HomeMy WebLinkAboutFair Housing Foundation - 2020-07-01 (3) SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
FAIR HOUSING FOUNDATION
(Program No. B-20-MC-06-0506)
FOR PROGRAM YEAR 2020/2021
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDS
THIS AGREEMENT is made and entered into on the I" of July 2020 by and between the
CITY OF HUNTINGTON BEACH a municipal corporation, hereinafter referred to as
"City," and FAIR HOUSING FOUNDATION,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 City has environmental clearance to release the funds for this project;
NOW, THEREFORE, in consideration of these recitals, and the mutual covenants
contained herein, City and Subrecipient agree as follows:
I) National Obi ctive
The Subrecipient certifies that the activities carried out with funds provided under this
Agreement will meet the CDBG program's National Objective of benefit to low/moderate
income persons as defined in 24 CFR Part 570.208. .
The Subrecipient shall adhere to the terms of the City's CDBG Application and
Subrecipient Agreement and with assurances and agreements made by the City to the
United States Department of Housing and Urban Development.
2) Subrecipient Grant Amount and Scope of Work
The City has allocated Federal 2020/2021 CDBG funds in the amount of Thirty
Thousand Dollars ($30,000) to the Subrecipient to assist with the program costs for
activities described in the Scope of Work(Attachment 1).
3) Time of Performance
The services described above are generally provided on a weekly basis to eligible
persons. Reimbursable activities per this Grant Agreement may begin on July 1, 2020
and shall end on June 30, 2021.
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4) Personnel Assigned
Subrecipient personnel assigned to carry out the Scope of Work shall, if required by the
standards of their profession, maintain all licenses and permits necessary to remain in
compliance with State and Federal requirements governing the profession. The City shall
be notified of all personnel assigned to carry out the Scope of Work and shall be notified
if there is a change in personnel.
5) Levels of Performance
The Subrecipient agrees to provide the levels of program service as described in the
Scope of Work (Attachment 1).
6) Budget
The budget as proposed in the Subrecipient Grant application (Attachment 1) shall be the
governing budget for this grant agreement and is incorporated herein by reference unless
modified and approved in writing by the City prior to this agreement.
In addition, the City may request a more detailed budget breakdown than originally
proposed and the Subrecipient shall provide such supplementary budget infonnation in a
timely fashion in the form and content prescribed by the City. Both the City and
Subrecipient must approve any amendments to the budget in writing.
7) Project Schedule/Milestones
Services of the Subrecipient shall start no sooner than on the first day of July 2020 and
end on the thirtieth day of June 2021.
Every effort shall be made by the Subrecipient to expend the allocated funds in their
entirety by June 30, 2021. If the Subrecipient does not expend all funds by June 30, 2021,
the City may reallocate the funds not yet drawn to another eligible CDBG projects.
8) Compensation and Method of Payment
The City shall reimburse the Subrecipient with CDBG funds for program costs related to
eligible services to not exceed the grant amount for the period beginning July 1, 2020 and
ending June 30, 2021.
The City shall not provide any payments/reimbursements in advance of actual
expenditures by the Subrecipient. Funding is contingent upon the City receiving
Community Development Block Grant funds from HUD.
The Subrecipient shall submit to the City a monthly "Payment Request" within fifteen
(15) calendar days after the end of the first three quarters with the final report for
2020/2021 fiscal year delivered by July 15, 2021. The reimbursement requests shall
include documentation to verify that the expenditure of funds is consistent with the
project description/definition as approved. Prior to reimbursing the Subrecipient, the
City will verify that the Subrecipient has met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are
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samples of appropriate methods of reimbursement documentation. A Quarterly
Accomplishment Report (Section 11) is due at the same time as the quarterly payment
request. A monthly reporting of activities must also be provided with the monthly
reimbursement requests.
9) Program Income
The Subrecipient shall report to the City any interest or other income earned as a direct
result of the use of Federal CDBG funds for the program outlined within this agreement.
All reported program income may be retained by the Subrecipient for services in
connection with providing housing, utilities, funds for medications, computer training
and food to the homeless or those who are at risk of homelessness. All provisions of this
Agreement shall apply to these activities. The program income, retained by the
Subrecipient, must be expended before additional funds are requested from the City. Any
program income on hand when the Agreement expires or received after the Agreement's
expiration shall be paid to the City. The requirements are set forth in the Code of Federal
Regulations, Title 24, Section 570.504(c).
10) Record Keeping_ Requirements
The Subrecipient shall, at minimum, maintain the following records and reports to assist
the City in complying with its record keeping requirements.
a) Documentation of the income level, ethnicity, age of persons and/or
households participating in or benefiting from the Subrecipient's program;
b) Documentation of the number of persons and/or households participating in or
benefiting from the Subrecipient's program;
c) Documentation of all CDBG funds received from the City;
d) Documentation of expenses as identified in the quarterly report and
reimbursement requests;
e) Documentation of how and when a determination was made as to the
eligibility status of persons assisted, and
f) Any such other related records as the City shall require.
