HomeMy WebLinkAboutCommunity Services Department - 2009-10-01F
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HUNTINGTON BEACH
October 13, 2010
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
Mr. Stanley Smalewitz
Economic Development Director
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Mr. Stanley Smalewitz,
COMMUNITY SERVICES DEPARTMENT
(714)536-5486
Attached, please find a copy of the City of Huntington Beach Memorandum of Understanding
(Program No. S-09-MY-06-0506) For Program Year 2009 Homeless Prevention and Rapid Re -
Housing Program (HPRP) between the City of Huntington Beach ("City") and the Community
Services Department ("Subrecipient"). Item #12 - ASSIGNMENT OF MOU states, "The
subrecipient shall not assign this MOU or any monies do thereunder without the prior written
consent of the City". `{
The subrecipient is partnering with the Project Self Sufficiency Foundation to provide payments
to various vendors on behalf of Project Self Sufficiency clients. As required in item #12 above,
the Community Services Department is requesting the consent of the City of Huntington Beach
for the Huntington Beach Council on Aging to invoice the City of Huntington Beach HPRP
quarterly for reimbursement of these payments.
Respectfully Requested,
Jim B. Engle
Attachment
Approved:
Stanley Smalewitz
CITY OF HUNTINGTON BEACH
MEMORANDUM OF UNDERSTANDING
(Program No. S-09-MY-06-0506)
For Program Year 2009
Homeless Prevention and Rapid Re -Housing Program (HPRP)
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of this
first day of 12009, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation, hereinafter referred to as "City", and the COMMUNITY
SERVICES DEPARTMENT, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of 1974,
Public Law 93-383; and
WHEREAS, the City wishes to engage the Subrecipient to assist the City in utilizing
such funds; and
WHEREAS, the Department of Economic Development is delegated the responsibility
for the administration of the Homeless Prevention and Rapid Re -Housing Program; and
WHEREAS, the City has environmental clearance to release the funds for this project;
NOW, THEREFORE, in consideration of these recitals, and the mutual covenants
contained herein, the Department of Economic Development and Subrecipient agree as
follows:
STATEMENT OF WORK
A. Scope of Services: Subrecipient shall perform all the services described in
the Project Description (Project) and Scope of Services as set forth on
Attachment 1 to this MOU, a copy of which is attached and incorporated
by reference.
B. Time of Performance: The services described above are generally
provided on a weekly basis to eligible persons. Reimbursable activities
per the Grant Application may begin on October 1, 2009 and shall end on
September 30, 2012.
C. Compensation and Method of Payment: The City has allocated Federal
2009 HPRP funds in the amount of Three Hundred Forty -Seven Thousand
Dollars ($347,000.00) for the Scope of Services, as outlined in the
Subrecipient's application to the City for HPRP funds, incorporated herein
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by reference. The Subrecipient shall furnish all labor, materials and
services and bear all expenses necessary to provide for the project as
outlined in this MOU.
D. National Objectives: The Subrecipient certifies that the activities carried
out with funds provided under this MOU will meet one or more of the
HPRP program's National Objectives: Prevent individuals and families
from becoming homeless or helping those who are experiencing
homelessness to be quickly re -housed and stabilized.
2) NOTICES
Communication and details concerning this contract shall be directed to the
respective Department Heads executing this MOU.
3) RECORDS AND REPORTS
The Subrecipient shall maintain separate accounting records for the Federal HPRP
funds provided by the City. The City, federal Grantor Agency Comptroller
General of the United States, or any of their duly authorized representatives shall
have access to all books, documents, papers and records maintained by the
Subrecipient which directly pertain to the above project for the purpose of audit,
examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial
records, supporting documents and statistical reports related to the project
identified under this MOU for a period of five (5) years from the date of project
completion and/or alternatively five years from the date of an audit finding until
such finding has been cleared by appropriate officials and the Subrecipient has
been given official written notice.
4) SINGLE AUDIT REQUIREMENT
If the Subrecipient shall receive more than $300,000 in total federal funds in one
fiscal year from the City of Huntington Beach and/or any other city or agency, the
Subrecipient is required to submit a Single Audit Report. As required by the
Federal Single Audit Act, the Subrecipient shall be required to submit to the City,
a comprehensive financial audit prepared by an independent, neutral third party
auditor. The audit shall cover financial operations of the Subrecipient for the
period beginning October 1, 2009 and ending September 30, 2012 and is due not
later than one year after expiration of this MOU.
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5) PROGRAM REQUIREMENTS
The Subrecipient shall adhere to the terms of the City's HPRP Application and
this MOU and with assurances and agreements made by the City to the United
States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative
Requirements as described in Section 570.502 of the federal regulations for the
HPRP Program. The Federal requirements are incorporated herein.
