CONTACT PERSON: Cecilia Rosales PHONE: 213-922-9661 CONTRACT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, COUNCIL/PUBLIC SERVICES DIVISION ROOM 395, CITY HALL DATE: October 2,2012 FROM (DEPARTMENT): Los Angeles Housing Department CONTRACT NO.: (' - / :( 1/13 COUNCIL FILE NO.: 11-2120,11-1593 m NEW CONTRACT D AMENDMENT NO. D ADDENDUM NO. - APPROVED BY BPW: D SUPPLEMENTAL NO. DATE D CHANGE ORDER NO. CONTRACTOR NAME: Housing Authority of the County of Los Angeles ADOPTED BY COUNCIL: _1_118_11_2,_317_11_2 _ DATE TERM OF CONTRACT: October 1, 2011 THROUGH: March 31, 2013 TOTAL AMOUNT: $457,000 ----------------------------------------- PURPOSE OF CONTRACT: A new contract for the Housing Authority of the County of Los Angeles began on October 1, 2011 through March 31,2013. The funding will be $457,000 to serve 34 unduplicated clients in the Tenant Based Rental Assistance program. NOTE: CONTRACTS ARE PUBLIC RECORDS - SCANNED AND UPLOADED TO THE INTERNET
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CONTACT PERSON: Cecilia Rosales PHONE: 213-922-9661
CONTRACT SUMMARY SHEET
TO: THE OFFICE OF THE CITY CLERK,COUNCIL/PUBLIC SERVICES DIVISIONROOM 395, CITY HALL
DATE: October 2,2012
FROM (DEPARTMENT): Los Angeles Housing Department
CONTRACT NO.: (' - / :( 1/13 COUNCIL FILE NO.: 11-2120,11-1593
m NEW CONTRACTD AMENDMENT NO.DADDENDUM NO. -
APPROVED BY BPW: D SUPPLEMENTAL NO.DATE D CHANGE ORDER NO.
CONTRACTOR NAME: Housing Authority of the County of Los Angeles
ADOPTED BY COUNCIL: _1_118_11_2,_317_11_2 _
DATE
TERM OF CONTRACT: October 1, 2011 THROUGH: March 31, 2013
TOTAL AMOUNT: $457,000-----------------------------------------
PURPOSE OF CONTRACT:
A new contract for the Housing Authority of the County of Los Angeles began on October 1,2011 through March 31,2013. The funding will be $457,000 to serve 34 unduplicated clients inthe Tenant Based Rental Assistance program.
NOTE: CONTRACTS ARE PUBLIC RECORDS - SCANNED AND UPLOADED TO THE INTERNET
SERVICE AGREEMENT
CITY OF LOS ANGELES
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM
City of Los Angeles Council File Number: CF 11-2120, CF 11-1i593
Ag reement No ._{=_----<!o....;:d~.I+/-=~'--l_::::;::~"""'.2-
Contractor: HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES
Program Title: TENANT BASED RENTAL ASSISTANCE
Housing Authority of the County of Los Angeles
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§409. CLAIMS FOR LABOR AND MATERIALS 24
§410. LOS ANGELES CITY BUSINESS TAX REGISTRATION CERTIFICATE 24
§411. BONDS 24
§412. INDEMNIFiCATION 24
§413.INSURANCE 24
§414. CONFLICT OF INTEREST 26
§415. COMPLIANCE WITH STATE AND FEDERAL STATUTES AND REGULATIONS ..29
§416. FEDERAL, STATE AND LOCAL TAXES 37
§417. INVENTIONS, PATENTS AND COPYRIGHTS 37
§418. LIVING WAGE ORDINANCE AND SERVICE CONTRACTOR WORKERRETENTION ORDINANCE. .44
§419. EARNED INCOME TAX CREDIT.. .45
§420. EQUAL BENEFITS ORDINANCE .45
§421. CONTRACTOR RESPONSIBILITY ORDINANCE .46
§422. SLAVERY DISCLOSURE ORDINANCE .47
§423. RESTRICTION ON DiSCLOSURES 47
§424. CHILD SUPPORT ASSIGNMENT ORDERS 47
§425. COMPLIANCE WITH LOS ANGELES CITY CHARTER SECTION 470{C)(12) .48
§426. FIRST SOURCE HIRING ORDINANCE .48
§427. SECURITY CLEARANCE AND TUBERCULOSIS TEST OF STAFF ANDVOLUNTEERS 49
5. GRANT REQUIRMENTS "" 50
§501. REPORTING REQUiREMENTS 50
§502. MAINTENANCE OF RECORDS 51
§503. EQUIPMENT RECORDS, IF APPLICABLE 51
§504. PURCHASE OR LEASE OF EQUIPMENT, IF APPLICABLE 52
§SOS.ACCOUNTING PRACTiCES 54
§50B. DOCUMENTATION OF EXPENDITURES 54
§507. AUDITS AND INSPECTIONS 55
§50S. CONFIDENTIALITY OF INFORMAT!ON 57
§509. RESTRICTION ON DiSCLOSURES 58
§510. HEADING AND CAPTIONS 59
§511. PRESS RELEASES - PUBLIC INFORMAT!ON 59
§512. TECHNICAL ASSiSTANCE 59
§513. EFFECT OF LEGAL JUDGMENT......................................................... 59
§514. PROHIBITION OF LEGAL PROCEEDINGS 59
§515. FAITH-BASED ACTIViTIES 59
Exhibit A
Exhibit B
Exhibit C
Exhibit 0
Exhibit E
Exhibit F
Exhibit G1Exhibit G2Exhibit G3Exhibit G4
Exhibit H
Exhibit 11Exhibit 12
Exhibit J
Exhibit K
Exhibit L
Exhibit M
EXHIBITS----
Indemnification and Insurance Requirements
Certification Regarding Debarment, Suspension, Ineligibility and VoluntaryExclusion Lower Tier Covered Transactions
Certification Regarding Lobbying
Management Representation Statement
Notice of Prohibition Against Retaliation
Housing Specialist Services
Cash RequestExpenditure ReportHOPWA-Funded Personnel7% Administration Cost Sheet
Intake Form, Assessment and Housing Plan Forms (IncomeEligibility Calculation Worksheet, Zero Income Affidavit andRelease of Case Management Form)
HOPWA Inventory Policy and Equipment and FurnishingsSample Inventory Record
Beneficiary Information
Sample HOPWA Tenant Based Rental Assistance Tracking Sheet
Board Authorization
HOPWA Budget
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WHEREAS, the City and the Contractor are desirous of executing this Agreement asauthorized by the City Council and the Mayor (refer to Council File Number _11:2120 datedJanuary 18, 2012 with Mayoral concurrence January 25, 20m which authorizes the Genera!Manager of the Los Angeles Housing Department to prepare and execute the Agreement.
NOW, THEREFORE, the City and the Contractor agree as follows:
1, INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
The City of Los Angeles, a municipal corporation, having its principal office at200 North Main Street, Los Angeles, California 90012.
The Contractor, known as HOUSING AUTHORITY OF THE COUNTY OF LOSANGELES having its principal office at 12131 Telegraph Rd., Santa Fe Springs,CA 90670.
§102. Representatives of the Parties and Service of Notices
The representatives of the respective parties who are authorized to administerthis Agreement and to whom formal notices, demands and communications shallbe given are as follows:
1. The representative of the City shall be, unless otherwise stated in theAgreement:
Mercedes Marquez, Interim General ManagerLos Angeles Housing Department1200 West 7th Street, Ninth FloorLos Angeles, CA 90017
With copies to:
Suzette Flynn, DirectorHousing ServicesLos Angeles Housing Department1200 West 7th Street, Ninth FloorLos Angeles, CA 90017
2. The representative of the Contractor shall be:
Sean Rogan, Executive Director12131 Telegraph Rd.Santa Fe Springs, CA 90670(562) 347-4663Sean. rogan@!acdc.org
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4. A Management Representation Statement fully executed inaccordance with City's fiscal policies and attached hereto as Exhibit Dand made a part of hereof.
