIT I

SCOPE OF SERVICES

City of Santa Ana
RFP No. 25-057A

EXHIBIT 2

CITY OF SANTA ANA

applicable state and/or local law, or the actual security deposit required by the owner.
ii. The provider may place conditions on the security deposit assistance, such as requiring the owner or family to return the security deposit assistance to the provider at the end of the family’s tenancy (less any amounts retained by the owner in accordance with the lease).
iii. Security deposit assistance returned to provider must be used for the same or other eligible uses.
d. Utility deposit assistance/utility arrears: The selected provider may provide utility deposit assistance for some or all of the family’s utility deposit expenses. i. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant-supplied utilities.
ii. The selected provider may also provide the family with assistance to help address these utility arrears to facilitate leasing.
iii. Utility deposit assistance that is returned to the provider must be used for the same or other eligible uses.

3. Landlord Incentive Services:
a. Owner recruitment and outreach: The selected provider may conduct owner recruitment and outreach.
i. In addition to traditional owner recruitment and outreach, activities may include providing enhanced customer service, and offering owner incentive and/or retention payments
b. Owner incentive and/or retention payments: The selected provider may make incentive or retention payments to owners that agree to initially lease their unit to an FYI voucher holder.
i. The selected provider may design the owner incentive payment to meet its specific needs (such as, for example, limiting the incentive payments to new owners or owners in high opportunity neighborhoods, or structuring all or part of the payment as a damages or unpaid rent mitigation fund, where the owner receives the mitigation payment only if the security deposit is insufficient to cover damages and other amounts owed under the lease).
ii. The selected provider may condition the offer of the owner incentive payment on the owner’s agreement to abide by certain terms and conditions. For example, the selected provider could require the owner to agree to contact and work with the family’s case manager or other intervention services should lease violations or other tenant-related issues arise during the assisted tenancy before taking action to evict the tenant.

4. Other Activities:
a. Moving expenses (including move-in fees and deposits): The selected provider may provide assistance for some or all of the family’s reasonable moving expenses when they initially lease a unit with their FYI voucher.
b. Tenant-readiness services: The selected provider may help create customized plans to address or mitigate barriers that individual families may face in renting a unit with an FYI voucher, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources that can assist with rental arrears.

City of Santa Ana
RFP No. 25-057A

EXHIBIT 2

CITY OF SANTA ANA

c. Essential household items: The selected provider may assist the family with some or all of the costs of acquiring essential household items (e.g., tableware, bedding, etc.). d. Renter’s insurance if required by the lease: The selected provider may assist the family with some or all of the cost of renter’s insurance, but only in cases where the purchase of renter’s insurance is a condition of the lease.

C. Independent Living Skills Training and Life Skills Supportive Services Required The selected provider will be responsible for delivering the following services, including but not limited to:

1. Independent Living Skills Training:
a. Household Management: Training on meal planning, cooking, cleaning, laundry, and home safety.
b. Financial Literacy: Budgeting, banking, bill payment, credit management, and savings strategies.
c. Personal Care and Health Management: Hygiene, grooming, dressing skills, and health maintenance.
d. Time Management and Organization
e. Transportation Skills: Guidance on using public transportation, route planning, and obtaining driver’s licenses when applicable.

2. Life Skills Development:
a. Employment Preparation: Career exploration, resume writing, job search strategies, interview preparation, and workplace etiquette.
b. Educational Support: Assistance with GED preparation, college applications, financial aid navigation, and vocational training opportunities.
c. Self-Advocacy: Decision-making skills, problem solving techniques, and accessing community resources.
d. Social Skills: Training to build healthy relationships and community connections. e. Workshops: Organize and conduct regular workshops on various life skills topics such as communication skills, conflict resolution, stress management, and healthy relationships.

3. Comprehensive Case Management Services:
a. Conduct initial assessments to identify individual needs and goals. b. Develop personalized service plans.
c. Provide ongoing support and regular check-ins to ensure goal achievement. d. Coordination with local agencies for additional support services as needed. e. Work with participants to create comprehensive self-sufficiency plans. f. Assist in setting and achieving goals related to housing, education, and career.