The Subrecipient shall carry out all activities in compliance with all Federal laws
and regulations as described in Subpart K, such as labor standards (Davis Bacon
Act), fair housing requirements of the HPRP Program Regulations except that:
a) The Subrecipient will not assume the City's environmental
responsibilities as described on Section 570.604; and
b) The Subrecipient will not assume the City's responsibility for
initiating the review process required under the provisions of 24
CFR Part 52.
The provisions of Subpart K of the HPRP Regulations are incorporated, by
reference, as a condition of this MOU_
The Subrecipient shall comply with all Federal relations related to the use of
HPRP funds by religious organizations, if applicable to this MOU and the
approved project outlined herein.
6) SECTION 3 COVERED ASSISTANCE
Where the Subrecipient receives HPRP funds for work arising in connection with
preventing individuals and families from becoming homeless or helping those
who are experiencing homelessness to be quickly re -housed and stabilized, the
requirements of Section 3 of the Housing and Urban Development Act of 1968
shall apply as follows:
A. The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3
is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD -assisted projects covered by Section 3, shall,
to the greatest extent feasible, be directed to low and very low-income
persons, particularly persons who are recipients of HUD assistance for
housing.
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B. The parties to this contract agree to comply with HUD's regulations in 24
CFR Part 135, which implement Section 3_ As evidenced by their
execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice of advising the labor
organization or workers' representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number of job
titles subject to hire, availability of apprenticeship and training positions,
the qualifications for each; the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to
take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulation in 24 CFR part 135. The
contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found
in violation of the regulations in 24 CFR, part 135.
E. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
7) CHANGES IN USE OF FUNDS
Changes in the use of HPRP funds must be approved by the City Council. If the
Subrecipient desires a change in the use of the HPRP funds following approval of
this MOU, a written request must be submitted to the City for review by the
Council. No change in use of the HPRP funds will be permitted by the City
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without prior formal approval by the City, subject to the provisions of the City's
adopted Citizen Participation Plan.
8) NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all State and Federal laws regarding
nondiscrimination in the provision of services and the equal opportunity
employment of personnel.
9) SUSPENSION AND TERMINATION OF MOU
In accordance with Title 24, Sections 85.43 and 85.44 of the Code of Federal
Regulations, this MOU may be suspended or terminated if the Subrecipient fails
to comply with any term(s) of the award and/or the award is terminated for
convenience. Title 24, Sections 85.43 and 85.44 of the Code of Federal
Regulations are incorporated herein, by reference as provisions of the MOU.
10) REVERSION OF ASSETS
Upon expiration of this MOU, the Subrecipient shall transfer to the City any
HPRP funds on hand at the time of expiration and any accounts receivable
attributable to the use of HPRP funds. The Subrecipient shall be required to use
any real property under the Subrecipient's control that was acquired or improved
in whole or in part with HPRP funds in excess of $25,000 as follows:
a) Used to meet one of the National Objectives in 24 CFR, Section
570.208 until five (5) years after expiration of this MOU; or,
b) Disposed of in a manner that results in the City being reimbursed
in the amount of the current fair market value of the property less
any portion of the value attributable to expenditure of non-HPRP
funds for acquisition or improvement to the property.
Reimbursement is not required after the period of time specified in
paragraph (a) of this section.
11) HOLD HARMLESS AND INDEMNITY AGREEMENT
The City, its elected and appointed officers, employees and agents shall not be
liable for any claims, liabilities, penalties, fines, or any damage to goods,
properties, or effects of any person whatsoever, nor for personal injuries or death
caused by, or claimed to have been caused by, or resulting from, any intentional
or negligent acts, errors or omission of Subrecipient, or Subrecipient's agents,
employees, or representatives in completion of the project outlined in the MOU.
Subrecipient agrees to defend, indemnify, and save free and hold harmless the
City and its elected and appointed officers, employees and agents against any of
09-2191138201
the foregoing liabilities or claims of any kind and any cost/and or expense that is
incurred by the City on account of any of the foregoing liabilities, including
liabilities or claims by reason of alleged defects in any plans and specifications
for the project or facility.
12) . ASSIGNMENT OF MOU
The Subrecipient shall not assign this MOU or any monies due thereunder without
the prior written consent of the City.
13) SUCCESSORS OR ASSIGNS
Subject to the provisions of this MOU, "Hold Harmless and Indemnity
Agreement," all terms, conditions, and provisions hereof shall inure to and shall
bind each of the parties hereto, and each of their respective heirs, executors,
administrators, successors, and assigns.
14) INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in HPRP funds
and/or other funds, the Subrecipient shall obtain and maintain policies of
automobile insurance, general liability insurance and a combined policy of
worker's compensation and employers liability insurance from an insurance
company authorized to do business in the State of California which meets the
requirements of the City in an insurable amount of not less than $1,000,000 each,
unless a lower amount is approved by the. City Attorney.
This insurance shall be in force during the term of this MOU and shall not be
canceled without thirty (30) days prior written notice to the City sent by certified
mail.
The City shall be named as an additional insured on these policies. The
Subrecipient shall furnish certificates of insurance to the City before
commencement of work.
15. AUTHORITY TO EXECUTE THIS MOU
The person or persons executing this MOU on behalf of Subrecipient warrants
and represents that he/she has the authority to execute this MOUI on behalf of the
Subrecipient and has the authority to bind Subrecipient to the performance of its
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be
executed as of the day and year first written above.
CITY OF HUNTINGTON BEACH
COMMUNITY SERVICES DEPARTMENT
� G
Engle, Director
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09-2191 /3 8201
CITY OF HUNTINGTON BEACH
ECONOMIC DEVELOPMENT DEPARTMENT
Stanley Smalewitz, D cto
PSS HPRP Scope of Work
Objectives
Three Year
Outcomes
Service Goals
PSS will develop, with each participant, a
1. Client Intake/
100 percent of PSS
personal plan to minimize risk of
Assessment and Individual
program participants
homelessness, including education and
Action Planning (IAP)
training goals aimed towards achieving self-
sufficiency.
2. Short Term and Medium
25 HB single head of
PSS will provide short term rental assistance
Term Rental Subsidies
household families
for up to 3 months and medium tern rental
assistance up to 18 months for students who
are single head of households to minimize
risk of homelessness for single parents head
of household families.
3. Case Management
Quarterly IAP's for 25 single
PSS IAP process allow staff to asses the
head of household families
ongoing needs and progress of participants,
receiving rental subsidies.
and give staff the opportunity to provide
guidance, information and referrals. This
allows for advocacy in conjunction with and
on behalf of the participant families to
develop comprehensive support services to
rapidly transition families to housing stability.
"Families not receiving rental subsidies will
have twice yearly IAP's.
4. Community Outreach
Speak at 10 community
Increase community awareness of Project -
partner meetings each year
Self Sufficiency and homeless prevention in
an effort to obtain financial or in -kind support.
5. Participant Outreach
Distribute PS-S literature to
Provide information to local community
10 local Social Service
agencies equipped to assist with targeting
agencies each year
students who are single head -of -household,
and at risk of homelessness.
6. Success recognition
Recognize annual
Recognition of goals met in an effort to
achievements
encourage and inspire self-sufficiency.
Please note, Project Self Sufficiency will be assessing participants individually through
the IAP process to determine the appropriate level of financial assistance. As outlined
in the "American Recovery and Reinvestment Act of 2009" there are maximum amounts
of financial assistance allowed, which may be reflected in a change in our numbers. We
will be better able to gauge this need after 6 months of operating the HPRP program for
PS-S.
'.: CITY OF HUNTINGTON BEACH
_ a
- Request for Adding Business Unit to the Master Chart of Accounts
Requested by: Sidney Stone Department: Economic Development
Name
Department Head Extension: 5901
Approval: Date. 09/30/09
Signature
Purpose of Adding: To establish own set of audit and tracking requirements set forth
by HUD
Proposed Name: Proi Self Sufficiency HPRP 09/10
Proposed Fund Number: 80102
General Fund Only:
Division Category Code: Division Name: CDBG
Purchase Approval Route: (enter Approver names and JDE Address Book number at
all levels):
Approver Name: Kellee Fritzal Address Book # 18924 Dollar Level $50,000
Approver Name: Stanley Smalewitz Address Book # 27453 Dollar Level $50 000
Approver Name: Address Book # Dollar Level $
Approver Name: Address Book # Dollar Level $
Approver Name: Address Book # Dollar Level $
Approver Name: Address Book # Dollar Level $
Will there be employee payroll costs charged to the new Fund/ Business Unit?
® Yes ❑ No
Routh 9g: �`'n-ance Le jai Lment', Administration
Finance Use Only
Budget & Research: ❑ Approve ❑ Reject
Signature Date
Accounting: ❑ Approve ❑ Reject
Signature Date
Fund Business Unit Object Sub Acct
Business Unit Name:
i
Completed by: Dated Completed:
Upon completion, E-Mail notification sent to: Marilyn Goldstein (Purchasing), Rick Amadril (Central Services),
Julie Russell (Payroll), Jennifer Lampman, Michael Solorza, and Josh Brooks (Budget & Research),
and the Issuing Department