5. A Certification of Compliance with the Living Wage Ordinance ServiceContractor Worker Retention and Living Wage Policy in accordancewith §418. A Notice of Prohibition Against Retaliation attached heretoas Exhibit E and made a part hereof. Contractor shall comply with therequirements of the Notice of Prohibition Against Retaliation as itrelated to the Living Wage Ordinance. Contractor shall post, at theProgram site, said notice, which shall incorporate the language setforth in Exhibit E in its entirely.
6. A Certification of Compliance With Equal BenefitsOrdinance/Reasonable Measures Application for Equal BenefitsOrdinance in accordance with §420 of this Agreement and the SlaveryDisclosure Ordinance in accordance with §422.
7. Conflict of Interest Policy consistent with U.S. Department of Housingand Urban Development Requirements.
8. Contractor's Articles of Incorporation and all amendments thereto, asfiled with the Secretary of State.
9. Contractor's By-Laws, and all amendments, thereto, as adopted bythe Contractor and properly attested.
10. Resolutions of Executorial Authority or other corporate action of theContractor's Board of Directors, properly attested or certified, whichspecify the name(s) of the person(s) authorized to obligate theContractor and execute contractual documents. Contractor shall alsosubmit a copy of a signature specimen(s) on a form provided by City.
11. Affidavit regarding MBEfWBE, if applicable.
12. A current and valid license to do business in the City of Los Angeles.
13. An Internal Revenue Service Taxpayer Identification Number.
14. Budget to be approved by LAHD.
B. Contractor shall submit a Code of Conduct to the City for approval and thatit must meet the requirements of §414 Conflict of Interest of the Agreement.
§105. Contractor's Duty to Notify City of Changes
Contractor agrees to provide the City sixty (60) days advance written notice ofany facts that may materially affect the performance of this Agreement or impactthe City's decision to continue this Agreement with the Contractor. Among theitems to be disclosed are: an amendment to its Articles of Incorporation or By-Laws; move to dissolve or transfer any assets derived from funds provided under
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until the Contractor has obtained the City's approval of the insurance required in§413 herein.
§202. Performance Standards
A. Tenant Based Rental Assistance
1. Client information reporting by the Contractor shall be provided inaccordance with City and Federal requirements.
2. Performance outcomes shall be used by the City to assess theContractor's proposed and actual performance. Non-performancemay result in sanctions as set forth in this Agreement.
3. Client Service Level
Number of unduplicated clients to be served: 34
§203. Services to be provided by the Contractor
A. General Statement of Services to be provided by the Contractor
1. Purpose - The Program Services is a general description of theservices made available by the Contractor together with thecollaborating agencies. Should the Contractor determine a need tosignificantly alter the services described below, approval must berequested in writing. Such approval must be received from the City inwriting prior to any change being implemented and may require acontract amendment. Contractor's program operation shall be inaccordance with contract policies established by the LAHD, City, theFederal government and the State of California. Contractor shallcomply with all City directives, information bulletins, informationnotices and/or other written communications, regarding HOPWAProgram operations in accordance with the provision of the allowableservices/activities to participants.
2. The Contractor shall operate a HOPWA housing subsidy andsupportive service program in accordance with the contract policiesestablished by the LAHD, and as further set forth by the Federalgovernment and the State of Califomia, and as approved by the LosAngeles City Council and Mayor. The Contractor shall also complywith all administrative information bulletins and directives, which areissued by the City and all amendments thereto.
3. The Contractor shall ascertain that participants receiving servicesunder this Agreement are eligible for services, and that their incomedoes not exceed federal income guidelines.
4. The Contractor shall provide all HOPWA supportive services at nocharge to the participant, unless otherwise approved in writing by thelAHD.
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(11) Request payment for subcontractor agencies only afterreceipt of required program and fiscal documentation incompliance with federal regulations and this AgreementThe Contractor shall release payment to subcontractorwithin ten (10) calendar days (excluding weekends andholidays) of release of funds by the City. The Contractorshall not withhold or fail to request funds from the City forany subcontractor agency that has complied with theterms and conditions of this Agreement and theirsubcontractor agreement(s).
C. Administrative/Operational Responsibilities
Program Facility
Program facilities shall be designed to accommodate customeraccess, core services, customer choice and electronic connectivity.All facilities shall be in compliance with the Americans with DisabilitiesAct (ADA) 42 U.S.C. 12101 et seq, Section 504 of the RehabilitationAct, and the federal Fair Housing Act, including a process that allowsthe clients to easily request a reasonable accommodation.
Program facility shall be physically located in Los Angeles County.The Site shall remain as here designated unless the City approvesrelocation to a new site in writing. Contractor shall provide the City atleast sixty (60) days advance written notice of its intent to move orclose the facility.
§204. TENANT BASED RENTAL ASSISTANCE
A. Project Summary
This project will provide Tenant Based Rental Assistance (TBRA) for a maximumof twelve (12) months to low income, homeless, and at-risk of homeless PersonsLiving with HIV/A!DS (PLWH/A) and their families. For the purpose of thisAgreement, the term family means a household composed of two Of more relatedpersons OR non-related individuals residing with the person with HIVIAIDS, ifthose individuals are found to be important to that person's care or well being, asdefined in the federal regulations under subparagraph 7 below. The HOPWATBRA program will operate in a similar manner as the federal Housing ChoiceVoucher (HeV, a.ka. Section 8) program, and after 12 months of HOPWAassistance, clients can be transitioned into the HCV program if they remainqualified.
The Contractor will be responsible for developing and maintaining a Jist ofpotentia! HOPWA clients that is not more than two (2) years old.
At the time of the client's TBRA eligibi!ity interview with the Contractor, theContractor will ensure that the client has the opportunity to meet with a HOPWAHousing Specialist who will help the client identify and move into housing thataccepts a HCV; assist the client with applying for a HOPWA Permanent Housing
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3. Rental Assistance
a. The Contractor shall provide TBRA services for up to twenJ:t:i3ix (26) continuing clients and ~ (8) new and unduplicatedclients for the term of this contract
b. The Contractor will transition the twenty-six (26) continuingclients according to the schedule in Exhibit K.
C. The Contractor shall verify the income and determine theamount of rent to be paid by the client and the amount ofrental assistance to be subsidized by the Contractor eachmonth.
d. The client's portion of the rent shall be based on thirty (30%)percent of the adjusted monthly income of the entirehousehold. The Contractor shall ensure each unit's rent is nogreater than the Fair Market Amount (FMR) specified by HUDfor the geographic area to be served.
e. The HOPWA program will provide TBRA fund for all newclients for 12 months, at which time clients should betransitioned into the Contractor's HCV program within 12months, provided they remain eligible. The Contractor mustreceive written approval from LAHD for TBRA beyond 12months, Approval will be based on the reason for thetransition delay and the timeline to complete the transition.
4. Housing Search Process
Clients shall receive housing search assistance via the Contractor'slist of participating landlords and their available units, the HOPWA-funded Housing Specialist, and the Community Housing Informationand Referral Program (CHIRP/LA) website (www.chirpia.org) andHotline 1-877-724-4775.administered by Pets Are Wonderful Support(PAWS) - Los Angeles.
5. Supportive and Follow-up Services
Supportive and follow-up services wil! provided through the HousingSpecialists discussed in Section B. 2, Client Assessment andServices. For the purposes of this project, the Housing Specialistshall be required to document the housing location and provide follow-up supportive services for up to one (1) year that targets financial,medical, mental health, substance abuse, and other issues that mayprevent clients from maintaining their permanent housing.
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9. Geographic Service Area
The Contractor shall ensure that participants seek available rentalhousing units in geographic areas served by the Contractor, as setforth in the Contractor's administrative policy and procedures.
