GRANT AGREEMENT FOR
PUBLIC SERVICE PROVIDERS PROGRAM FUNDS
THE LIVING ROOM CENTER
CFDA #14.218
This Agreement is made this __ day of _ _, 2022 by and between the CITY OF SANTA ROSA (City) and THE LIVING ROOM CENTER, a California Non-profit Corporation (Contractor).
RECI
TALS
A. The C
ouncil of the City of Santa Rosa (Council) has determined that the The Living Room Center (Program) benefits the residents of Santa Rosa and meets the definition of Public Services under 24 CFR §570.201(e).
B. In g
eneral, the Program, commonly known as TLR, will provide focused, comprehensive homeless services that help reduce homelessness amongst women.
C. Ci
ty wishes to fund the Program, using Federal Community Development Block Grant (CDBG) funds.
D. The p
arties have negotiated upon the terms pursuant to which Contractor will provide services under this Agreement and City will fund the services and have herein reduced such terms to writing.
AGRE
EMENT
1. SCOPE OF SERVICES
Cont
ractor shall, in a manner satisfactory to City, and consistent with 24 CFR 570, Subpart C - Eligible Activities, and 2 CFR 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, perform the scope of services described in Exhibit A (Scope of Services). Contractor is required to report deviations from budget or Scope of Services as per 2 CFR 200.308 - Revision of Budget and Program Plans.
2. TERM OF AGREEMENT
The t
erm of this Agreement shall commence on July 1, 2022, and end on June 30, 2023.
Exhibit A
3. GRANT
Notwithstanding any other provision of this Agreement, Program funding from City to Contractor shall not exceed thirty eight thousand eight hundred seventy and no/100 dollars ($38,870) The City’s Chief Financial Officer is authorized to pay all pr oper claims from Key 42006/Fund 2280.
Payments by City to Contractor shall be made monthly in arrears on the bas is of the Budget in Exhibit B and upon the proper documentation of expenditures. On or before the fifteenth day of each month, Contractor shall submit an invoice to City for the prior month. The Director of Housing and Community Services (Director) will review each invoice and may deny reimbursement where: 1) an expenditure is questionable or improperly documented; or 2) Contractor has not provided Program services.
Invoices submitted after 30 days shall include acceptable written justification for the delay.
In the event that the Director determines that Contractor is not fully providing the Program services identified in Exhibit A, he shall have the right to reduce the grant award, unless the failure to provide services is beyond Contractor's control. The exercise by the Director of City’s rights under this provision shall not be construed as a waiver by City of any other right or remedy.
4. INSURANCE
Contractor shall maintain in full force and effect all of the insurance coverages described in, and in accordance with, Attachment One, "Insurance Requirements." Maintenance of the insurance coverages as set forth in Attachment One is a material element of this Agreement and a material part of the consideration provided by Contractor in exchange for City's agreement to make the payments prescribed hereunder. Failure by Contractor to (i) maintain or renew coverage, (ii) provide City notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, may be treated by City as a material breach of this Agreement by Contractor, whereas City shall be entitled to all rights and remedies at law or in equity, including but not limited to immediate termination of this Agreement.
Notwithstanding the foregoing, any failure by Contractor to maintain r equired insurance coverage shall not excuse or alleviate Contractor from any of its other duties or obligations under this Agreement. In the event Contractor, with approval of City pursuant to Section 10 below, retains or utiliz es any subcontractors or sub- consultants in the provision of any services under this Agreement, Contractor shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverage requirements set forth in the Insurance Requirements in Attachment One.
5. INDEMNITY/LIABILITY
C
ontractor shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City and its employees, officials and agents ("Indemnified Parties") from all claims, demands, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, its officers, employees, volunteers, or agents, in said performance of services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City. If there is a possible obligation to indemnify, Contractor's duty to defend exists regardless of whether it is ultimately determined that there is no obligation to indemnify.
6. INDEPENDENT CONTRACTOR
T
he parties intend that Contractor, in performing services herein specified, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. It shall be free to contract for similar services to be performed for other employers while it is under contract with City. Contractor is not to be considered an agent or employee of City and is not entitled to participate in any pension plan, medical, or dental plans, or any other benefit provided by City for its employees.
7. SUCCESSORS AND ASSIGNS
C
ity and Contractor each binds itself, its partners, successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party with respect to all promises and agreements contained herein.
8. FINANCIAL REQUIREMENTS/AUDITS/REPORTING
A. C
ontractor shall adhere to all applicable requirements set forth and defined in 24 CFR § 85.20 and 24 CFR § 84.21-28 as amended by 24 C.F.R § 570.502.
Contractor shall ensure its own compliance with Office of Management and Budget (OMB) Circulars A-110, A-122, 24 CFR § 570.502, revised Circular A- 133, 2 CFR 200.303 - Internal Controls, and 2 CFR 200.327-328 - Performance and Financial Monitoring and Reporting.