The Subrecipient shall maintain separate accounting records for the Federal CDBG 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.
11) Reporting Requirements
The Subrecipient shall submit "Quarterly Accomplishment Reports" within fifteen (15)
calendar days of the end of the first three quarters. The final quarterly report is due no
later than July 15, 2021. Quarterly reports shall be provided by the Subrecipient to the
City indicating the number of persons assisted, income and ethnicity of persons assisted,
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how/what assistance was provided, and a description of how and when determination of
eligibility status was made for persons assisted. The report must include sufficient
information to assist the City in monitoring the Subrecipient's performance. The
Subrecipient must demonstrate satisfactory performance prior to reimbursement for
expenditures.
12) Public Access to Program Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors
to furnish all information and reports required hereunder and will permit access to its
books, records and accounts by the City, HUD or its agent, or other authorized Federal
officials for purposes of investigation to ascertain compliance with the rules, regulations
and provisions stated herein.
13) Records Retention
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
Agreement until June 30, 2026. All records subject to an audit finding must be retained
for five (5) years from the date the finding is made or until the finding has been cleared
by appropriate officials and the Subrecipient has been given official written notice.
14) Grant Closeout Procedures
The Subrecipient's obligation to the City shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the City), and determining the custodianship of records. Notwithstanding
the foregoing, the terms of this Agreement shall remain in effect during any period that
the Subrecipient has control over CDBG funds, including program income.
15) Uniform Administrative and Program Management Standards
The Subrecipient shall comply with applicable Uniform Administrative Requirements as
described in Section 570.502 of the federal regulations for the CDBG Program. The
Federal requirements are incorporated herein by reference.
16) Use and Reversion of Assets
Upon expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use
of CDBG 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 CDBG
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 Agreement; 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-CDBG funds for acquisition or
improvement to the property, Reimbursement is not required after the period
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of time specified in paragraph(a) of this section.
17) Real Property
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
The Subrecipient shall transfer to the City any CDBG funds on hand and any accounts
receivable attributable to the use of funds under this Agreement at the time of expiration,
cancellation, or termination.
Real property under the Subrecipient's control that was acquired or improved, in whole
or in part, with funds under this Agreement in excess of $25,000 shall be used to meet
one of the CDBG National Objectives pursuant to 24 CFR 580.208 until five (5) years
after expiration of this Agreement [or such longer period of time as the City deems
appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner
that meets a CDBG National Objective for the prescribed period of time, the Subrecipient
shall pay the City an amount equal to the current fair market value of the property less
any portion of the value attributable to expenditures of non-CDBG funds for acquisition
of, or improvement to, the property. Such payment shall constitute program income to
the City. The Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period [or such longer period of time as
the City deems appropriate].
In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement, is sold, the proceeds shall be program income) prorated to reflect the extent
to that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the Subrecipient for activities under this Agreement shall be (a)
transferred to the City for the CDBG program or (b) retained after compensating the City
[an amount equal to the current fair market value of the equipment less the percentage of
non-CDBG funds used to acquire the equipment].
18) Other Program Requirements
Reserved.
19) Suspension and Termination
In accordance with Title 24, Sections 85.43 and 85.44 of the Code of Federal
Regulations, this Agreement 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 Agreement.
20) Compliance with Laws and Regulations
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG) including subpart K
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(Attachment 3), 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 Subrecipient also agrees to comply with all other applicable Federal, state and local
laws, regulations, and policies governing the funds provided under this contract. The
Subrecipient further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
21) Antidiscrimination/Affirmative Action & Equal Employment Opportunity
The Subrecipient shall comply with all State and Federal laws regarding
nondiscrimination in the provision of services and the equal opportunity employment of
personnel.
22) Financial Mana eig Went
Accounting Standards. The Subrecipient agrees to comply with 24 CFR 84.21-28 and
agrees to adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs
incurred.
Cost Principles. The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These principles shall be applied
for all costs incurred whether charged on a direct or indirect basis.
23) 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 July 1, 2020 and ending June 30,
2021 and is due not later than one year after expiration of this Agreement.
24) Religious and Lobbying Activities
Religious Activities. The Subrecipient agrees that funds provided under this contract will
not be utilized for religious activities or to promote religious interests. Religious entities
may use CDBG funds for secular activities only in accordance with the Federal
regulations specified in 24 CFR 570.2000), such as worship, religious instruction, or
proselytization.
Lobbying. The Subrecipient hereby certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
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it, 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, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid
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 any
employee of a Member of Congress in connection with this Federal contract,
grant loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
and
(3) It will require that the language of paragraph (d) of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all Subrecipients shall certify and disclose accordingly:
Lobbying Certification. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S.C. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
25) Budget Modifications
If the Subrecipient desires to modify the use of the CDBG funds following approval of
this agreement, a written request must be submitted to the City for review. No change in
use of the CDBG funds will permitted without prior written approval by the City, subject
to the provisions of the City's adopted Citizen Participation Plan.
26) Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the City will
constitute non-compliance with this Agreement. If action to correct such substandard
perfonnance is not taken by the Subrecipient within a reasonable period of time after
being notified by the City, contract suspension or termination procedures will be initiated.
27) Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which
include(but are not limited to) the following:
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1) The Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
2) No employee, officer or agent of the Subrecipient shall participate in the selection, or
in the award, or administration of, a contract supported by Federal funds if a conflict
of interest, real or apparent,would be involved.
3) No covered persons who exercise or have exercised any functions or responsibilities
with respect to CDBG-assisted activities, or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities,
may obtain a financial interest in any contract, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-assisted activity, or
with respect to the proceeds from the CDBG-assisted activity, either for themselves
or those with whom they have business or immediate family ties, during their tenure
or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered
person" includes any person who is an employee, agent, consultant, officer, or elected
or appointed official of the City, the Subrecipient, or any designated public agency.
28) Procurement Standards and Methods
1) Compliance. The Subrecipient shall comply with current City policy concerning the
purchase of equipment and shall maintain inventory records of all non-expendable
personal property as defined by such policy as may be procured with funds provided
herein. All program assets (unexpended program income, property, equipment, etc.),
shall revert to the City upon termination of this Agreement.
2) OMB Standards. Unless specified otherwise within this agreement, the Subrecipient
shall procure all materials, property, or services in accordance with the requirements
of 24 CFR 84.40-48.
3) Travel. The Subrecipient shall obtain written approval from the City for any travel
outside the metropolitan area with funds provided under this agreement.
29) Environmental Issues
1) Air and Water. The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
a) Clean Air Act, 42 U.S.C., 7401, et seq.;
b) Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information,
as well as other requirements specified in said Section 114 and Section 308, and
all regulations and guidelines issued thereunder;
c) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Park 50,
as amended.
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2) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for
activities located in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
3) Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject
to HUD Lead-Base Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35,
Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all
owners, prospective owners, and tenants of properties constructed prior to 1978 be
properly notified that such properties may include lead-based paint. Such notification
shall point out the hazards of lead-based paint and explain the symptoms, treatment
and precautions that should be taken when dealing with lead-based paint poisoning
and the advisability and availability of blood lead level screening for children under
seven. The notice should also point out that if lead-based paint is found on the
property, abatement measures may be undertaken. The regulations further require
that, depending on the amount of Federal funds applied to a property, paint testing,
risk assessment, treatment and/or abatement may be conducted.
4) Historic Preservation. The Subrecipient agrees to comply with the Historic
Preservation requirements set forth in the National Historic Preservation Act of 1966,
as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,
Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this agreement. In general,
this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or
that are included on a Federal, state, or local historic property list.
30) Notices
Communication and details concerning this contract shall be directed to the following
contract representatives:
City: Subrecipient:
Office of Business Development Fair Housing Foundation
Attn: Robert Ramirez, Economic Attn: Stella Verdeja, Executive Director
Development Project Manager 3605 Long Beach Boulevard, Suite 302
2000 Main Street Long Beach, CA 90807
Huntington Beach, CA 92648 Phone: (562) 989-1206 Ext. 1100
Phone: (714) 375-5186
31) Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
The Subrecipient shall at all times remain an "independent contractor" with respect to the
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services to be perfonned under this Agreement. The City shall be exempt from payment
of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and
Workers' Compensation Insurance, as the Subrecipient is an independent contractor.
32) Insurance
General Liability. In addition to the workers' compensation and employer's liability
insurance and Subrecipient's covenant to indemnify City, Subrecipient shall obtain and
furnish to City, a policy of general public liability insurance, including motor vehicle
coverage covering the program / project. This policy shall indemnify Subrecipient, its
officers, employees and agents while acting within the scope of their duties, against any
and all claims arising out or in connection with the program, and shall provide coverage
in not less than the following amount: combined single limit bodily injury and property
damage, including products/completed operations liability and blanket contractual
liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided
under a form which includes a designated general aggregate limit, the aggregate limit
must be no less than One Million Dollars ($1,000,000) for the program / project. This
policy shall name City, its officers, elected or appointed officials, employees, agents, and
volunteers as Additional Insureds, and shall specifically provide that any other insurance
coverage which may be applicable to the program / project shall be deemed excess
coverage and that Subrecipient's insurance shall be primary.
Under no circumstances shall said above-mentioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required
coverage.
Workers Compensation and-Employers' Liability. Pursuant to California Labor Code
Section 1861, Subrecipient acknowledges awareness of Section 3700 et seq. of this Code,
which requires every employer to be insured against liability for workers' compensation;
Subrecipient covenants that it will comply with such provisions prior to commencing
performance of the work hereunder.