10. Contractor Files I Participant Documentation
a. The Contractor shall ensure that ail participants have completeand accurate files with all the necessary and appropriateinformation and documentation, including, but not limited to thefollowing: an original H!V/AIDS diagnosis form signed by acertified physician; an accurate Contractor identificationnumber that matches the participant, verification of legalresidency, residency status of all members in the householdapplying for HOPWA rental assistance, original copies ofrental and/or lease agreements, verification and/ordocumentation of household income, and a worksheetcalculating the correct rental amount to be paid by theparticipant and amount paid by the Contractor.
b. The Contractor shall confirm the accuracy, completeness andlocation of each original file reimbursed by the City.
11. Transition to Section 8
a. The Contractor shall commence the process of transitioningparticipants into the Section 8 program eight (8) months fromthe lease date. The Contractor shall remove participants fromthe Project if they refuse to transition or if they fail to meet thetransition requirements of the Section 8 Program, as set forthin the Contractor's Administrative Code.
b. If a participant should die, the surviving members of a familyliving in a unit assisted under the HOPWA Program shall notreceive the opportunity to transition into the Section 8 TBRAProgram. However, the surviving family members shall receivea grace period of six (6) months from the date of theparticipant's death, during which time the assistance shallcontinue. An additional extension of up to six (6) months maybe granted on a case-by-case basis. These requests forextensions must be submitted to the Contractor for theirapproval. The total grace period shall not exceed one (1) yearfrom the date of the participant's death. At the end of thegrace period, HOPWA TBRA shall be terminated for thesurviving family.
12. Annual Review of Participant Status
lf the cllent has not transitioned into the Housing Choice Voucherprogram within 12 months, the Contractor shall conduct a review of
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C. Dedicated Staff
The Contractor will assign dedicated staff persons to carry out the activitiesas specified in the budget of the Project as identified in this Agreement andbe the responsible liaison to the City.
D. Client Satisfaction Survey
The Contractor shall prepare and have the clients complete a clientsatisfaction survey at the completion of the program, which will assist LAHDin assessing the Contractor's program.
§205. Policies and Procedures
A. Written policies and procedures for the program and fiscal management ofthe HOPWA Tenant Based Rental Assistance Program must be submittedto and approved by the LAHD within 30-days of contract execution.Policies and procedures must comply with all HOPWA and programrequirements.
B. The Contractor shall establish written policies and procedures that cover allaspects of their HOPWA programs as designated in the scope of servicesfor the Tenant Based Rental Assistance program, including, but not limitedto: HIV/AIDS diagnosis form requirements; income limits at or below 80% ofthe Area Median Income; required supporting documentation; all otherclient eligibility requirements; program application requirements and reviewprocess; individual program requirements; record keeping and filemaintenance (hard copy and e-flles); outreach; vendor solicitation,requirements, and contracting; referral agency MOUs; client grievance andappeal procedures; eligibility requirements for referral agencies; programassessment.
C. The Contractor shall have written fiscal policies and procedures for internalcontrols, documenting time spent on the program, approval of time cards,and other fiscal requirements under federal regulations.
D. The Contractor shall have written policies and procedures for protecting theprivacy and confidentiality of all clients.
E. The Contractor shall have written policies and procedures on filemanagementfor both hard copy and e-files and records retention.
F. Policies and procedures shall also include:
o client termination procedureso grievance procedures, including an appeal process up to LAHDo conflict of interest policy
G. The Contractor shall have written policies and procedures regarding drugand/or alcohol use by clients, including steps to deal with relapsing clientsto ensure their abilities to remain housed.
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2. Of the total amount granted in subsection A above, Contractor as leadagency of the consortium (if applicable), shall comply with thepayment terms of its subcontracts with collaborating agencies.
3. Funding as set forth by the foregoing subsection A is subject tochange in accordance with the availability of funds provided to tileCity by the Grantor and the City reserves tile right to change theamount of compensation set forth herein accordingly. ThisAgreement may be terminated immediately upon written notice to theContractor of a loss or reduction of federal grant funds.
4. The City assumes no responsibilities to pay for salaries or otherexpenses not specifically enumerated in this Agreement and asdetailed by the City approved Budget for this Agreement. It isunderstood by both parties that the City makes no commitment tofund this project beyond the term of this Agreement.
5. The Contractor shall report to the City all other funding sources thatsupplement or augment activities set forth by this Agreement.
C. Agency's Share (The Match)
The Contractor shall identify on the Expenditure Report any local matchingshare to be contributed in support of the proposed project. The matchingshare may be a "cash" and/or "in-kind" contribution or indirect costs."Volunteer Service" is an in-kind contribution. An hourly rate must beassigned to value the Volunteer Services provided. Contributions made bythe entire collaborative team (if applicable) should be identified. Contractorshall maintain supporting documentation pertaining to matching share forreview and audit purposes.
D. Budget
The Budget is a detailed itemized listing of items for expenditure under theterms of this Agreement which is incorporated herein by this reference.The Budget shall control the expenditures of funds by the Contractor and/orthe amount of funds to be reimbursed to the Contractor. The Budget shallbe adhered to unless modifications are requested in writing, and areapproved in writing by the City as set forth in this Agreement.
E. Contractor shall submit a monthly invoice to City for reimbursements underthe Agreement, in the form provided in Exhibit G, Cash RequesUExpenditure Report by the 20th of each month along with other programreports. Note: All expenses for travel must receive prior approval from theCity, must be documented, and will be paid in accordance with LAHDapproval Contractor policies and procedures. All travel included out ofState travel not included in the Budget shall not be reimbursed without priorwritten authorization from LAHD.
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reduce the compensation set forth in compliance with the provisions of§307, upon written notice to Contractor and as set forth by a writtenamendment
§304. Allowable and Unallowable Costs
A. To be eligible for payment under this Agreement, costs must be made incompliance with Office of Management and Budget (OMB) Circular A~122,and with the principles set forth below:
1. Be necessary and reasonable for the proper and efficient performanceof this Agreement and in accordance with §301 of this Agreement.The City shall have final authority to determine in good faith whetherexpenditure is necessary and reasonable.
2. Conform to the limitations within these general conditions and to anygoverning statutes, regulations and ordinances.
3. Be fully documented and determined to be in accordance withstandard accounting procedures.
4. Not be included as a cost or used to meet cost sharing or matchingrequirements of any other government funding source in either thecurrent or a prior period, except when permitted by the respectivegovernment funding sources.
5. Be net of all applicable credits such as purchase discounts, rebates,sales or other income or refunds.
B. When, in furtherance of this Agreement, the Contractor is grantedcompensation for the use of real property and/or equipment owned by theContractor, such compensation shall be computed as provided by OMSCirculars A-B7 and A-122.
C. The following costs, among others, are specifically unallowable:
1. Bad Debts: Any losses arising from uncorrectable accounts and otherclaims, and related costs.
2. Contingencies: Contributions to a contingency reserve or any similarprovisions for unforeseen events.
3. Contributions and donations.
4. Entertainment Costs of amusements, social activities and incidentalcosts, such as meals, beverages, lodging and gratuities relating toentertainment, or any political or lobbying activity.
5. Fines and Penalties: Costs resulting from violations of, or failure tocomply with Federal, State and local laws and regulations.
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Agreement by City based on previous invoices filed with City, and/or theimposition of sanctions as specified herein. Requests for paymentsubmitted after 45 (forty-five) days shall not be paid by the City.
§306. Validity of Financial Documentation Submissions
Financial reports submitted to the City shall be accurate and correct in allrespects in accordance with Generally Accepted Accounting Principles (GAAP).Should inaccurate reports be submitted to the City, the City may elect to have theContractor secure the services of a licensed accounting firm. Cost of suchaccounting services are to be borne by the Contractor and are not to bereimbursed from the funds authorized by this Agreement unless specificallyagreed to by the Contractor and the City in written amendment.
§307. Receipt, Use and Accountability of Other Than Budgeted Funds
The Contractor agrees that program income funds realized as a result ofactivities which are funded by this Agreement shall be reported in writing andreturned to the City within five (5) working days following the receipt of suchfunds, except that income funds generated on a regular basis shall be reportedas provided in §50 1, Reporting Requirements. The Contractor further agreesthat all such income funds shall: (1) be the property of the City; (2) be usedsolely to offset the operating expenses of the activities funded by this Agreement;(3) not be expended without prior written approval of the City unless otherwiseprovided for by this Agreement; and (4) be subject to all of the provisions of thisAgreement.
