GRANT AGREEMENT FOR
PUBLIC SERVICE PROVIDERS PROGRAM FUNDS CATHOLIC
CHARITIES OF THE DIOCESE OF SANTA ROSA
(PO130396/V001972)
ALN #14.218 (CDBG) ALN #21.027 (ARPA)
This Agreement is made this day of 2024 by and between the CITY OF SANTA ROSA (City) and CATHOLIC CHARITIES OF THE DIOCESE OF SANTA ROSA, a California non-profit corporation (Contractor).
RECITALS
A. The Council of the City of Santa Rosa (Council) has determined that the Caritas Family Center (Program), formerly the Family Support Center, benefits the residents of Santa Rosa and meets the definition of Public Services under 24 CFR §570.201(e).
B. In general, the Program will provide focused, comprehensive homeless services that help reduce homelessness amongst families.
C. CITY wishes to fund the Program, using Federal Community Development Block Grant (CDBG) funds, and Local Funds.
D. The parties have negotiated upon the terms pursuant to which Contractor will administer and conduct the Program and City will fund the Program and have herein reduced such terms to writing.
AGREEMENT
1. SCOPE OF SERVICES
Contractor 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 term of this Agreement shall commence on July 1, 2024 and shall continue in effect until June 30, 2025.
3. GRANT
A. Notwithstanding any other provision of this Agreement, Program funding from
EXHIBIT E
City to Contractor shall not exceed one hundred ninety six thousand dollars and no/100 dollars ($196,000). The City’s Chief Financial Officer is authorized to pay all proper claims from Key 42006/Fund 2280 ($96,000) and Key 340707/Fund 1209 ($100,000).
B. Payments by City to Contractor shall be made monthly in arrears based on 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) where Contractor has not provided Program services.
Invoices submitted after 30 days shall include acceptable written justification for the delay.
C. 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 coverage described in, and in accordance with, Attachment One, “Insurance Requirements” which is attached hereto and hereby incorporated and made part of this Agreement by this reference. Maintenance of the insurance coverage 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 required 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 utilizes any subcontractors 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
Contractor 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
The 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
City and Contractor each bind 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. 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. 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.
9. SUBCONTRACTS
A. Any subcontract funded under this Agreement shall be submitted to the Director for review and approval prior to its execution.
B. Any subcontract funded under this Agreement shall be subject to the terms and
conditions of this Agreement.
10. CONFLICT OF INTEREST
Section 42 of the City Charter and the City’s Conflict of Interest Code expressly apply to this Agreement. Contractor shall be responsible for ensuring compliance with this provision.
11. 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 newspaper articles. The words "City of Santa Rosa” 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 Program.
Contractor agrees to cooperate with City staff in any City-generated publicity or promotional activities related to the Program.
13. 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.
14. FIXED ASSETS
For purposes of this Agreement, a fixed asset is any physical item, excluding real 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 a usable life of one year or more revert back to City.
15. 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 reserved by City.
D. Both written and oral releases are considered to be within the context of publication.
However, there is no intention to limit discussion of the Program with 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.
E. HUD reserves a royalty-free nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work developed pursuant to this Agreement, for governmental purposes.
16. PROGRAM MONITORING AND EVALUATION
A. The quarterly reports as more fully set forth in Exhibit D 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:
1. The number of clients with new or continuing access to the service or benefit provided;
2. The number of clients with improved access to the service or benefit provided;
3. The number of clients that receive the service or benefit that is no longer substandard; and
4. The number of beds created in overnight shelter or other emergency housing.
B. Contractor must be in good standing in collecting and entering current, accurate, and comprehensive data that reflects the homeless prevention and intervention services delivered by Contractor into the Homeless Management Information System (HMIS), as defined by HUD, as a condition of funding under this Agreement. HMIS requirements are further described in Exhibit C.
C. Contractor will take part in biennial unsheltered Homeless Count by assigning
staff to assist in Count processes and by making facilities and other Contractor resources available to support the Count commensurate to the size of the Contractor's homelessness program relative to the overall Sonoma County Continuum of Care program.