B. C
ontractor shall be accountable to City for all funds requested by and disbursed to Contractor under this Agreement.
C. C
ontractor shall maintain a full set of books on a double entry basis in
accordance with generally accepted accounting principles (GAAP), procedures, and regulations as deemed necessary by City. Such records shall be maintained by qualified personnel and completed in a timely manner.
D. C
ontractor shall, at all times during normal business hours and as often as City, the State of California, the U.S. Department of Housing and Urban Development (HUD), and the Comptroller General of the United States may deem necessary, make available to their representatives for examination, all of Contractor's records with respect to all matters covered by this Agreement and shall permit these representatives to audit, examine, and make excerpts or transcripts from such records, and to make audits of all documents and conditions relating to this Agreement. All costs are subject to the eligibility requirements of HUD.
E. C
ontractor shall comply with the audit requirements contained in the Single Audit Act Amendments of 1996, revised OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," and 2 CFR 200.514 - Audit Requirements. Audits performed outside the scope of the Single Audit Act or OMB A-133 shall be deemed ineligible costs under this Agreement. All audits performed are required to be submitted to City no later than 180 days after end of the Agreement term referenced in Section 2.
F. C
ontractor shall permit and facilitate observation and inspection of Program services and records at Contractor's principal office and work site by City, its employees, auditors, representatives, and public authorities during reasonable business hours.
G. C
ontractor shall either establish a separate bank account for all funding received from City under this Agreement or practice full fund accounting. Contractor shall not commingle the funds provided under this Agreement with any other funds, revenue, or monies.
H. A
uthorized representatives of City shall perform fiscal monitoring of Contractor's record keeping and reporting to assure compliance with this Agreement.
I. A
ny funds received as return of costs or as income generated from activities funded by the Agreement are the property of City and are to be transmitted to City promptly, unless there is a written agreement with City approving the use of these funds. Reimbursed costs or Program income shall be used prior to the advancement of additional funds pursuant to this Agreement and, further, shall be used for Community Development Block Grant (CDBG) program-eligible purposes.
J. C
ontractor shall maintain all records related to the performance of this Agreement during the term of this Agreement and for a period of five (5) years
after completion of all services hereunder.
9. BUDGET
A
ny requested modification to the line items of the Budget shall be reviewed and approved by the Director as per 2 CFR 200.308 - Revision of Budget and Program Plans - prior to the expenditures of funds detailed in the modification.
Budget modifications shall not alter: 1) the Scope of Services; or 2) the total grant award under Section 3.
10. SUBCONTRACTS
A. Any subcontract funded under this Agreement shall be submitted to the Director for review and approval prior to its execution.
B. In the event Contractor is a private nonprofit or neighborhood based nonprofit organization, or a local development or small business investment corporation, Contractor is required to comply with the procurement procedures of OMB Circular A- 122 (incorporated herein by reference) and 2 CFR 200.317-200.326 - Procurement Standards for the procurement of supplies and services in connection with activities funded under this Agreement.
C. Any subcontract funded under this Agreement shall be subject to the terms and conditions of this Agreement, including Appendix II of 2 CFR, Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.
11. CONFLICT OF INTEREST
A. In addition to the conflict of interest requirements in OMB Circular A-102 and 24 CFR 85.36 (b)(3), no person who is an employee, agent, consultant, officer, or elected or appointed official of Contractor or a Program sponsor and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.
B. No member of, or delegate to, the Congress of the United States shall be permitted to share, or take part in this Agreement or in any benefit arising therefrom.
C. No employee or officer of City, no member of Council, and no other public official of City who exercises any functions or responsibilities with respect to City's
Public Service Providers Program during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this Agreement. Employees of City may participate in this Program subject to waivers by HUD. Contractor shall be responsible for obtaining compliance with this provision.
D. Individuals associated with the Contractor's agency are prohibited from using positions with City for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly with those with whom they have family, business, or other ties.
E. Contractor shall inform Director of staffing changes at the executive/management level and changes in the membership of its Board of Directors within 30 days of such changes.
F. Compliance with Lobbying Provisions: In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of services with the funds, Contractor agrees to the following provisions pursuant to the Housing and Community Development Act of 1992.
1. No federally appropriated funds have been paid or will be paid, by or on be
half of the undersigned, to any person for influencing or attempting to i
nfluence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the m
aking of any federal grant, the making of any federal loan, the entering i
nto of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan politica l
ac
tivity, to further the election or defeat of any candidate for public office, or to support or defeat legislation pending before Congress.
3. Contractor shall require that the language of this section be included in all subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify a nd
di
sclose accordingly. This is a material representation of fact upon which r
eliance was placed when this Agreement was made.
4. Not more than one member of an immediate family shall be employed by Contractor or a component thereof directly or indirectly receiving HUD funds. For purposes of this provision, immediate family shall incl ude
hus
band, wife, brothers, sisters, children, and parents (both legal parents
and step-parents). If Contractor has any doubt as to its compliance with this requirement, it shall submit a written request to City for clarification and advice as to the proper course of action to be taken. Where noncompliance is found, City shall have the right, upon discovering such noncompliance, to order Contractor to dismiss one or as many of its employees as are required to restore compliance with this requirement.