§308. Deposit, Utilization and Commingling Funds
A. Funds paid to the Contractor pursuant to this Agreement shall be usedexclusively for the activities set forth by this Agreement
B. Funds paid to the Contractor pursuant to this Agreement shall not becommingled with other funds administered by the Contractor,
§309. Funding Reduction
A. During the performance of this Agreement, the City shall have the authorityto review the Contractor's actual Program expenditures and workperformance. Should the City determine that the Contractor is innoncompliance with any actual obligations, the City shall, at its discretion,take appropriate action as provided by this Agreement.
B. In the event that non-City grant funds are reduced, suspended orterminated by the Grantor, the City reserves the right to reduce, suspend orterminate the funds provided by this Agreement accordingly.
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that they are not caused by the party's willful or negligent acts or omissions andto the extent that they are beyond the patty's reasonable control.
§405. Breach
A. In the event any party fails to perform, in whole or in part, any promise orcovenant in this Agreement, or should any representation made by it beuntrue, any aggrieved party may avail itself of all rights and remedies, atlaw or equity, in the courts of law. These rights and remedies arecumulative of those provided for in this Agreement with respect totermination, if any, except that in no event shall any party recover morethan once, suffer a penalty or forfeiture, or be unjustly compensated.
B. This contract may be terminated immediately for any violation of CityLobbying Ordinances.
C. In the event the City terminates this Agreement as provided in this section,the City may procure, upon such terms and in such manner as the City maydeem appropriate, services similar in scope and level of effort to those soterminated, and Contractor shall be liable to the City for all of its costs anddamages, including, but not limited, any excess costs for such services.
D. If, after notice of termination of this Contract under the provisions of thissection, it is determined for any reason that Contractor was not in defaultunder the provisions of this section, or that the default was excusable underthe terms of this Agreement, the rights and obligations of the parties shallbe the same as if the notice of termination had been issued pursuant to§703 Termination of Agreement.
§406. Prohibition Against Assignment or Delegation
A. The Contractor shall not assign, delegate, sub-contract, transfer, novate, orotherwise alienate this Agreement, nor assign or transfer any right, interestor obligation in this Agreement, including the right to payment, without priorwritten consent of the City.
B. The Contractor shall not enter into any agreement with any other partyunder which such other party shall become the recipient of claims due or tobecome due to the Contractor from the City without prior written consent ofthe City.
§407. Permits
A. The Contractor and its officers, agents, employees and subcontractors shallobtain and maintain all permits and licenses necessary for the Contractor'sperformance hereunder and shall pay any fees required therefore, The Cityis not permitted to waive any fees for services, except as otherwiserequired by law. Among the permits, fees, and licenses that may berequired are conditional use permits, b-permits, building permits,incorporation fees, or State licensing fees of any kind.
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§409. Claims for labor and Materials
The Contractor shall promptly pay when due all amounts payable for labor andmaterials furnished in the performance of this Agreement so as to prevent anylien or other claim under any provision of the law from arising against any Cityproperty (including reports, documents, and other tangible matter produced bythe Contractor hereunder), against the Contractor's rights to paymentshereunder, or against the City, and shall pay all amounts due under theUnemployment Insurance Act with respect to such labor.
§410. los Angeles City Business Tax Registration Certificate
If applicable, Contractor represents that it has obtained and presently holds theBusiness Tax Registration Certificate(s) required by the City's Business TaxOrdinance (Article 1, Chapter 2, Sections 21.00 and following, of the Los AngelesMunicipal Code). For the term covered by this Agreement, the Contractor shallmaintain, or obtain as necessary, all such Certificates required of it under saidOrdinance and shall not allow any such Certificate to be revoked or suspended.
§411. Bonds
All bonds that may be required hereunder shall conform to City requirementsestablished by Charter, ordinance or policy and shall be filed with the Office ofthe City Administrative Officer, Risk Management for its review in accordancewith Los Angeles Administrative Code Sections 11.47 through 11.56.
§412. Indemnification
Except for the active negligence or willful misconduct of City, or any of its boards,officers, agents, employees, assigns, and successors in interest, Contractorundertakes and agrees to defend indemnify, and hold harmless City and any ofits boards, officers, agents, employees, assigns, and successors in interest fromand against all suits and causes of action, claims, losses, demands, andexpenses, including, but not limited to, attorney's fees and cost of litigation,damage or liability of any nature whatsoever, for death or injury to any person,including Contractor's employees and agents, or damage or destruction of anyproperty of either party hereto or of third parties, arising in any manner by reasonof the negligent acts, errors, omissions, or willful misconduct incident to theperformance of this Agreement by the Contractor or its subcontractors of any tier.Rights and remedies available to the City under this provision are cumulative ofthose provided for elsewhere in this Contract and those allowed under the lawsof the United States, the State of California and the City The provisions ofSection 412 shall survive expiration or termination of this Contract.
§413, Insurance
A. Genera! Conditions
1. During the term of this Agreement and without limiting Contractor'sindemnification of the City, Contractor shall provide and maintain at itsown expense a program of insurance having coverage and limits
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C. Failure to Procure Insurance
All required insurance must be submitted and approved by the CityAdministrative Officer/Risk ManagemenVlnsurance and Bonds prior to theinception of any operations or tenancy by Contractor. The requiredcoverages and limits are subject to availability on the open market atreasonable cost as determined by City. Non-availability or non-aftordabilitymust be documented by a letter from Contractor's insurance broker oragent indicating a good faith effort to place the required insurance andshowing as a minimum the names of the insurance carriers and thedeclinations or quotations received from each.
Within the foregoing constraints, Contractor's failure to procure or maintainrequired insurance or a self-insurance program during the entire term of thisAgreement shall constitute a material breach of this Agreement underwhich City may immediately suspend or terminate this Agreement or, at itsdiscretion, procure or renew such insurance to protect City's interests andpay any and all premiums in connection therewith and recover all moniesso paid from Contractor.
D. Workers' Compensation
By signing this Agreement, Contractor hereby certifies that it is aware of theprovisions of Section 3700 et seq., of the Labor Code which require everyemployer to be insured against liability for Workers' Compensation or toundertake self-insurance in accordance with the provisions of that Code,and that it will comply with such provisions at all such times as they mayapply during the performance of the work pursuant to this Agreement.
A Waiver of Subrogation in favor of City will be required when work isperformed on City premises under hazardous conditions.
§414" Conflict of Interest
A. No City-funded Employees as Board Members
The City will not execute any Agreements and/or amendments withContractors where an employee (an individual who is paid or receives anyfinancial benefit from funds from the Agreement with the City), is a memberof the board of directors. The board minutes must reflect this requirement.
B. Code of Conduct
1. The City requires that all Contractors/Sub-Contractors adopt a Codeof Conduct which at minimum reflects the constraints discussed inLAHD Directive 12~0001. No Agreements and/or Amendments will beexecuted without City approval of this Code of Conduct.
2. Further, the City requires compliance with the following conflict ofinterest requirements for all City funded contractors.
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of the stock; employment in a managerial capacity; ormembership on the board of directors or governing body.
C. A subcontract is any agreement entered into by Contractor forthe purchase of goods or services with any funds provided bythis Agreement.
D. Minutes of Board Meetings must reflect disclosure of transactions whereboard members may have had a direct or indirect interest/benefit in theaction.
E. No director, officer, employee (or agent) of the Contractor may be on theboard of directors if they receive any financial benefit provided by any CityAgreement.
F. The Contractor further covenants that no officer, director,employee, oragent shall solicit or accept gratuities, favors, anything of monetary valuefrom any actual or potential subcontractor, supplier, a party to a subagreement, (or persons who are otherwise in a position to benefit from theactions of any officer, employee, or agent).
G. The Contractor shall not subcontract with a former director, officer, oremployee within a one-year period following the termination of therelationship between said person and the Contractor.