Subrecipient shall maintain workers' compensation and employer's liability insurance in
an amount of not less than the State statutory limits.
Subrecipient shall require all subcontractors to provide such workers' compensation and
employer's liability insurance for all of the subcontractors' employees. Subrecipient shall
furnish to City a certificate of waiver of subrogation under the terms of the workers'
compensation and employer's liability insurance and Subrecipient shall similarly require
all subcontractors to waive subrogation.
Certificate of Insurance. Prior to commencing performance of the work hereunder,
Subrecipient shall furnish to City certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement;
the certificates shall:
1. provide the name and policy number of each carrier and policy;
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2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified
without thirty (30) days' prior written notice of City.
Subrecipient shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of City by Subrecipient under the Agreement. City or
its representative shall at all times have the right to demand the original or a copy of all
the policies of insurance. Subrecipient shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
Subrecipient shall provide a separate copy of the additional insured endorsement to each
of Subrecipient's insurance policies, naming City, its officers, elected and appointed
officials, employees, agents and volunteers as Additional Insureds, to the City Attorney
for approval prior to any payment hereunder.
33) Hold Harmless and Indemnity Agreement
Subrecipient hereby agrees to protect, defend, indemnify and hold harmless City, its
officers, elected or appointed officials, employees, agents, and volunteers from and
against any and all, claims, damages, losses, expenses, judgments, demands defense
costs, and consequential damage or liability of any kind or nature, however caused,
including those resulting from death or injury to Subrecipient's employees and damage to
Subrecipient's property, arising directly or indirectly out of the obligations or operations
herein undertaken by Subrecipient, caused in whole or in part by any negligent act or
omission of the Subrecipient, any subcontractors, anyone directly or indirectly employed
by any of their or anyone for whose acts any of them may be liable, including but not
limited to concurrent active or passive negligence, except where caused by the active
negligence, sole negligence, or willful misconduct of the City. Subrecipient will conduct
all defense at its sole cost and expense and City shall approve selection of Subrecipient's
counsel. City shall be reimbursed for all costs and attorney's fees incurred by City in
enforcing this obligation. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Subrecipient.
34) Severability
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
35) Assignment of Agreement
The Subrecipient shall not assign this Agreement or any ironies due thereunder without
the prior written consent of the City.
36) Successors and Assigns
Subject to the provisions of the Subrecipient Agreement Paragraph 16, "Hold Harmless
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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.
37) Section Headings and Subheadings
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
38) Waiver
The City's failure to act with respect to a breach by the Subrecipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the City to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
39) Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Subrecipient warrants and
represents that he/she has the authority to execute this Agreement on behalf of the
Subrecipient and has the authority to bind Subrecipient to the performance of its
obligations hereunder.
40) Entire Agreement
This agreement constitutes the entire agreement between the City and the Subrecipient
for the use of funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written
between the City and the Subrecipient with respect to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by and through their authorized officers on July 1 , 2020.
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FAIR HOUSING FOUNDA ON CITY OF HUNTINGTON BEACH, a
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By:
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ATTACHMENT 1
PROJECT DESCRIPTION AND SCOPE OF SERVICES
(AS FOUND IN 2020/21 FUNDING APPLICATION)
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CITY OF HUNTINGTON BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT 2020/2021
APPLICATION FOR NON-CONSTRUCTION/PUBLIC SERVICES
r
***Applications must be received by Friday,January 10, 2020 at 4:00 PM***
Please submit one original and 14 copies of the application package, including all attachments. Please
review 2020/21 Application Handbook for submission instructions.
CITY OF HUNTINGTON BEACH QUESTIONS: (714)375-5186
ATTENTION: ROBERT RAMIREZ, E.Q. PROJECT MANAGER ROBERT.RAM I REZ9SU RFCITY-HB.ORG
Community Development/Business Development
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
Please be sure to read and answer all questions fully. Keep answers informative, yet concise. Only
original,signed applications received by the deadline will be accepted. Postmarks will not be accepted in
lieu of timely submittal. The City of Huntington Beach reserves the right to reject any or all proposals.
APPLICATION CERTIFICATION--to be signed by a person with the authority to enter into an
agreement or MOU; for example,a City Department Head, CEO, or Executive Director of a Non-
Profit Agency.
Organization: Fair Housing Foundation
I certify that the application for Community Development Block Grant funds for 2020-2021 is true and
correct. I understand additional documentation will be required if award is granted. If awarded
CDBG funding, I understand that my organization will enter into a subgrantee agreement (or MOU if
awarded to a City Department) and will be able to comply with HUD regulations and the City's
insurance requirements, as shown in the sample subgrantee agreement, by June 1,
2020. Without entering into an agreement and having approved insurance certificates by the City
Attorney, my organization will be required to forfeit CDBG funding.