12. RELIGIOUS ACTIVITY PROHIBITED
Contractor agrees that the Grant Amount will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization per the federal regulations set forth in 24 CFR § 570.200U.
13. PUBLICITY
During the term of this Agreement and for one year thereafter, Contractor shall acknowledge City’s contribution to the Program in all publicity regarding the Program, including but not limited to, website and social media, flyers, press releases, posters, brochures, public service announcements, interviews, and
new
spaper articles. The words "City of Santa Rosa Public Service Providers Program" shall be explicitly stated in any and all pieces of publicity with respect to the Program.
Upon request, City staff shall assist Contractor in generating publicity for the P
rogram. Contractor agrees to cooperate with City staff in any City-generated pu
blicity or promotional activities related to the Program.
14. NONSOLICITATION CLAUSE
Contractor warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability or, at its discretion, reduce the grant award under this Agreement, or otherwise recover the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee.
15. FIXED ASSETS
For purposes of this Agreement, a fixed asset is any physical item, excludin g r
eal property, having a cost in excess of $300.00 and a usable life of three years or more.
Contractor's annual report to City shall include invoices and receipts of payment for all fixed assets purchased. If at any time Contractor discontinues the Program, at any time during or after the Agreement period, all fixed assets purchased or acquired by Contractor having a cost in excess of $300.00 and usable life of one year or more, revert back to City.
16. PUBLICATION RIGHTS, COPYRIGHTS, AND DATA OWNERSHIP
A. The copyright to any reports, papers, forms, or other materials or documents that are created in connection with the services performed under this Agreement shall vest in City unless otherwise authorized in writing by City .
B. All reports, documents, forms, photographs, maps, data and any other materials developed, collected or prepared by Contractor pursuant to this Agreement shall be the exclusive property of City unless written waiver is executed by City.
C. Publication rights to any documents or materials produced are to be reserv ed b
y City.
i. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study w
ith small technical groups or lectures to employees or students. Lectures to other groups which describe the Program but disclose neither data nor results are permissible without advance approval.
ii. H
UD reserves a royalty-free nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the w
ork developed pursuant to this Agreement, for governmental purposes.
17. PROGRAM MONITORING AND EVALUATION
A. Purpose
C ontractor shall be monitored and evaluated in terms of its effectiveness an d t
imely compliance with the provisions of this Agreement and Community Development Block Grant regulations incorporated herein and the effective an
d efficient achievement of Program objectives.
C
ontractor shall appoint a representative to be available to City for consultation and assistance during the performance of this Agreement.
C
ontractor shall undertake continuous quantitative and qualitative evaluation of the Scope of Services and shall make written quarterly reports to City utilizing the Quarterly Status Report form in Exhibit D. The quarterly reports shall be submitted to City by October 10, January 10, April 10, and July 10, as more fully
set forth in Exhibit D. The quarterly reports shall be compiled into an annual cumulative report and submitted to City by Contractor at the end of each fiscal year, no later than July 31st. The cumulative report shall also include the following information:
a. The number of clients with new or continuing access to the service or benefit provided;
b. The number of clients with improved access to the service or benefit provided;
c. The number of clients that receive the service or benefit that is no longer substandard; and
d. The number of beds created in overnight shelter or other emergency housing.
B. Responsibilities of City
C
ity shall monitor and evaluate the Program.
C. Responsibilities of Contractor
Contractor shall provide evidence of client income and ethnicity in order to s
ubstantiate that the Program is operating in compliance with all regulations and circulars identified in Section 8 of this Agreement. In the event financial or reporting issues are identified by City or through a compliance review by HUD, Contractor may be required to reimburse the City for funds that wer e
ex
pended on ineligible activities as identified in Community Development Block Grant regulations (24 CFR § 570).
D. Homeless Management Information System
Contractor must be in good standing in collecting and entering current, accurate, and comprehensive data that reflects the homeless prevention an d
i
ntervention services delivered by Contractor into the Homeless Management Information System (HMIS), as defined by HUD, as a condition of funding un
der this Agreement. HMIS requirements are further described in Exhibit C.
E. Homeless Count
Contractor will take part in biennial unsheltered Homeless Count by assigning staff to assist in Count processes and by making facilities an d
ot
her Contractor resources available to support the Count commensurate to t
he size of the Contractor's homelessness program relative to the overall Sonoma County Continuum of Care program.
18. FAIR HOUSING AND EQUAL OPPORTUNITY CERTIFICATIONS
A. Civil Rights Act of 1964 (Title VI)
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.; P.L. 88- 352) and regulations pursuant thereto (Title 24 CFR § 1) states that no per
son in the United States shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance extended to Contractor. This assurance shall obligate Contractor, or in the case of any transfer, t he
tr
ansferee, for the period during which the real property and structure(s) ar e us
ed for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.