H. For further clarification of the meaning of any of the terms used herein, theparties agree that references shall be made to the guidelines, rules, andlaws of the City of Los Angeles, State of California, and Federal regulationsregarding conflict of interest.
I. The Contractor warrants that it has not paid or given and will not payor giveto any third person, any money or other consideration for obtaining thisAgreement.
J. The Contractor covenants that no member, officer or employee ofContractor shall have interest, direct or indirect, in any contract orsubcontract or the proceeds thereof for work to be performed in connectionwith this Program during his/her tenure as such employee, member orofficer or for one (1) year thereafter.
K. The Contractor shall incorporate the foregoing subsections of this sectioninto every agreement into which it enters in connection with this Programand shall substitute the term "subcontractor" for the term "Contractor" and"sub-subcontractor" for "Subcontractor".
L. The Contractor warrants that it has adopted and shall comply with the Codeof Conduct, as approved by the City, that meets the foregoingrequirements.
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c. Americans with Disabilities Act
Contractor hereby certifies that it will comply with the Americanswith Disabilities Act, 42 USC §12101 et seq., and itsimplementing regulations (ADA), the Americans with DisabilitiesAct Amendments Act of 2008 (ADAM), Pub. L. 110-325 and allsubsequent amendments, Section 504 of the Rehabilitation Actof 1973 (Rehab. Act), as amended, 29 USC 794 and 24 CFRParts 8 and 9, the Uniform Federal Accessibility Standards(UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 USC.3601, et seq.; 24 CFR Parts 100, 103, and 104 (FHA) and allimplementing regulations. The Contractor will providereasonable accommodations to allow qualified individuals withdisabilities to have access to and to participate in its programs,services and activities in accordance with the provisions of theADA, the ADAM, the Rehab Act, the UFAS and the FHA and allsubsequent amendments. Contractor will not discriminateagainst persons with disabilities or against persons due to theirrelationship to or association with a person with a disability. Anysubcontract entered into by the Contractor, relating to thisAgreement, to the extent allowed hereunder, shall be subject tothe provisions of this paragraph.
d. Political and Sectarian Activity Prohibited
None of the funds, materials, property, or services provideddirectly or indirectly under this Agreement shall be used for anypartisan political activity, or to further the election or defeat ofany candidate for public office. Neither shall any funds providedunder this Agreement be used for any purpose designed tosupport or defeat any pending legislation or administrativeregulation. None of the funds provided pursuant to thisAgreement shall be used for any sectarian purpose or to supportor benefit any sectarian activity.
If this Agreement provides for more than $100,000 in grant fundsor more than $150,000 in loan funds, Contractor shall submit tothe City a Certification Regarding Lobbying and a DisclosureForm, if required, in accordance with 31 USC 1352. A copy ofthe Certificate is attached hereto as Exhibit C. No funds will bereleased to Contractor until the Certification is filed.
Contractor shall file a Disclosure Form at the end of eachcalendar quarter in which there occurs any event requiringdisclosure or which materially affects the accuracy of any of theinformation contained in any Disclosure Form previously filed byContractor. Contractor shall require that the language of thisCertification be included in the award documents for all sub-awards at all tiers and that all subcontractors shall certify anddisclose accordingly.
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agreements, consultant service contracts and constructionsubagreements.
(1) Contractor shall ensure that the terms of this Agreementwith the City are incorporated into all subcontractoragreements. The Contractor shall submit allsubagreements to the City for review prior to the release ofany funds to the subcontractor. The Contractor shallwithhold funds to any subcontractor agency that fails tocomply with the terms and conditions of this Agreementand their respective subcontractor agreement.
h. Labor
(1) Contractor shall comply with the IntergovernmentalPersonnel Act of 1970 (42 USC §4728-§4763) relating toprescribed requirements for merit systems for programsfunded by one (1) of the 19 statutes or regulationsspecified in Appendix A of OPM's Standards for a MeritSystem Personnel Administration (5 CFR 900, Subpart F).
(2) Contractor shall comply, as applicable, with the provisionsof the Davis-Bacon Act (40 USC §276a to 276a-7), theCopeland Act (40 USC §276c and 18 USC §874), and theContract Work Hours and Safety Standards Act (40 USC§327-§333), regarding labor standards for federallyassisted construction subagreements.
(3) Contractor shall comply with the Federal Fair l.aborStandards Act (29 USC §201) regarding wages and hoursof employment.
(4) None of the funds shall be used to promote or deterunion/labor-orqanlzinq activities. California GovernmentCode §16645 et seq.
(5) Contractor shall comply with the Hatch Act (5 USC §1501-§1508 and §7324-§7328).
(6) Contractor shall comply with provrsions of Article 3,Chapter 1, Part 7, Division 2 of the Labor Code ofCalifornia, the California Child Labor Laws and all otherapplicable statues, ordinances, and regulations relative toemployment, wages, hours of labor and industrial safety.
(7) When Contractor has knowledge that any actual orpotential labor dispute involving participants or otheremployees is delaying or threatens to delay the timelyperformance of this Agreement, the Contractor shallimmediately give notice thereof, including all pertinentinformation, in regard to same to City. No funds in this
(12) Title VII of the Civil Rights Act of 1964, as amended by theEqual Employment Opportunity Act of 1972 (42 USC20008):
(11) P.L 93-348 regarding the protection of human subjectsinvolved in research, development, and related activitiessupported by this award of assistance;
(13) The Americans with Disabilities Act 42 U.S.C. §12101 etseq. and the Americans with Disabilities Amendments Act(ADAAA) Pub.L. i 10-325 and all subsequent amendments:and
(14) The Genetic Information Nondiscrimination Act of 2008P.L. '110-233.
j. Environmental
(1) Contractor shall comply with environmental standardswhich may be prescribed pursuant to the following:
(2) Institution of environmental quality control measures underthe National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
(3) Notification of violating facilities pursuant to EO 11738;
(4) Protection of wetlands pursuant to EO 11990;
(5) Evaluation of flood hazards in floodplains in accordancewith EO 11988;
(6) Assurance of Program consistency with the approvedState management program developed under the CoastalZone Management Act of 1972 (16 USC §1451 et seq.);
(7) Conformity of Federal actions to State (Clean Air)Implementation Plans under §176(c) of the Clean Air Act of1955, as amended (42 USC §7401 et seq.);
(8) Protection of underground sources of drinking water underthe Safe Drinking Water Act of 1974, as amended (P. L. 93-523) and the California Safe Drinking Water and ToxicEnforcement Act of 1986;
(9) Protection of endangered species under the EndangeredSpecies Act of 1973, as amended (P.L. 93-205);
(10) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234); and
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certify that neither Contractor nor its principals are presentlydebarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from participation in thistransaction by any federal department head or agency.Contractor shall require that the language of this Certification beincluded in the award documents for all sub-award at all tiersand that all subcontractors shall certify accordingly.
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m. Drug-Free Workplace
Contractor shall comply with the federa! Drug-Free WorkplaceAct of 1988, 41 USC §701, 28 CFR Part 67; the California Drug-Free Workplace Act of 1990, California Governmental Code§8350-§8357.
n. Animal Welfare
Contractor shall comply with the Laboratory Animal Welfare Actof 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.)
o. Contractor shall assure, pursuant to the ConsolidatedAppropriations Act of 2008 (P.L. 110-161) grant funds must notbe used in contravention of the federal buildings performanceand reporting requirements of Executive Order No. i3123, part 3of title V of the National Energy Conservation Policy Act (42USC 8251 et Seq.) or subtitle A of title I of the Energy Policy Actof 2005 (including the amendments made thereby), nor shallgrant funds be used in contravention of section 303 of theEnergy Policy Act of 1992 (42 USC 13212).