Name: Stella Verdeia Title: Executive Director
Signature: Date:
I V E D
JAN 0 7 2020
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Staff Use Only:
CITY OF HUNTINGTON BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT 2020/2021
HUD Matrix Code: APPLICATION FOR NON-CONSTRUCTION/PUBLIC SERVICES
National Objective:
Requested Amount:
APPLICANT INFORMATION
Organization Name: Fair Housing Foundation Contact:Stella Verdeia
Organization Address: 3605 Long Beach Blvd.Ste. 302, Long Beach, CA 90807 (main office) and
2300 E. Katella Ave.Ste.405 Anaheim CA 92806
Federal Tax ID Number: 95-6122678 Contact Phone: 562-989-1206 ext. 1100
Contact Email: sverdeia@fhfca.org
Nonprofit applicants must attach a form of confirmation of 501C status. If awarded funds, Articles
of Incorporation and listing of Board of Directors will be required.
Applicants other than City Departments: Please provide the mission statement and purpose of
your organization:
The Fair Housing Foundation (FHF) is a non-profit organization dedicated to eliminating discrimination in
housing and promoting equal access to housing choices for everyone.
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Provides a comprehensive and viable Fair Housing Program that meets the U.S. Department of Housing
and Urban Development(HUD) requirement that CDBG recipients must Affirmatively Further Fair
Housing and the National Objective to benefit low and very low-income persons.
PROPOSAL SUMMARY
CDBG Grant Request Amount: $30,000 New Project: Yes X No
Project Name: Fair Housing Program
Continuation of Existing Project/Program? X Yes No
Please describe the project you propose to implement with City of Huntington Beach CDBG funds
and how the project will benefit the citizens of Huntington Beach:
Fair Housing Program:
1. Fair Housing Discrimination Complaint Intake, Investigations,and Resolution: FHF
counsels' allegations of housing discrimination, intakes cases of bonafide allegations, and
conducts investigations to uncover whether there is evidence of discrimination. When there is
evidence of discrimination that substantiate the allegations,cases are resolved through
conciliation, our first choice, an administrative agency referral to the federal Department of
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Housing and Urban Development (HUD)or the state Department of Fair Employment and
Housing (DFEH) or an outside attorney referral.
2. Education and Outreach Activities: FHF educates tenants, landlords, property owners,
realtors,and property management companies regarding fair housing laws and rights and
responsibilities. FHF conducts all education and outreach activities with the City limits;we bring
our services to you.These activities include the staffing of booths,conducting tenant and
landlord workshops, providing certificate management trainings, realtor trainings and assisting
with City services such as training staff and staffing walk-in clinics.
3. Tenant and Landlord Counseling, Mediations, and Assistance: FHF counsels and
provides practical and accurate information and guidance to tenants and housing providers
based on their rights and responsibilities. Additionally, FHF provides mediations, assists tenants
with answering unlawful detainers,and provides effective referrals for unresolved complaints.
4. Affirmatively Further Fair Housing Activities: FHF collaborates with the City in reporting
their efforts to Affirmatively Further Fair Housing(AFFH)through, planning and implementing
activities, programs, and conducting audits to address the Analysis of Impediments to Fair
Housing Choice.
FHF will not limit the number of clients served although the goal is to provide a minimum of 242
unduplicated households with direct services and another 800 individuals assisted through the
i outreach activities.Addressing the Consolidated Plan and the National Objective of low and
very low-income clients, FHF's data reflects 91%of households provided direct client services
thus far for the City of Huntington Beach for 2018-19 are of extremely low,very low and low-
income households.
FHF's Fair Housing Program meets the U.S. Department of Housing and Urban Development
(HUD) requirement that CDBG recipients must Affirmatively Further Fair Housing. The following
outlines this requirement:
• Title VIII of the Civil Rights Act of 1968
• Section 808(e)(5)of the Fair Housing Act
• Section 104(b)(2) of the Housing and Community Development Act of 1974, as amended
• Section 105(b)(3) of the National Affordable Housing Action of 1990
As reported in a HUD 2009 monitoring report, FHF is a bonafide Fair Housing Organization
qualified to meet the fair housing need to Affirmatively Further Fair Housing.
FHF's Fair Housing Program meets the National Objective to benefit low and moderate-income
persons, area wide,throughout the entire city limits. The program specifically provides for the
provision of public and community services for very low and low-income persons and persons
with special needs. Historically, FHF provides direct client services to 83% low and very low-
income persons. The program provides services that benefit families and individuals by
addressing general housing and fair housing issues in their living environment.
Therefore,the Fair Housing Program benefits all those residing, seeking, and providing housing
in the City of Huntington Beach.