B. Fair Housing Act of 1968
The Fair Housing Act (42 U.S.C. §§ 3601-3620; P.L. 90-284) states that it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or t he
pr
ovision of brokerage services, including in any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex, national origin, handicap or familial status. Contractor shall administer all programs and activities assisted under this Agreement in a manner t o
af
firmatively further the policies of the Fair Housing Act.
C. Executive Order 11063 -- Equal Opportunity in Housing Executive Order 11063, as amended by Executive Order 12259, and r
egulations pursuant thereto (24 CFR § 107), prohibits discrimination bec
ause of race, color, creed, sex, or national origin in the sale, leasing, rental or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof, if such property and related facilities are provided wit h
F
ederal financial assistance.
D. Section 109 of the Housing and Community Development Act of 1974 S
ection 109 of the Housing and Community Development Act of 1974 states that no person in the United States shall on the basis of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whol e
or
in part with funds made available under this title.
S
ection 109 further provides that any prohibition against discrimination on th e bas
is of age under the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 et seq.) or with respect to an otherwise qualified handicapped person as provided in section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794)
shall also apply to any program or activity funded in whole or in part with funds made available pursuant to Section 109.
E. Executive Order 11246 -- Employment and Contracting Opportunities E
xecutive Order 11246, as amended by Executive Orders 11375, 11478, 12086 and 12107, and all regulations pursuant thereto (41 CFR Chapter 60) states that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during th e
per
formance of Federal or federally-assisted construction contracts and af
firmative action shall be taken to ensure equal employment opportunity.
C
ontractor will incorporate, or cause to be incorporated, into any contract for construction work or modification thereof, as defined in the regulations of th e S
ecretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the federal government or borrowed on the credit of the federal government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause.
F. Executive Order 13166 - Limited English Proficiency The Limited English Proficiency (LEP) Guidelines, based upon Title VI of the C
ivil Rights Act of 1964 (24 CRF 1.4 Executive Order 13166) requires recipients of federal funding to provide language translation or interpreter services to its clients and potential clients who are limited in Englis h
pr
oficiency.
A
person with Limited English Proficiency (LEP) is a person who does not speak English as their primary language and who has a limited ability to r
ead, write, speak or understand English. Affirmative steps must be taken to c
ommunicate with people who need services or information in a language ot
her than English. A policy must be developed to serve applicants, participants, and/or persons eligible for housing assistance and support services.
C
ontractor must analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be t
aken. In order to determine the level of access needed by LEP persons, the f
ollowing four factors must be balanced:
1. the number or proportion of LEP persons eligible to be served or likely to be applying for program services;
2. the frequency with which LEP persons utilize these programs and services;
3. the nature and importance of the program, activity, or service provided; and
4. the benefits from providing LEP services, and the resources available and costs to the CDC for those services.
Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the Contractor.
Contractor shall develop and implement a LEP policy consistent with the above guidelines and provide City with copies of its LEP Policy.
G. Section 504 of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990
Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination based on handicap in federally assisted and conduct ed
pr
ograms and activities. In performance of this Agreement, Contractor shall perform all services described herein in compliance with all applicable f
ederal, state and local laws, rules, regulations, and ordinances, including but not limited to Rehabilitation Act of 1973 (29 U.S.C. § 794) and the Americans With Disabilities Act (ADA) of 1990, (42 U.S.C. §§ 12101, et seq.), and any regulations and guidelines issued pursuant to the ADA, which generally prohibits discrimination against individuals with disabilities and may requir e
r
easonable accommodations.
H. Age Discrimination Act of 1975
The Age Discrimination Act of 1975, as amended, prohibits discriminatio n bec
ause of age in programs and activities receiving Federal financial assistance.
I. Executive Orders 11625, 12432, 12138 - Minority and Women Owned Business Opportunities
These Executive Orders state that program participants shall take affirmative ac
tion to encourage participation by businesses owned and operated by minority groups and women.
19. DRUG-FREE WORKPLACE
C
ontractor acknowledges that pursuant to the Federal Drug-Free Workplace Act of 1989, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on Contractor's premises. Contractor agrees that any violation of this prohibition by the Contractor, its employees, agents or assigns will be deemed a material breach of this Agreement.
20. ASSIGNMENT
C
ontractor shall not assign any rights or duties under this Agreement to a third party without the express written consent of City.
21. MODIFICATION
This Agreement shall not be modified except in writing executed by both parties.
22. TERMINATION OF AGREEMENT
City may terminate this Agreement immediately for cause, which shall include as example but not as a limitation:
A. Failure, for any reason, of Contractor to fulfill, in a timely and proper manner, its obligations under this Agreement including compliance with City, State, and Federal laws and regulations and applicable directives;
B. Failure to meet the performance standards contained in other sections of this Agreement;
C. Improper use or reporting of funds provided under this Agreement;
D. Suspension, termination, or modification by HUD (or by any other entity or agency) of any of the grants upon which City planned to fund this Agreement;
E. Any event, (whether natural, social, political or financial) which is beyond the control of City and which results in a change in the funds available to City, or which triggers a need by City to reallocate funding to Contractor.