17. ASSIGNMENT
Contractor shall not assign any rights or duties under this Agreement to a third party without the express written consent of City.
18. MODIFICATION
This Agreement shall not be modified except in writing executed by both parties. The Director is authorized to approve and execute amendments to this Agreement on behalf of the City.
19. TERMINATION OF AGREEMENT
A. City may terminate this Agreement for convenience upon ten (10) days’ written notice to Contractor. Upon such notice, Contractor shall immediately suspend all services under this Agreement.
B. City may terminate this Agreement immediately for cause, which shall include as example but not as a limitation:
1. 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;
2. Failure to meet the performance standards contained in other sections of this Agreement;
3. Improper use or reporting of funds provided under this Agreement;
4. Suspension, termination or modification of any of the sources of funds upon which City planned to fund this Agreement;
5. 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.
6. In connection with the provisions of subsections D and E, above, Contractor understands that City has based its overall allocation of funds to Contractor 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 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 the amount of funding to be advanced to Contractor under this Agreement. 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.
C. 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.
D. In no event shall CITY be obligated to fund any part of this Agreement from CITY's own financial resources.
20. 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:
CITY: CONTRACTOR:
Department of Housing and Community
Services
Catholic Charities of The Diocese of
Santa Rosa
90 Santa Rosa Avenue PO Box 4900
Santa Rosa, California, 95404 Santa Rosa, CA 95402
21. ENTIRE AGREEMENT
This agreement is the entire Agreement between the parties.
22. INCORPORATION OF ATTACHMENT AND EXHIBITS
The attachment and exhibits to this Agreement are incorporated and made part of this Agreement, subject to the terms and provisions herein.
23. SIGNATURES REQUIRED FOR CORPORATIONS
If 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.
28. COUNTERPARTS AND ELECTRONIC SIGNATURES
This Agreement and future documents relating thereto may be executed in two or more counterparts, each of which will be deemed an original and all of which together constitute one Agreement. Counterparts and/or signatures delivered by facsimile, pdf or City-approved electronic means have the same force and effect as the use of a manual signature. Both City and Contractor wish to permit this Agreement and future documents relating thereto to be electronically signed in accordance with applicable federal and California law. Either Party to this Agreement may revoke its permission to use electronic signatures at any time for future documents by providing notice pursuant to the Agreement. The Parties agree that electronic signatures, by their respective signatories are intended to authenticate such signatures and to give rise to a valid, enforceable, and fully effective Agreement. The City reserves the right to reject any signature that cannot be positively verified by the City as an authentic electronic signature.
29. FEDERAL PROVISIONS
CONTRACTOR shall comply with the provisions in Exhibit E to this Agreement. In the event of a conflict between any provision in Exhibit E and any other provision of this Agreement, the more stringent provision shall control and prevail.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this date and year first above written.
CONTRACTOR
Catholic Charities of the Diocese of
Santa Rosa
By
Name: Jennielynn Holmes
Title: CEO
Taxpayer ID # 94-2479393
CITY OF SANTA ROSA
A Municipal Corporation
By
Name: Megan Basinger
Title: Housing & Community Services Director
APPROVED AS TO FORM
By
Office of the City Attorney
Attachments:
Attachment One: Insurance Requirements Exhibit A:
Scope of Services
Exhibit B: Budget
Exhibit C: Homeless Management Information System (HMIS) Exhibit D: Quarterly Status Report Form
Exhibit E: Federal Provisions
Attachment One
Form approved by the City Attorney 4-14-14
ATTACHMENT ONE
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICES AGREEMENTS
A. Insurance Policies: Consultant 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 of no less 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 pr ovide 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 Consultant 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
Consultant 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
employer’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
Consultant, its employees, agents and
subcontractors.
B. Endorsements:
1. All policies shall provide or be endorsed to provide that coverage shall not be canceled, except after prior written notice has been provided to the City in accordance with the policy provisions.