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From the City's 2015-2019 Consolidated Plan, please specify and explain which priorities and goals are
advanced by the program proposed for funding, Please also specify the page number(s) of the
Consolidated Plan you reference. You may attach a supplementary page if more space is needed, but
please be concise. Priority Needs begin on page 95 of the Plan, in Section SP-25. Goals begin on page
110, in Section SP-45. A link to the plan can be found in the Application Handbook or directly at
http://www.huntingtonbeachca.gov/files/users/economic development/HB-2015-
2019Conso lid atedPlanAd min.Amendment1.6.30.16.pdf. PLEASE NOTE: The City is currently updating
its 5-year Consolidated Plan, so the City's Priority Needs for 2020-2024 have not been determined
and will not be finalized until March 2020. Please review slides 42 —51 for current survey results for
2020-2024 Priority needs at: https://www.huntingtonbeachca.goy/files/users/business/202G-2024-
Consolidate-Plan-Community-Meeting.pdf.
FHF identified the following in the 2015 - 2019 Consolidated Plan :
Priority Needs — # 8 , Other Community Development Needs , page 96
Goals - #9, Planning for Housing and Community Development, page 111
Fair Housing Services are included in CDBG administration. FHF provides programs
and services that meet multiple priority needs as well as gaats, as these programs and services are
primarily used by extremely low and low-income households,families with children,and well as seniors,the disabled,and veterans.
PROPOSAL DESCRIPTION
HUD requires that the number of persons in a household, household income, ethnicity, and
female head of household information is verified, For some programs age and address is also
required.
Attach a copy of your client data form. If not applicable,check here:
a) Will this activity serve on a City-wide basis? X Yes No
If not,then describe the neighborhood and/or service area where your program will be implemented
and attach a map where this activity will be conducted.
N/A
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b) If your project will serve persons who are in a "presumed benefit" category(not subjected to
income verification),check here
Presumed benefit:
Activities that exclusively serve a group of persons in any one or a combination of the following
HUD-approved categories may be presumed to benefit 51%of the residents who are low to
moderate income. Since these groups are presumed to be low and moderate income, individual
income verification is not required, although other client statistics will be required. HUD
presumed benefit categories include:
Elderly persons 62 years and older Battered spouses
Homeless persons Abused children
Migrant farm workers Severely disabled adults
Persons living with HiV/AiDS Illiterate persons(includes non-English speakers)
c) For this particular project, complete the following table for the income categories of
unduplicated numbers of persons or households for the years indicated:
Check One: Persons X Households
2017/18 2018/19 1 2019/20 2020/21
Actual Actual I Estimated Projected
Extremely Low Income 30%AMI 75 86 186 90
Very Low 50%AM 1 55 73 75 79
Low 80%AMI 45 52 i54 54
81%and above 18 27 127 27
Total all 193 238 1242 242
Percent Low 92% 87% 88% 92%
Percent FIB 100% 100% 1100% 100%
d) Describe your organizational capacity to implement the program/project, including financial
capability, staff experience,credentials, and facilities.
The Fair Housing Foundation (FHF) is a non-profit organization, incorporated in 1964, dedicated
to eliminating discrimination in housing and promoting equal access to housing choices for
everyone.
FHF has the experience and qualifications needed to provide this Fair Housing Program,
Currently FHF provides this program to the 25 following cities in Los Angeles and Orange
Counties: Aliso Viejo,Anaheim, Bellflower, Buena Park, Compton, Costa Mesa, Downey,
Fullerton, Garden Grove, Gardena, Huntington Beach, Huntington Park, Irvine, La Habra, Long
Beach, Lynwood, Mission Viejo, Newport Beach, Norwalk, Orange, Paramount, San Clemente,
South Gate,Tustin, and Westminster.
Since 1964, FHF has received CDBG funds from cities in Los Angeles and Orange Counties for
providing our Fair Housing Program. In addition, FHF has been award funding through the Fair
Housing Initiates Programs. Since 2011, FHF is a primary grantee for" multiple confidential
Marketing Research Grants from the Urban Institute, located in DC. FHF meets or exceeds the
obligations set forth in every award.
The staff consists of the Executive Director, a Program Manager, a Community Engagement
Liaison, an Outreach Coordinator, a Case Analyst, Outreach Assistant, and Housing Counselor.
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Four(4)staff are bilingual in Spanish and one(1) in Vietnamese,and one(1) in American Sign
Language(ASL). A contract with Certified Languages international provides real time
interpreting in 230+additional languages. Additionally, we have increased our services for the
deaf of hard of hearing and now have a CapTel Telephone and experience in using all other types
of telecommunication devises_With the average of 14 years of service with FHF,this provides
FHF the stability for continued growth both professionally and programmatically. This is
extremely necessary to continue to focus on meeting the ever-changing needs of the
community. The distinct departments of Fair Housing, Counseling, Education and outreach, and
Administration provides for an environment of building expertise within each department.
FHF brings decades of experience to the process of recording and reporting and are committed
to providing only high quality, prompt, and courteous service to all.