F. In connection with the provisions of subsections D and E, above, Contractor understands that City has based its overall allocation of funds to Contractor and to other recipients on an assumed level of contribution from outside sources and on the basis of current budgeting requirements. It is therefore agreed that during the term of this Agreement, should all or any part of the funding available to City be reduced in any amount whatsoever, or should City be faced with unusual or unexpected natural, social, political, or financial events which diminish City’s ability to fund agreements with Contractor and other recipients, or which events generate additional needs in the community, then City shall have the right to review and reallocate or reduce the amount of funding to be advanced to Contractor under this Agreement.
There is no requirement that such reallocation and reduction, if any, be proportionate among the various recipients under contract with City. On any of the occurrences described above, City may terminate all or any part of the remaining funding due to Contractor under this Agreement. City shall have the sole discretion to determine whether there is a need to reallocate or terminate funding to Contractor, as well as the sole discretion to determine the amount of the reduction and reallocation.
Should such a reduction in funding occur, City shall notify Contractor as soon as reasonably practicable after City has made the determination of the need
to reconsider its funding allocation. Should there be a modification of this Agreement, the modification shall take effect upon notice from City to Contractor in writing. All other terms and conditions of the Agreement shall remain in effect.
G. In no event shall City be obligated to fund any part of this Agreement from City’s own financial resources.
23. REMEDIES FOR NONCOMPLIANCE
A. If Contractor materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, a notice of award, or elsewhere, City may take one or more of the following actions, as ap
propriate in the circumstances, and as per 2 CFR 200.338-200.342 - Remedies for Noncompliance:
i. T
emporarily withhold cash payments pending correction of the deficiency by Contractor or more severe enforcement action;
ii. Disallow (that is, deny both use of funds and matching credit for all or part of the cost of the activity or action not in compliance); iii. Wholly or partly suspend or terminate the current award for Contractor's Program;
iv. Withhold further awards for the Program; or
v. Take other remedies that may be legally available.
B. HEARINGS, APPEALS: In taking an enforcement action, City will provide C
ontractor an opportunity for such hearing, appeal or other administrative pr
oceeding to which the Contractor is entitled under any statute or regulation applicable to the action involved.
C. EFFECTS OF SUSPENSION AND TERMINATION: Costs incurred by Contractor during a suspension or after termination of an award are not allowable unless City expressly authorizes them in the notice of suspension or termination or subsequently. Other Contractor costs duri ng
s
uspension or after termination which are necessary and not reasonably avoidable are allowable if:
i. T
he costs result from obligations which were properly incurred by Contractor before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and
ii. The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect.
D. RELATIONSHIP TO DEBARMENT AND SUSPENSION: The enforcement
remedies identified in this section, including suspension and termination, do not preclude Contractor from being subject to 2 CFR part 2424 (see 24 CFR §85.35).
24. LAWS, REGULATIONS, FEES, TAXES
A. Contractor shall carry out its responsibilities pursuant to this Agreement i n ac
cordance with all applicable Federal, State and Local laws and all policies, procedures, regulations and requirements as HUD, State, an d C
ity from time to time prescribe.
B. Contractor shall comply with Title VI of the Civil Rights Act of 1964 (24 C
FR §§ 1 et seq.) which states that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denie d t
he benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
C. Contractor shall pay all fees and taxes as required by law.
25. NOTICES
Except as otherwise specifically provided in this Agreement, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage affixed thereto, and addressed as indicated below, and depositing said envelope in the United States mail to:
CI
TY CONTRACTOR
City of Santa Rosa The Living Room
Dept. of Housing & Community Services 1207 Cleveland Avenue 90 Santa Rosa Ave/P.O. Box 1806 Santa Rosa, CA 95401
Santa Rosa, CA 95404
26. ENTIRE AGREEMENT
T
his agreement is the entire Agreement between the parties.
27. INCORPORATION OF ATTACHMENT AND EXHIBITS
T
he attachment and exhibits to this Agreement are incorporated and made part of this Agreement, subject to the terms and provisions herein.
28. SIGNATURES REQUIRED FOR CORPORATIONS
I
f this Agreement is entered into by a corporation, it shall be signed by two corporate officers, one from each of the following two groups: a) the chairman of the board, president or any vice-president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The title of the corporate officer shall be listed under the signature.
I
N WITNESS WHEREOF, the parties hereto have executed this Agreement as of this date and year first above written.