D. Reports

1. Contractor shall submit a Quarterly Homeless Housing, Assistance, and Prevention Program (HHAP) Funds Report to the Housing Authority Coordinator thirty (30) days following the end of each quarter as listed below:

Quarter Due Dates
Quarter 1: July 1, 2025 – September 30, 2025 October 31, 2025 Quarter 2: October 1, 2025 – December 31, 2025 January 31, 2026 Quarter 3: January 1, 2026 – March 30, 2026 April 30, 2026 Quarter 4: April 1, 2026 – June 30, 2026 July 31, 2026 Quarter 1: July 1, 2026 – September 30, 2026 October 31, 2026 City of Santa Ana
RFP No. 25-057A

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CITY OF SANTA ANA
Quarter 2: October 1, 2026 – December 31, 2026 January 31, 2027 Quarter 3: January 1, 2027 – March 30, 2027 April 30, 2027 Quarter 4: April 1, 2027 – June 30, 2027 July 31, 2027
Quarter 1: July 1, 2027 – September 30, 2027 October 31, 2027 Quarter 2: October 1, 2027 – December 31, 2027 January 31, 2028 Quarter 3: January 1, 2028 – March 30, 2028 April 30, 20278 Quarter 4: April 1, 2028 – June 30, 2028 July 31, 2028

2. Cont
ractor shall provide a Quarterly HHAP Funds Report to [email protected] that includes the following information:
a. Specific uses and expenditures of any HHAP funds broken out by eligible uses listed; b. The number of homeless individuals served;
c. The type of housing assistance provided, broken out by the number of individuals; and d. Outcome data for individual served including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits.

E. Additional Reporting Requirements

1. All service outcome data shall be entered and tracked in the Homeless Management Information System (HMIS)

2. Monthly financial reports detailing funds obligated and expended

3. Annual comprehensive report on program achievements, challenges, and financial summary F. Timeline
The
program is expected to run for 3 years, from July 1, 2025 to June 30, 2028 or until funds are depleted, with the option for a one-year extension. The selected provider will be expected to start services withi n 6 weeks of contract awar d and approval by City Council, whichever comes later.

Regular updates will be required as per the reporting schedule outlined in the contract.

G. Compensation
Contractor
shall be compensated for the services provided under this Agreement on a cost reimbursement basis as follows:
• The maximum amount for this Agreement for the period of July 1, 2025, through June 30, 2028 shall not exceed $632,839.

City of Santa Ana
RFP No. 25-057A

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EXHIBIT D

FEDERAL REGULATIONS

a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.

b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CONTRACTOR, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to Contractor and the agency from which Contractor received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.

d. Reports - Recipient shall provide to Contractor all records and information requested by Contractor for inclusion in quarterly reports and such other reports or records as Contractor may be required to provide to the agency from which Contractor received grant funds or other persons or agencies.

e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.

f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.

g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

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h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39.

In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CONTRACTOR which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.

j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable.

k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.

(1) Outside Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract.

(2) Subcontracts – Outside contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a EXHIBIT 2

clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §

5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Additionally, contractors are required to pay wages not less than once a week.

n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.

p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable.

s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and Contractor reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or Contractor purpose:

(1) the copyright in any work developed through this Agreement; and

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(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and Contractor’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.

t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity EXHIBIT 2

requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the EXHIBIT 2

administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

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EXHIBIT E

COMPENSATION

EXHIBIT 2
Cost Proposal & Budget
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Orangewood Foundation
Services Coordination for TAY and Former Foster Youth, RFP #25-057A

2. COST PROPOSAL
For the fixed rate of $632,839 over a three-year period, Orangewood Foundation proposes to provide support to TAY who have been awarded FYI housing vouchers from SAHA.

Leveraging existing contract funding from SSA for our Independent Living Program, Orangewood will offer individualized case management, independent living skills training and workshops, engaging events, housing planning and navigation support, resource referrals and linkages, and peer mentorship to all
TAY who have been issued a FYI voucher by SAHA over
the three-year contract period. $632,839 in contract funding from the City of Santa Ana will be utilized as follows:
• Orangewood will designate $54,000/year in funding over three years to provide short- term housing placement in a hotel, motel, or other temporary accommodations to TAY until they can secure and move into homes with their newly issued FYI vouchers. We anticipate that six TAY households per year will benefit from the short-term housing placement funds.
• Orangewood will also designate $42,000/year in funding over three years to provide housing stabilization support to TAY with FYI vouchers who are experiencing financial challenges. This housing stabilization support can take many forms, including moving assistance, purchase of furniture and other household items, car repairs, and emergency rental assistance. Orangewood anticipates that 28 TAY households per year will benefit from this housing stabilization support.
• For the first two years of the contract period, Orangewood will devote $150,000/year to subcontracting with Orange County United Way for their WelcomeHome OC landlord incentive program to support 25 TAY households with SAHA-issued FYI vouchers each year in securing rental housing from property owners and operators that will accept their vouchers. The $150,000/year subcontract with United Way will be spent as follows over the first two years:
o $24,600/year for 0.25 FTE Senior Navigation Specialist to assist 25 TAY per year
in finding housing with their FYI vouchers;
o $24,600/year for 0.25 FTE Housing Stabilization Specialist to collaborate with Orangewood in supporting TAY in maintaining stability once they are housed; o $24,600/year for 0.25 FTE Senior Property Engagement Specialist to outreach to, engage with, and steward relationships with property owners and operators to convince them to rent with TAY with FYI vouchers;
o $11,070/year for 0.10 FTE Program Manager to lead the WelcomeHome OC’s program team in this collaborative project with Orangewood benefiting TAY with SAHA-issued FYI vouchers;