Attachment One
Form approved by the City Attorney 4-14-14
Liability, umbrella and excess policies shall provide or be endorsed to provide the following:
a. For any claims related to this project, Consultant’s insurance coverage shall be primary and any insurance or self -insurance maintained by City shall be excess of the Consultant’s insurance and shall not contribute with it; and,
b. The City of Santa Rosa, its officers, agents, employees and volunteers are to be covered as additional insured’s on the CGL policy. General liability coverage can be provided in the form of an endorsement to Consultant’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 and CG 20 37 if a later edition is used.
C. Verification of Coverage and Certificates of Insurance: Consultant shall furnish City with original certificates and endorsements effecting coverage required above.
Certificates 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. Other Insurance Provisions:
1. No policy required by this Agreement shall prohibit Consultant from waiving any right of recovery prior to loss. Consultant hereby waives such right with regard to the indemnitees.
2. All insurance coverage amounts provided by Consultant 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 such insurance coverage. Defense costs must be paid in addition to coverage amounts.
3. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either Consultant or City.
Self-insured retentions above $10,000 must be approved by City. At City’s option, Consultant may be required to provide financial guarantees.
4. Sole Proprietors must provide a representation of their Workers’ Compensation Insurance 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
EXHIBIT A: SCOPE OF SERVICES
CARITAS FAMILY CENTER
Fiscal Year 2024-2025
Catholic Charities of the Diocese of Santa Rosa
Community Development Block Grant (CDBG)
Public Services Program
Operate the Caritas Family Center (Program) to provide focused, comprehensive homeless services that help reduce homelessness amongst families, with the ultimate aim of moving these vulnerable households into housing as rapidly as possible. Provide short-term emergency shelter, food, clothing, and the basic resources, skills and services needed to overcome homelessness and sustain housing and self-sufficiency. Services will include, but not be limited to the following:
Parent-focused services include:
• Housing location assistance, including search, placement, and rental assistance into permanent housing
• Housing Case Management providing intensive support in addressing barriers to housing
• Active participation in the design and implementation of a Housing Action Plan to expedite families into permanent housing
• Help obtaining employment and public benefits
• Money management and financial literacy counseling
• Provide referrals to assist with obtaining a GED
• Access to health services
• Support for the active maintenance of their sobriety and mental health Child-centered services include:
• Onsite Head Start preschool services for children ages 2-5 and Farley Education Center for school-age homework assistance, with available tutoring • Onsite after school and summer camp services provided by YMCA for school-age children
• Onsite performing art classes provided through Luther Burbank Center • Connection to other child care providers and after school programming, as well as liaison to local schools
• Coordination of transportation to local schools as needed In addition to child-centered and parent focused services, Contractor will actively engage clients to:
• Reduce overall program costs and help model behavior and a positive culture that fosters an environment of personal transformation
• Provide clients with the opportunity to assist with meal preparation/service and facility/grounds maintenance
Planned Outputs
• Approximately 400 adults and children will be provided emergency shelter and the support services to enable them to exit homelessness and reduce the negative impacts of homelessness on the family, public resources, the economy, and the environment Exhibit A
• 50,000 bed nights will be provided to participants
• At least 2 free meals will be offered daily to participants • Contractor will engage clients and elicit feedback to incorporate in program planning and implementation
Planned Indicators
• 35% of Family Households leaving the program will exit to permanent housing • 20% of Family Households leaving the program will exit to temporary housing • 40% of Family Households leaving the program will increase or retain earned or other income
• Contractor will maintain an agency-wide return to homelessness rate of less than 5% as measured by reentry into HMIS.
Exhibit B
EXHIBIT B: BUDGET CARITAS
FAMILY CENTER
Fiscal Year 2024-2025
Catholic Charities of the Diocese of Santa Rosa
Expenses Budget Amounts
CDBG Funds
Salaries & Benefits $86,400
Indirect Costs @ 10% $22,125
Total CDBG Funds $96,000
Local Funds
Salaries and Benefits – Housing Staff $90,000
Indirect Costs @ 10% $10,000
Total Local Funds $100,000
Total Contract Expenses $196.000
Exhibit C
County of Sonoma
May 1, 2023
EXHIBIT C
Homeless Management Information System (HMIS)
As stated more specifically in the Sonoma County 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 County’s 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 data reflective of the Participant status at Intake, Update and Exit and as defined by the prevailing HMIS Data Standards.