As a contractor with 25 cities, FHF receives multiple annual reviews and monitoring's. For the
past 25-years, FHF has not received a finding in any city monitoring. As a 501(c) (3)corporation,
FHF accepts, uses, and complies with the accounting practices set forth by federal regulations at
24 CFR part 85 and OMB Circular A-87, A-110,A-122 and A-128. FHF complies with the Single
Audit Act and OMB Circular A-133 audit requirements and receives an outside independent
financial audit yearly.The 2014/2015 audit report,for the 20th year running, cites no conditions,
no findings, and no instances of noncompliance.The auditing firm of Maginis, Knechtel, and
McIntyre, LLP uses FHF an example of fiscal compliance in the non-profit atmosphere.
As for Fair Housing Program service provider for the City of Huntington Beach, FHF has met, but
in most cases exceeded all annual accomplishments. Our ongoing relationship with City staff as
well as Community Based Organizations continue to excel.
As a HUD approved Housing Counseling Agency, FHF provides Housing Counseling as an Affiliate
Organization with the Housing Opportunities Collaborative.
In addition to our Fair Housing Program, FHF is one(1)of only four(4) premier organizations
that provides in-depth testing for multiple and ongoing national research projects for the Urban
Institute in partnership with the U.S. Department of Housing and Urban Development.
e) Is this project a collaborative effort? Yes X No If yes, please describe below.
N/A
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f) Please describe in detail how you establish your client's eligibility for service.
All services provided within the Fair Housing Program are available to all residents, home-seekers, and
housing provides in the City of Huntington Beach.
However, FHF does receive and verify income as required. For Landlord/Tenant direct client services,this
information is required and maintained in our database, including household size,income amount,and
income level. For every bonafide fair housing case opened, a narrative of the income information
provided by the client is included in the Complaint Narrative. The Complaint Narrative is a declaration of
the alleged discrimination as well as the income information provided. The client is required to review
and sign the Complaint Narrative as complete and accurate. If required, FHF will request and provide
supporting documents.
g) Please identify anticipated qualitative outcomes to be achieved through the program and what
methods will be used specifically to measure and evaluate such outcomes.
Scope of Work:
FHF proposes to meet or exceed the following performance Objectives and Goals. FHF conducts all
Education and Outreach activities within the City limits unless otherwise noted.
PROGRAM OBJECTIVES GOALS
Unduplicated Clients 242
Discrimination Services
Fair Housing Inquiries i 15
Bonafide Fair Housing Cases 7
Landlord'and Tenant.Services
Landlord and Tenant Counseling 220
Education&Outreach Services'-4n City Limits
Persons Directly Assisted at Activities 800
Advertising:
PSA's Announcing Activities on City Cable 8
Flyers Announcing Activities(100 each) 8
Booths 2
Community Relations:
Community Agency Contacts 10
Community Agency Meetings 8
Literature Distribution 6,000
Presentations 7
Workshops:
Fair Housing Workshops 4
City Staff 1
Walk in Clinics 4
Education&Outreach Services:—All City
Public Service Announcement 25
Paid Advertisements 6
Newsletter 4
Poster Contest and Reception 1
Tester Training 4
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Outcomes and Objectives
FHF successfully implements multiple components to achieve our goals,objectives,and outcomes.
Since all clients receiving our direct client services of Discrimination and Landlord and Tenant Counseling,
contact FHF for assistance, it is imperative that we continuously reach out to the community at large.
Therefore, FHF's Education and Outreach program must be successful.
To ensure the highest level of participating at each activity conducted, FHF has a checklist of marketing
strategies and requirements to accomplish for each activity.This includes developing a flyer,marketing the
flyer to City staff;community-based organizations, and our ever-growing database of tenants, landlords,
and property owners in the City. Additionally, FHF adds this information to our website and provides a
public service announcement to the City's public cable channel and local newsprint media for publication.
Lastly, FHF provides the City with regularly updated flyers of scheduled activities for distribution. The
i outreach staff takes all necessary steps to ensure that all parties involved and/or interested, obtain this
information.
To achieve this level of participation takes an enormous amount of organization, planning,scheduling,and
tracking,all which FHF excels in.
i FHF believes that building working relationships and collaborations with individuals and groups throughout
our service areas provides untapped avenues to reach the targeted population in the city.
FHF's Fair Housing Program continues to evolve. It is our priority to always be proactive and update our
services and program delivery to meet the ever-changing community and City needs. To achieve this goal,
FHF utilizes four(4)components to ensure outcomes and objectives are specific,measurable,and therefore
meet the needs of the City and community at large.
The first is an extensive Fair Housing Case Management database developed in 1997. This database
captures everything pertaining to a client including dates, addresses,contact information, household size,
source of income, amount of income, gender, race, and female head of household. With every client
entered and maintained in this database, FHF can generate reports specific to each city enabling accurate
and complete reporting to HUD. The reports generated by this application are both in statistical and
narrative formats.The database also provides the internal reports used at our monthly achievements and
requirements staff meetings to ensure contract compliance and achievement of outcomes.At present,the
Executive Director and a co-author are in the testing phase of an even more advanced and capable web-
based database application.