CI
TY OF SANTA ROSA THE LIVING ROOM
B
y: ________________________ By: ________________
Megan Basinger
Title: Executive Director Title: ____________ _
B
y: _______________________
T
itle: ______________________
APPR
OVED AS TO FORM
___
__________________________
City Attorney
Attachments:
Attachment One: Insurance
Requirements
Exhibit A: Scope of Services
Exhibit B: Budget
Exhibit C: HMIS
Exhibit D:
Quarterly Status Report form
Attachment One to Grant Agreement
Form approved by the City Attorney 4-14-14
ATTACHMENT ONE
INSURANCE REQUIREMENTS FOR
GRANT AGREEMENTS
A. Insur
ance Policies: Contractor shall, at all times during the terms of this Agreement, maintain and keep in full force and effect, the following policies of insurance with minimum coverage as indicated below and issued by insurers with AM Best ratings o f no l
ess than A-:VI or otherwise acceptable to the City.
Insurance Minimum
Coverage Limits
Additional Coverage Requirements
1. Commercial
general liability
$ 1 million per
occurrence
Coverage must be at least as broad as ISO CG
00 01 and must include completed operations
coverage. If insurance applies separately to a
project/location, aggregate may be equal to per
occurrence amount.
Coverage may be met
by a combination of primary and umbrella
or excess insurance but umbrella and
excess shall provide coverage at least as
broad as specified for underlying coverage.
Coverage shall not exclude subsidence.
$ 2 million
aggregate
2. Business auto
coverage
$ 1 million ISO Form Number CA 00 01 covering any auto
(Code 1), or if Contractor has no owned autos,
hired, (Code 8) and non-owned autos (Code 9),
with limit no less than $ 1 million per accident
for bodily injury and property damage.
3. Professional liability
(E&O)
$ 1 million per
claim
Contractor shall provide on a policy form
appropriate to profession. If on a claims made
basis, Insurance must show coverage date
prior to start of work and it must be maintained
for three years after completion of work.
$ 1 million
aggregate
4. Workers’
compensation and
em
ployer’s liability
$ 1 million As required by the State of California, with Statutory Limits and Employer’s Liability
Insurance with limit of no less than $ 1 million
per accident for bodily injury or disease. The
Workers’ Compensation policy shall be
endorsed with a waiver of subrogation in favor
of the City for all work performed by the
Contractor, its employees, agents and
subcontractors.
B. E
ndorsements:
1. All policies shall provide or be endorsed to provide that coverage shall not be c
anceled, except after prior written notice has been provided to the City in ac
cordance with the policy provisions.
Attachment One to Grant Agreement
Form approved by the City Attorney 4-14-14
2. Liability, umbrella and excess policies shall provide or be endorsed to provide the fol
lowing:
a. For any claims related to this project, Contractor ’s insurance coverage shall be primary and any insurance or self-insurance maintained by City shall be excess of the Contractor’s insurance and shall not contribute with it; a
nd,
b. The City of Santa Rosa, its officers, agents, em ployees and volunt
eers are to be covered as additional insureds on the CG L policy
. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 a nd C
G 20 37 if a later edition is used.
C. Verification of Coverage and Certificates of Insurance: Contractor shall furnish City with original certificates and endorsements effecting coverage required abov e.
C
ertificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before work commences and must be in effect for the duration of the Agreement. The City reserves the right to require complete copies of all required policies and endorsements.
D. O
ther Insurance Provisions:
1. N
o policy required by this Agreement shall prohibit Contractor from waiving any right of recovery prior to loss. Contractor hereby waives such right with regard to the indemnitees.
2. All insurance coverage amounts provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of suc h i
nsurance coverage. Defense costs must be paid in addition to coverage amounts.
3. P
olicies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either Contractor or City.
Se
lf-insured retentions above $10,000 must be approved by City . At City’s option, Contractor may be required to provide financial guarantees.
4. S
ole Proprietors must provide a representation of their Workers’ Compensati on Ins
urance exempt status.
5. City reserves the right to modify these insurance requirements while this Agreement is in effect, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances .
EXHIBIT A: SCOPE OF SERVICES
T
he Living Room
Fiscal Year 2022-2023
T
he Living Room (TLR) will provide comprehensive case management and emergency meal provision services in Santa Rosa. This work aligns with the goals of the Housing First model by providing emergency stabilization in terms of sustenance and care coordination (case management) which prioritizes getting our beneficiaries into permanent housing. The activities of our Case Management and Meals Programs provide solutions for the housing, health, and income needs discussed in A Roof Over Every Head: Sonoma County’s 10-Year Homeless Action Plan and the City of Santa Rosa’s ongoing proclamation of our local homeless emergency.
P
rogram services will include, but not be limited to:
I. O
ur case management services support the obtainment and maintenance of income and housing and include direct and indirect services. We work with our participants meeting them where they are at and capitalizing on their strengths, assets, and resources. We educate, provide emotional support, and help them navigate the complex social services system so that together we can maximize their income, safety, wellbeing, and opportunities for permanent housing. We assist with the pragmatics of applications, deadlines, appointments, transportation, pet assistance, and securing furniture. We connect them to relevant government agencies and community-based organizations and attend meetings with them as needed. We utilize our extensive local network of community partners to get our beneficiaries housed and housing ready. We provide multi-year support to help clients maintain housing. Most of our beneficiaries fall within protected classes including disabled, senior, Latinx, mothers with children, those grappling with significant mental health challenges, and LGBTQIA persons. Our case managers are highly experienced, compassionate, credentialed, and professionally trained in trauma-informed care.