1. Timely data entry:
a. Unless otherwise approved in writing and attached to this Agreement, entry of data into EtO HMIS within five (5) business days of the event that generated by the data collection (i.e., Participant Intake, Entry and Exit from Program, and required annual updates if Participant is participating for longer than one year in the program).
2. Accurate and Complete Data:
a. All homeless Participant data for Covered Homeless Organizations (CHO's) will be entered into the EtO HMIS unless approved in writing and attached to this Agreement.
b. 95% of all HUD or Sonoma County defined mandated data points are supplied (fields do NOT reflect a "Null", "Don't Know or Refused" OR "Data Not Collected" value).
c. The HUD Data Quality reports (required Quarterly Reporting for each homeless program) will reflect a 95% or higher data completeness and quality result at all times.
3. Data Collection Methodology:
a. CONTRACTOR shall adhere to the most current HMIS Data Standards and Sonoma County HMIS Lead designed 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 Security and Ethics training annually. CONTRACTOR
Exhibit C
County of Sonoma
May 1, 2023
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 utilize data from the following reports as the basis for quarterly report submissions and include with their report submission:
a. HUD Data Quality report for the program being reported with a data range from the start of the fiscal year to the end of the required report period (cumulative) b. HUD Annual Performance Report (APR) for the project shall be submitted with each Quarterly Report submission.
D. HMIS 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 COUNTY. CONTRACTOR also agrees to provide the County with leveraging information within 30 days of request.
E. Homeless 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 prior to and after the Homeless Count. CONTRACTOR will take part in the annual 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 size of the CONTRACTOR's homelessness program relative to the overall Sonoma County program.
F. Sonoma COUNTY Coordinated Entry participation: CONTRACTOR shall fully participate in the Sonoma County CES system. Full participation is defined as adherence to all local Coordinated Entry policies and procedures. (For housing programs) Subcontractor will accept referrals from the Sonoma County CES system and rejections of referrals from the Sonoma County CES system shall be only for reasons permissible as outlined in the Sonoma County Coordinated Entry System policies and procedures stated in this Funding Agreement.
G. CONTRACTOR providing Emergency Shelter and Street Outreach services will assess and enroll participants into the Sonoma County Coordinated Entry System within 3 days of entering the program.
H. CONTRACTOR shall agree to participate in the CE system by referring homeless participants directly to CE for screening and assessment, communicating with the CE subcontractor about program referral placement and/or reasons for declining participants. Determination of participant referrals will be completed within a timely manner of three business days or less
Exhibit D Page 3 of 2
EXHIBIT D: QUARTERLY STATUS
REPORT CARITAS FAMILY CENTER
PROGRAM
Exhibit D Page 4 of 2
Exhibit E
May 15, 2023
Exhibit E
FEDERAL PROVISIONS
Section 1. Financial Requirements/Audits/Reporting
a. Contractor 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.
b. Contractor shall be accountable to City for all funds requested by and disbursed to Contractor under this Agreement.
c. Contractor 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. Contractor 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), U.S. Department of the Treasury (Treasury), 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 and Treasury.
e. Contractor 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.
f. Contractor 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. Contractor 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. Authorized representatives of City shall perform fiscal monitoring of Contractor's record keeping and reporting to assure compliance with this Agreement.
i. Any 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
Exhibit E
May 15, 2023
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) and/or State and Local Fiscal Recovery Funds (SLFRF) program-eligible purposes.
j. Contractor 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.
Section 2. Budget
Any requested modification to the line items of the Budget shall be reviewed and approved by the Director of Housing & Community Services, or designee, 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 compensation under Section 3.
Section 3. Subcontracts
a. Any subcontract funded under this Agreement shall be submitted to the Director of Housing & Community Services, or designee, 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.
Section 4. 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, Contractor, 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.