Pro-Children Act of 2001
(1) Contractor must comply with Public Law 107-110, Part C-Environmental Tobacco Smoke, also known as the Pro-Children Act of 2001 (Act). This Act requires that smokingnot be permitted in any portion of any indoor facility ownedor leased or contracted by entity and used routinely orregularly for the provision of health, day care, education, orlibrary services to children under the age of 18, if theservices are funded by Federal programs either directly orthrough State and local governments. Federal programsinclude grants, cooperative agreements, loans or loanguarantees, and contracts. The law does not apply tochildren's services provided in private residences, facilitiesfunded solely by Medicare or Medicaid funds, and portionsof facilities used for inpatient drug and alcohol treatment.
(2) Contractor further agrees that the above language wi!! beincluded in any subagreements that contain provisions forchildren's services and that ali subcontractors shall certifycompliance accordingly.
report the Invention to the Grantor. Contractor further agrees tooblige by all applicable provisions under the Bayh-Dole Act, ascodified in 35 U.S.C.§§ 200-212 and augmented by relevant lawsincluding 37 C.F.R. § 401.
2. Allocation of Patent R[ght§.The rights in the Invention, including rights under any patent issuedthereon, will be determined in accordance with 37 CFR. § 401.
3. City's Rights to Use InventionWhere CITY is not allocated with the legal title, interest or right to theInvention or patent thereof, Contractor hereby agrees that City wouldbe vested and hold an unencumbered right, and a non-exclusive,irrevocable, perpetual, royalty-free license to use, manufacture,improve upon, and allow others to do so for all government purposes,any Invention developed under this Agreement, subject toContractor's pre-existing intellectual property rights.
B. Rights to Use Inventions
City shall have an unencumbered right, and a non-exclusive, irrevocable,royalty-free license, to use, manufacture, improve upon, and allow others todo so for all government purposes, any Invention developed under thisAgreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor or of thisAgreement, when copyrightable materia! (Material) is developedunder this Agreement, the author or the City, at the City's discretion,may copyright the Material. If the City declines to copyright theMaterial, the City shall have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture,improve upon, and allow others to do so for all governmentalpurposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive,irrevocable, royalty-free license, to use, manufacture, improve upon,and allow others to do so for all government purposes, any Materialdeveloped under this Agreement or any Copyright purchased underthis Agreement. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data
1. The Grantor and the City shall have unlimited rights or copyrightlicense to any data first produced or delivered under this Agreement"Unlimited rights" means the right to use, disclose, reproduce, preparederivative works, distribute copies to the public, and perform anddisplay publicly, or permit others to do so as required by 48 CFR27.401. Where the data are not first produced under this Agreementor are published copyrighted data with the notice of 17 U.S.C. Section
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otherwise set forth herein, Contractor shall not use any of CityIntellectual Property now existing or hereafter existing for anypurposes without the prior written permission of City. Except asotherwise set forth herein, neither Contractor nor City shall give anyownership interest in or rights to its Intellectual Property to the otherParty. If, during the term of this Agreement, Contractor accesses anythird-party Intellectual Property that is licensed to City, Contractoragrees to abide by all license and confidentiality restrictions applicableto City in the third-party's license agreement.
5. Contractor agrees to cooperate with City in establishing or maintainingCity's exclusive rights in the Intellectual Property, and in assuring Citysole rights against third-parties with respect to the IntellectualProperty. If the Contractor enters into any agreements orsubcontracts with other parities in order to perform this Contract,Contractor shall require the terms of agreement(s) to include allIntellectual Property provisions herein. Such terms must include, butare not limited to, the subcontractor assigning and agreeing to assignto City all rights, title and interest in Intellectual Property made,conceived, derived from, or reduced to practice by the subcontractor,Contractor or City and which result directly indirectly from thisContract or any subcontract
6. The requirement for the Contractor to include ail Intellectual PropertyProvisions in all agreements and subcontracts it enters into with otherparties does not apply to agreements or subcontracts that are forcustomized and on-the-job-training as authorized under 20 CFR663.700-730.
7. Contractor further agrees to assist and cooperate with City in allreasonable respects, and execute all documents and, subject toreasonable availability, give testimony, and take al further actsreasonably necessary to acquire, transfer, maintain, and enforce CityIntellectual Property rights and interests.
F. Retained Rights/License Rights
1. Except for Intellectual Property made, conceived, derived from, orreduced to practice by Contractor or City and which result directly orindirectly from this Agreement, Contractor shall retain title to all of itsIntellectual Property to the extent such Intellectual Property is inexistence prior to the effective date of this Contract. Contractorhereby grants to City, without additional compensation, a permanent,non-exclusive, royalty free, paid-up, worldwide, irrevocable, perpetual,non-terminable license to use, reproduce, manufacture, sel!, offer tosell, import, export, modify, publicly and privately display/perform,distribute, and dispose of Contractor's Intellectual Property with theright to SUb-license through multiple layers, for any purposewhatsoever, to the extent it is incorporated in the Intellectual Propertyresulting from this Agreement, unless Contractor assigns all rights,title and interest in the Intellectual Property as set forth herein.
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compensation, a license, as described in §516F.3 above, for any ofContractor's or third-party's Intellectual Property in existence prior to theeffective date of this Agreement. If such a license upon these terms isunattainable, and City determines that the Intellectual Property should beincluded in or is required for Contractor's performance of this Agreement,Contractor shall obtain a license under terms acceptable to City.
J. Warranties
1. Contractor represents and warrants that:
a. It has secured and will secure all fights and licenses necessaryfor its performance of this Agreement. Neither Contractor'sperformance of this Agreement, nor the exercise by either Partyof the rights granted in this Agreement, nor any use,reproduction, manufacture, sale, offer to sell, import, export, itsmodification, public and private display/performance,distribution, and disposition of the Intellectual Property made,conceived, derived from, or reduced to practice by Contractor orCity and which result directly or indirectly from this Agreementwill infringe upon or violate any Intellectual Property right, non-disclosure obligation, or other proprietary right or interest of anythird-party or entity now existing under the laws of, or hereafterexisting or issued by, any state, the United States, or any foreigncountry. There are currently no actual or threatened claims byany such third-party based on an alleged violation of any suchright by Contractor.
b. Neither Contractor's performance nor any part of itsperformance will violate the right of privacy of, or constitute alibel or slander against any person or entity.
c. It has secured and will secure all rights and licenses necessaryfor Intellectual Property, including, but not limited to, consents,waivers or releases from all authors or music or performancesused, and talent (radio, television, and motion picture talent),owners of any interest in and to real estate, sites locations,property or props that may be used or shown.
d. It has not granted and shall not grant to any person or entity anyright that would or might derogate, encumber, or interfere withany of the rights granted to City in this Agreement.
e. It has appropriate systems and controls in place to ensure thatstate funds will not be used in the performance of thisAgreement for the acquisition, operation or maintenance orcomputer software in violation of copyright laws.
f. It has not knowledge of any outstanding claims, licenses Of othercharges, liens, or encumbrances of any kind or nature
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paid under this Agreement, without restriction or limitation of any otherrights and remedies available at law or in equity.
3. Contractor agrees that damages alone would be inadequate tocompensate City for breach of any term of these Intellectual Propertyprovisions herein by Contractor. Contractor acknowledges City wouldsuffer irreparable harm in the event of such breach and agrees Cityshall be entitled to obtain equitable relief, including without limitationan injunction, from a court of competent jurisdiction, without restrictionto limitation of any other rights and remedies available at law or inequity.
L. Survival
The provisions set forth herein shall survive any termination or expiration ofthis Agreement or any Program schedule.
§418. Living Wage Ordinance and Service Contractor Worker RetentionOrdinance.
A. Unless otherwise exempt in accordance with the provisrons of thisOrdinance, this Agreement is subject to the applicable provisions of theLiving Wage Ordinance (LWO), §10.37 et seq. of the Los AngelesAdministrative Code, as amended from time to time, and the ServiceContractor Worker Retention Ordinance (SCWRO), §10,36 et seq., of theLos Angeles Administrative Code, as amended from time to time. TheOrdinances require the following:
1, Contractor assures payment of a minimum initial wage rate toemployees as defined in the LWO and as may be adjusted each July1 and provision of benefits as defined in the LWO.