P
lanned deliverables include:
a. P
roviding housing to at least two persons experiencing homelessness in our new Accessory Dwelling Unit (ADU) located at one of our transitional houses (551 Link Lane, Santa Rosa).
b. Providing transitional housing to, on average, 14 women and children, in our three transitional houses located at 62 Carillo Street, 551 and 823 Link Lane, Santa Rosa.
c. Providing tenancy support to all residents in our transitional and ADU housing including financial literacy training, communications skills training, conflict resolution training, and best practices for being a good roommate and tenant training.
d. Providing information, support, and assistance with generating income for our participants including facilitating the application process to obtain general assistance, SSI/SSD, employment, and any other grants, donations, and public assistance for which they are eligible.
e. Providing information, support and assistance with moving our residents into permanent housing by securing Section 8 housing vouchers and getting those who are not on Section 8 onto the Section 8 and other low-income housing waiting lists.
II. O
ur emergency meal program provides free, warm, nutritious meals and to-go food including provisions for infants and pets. We serve warm delicious breakfasts and lunches every day, Monday through Friday. Feeding the hungry, who are living in highly stressful situations in which they have multiple health issues including sleep deprivation, is a humanitarian necessity and foundational to enabling them to make the first steps in turning their lives around. Our nutritious meals help increase the health and wellbeing of this highly vulnerable population. This allows them to focus on important things like obtaining housing and jobs. Our Food Services Manager is responsible for oversight of the meal program including budgeting, volunteer coordination, food purchasing, health and safety compliance, and nutrition-standards for menu development.
P
lanned deliverables include:
a. Pro
viding over 500 meals every week to those experiencing hunger in our community
b. Providing nutrient-dense and varied meals that include protein, carbohydrates, and fresh, seasonal, locally-sources fruits and vegetables c. Maintaining the meal program as all volunteer run with one paid full-time Food Services Manager overseeing operations. This allows us to maintain cost- efficiency while preserving the highest quality of services for beneficiaries.
EXHIBIT B: BUDGET
F
iscal Year 2022-2023
Li
ving Room Center Inc. (The Living Room)
E
xpenses Budget Amounts
Salaries 38,870
Total Contract Expense $38,870
EXHIBIT C: Homeless Management Information System (HMIS) T
he Living Room
As stated more specifically in the Sonoma County Continuum of Care Homeless Management Information System Participant Agreement, Contractor must be in “good standing” in collecting and entering current, accurate, and comprehensive data that reflects the homeless program services delivered by Contractor into the Sonoma County Community Development Commission’s (Commission) Efforts to Outcomes (EtO) Homeless Management Information System (HMIS) licensed by Social Solutions Group as a condition of funding under this Agreement.
A. HMIS “Good Standing”: Good Standing is defined as timely data entry, complete and accurate dat a
reflective of the Client status at Intake, Update and Exit and adherence to the prevailing HMIS Data S
tandards.
1. Timely data entry encompasses:
a. Entry of data into EtO HMIS within five (5) business days of the event that generated by the dat
a collection (i.e., Client Intake, Entry and Exit from Program, and required annual updates if Client is participating for longer than one year in the program) with the exception of services which may be bulk entered ten (10) days after month end.
2. Accurate and Complete Data:
a. All homeless client data for Covered Homeless Organizations (CHO’s) will be entered into the E
tO HMIS.
b. 95% of all mandated data points are supplied (fields do NOT reflect a “Null”, “Don’t Know or Refused” OR “Data Not Collected” value).
c. The EtO Data Validation Report (required Quarterly Reporting for each homeless program) will reflect a 95% or higher data completeness and quality result at all times.
3. D
ata Collection Methodology:
a. Contractor shall adhere to the prevailing federal HMIS Data Standards and Sonoma County HMIS Lead recommended program workflow(s) for each homeless program type.
B. User Training: All Users of the HMIS will receive general HMIS User Training and Security and Ethics prior to receiving login credentials to the HMIS. Additionally, all HMIS Users shall receive updated S
ecurity and Ethics training annually. Contractor shall report Users departing their HMIS role for any reason within 24 hours of their departure for removal of user from the EtO HMIS.
C. Required Quarterly Reporting: Contractor shall use data from the following reports to inform their quarterly report submissions:
a. EtO Data Validation report with a data range from the start of the fiscal year to the end of the required report period (cumulative)
b. The 1-Sono – 0607-CDBG/CAPER (CDC Quarterly & Other Grant Reporting) D. H
MIS Financial Match and Other Financial Requirement: Contractor agrees to pay the calculated fair share portion of the McKinney-Vento required funding match within 60 days of billing by the Commission.