Exhibit E
May 15, 2023
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 and/or Treasury. 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.
i. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
ii. None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, to further the election or defeat of any candidate for public office, or to support or defeat legislation pending before Congress.
iii. 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 and disclose accordingly. This is a material representation of fact upon which reliance was placed when this Agreement was made.
iv. Not more than one member of an immediate family shall be employed by Contractor or a component thereof directly or indirectly receiving HUD and/or Treasury funds.
For purposes of this provision, immediate family shall include husband, wife, brothers, sisters, children, and parents (both legal parents and step-parents). If
Exhibit E
May 15, 2023
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 ri ght, 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.
Section 5. 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.
Section 6. Program Monitoring and Evaluation
a. Purpose
Contractor shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and CDBG and/or SLFRF regulations incorporated herein and the effective and efficient achievement of Program objectives.
Contractor shall appoint a representative to be available to City for consultation and assistance during the performance of this Agreement.
Contractor 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 15, January 15, April 15, and July 15, 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:
i. The number of clients with new or continuing access to the service or benefit provided; ii. The number of clients with improved access to the service or benefit provided; and iii. The number of clients that receive the service or benefit that is no longer substandard. iv. The number of beds created in overnight shelter or other emergency housing. b. Responsibilities of City
City shall monitor and evaluate the Program.
c. Responsibilities of Contractor
Contractor shall provide evidence of client income and ethnicity in order to substantiate 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 and/or Treasury, Contractor may be required to reimburse the City for funds that were expended on ineligible activities as identified in CDBG regulations (24 CFR § 570) and/or SLFRF regulations (31 CFR § 35).
Exhibit E
May 15, 2023
Section 7. Fair Housing and Equal Opportunities 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 person 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, the transferee, for the period during which the real property and structure(s) are used 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 the provision 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 to affirmatively 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 regulations pursuant thereto (24 CFR § 107), prohibits discrimination because 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 with Federal financial assistance.
d. Section 109 of the Housing and Community Development Act of 1974
Section 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 whole or in part with funds made available under this title.
Section 109 further provides that any prohibition against discrimination on the basis 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 Executive 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
Exhibit E
May 15, 2023
discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally-assisted construction contracts and affirmative action shall be taken to ensure equal employment opportunity. Contractor will incorporate, or cause to be incorporated, into any contract for construction work or modification thereof, as defined in the regulations of the Secretary 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 Civil 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 English proficiency.
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 read, write, speak or understand English.
Affirmative steps must be taken to communicate with people who need services or information in a language other than English. A policy must be developed to serve applicants, participants, and/or persons eligible for housing assistance and support services.
Contractor must analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. In order to determine the level of access needed by LEP persons, the following four factors must be balanced:
i. the number or proportion of LEP persons eligible to be served or likely to be applying for program services;
ii. the frequency with which LEP persons utilize these programs and services; iii. the nature and importance of the program, activity, or service provided; and iv. 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 conducted programs and activities. In performance of this Agreement, Contractor shall perform all services described herein in compliance with all applicable federal, 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 require reasonable accommodations.
Exhibit E
May 15, 2023
h. Age Discrimination Act of 1975
The Age Discrimination Act of 1975, as amended, prohibits discrimination because 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 action to encourage participation by businesses owned and operated by minority groups and women.
Section 8. Drug Free Workplace
Contractor 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.
Section 9. 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 appropriate in the circumstances, and as per 2 CFR 200.338-200.342 - Remedies for Noncompliance:
i. Temporarily 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 Contractor an opportunity for such hearing, appeal or other administrative proceeding 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 during suspension or after termination which are necessary and not reasonably avoidable are allowable if:
i. The 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).
Section 10. Laws, Regulations, Fees, Taxes
a. All eligible recipients are required to have an active registration with the System for Award Management (“SAM”) (https://www.sam.gov) pursuant to 2 CFR Part 25 b. Contractor shall carry out its responsibilities pursuant to this Agreement in accordance with all applicable Federal, State and Local laws and all policies, procedures, regulations and requirements as HUD, State, Treasury, and City from time to time prescribe. c. Contractor shall comply with Title VI of the Civil Rights Act of 1964 (24 CFR §§ 1 et seq.) which states that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
d. Contractor shall pay all fees and taxes as required by law.
e. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.