EXHIBIT 2
Orangewood Foundation
Services Coordination for TAY and Former Foster Youth, RFP #25-057A o $34,875/year for security deposits ($14,375), application fees ($281), unit holding fees ($8,438), property owner bonuses ($1,500), moving costs and other flexible assistance ($9,375), and renter’s insurance ($906) for approximately six TAY per year who are not MediCal eligible and therefore do not have access to the CalAIM move-in and housing deposit funds;
o $3,750/year for mitigation funds to cover property damages and other tenancy- related losses incurred by landlords as a result of their rental to TAY with FYI vouchers, which historically is only incurred for only 5% of participants; o $12,869 for program implementation expenses, including outreach to property owners and operators, marketing, and IT support; and
o $13,636 for 10% indirect costs incurred by United Way in operating this program. • Orangewood has budgeted for a 7.6257% indirect cost rate, amounting to $44,839 over three years.

Orangewood requests that $264,759 be disbursed in Year One, $264,759 in Year Two, and $103,321 in Year Three.

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Organization Name:

Project Title:

Project Start Date:

Project End Date:

Year 1 Year 2 Year 3 TOTAL
264,759$ 264,759$ 103,321$ 632,839$
54,000$ 54,000$ 54,000$ 162,000$ 42,000$ 42,000$ 42,000$ 126,000$ 96,000$ 96,000$ 96,000$ 288,000$ 150,000$ 150,000$ -$ 300,000$
150,000$ 150,000$ -$ 300,000$
246,000$ 246,000$ 96,000$ 588,000$
Indirect Rate 7.6257% 18,759$ 18,759$ 7,321$ 44,839$ 264,759$ 264,759$ 103,321$ 632,839$
264,759$ 264,759$ 103,321$ 632,839$

PROGRAM BUDGET
Orangewood Foundation
Services Coordination for Transitional Age Youth and Former Foster Youth 7/1/25
6/30/28
Total Program Budget
Funding from City of Santa Ana
TOTAL
Subtotal for Direct Expenses
Subtotal for Direct Expenses and Subcontractor Expenses Subtotal with Indirect
Subcontractor Expenses
Housing Stability Funds for TAY with SAHA-issued FYI vouchers who need financial assistance to cover moving costs, household furnishings, rent payments, car repairs, or other emergency expenses in order to attain and maintain housing stability – averaging $1,500 per TAY household x 28 TAY households/year.

Subcontract with Orange County United Way to provide housing placement support to 25 TAY households with FYI vouchers per year x 2 years. Includes costs for 0.85 FTE WelcomeHome OC staff to support housing navigation, housing stabilization, and property engagement services as well as program management; costs for security deposits, application fees, unit holding fees, property owner bonuses, and renter's insurance for 25% of TAY with newly issued FYI vouchers who aren't CalOptima Health members and aren't eligible for housing deposit assistance through CalAIM program; mitigation fund to cover rental damages by 5% of households; outreach, marketing, and IT support for the WelcomeHome OC program; and a 10% indirect cost rate for United Way's administration of this program.

Subtotal for Subcontractor Expenses
Direct Expenses
Short-Term Housing Placement Funds for TAY in need of short-term placement in a hotel, motel, or other temporary accommodations until they can move into their own homes with their FYI vouchers – averaging $9,000 per TAY household for 2-3 months of short-term housing x 6 TAY households/year.

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EXHIBIT F

INSURANCE REQUIREMENTS
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Subcontractor shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE

Subcontractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:

• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and comp leted operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Subcontractor does not maintain commercial automobile liability insurance, Contractor will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers’ Compensation (W/C): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Subcontractor has no employees.

If Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, Contractor requires and shall be entitled to the broader coverage and/or the higher limits maintained by Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Subcontractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against Contractor, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Subcontractor for Contractor.

3. All required insurance policies: For any claims related to this contract, Subcontractor’s insurance coverage shall be primary and any insurance maintained by Contractor, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Subcontractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

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5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to Contractor. Ten (10) days prior written notice shall be provided to Contractor for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Community Development Agency, Executive Director, 20 Civic Center Plaza, M-25, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Contractor. Contractor may require Subcontractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to Contractor.

Verification of Coverage
Subcontractor shall furnish Contractor with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Contractor before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Subcontractor’s obligation to provide them. Contractor reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

Subcontractors
Subcontractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Subcontractor shall ensure that Contractor is an additional insured on insurance required from sub-contractors.

EXHIBIT 2

Special Risks or Circumstances
Contractor reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

EXHIBIT 2