2. Contractor further pledges that it will comply with federal lawproscribing retaliation for union organizing and will not retaliate foractivities related to the LWO. Contractor shall require each of itsSubcontractors within the meaning of the LWO to pledge to complywith the terms of federal law proscribing retaliation for unionorganizing. Contractor shall deliver the executed pledges from eachsuch subcontractor to the City within ninety (90) days of the executionof the Subcontract Contractor's/Consultant's delivery of executedpledges from each such Subcontractor shall fully discharge theobligation of the Contractor to comply with the provision in the LWOcontained in §10.37,6(c) concerning compliance with such federal law.
3. The Contractor/Consultant, whether an employer, as defined in thelWO, or any other person employing individuals, shall not discharge,reduce in compensation, or otherwise discriminate against anyemployee for complaining to the City with regard to the employer'scompliance or anticipated compliance with the LWO, for participatingin proceedings related to the LWO, for seeking to enforce his or herrights under the LWO by any lawful means, Of otherwise asserting
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B. During the performance of the Contract, the Contractor certifies andrepresents that the Contractor will comply with the EBO. The Contractoragrees to post the following statement in conspicuous places at its place ofbusiness available to employees and applicants for employment:
"During the performance of a Contract with the City ofLos Angeles, the Contractor will provide equal benefits toemployees with spouses and its employees withdomestic partners. Additional information about the Cityof Los Angeles' Equal Benefits Ordinance may beobtained from the Department of Public Works, Bureauof Contract Administrator, Office of Contract ComplianceSection at (213) 847-6480."
C. The failure of the Contractor to comply with the EBO will be deemed to be amaterial breach of this Agreement by the Awarding Authority.
D. If the Contractor fails to comply with the EBO the Awarding Authority maycancel, terminate or suspend the Contract, in whole or in part, and allmonies due or to become due under this Agreement may be retained by theCity. The City may also pursue any and all other remedies at law or inequity for any breach.
E. Failure to comply with the EBO may be used as evidence against theContractor in actions taken pursuant to the provisions of Los AngelesAdministrative Code §10.40 et seq., Contractor Responsibility Ordinance.
F. If the Office of Contract Compliance determines that a Contractor has setup or used its Contracting entity for the purpose of evading the intent of theEBO, the Awarding Authority may terminate this Agreement on behalf of theCity. Violation of this provision may be used as evidence against theContractor in actions taken pursuant to the provisions of Los AngelesAdministrative Code §10.40 et seq., Contractor Responsibility Ordinance.
§421. Contractor Responsibility Ordinance
Unless otherwise exempt in accordance with the provisions of the Ordinance, thisAgreement is subject to the provisions of the Contractor ResponsibilityOrdinance, §10.40 et seq., of Article 14, Chapter 1 of Division 10 of the LosAngeles Administrative Code, which requires Contractor to update its responsesto the responsibility questionnaire within thirty calendar days after any change tothe responses previously provided if such change would affectContractor's/Consultant's fitness and ability to continue performing the contract.In accordance with the provisions of this Ordinance, by signing this Contract,Contractor pledges, under penalty of perjury, to comply with all applicablefederal, state and local laws in the performance of this contract, including but notlimited to, laws regarding health and safety, labor and employment, wage andhours, and licensing laws which affect employees. The Contractor further agreesto:
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Contractor to comply with all applicable reporting requirements or toimplement lawfully served Wage and Earnings Assignment Orders andNotices of Assignment or the failure of any principal owner(s) of Contractorto comply with any Wage and Earnings Assignment Orders and Notices ofAssignment applicable to them personally shall constitute a default by theContractor under the terms of this Contract, subjecting this Agreement totermination where such failure shall continue for more than ninety (90) daysafter notice of such failure to Contractor by City. Any subcontract enteredinto by the Contractor relating to this Contract, to the extent allowedhereunder, shall be subject to the provisions of this paragraph and shallincorporate the provisions of the Child Support Assignment OrdersOrdinance. Failure of the Contractor to obtain compliance of itssubcontractors shall constitute a default by the Contractor under the termsof this contract, subjecting this Agreement to termination where such failureshall continue for more than ninety (90) days after notice of such failure toContractor by the City.
B. Contractor shall comply with the Child Support Compliance Act of 1998 ofthe State of California Employment Development Department. Contractorassures that to the best of its knowledge it is fully complying with theearnings assignment orders of all employees, and is providing the names ofall new employees to the New Hire Registry maintained by the EmploymentDevelopment Department as set forth in subdivision (1) of the PublicContract Code 7110.
§425. Compliance with los Angeles City Charter Section 470{c){12}
The Contractor and/or any subcontractors are obligated to fully comply with Cityof Los Angeles Charter Section 470(c)(12) and related ordinances, regardinglimitations on campaign contributions and fund raising by Contractor and anysubcontractors for certain elected City officials or candidates for elected Cityoffice. Contractor and any subcontractors shall comply with these limitationswherever applicable. Violation of this provision shall entitle the City to terminatethis Agreement and pursue any and all legal remedies that may be available.
§426. First Source Hiring Ordinance
Unless otherwise exempt in accordance with the provisions of this Ordinance,this contract is subject to the applicable provisions of the First Source HiringOrdinance (FSHO), Section 10.44 et seq. of the Los Angeles AdministrativeCode, as amended from time to time.
A. Contractor shall, prior to the execution of the contract, provide to the OM alist of anticipated employment opportunities that Contractor estimate theywill need to fill in order to perform the services under the Contract.
B. Contractor further pledges that it will, during the term of the Contract, shalla) At least seven business days prior to making an announcement of aspecific employment opportunity, provide notifications of that employmentopportunity to the Community Development Department (COD), which willrefer individuals for interview; b) Interview qualified individuals referred by
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5. GRANT REQUIRMENTS
§501. Reporting Requirernents
A. General Reporting
At such times and in such forms as the City may require, there shall befurnished to the City such statements, records, reports, data andinformation as the City may request pertaining to matters covered by thisAgreement.
B. Report Due Dates
1. Fiscal ReportThe Contractor shall submit to the City the following reports asidentified below:
a. Expenditure Report - Due on or before the twentieth (20th)calendar day (excluding weekends and holidays) of each month,the Contractor shall submit the Expenditure Report to the City,which reflects accrued expenditures as of the previous month onforms provided. The Expenditure Report shall be in the formprovided in Exhibit G.
b. Cash Request (Invoice) - Due as cash is necessary but on orbefore the twentieth (20th) calendar day (excluding weekendsand holidays) of the month, a Cash Request shall be submittedon forms provided. The Cash Request shalf be in the formprovided in Exhibit G.
2. Program Report
The Contractor is required to submit to the City by the twentieth (20th)calendar day of each month the client housing demographicinformation contained online at https:/IIahd.lacitv.org/hopwaf. Theonline forms include the Monthly Demographic Report Form, ProgramOutcome Progress Report Form(s), Program Narrative and any otherreports that may be requested/required by the City.
C. Exceptions to the Provisions of Subsection A or B of ReportingRequirement
Contractor shall have obtained prior written approval from the City for anyexceptions the reporting requirements above.
D. If Contractor's reports or other documentation are not submitted asrequired, the City reserves the right to withhold payments to the Contractoror to impose other sanctions, at the City's sole discretion.
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more. The record shall include: (1) description of the item ofequipment, including model and serial number, if applicable; (2) dateof acquisition; (3) the acquisition cost or assigned value to theprogram; and (4) source of acquisition.
2. The record shall indicate whether the item of equipment was new orused at the time of acquisition. The aggregate of the individual costsshown on the record cards shall equal the balance of the subsidiarycost account for equipment.
B. All equipment obtained under this Agreement shall have a City identificationdecal affixed to it. The identification decal, when practical, shall be affixedwhere it is readily visible.
C. A physical inventory shall be taken by the Contractor and reconciled withthe record card every two years or at such other times as the City shallprescribe.
§504. Purchase or Lease of Equipment, if Applicable
A. Prior to the purchase or lease of equipment, the Contractor shall receiveprior City approval in writing and shall comply with all requirementsdescribed in this Agreement.