The second is the Education and Outreach database also developed by the Executive in 1994. It captures
the date, time, staff, list of attendees, address, a narrative of every education and outreach activity
conducted, the number of persons in attendance, and the pieces of literature distributed. The reports
generated are in the narrative format and provided to the City.The database also provides internal reports
that are used at our monthly achievements and requirements staff meeting to ensure contract compliance,
i achievement of outcomes,as well the as reports on future scheduled activities.
The third is our newest endeavor. in 2010, FHF developed a Program Outcome Based Analysis Reporting
Tool (POBART). POBART is a tool put into place to assist FHF to track and monitor activities, inputs, and
outputs. FHF utilizes the POBART for each department annually to review the effectiveness of each type of
education and outreach activity. The result may include revising the activity to increase attendance or
effectiveness or even revamping the entire activity to meet a new need currently unmet.
The fourth is our relationship and communication with City staff. The open communication between City
staff and consultants with FHF staff in general but primarily directly with the Executive Director ensures
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the success of FHF's Fair Housing Program for the City.It is only with this level of communication that FHF
is abreast of the needs and expectations of the City. Because FHF brings our services to the City,we are in
the exceptional position of not just working for the City but working with the City.
FHF utilizes all four(4)components continuously to adapt, improve,and increase the effectiveness of our
entire Fair Housing Program.
h) For continuing programs of all kinds (regardless of previous CDBG funding from the City of
Huntington Beach), if there is a difference between 2019/2020 estimated service levels and the
projected service levels for 2020/2021, briefly explain the reason for the projected difference,
and explain the data used to make these projections.
The 2018/2019 goals were estimates based on the 2017/2019 actuals and the perception that due to the
Walk-in Clinics conducted at Oak View,the number of clients would increase.Currently we are seeing an
increase in the clients.
Lastly, although the service levels have remained constant for education and outreach activities, FHF's
funding from the City has not changed in 5-years. Therefore, with the same funding level,the service level
has been adjusted accordingly taking into account the cost of living expenses incurred.
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BUDGET
Enter the amounts for each line item requested to be funded through the grant related to the
program for which 2020/2021 CDBG funding is requested. The budget will become an exhibit to the
subrecipient agreement or MOU. If the grant award is less than requested, a revised budget will be
required. Add additional pages if needed to fully present your budget. Personnel costs include
salaries and benefits. Under Operational Costs, identify each line item and the amounts to be funded
through the grant and then enter a subtotal for total Operational Costs. Purchasing of equipment and
supplies must be related directly to the delivery of services. Indicate the percentage of CDBG funds
that are relevant to the total Huntington Beach activity.
Specific Project Proposal—Budget Detail 2020/2021
Number of CDBG-
CDBG Total Program i funded staff.
Personnel 21,275 21,275 7
Executive Director 3,449 3,409
Program Manager 4,070 4,070
Community Engagement Liaison 3,520 3,520
Outreach Coordinator 3,093 3,093
Case Analyst 2,814 2,814 ;
Outreach Assistant 12,522 2,522
Housing Counselor 1,559 1,559 ;
CDBG Testers �`��---------�--1288 288
Cperating Costs:. -
1.Space 3,395 4,781 Notes.
2. Communications 529 721
3.Travel 449 622
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4. Consultants 1,497 1,929
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S. Insurance 476 663
6.Supplies 2,379 3,009
Operating Costs Subtotal 8,725 11,725
PROGRAM TOTAL 30,000 33,000 l
Percentage of CDBG 100% 90%
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Please complete the following to identify your funding resources for the program for which you are
requesting 2020/2021 CDBG funding.
2017/2018 2018/2019 2019/2020 2020/2021
Actual Actual Estimated Projected
CDBG Huntington Beach 30,000 30,000 30,000 30,000
CDBG —Other Cities 0 0 0
Other Government Grants 3,000 3,000 3,000 3,000
Fund Raising 0 0 0
City 0 0 0
Fees 0 0 0
Private Grants 0 0 0
TOTAL: 33,000 33,000 133,000 33,000
Due to limited funding for public services,grant awards are often for less than the requested amounts.
Please describe the specific adjustments that will be made to your program in the event this should
occur.
Without funding, FHF's Fair Housing Program will not continue for the City of Huntington Beach.
Nonprofit/Non-City applicants only:
Please provide a link to a location where your organization's most recent IRS Form 990 can be
found: https://www.guidestar.or FinDocuments/2017/956/122/2017-956122679-OflOc413-9.pdf
Please indicate the total annual organizational budget for your current fiscal year(all programs):
$ 614,233
Please provide the total salary of the organization's highest compensated executive:
$ 73 S42
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