Contractor also agrees to provide the Commission with leveraging information within 30 days of request.
E. H
omeless Count Participation: Contractor will take part in annual sheltered Homeless Count by maintaining accurate and up-to-date data in good standing and being responsive to the Continuum of Care and HMIS Coordinators’ requests for current and accurate information. CONTRACTOR will take par
t in biennial unsheltered Homeless Count by assigning staff to assist in the Count process and by making facilities and other Contractor resources available to support the Count commensurate to the s
ize of the Contractor’s homelessness program relative to the overall Sonoma County Continuum of Care program.
Updated: June 26, 2014
EXHIBIT D: QUARTERLY STATUS REPORT
Agency Name:
Program Title:
Term:
The Living Room
The Living Room
July 1, 2022 to June 30, 2023
QUARTER:
REPORTING DUE DATE:
Please include a brief narrative of 50 words or less on your program’s progress:
QUARTERLY STATUS REPORT
THE LIVING ROOM
(The Living Room, Inc.)
Reporting is required as a condition of funding. The CITY will receive quarterly updates based on the information provided in this report (and for HMIS participants as it compares to the HMIS reports). Reports may be submitted electronically.
Each quarter should be reported cumulative (or for the quarter if requested below) beginning July 1, 2022, and ending through the quarter for which the report is being submitted.
Instructions: An entry is required in every yellow cell. Once data has been entered, the cell will revert to white.
You may need to enter 0 to indicate no applicable response. There should be no yellow cells when report is submitted to the City. Cells that show up in red mean that the numbers entered in yellow do not equal 100% of the total and your numbers should be double checked.
Q1 JULY 1, 2022 - SEPTEMBER 30, 2022
October 10, 2022
Total Number of Unduplicated Participants Assisted (Quarter & YTD)
INDIVIDUALS QTD YTD
Men 0
Women 0
Children 0
Total Persons 0 0
EXHIBIT D: QUARTERLY STATUS REPORT
RACE/ETHNICITY DETERMINATION:
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0 0 0
YEAR TO DATE FOR THE QUARTER
# Hispanic/ Latino
Total Number of
Race Responses
# Hispanic/ Latino
Race/Ethnicity information must be collected from all participants. The total number assisted for the quarter and year to date must match the totals in #3. The total number of people served in Question #1.
Black or African American
White
If the above cells are red, the race/ethnic data does not match Cells E36 and F36; you must correct before moving forward
Asian
American Indian or Alaska Native
Native Hawaiian or Other Pacific
Islander
Total number assisted (Must equal the
total number of persons in Q #3 above)
RACE/ETHNICITY DATA
# Non Hispanic/Latino
# Non Hispanic/Latino
Total
Number of
Race
Responses
American Indian or Alaska Native
and White
Asian and White
Black or African American and White
American Indian or Alaska Native
and Black or African American
Other multi-racial
EXHIBIT D: QUARTERLY STATUS REPORT
INCOME DETERMINATION:
Number of Participants Directly Assisted
This report has been created using the project’s HMIS data: (Select Yes or No) If HMIS data has not been used, indicate the data source:
0 0
0 For the Quarter
Female Head of House
Below 30% (Extremely
Low)
31% to 50% (Very Low)
51% to 80% (Low Income)
0 0
Over 80%
(Non-low Moderate)
Total No. of Participants
Assisted
If the above cells are red, the income data does not
match Cells E36 and F36; you must correct before
moving forward
Complete the table below indicating the total number of participants assisted for the QUARTER and CUMULATIVE TO DATE. For each year in which ANY grant funds were expended, direct benefit data will be required for the entire year.
Cumulative to Date
0 0
EXHIBIT D: QUARTERLY STATUS REPORT
6. PERFORMANCE OUTCOMES:
Quarter Actual
Outcomes
Achieved
Percentage
of Total
Output
Achieved
0%
0%
N/A
N/A
N/A
0%
Date:
Signature:
(type/print)
Title:
Using the approved outcomes sheet included with your project’s funding agreement Exhibit A, please complete the table below indicating the actual number of project participants who have achieved outcomes from July 1, 2022, through the reporting period.
YTD Actual Outcomes
Achieved from July 1, 2022
through this report period
Provide assistance to residents to obtain additional
income (general assistance, employment, grants,
donations, SSI/SSD)
Provide assistance to residents to obtain permanent
housing (securing HCV vouchers, waitlists, etc.)
Provide over 500 meals per week to those experiencing
hunger in our community (26,000 meals per year)
Project Quantitative Measure Text
(Planned Deliverables)
Provide housing to at least 2 persons in ADU at 551 Link Ln Provide transitional housing to 14 women and children
(on average) between 62 Carrillo St, 551 & 823 Link Lane properties
Provide tenancy support to all residents in transitional and ADU housing
(type/print)
Name of Person Preparing Report:
(type/print)