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HomeMy WebLinkAboutCommunity Services Department - 2009-10-01 (5)HE3 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 Huntington Beach Council on Aging to provide payments to various vendors on behalf of Senior Services 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, 1 4 6 t •JimEngle 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 , 2009, 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: 1) 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 Pam: The City has allocated Federal 2009 HPRP funds in the amount of Forty -Eight Thousand Dollars ($48,000.00) for the Scope of Services, as outlined in the Subrecipient's application to the City for HPRP funds, incorporated herein by reference. 09-2191/38239 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. 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. 2 09-219 1/3 8239 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. 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. 09-2191 /3 8239 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 without prior formal approval by the City, subject to the provisions of the City's adopted Citizen Participation Plan. 4 09-2191/38239 - 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 10) 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. 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 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 5 09-2191/38239 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. 6 09-2191 /3 8239 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 CITY OF HUNTINGTON BEACH ECONOMIC DEVELOPMENT DEPARTMENT Stanley Smalewitz, Director 09-219 1/3 8239 Huntington Beach Senior Services HPRP 2009 SCOPE OF WORK Anticipated Objectives Annual Unduplicated Activities Individuals Served Short Term Rental 24 One time rental assistance per Assistance household (eviction prevention or move in costs related to re -housing) Care Management The care manager will complete registration forms, answer questions, link potential matches and provide follow up in relation to the Shared Housing Program. The care manager will also screen direct assistance applicants for eviction prevention and re -housing as mentioned in #1 above. 2. Outreach 300 The staff will collaborate with other services providers and local groups to increase awareness of senior housing issues and homelessness in Orange County. Resources and information on affordable housing, including shared housing options will be developed and made available to those in need. Huntington Beach Senior Services focuses on meeting the needs of older adults. Therefore, seniors aged 60 years or more will have priority access to services. Staff will complete individual intakes for all applicants of the Shared Housing program and for the direct assistance of either eviction prevention or re- housing. The Care Manager will be responsible for developing literature related to the program and performing Outreach to the community in order to promote shared housing options. Networking with local property owners will be instrumental in helping with eviction prevention and re -housing efforts. Because the total amount of funds granted is less than requested, we anticipate that the program duration will be limited to 12-18 months. Therefore, the anticipated total number of persons served is reported as an annual amount.