B. The term equipment as used in this Agreement shall be defined to meanpersonal property.
c. Contractor shall notify the City in writing before using equipment for thisAgreement that was or is to be purchased or leased with public funds notprovided by this Agreement. Purchase or lease payments for thisequipment shall not be made from funds under the terms of this Agreement.
D. Lease of Equipment
A copy of each executed equipment lease agreement shall be submitted tothe City before payment. Written amendments to equipment lease shallcomply with the conditions set forth in this Agreement.
E. Purchase of Equipment
1. All property real and personal, purchased under this Agreement withfunds provided in this Agreement shall become the property of theCity and shall be returned to the City upon termination of thisAgreement, except as provided otherwise by the City in writing.Contractor shall file all Uniform Commercial Code statements for anyeligible property purchased with funds from this Agreement anddeliver a copy of the filing to the City.
2. The property shall be used and maintained by the Contractor asfollows:
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f. Contractor shall invoice for only that portion of the lease costthat is allocated to program funded by this Agreement. TheContractor is responsible for collecting any portion of the rentdue to Contractor under sublease agreements with partners orother entities.
§505. Accounting Practices
The Contractor shall maintain a system of internal control in accordance withstandard accounting practices.
A. In accordance with generally accepted accounting principles and CityDirectives, financial systems shall include:
1. Information pertaining to sub-grant and contract awards, obligations,un-obligated balances, assets, expenditures, and income;
2. Effective internal controls to safeguard assets and assure their properuse;
3. A comparison of actual expenditures with budgeted amounts for eachsub-grant and contract;
4. Source documentation to support accounting records;
5. Proper charging of costs and cost allocation; and to be sufficient to:
6. Permit preparation of required reports;
7. Permit the tracing of funds to a level of expenditure adequate toestablish that funds have not been used in violation of the applicablerestrictions on the use of the funds;
8. "Internal Control" for purpose of this Agreement, comprises the plan ororganization and all of the coordinated methods and measuresadopted within a organization to safeguard its assets, check theadequacy and the reliability of its accounting data, promote operatingefficiency, and assure adherence to prescribed management policies.
B. The Contractor shall submit its system of accounting procedures andInternal Control to the City before the City disburses any funds to theContractor.
§506. Documentation of Expenditures
A. Expenditures shall be supported by properly executed payrolls, timerecords, invoices, vouchers, or other official documentation evidencing inproper detail the nature and propriety of the charges. Checks, payrolls,invoices, vouchers, orders, or other accounting documents shall be clearlyidentified and readily accessible.
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F. Contractors receiving funds solely from the City shall annuallysubagreement with a qualified independent auditor unless notified in writingby the City that an auditor will be provided.
G. If the auditor's report or management report identifies deficiencies withinternal controls or contract compliance, the Contractor shall prepare andsubmit a corrective action plan along with the auditor's reports. The planshall address all deficiencies and provide specific details on correctiveactions to be taken along with the date the action was or will beimplemented.
H. If the expenditures under all Federal programs are less that $300,000,Contractor shall permit the City to conduct a performance review of thisAgreement and all related records in accordance with Directives receivedfrom the City in the event that the Contractor is operating on a for-profitbasis, the Contractor shall conduct a program-specific annual independentfinancial and compliance audit in accordance with generally acceptedgovernment auditing standards, or an organization-wide audit that includescoverage of the WIA program within its scope. In the event the Contractorhas only Performance Based or Fixed Unit Price contracts, a writtenrequest may be made to the City for permission to have annual auditperformed using alternative audit requirements, The alternative auditrequirements of the City require an audit that shall result in the followingreports from the independent auditor:
1, Report on the Schedule of Federal Financial Assistance (Grant fundsearned through contract performance);
2. Report on internal controls (accounting and Administrative) that wereevaluated, the scope of the auditor's assessment work and anysignificant weaknesses found;
3, Opinion on compliance with contract provrsrons and specificrequirements applicable to Federal financial assistance;
4. Report on compliance with general requirements applicable to Federalfinancial assistance; and schedule of findings and questioned costs.
1. The City reserves the right to impose any or all of the following sanctionsfor Contractor's failure to comply with the Single Audit Act and theprovisions of this Agreement:
1. Withhold a percentage of assistance payments, at the City's salediscretion, until the audit is completed satisfactorily and submitted tothe Department;
2. Withhold or disallow and require return of overhead and administrativecosts;
3. Suspend payments due to Contractor until the audit is completedsatisfactorily and submitted to the City; and/or impose the Default,
1. Each party shall keep all information that is exchanged between themin the strictest confidence and make such information available totheir own employees only on a "need-to-know" basis.
B. The City and the Contractor agree that:
2. Each party shall provide written instructions to all of its employeeswith access to information provided by the other party of theconfidential nature of the information and of the penalties forunauthorized use or disclosure found in §1798.55 of the Civil Code,§502 of the Penal Code, §2111 of the Unemployment Insurance code,§10850 of the Welfare and Institutions Code and other applicablelocal, state, and federal laws.
3. Each party shall (where appropriate) store and process information inan electronic format, in such a way that unauthorized persons cannotreasonably retrieve the information by computer, remote terminal, orother means.
4. Each party shall promptly return to the other party confidentialinformation when its use ends or destroys the confidential informationutilizing an approved method of destroying confidential information byshredding, burning, or certified, or witnessed destruction. Magneticmedia are to be degaussed or returned to the other party.
5. If the City or Contractor enters into an agreement with a third party toprovide HOPWA services, the City or Contractor agrees to includethese data and security and confidentiality requirements in theagreement with that third party. In no event shall said information bedisclosed to any individual outside of that third party's authorized staff,subcontractors(s), service providers, or employees.
6. Each party shall desiqnate an employee who shall be responsible foroverall security and confidentiality of its data an information systems,and each party shalt notify the other of any changes in thatdesignation. In no event shall said information be disclosed to anyindividual outside of that third party's authorized staff,subcontractorsts), service providers, or employees.
§509. Restriction On Disclosures
Prior to the release of any reports, analyses, studies, information, or datagenerated as a result of this Agreement, Contractor shall notify the City of therequest to release the information. Release of information shall be coordinatedby the Contractor and the City, and shall be in compliance with State and Federallaws.
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B. A religious or faith-based Contractor will retain its independence fromFederal, State and local governments, and may continue to carry our itsmission, including the definition, practice, and expression of its religiousbeliefs, provided that it does not use direct grant funds to support anyinherently religious activities, such worship, religious instruction, orproselytization.
c. A religious or faith-based Contractor may use space in their facilities toprovide grant-funded services, without removing religious art, icons,scriptures, or other religious symbols.
D. A religious or faith-based Contractor retains its authority over its internalgovernance, and it may retain religious terms in its organization's name,select its board members on a religious basis, and include religiousreferences in its organization's mission statements and other governingdocuments.
E. A religious or faith-based Contractor shall not, in providing programassistance, discriminate against a program beneficiary or prospectiveprogram beneficiary on the basis of religion or religious belief.
F. Grant funds may not be used for the acquisition, construction, orrehabilitation of structures to the extent that those structures are used forinherently religious activities.
G. Grant funds may be used for the acquisition, construction, or rehabilitationof structures only to the extent that those structures are used for conductingeligible activities under this Section. Where a structure is used for botheligible and inherently religious activities, Grant funds may not exceed thecost of those portions of the acquisition, construction, or rehabilitation thatare attributable to eligible activities in accordance with the cost accountingrequirements applicable to Grant funds herein. Sanctuaries, chapels, orother rooms that a Grant funded religious congregation uses as its principalplace worship, however, are ineligible for Grant funded improvements.Disposition of rea! property after the term of the grant, or any change in useof the property during the term of the grant, is subject to government-wideregulations governing real property dispositions.
§516. Employment Opportunities for low income Persons and Small Businesses
Any housing rehabilitation Program/program funded in part or in whole withHOPWA funds, shall comply with the following provisions (referred to as aSection 3 clause):
A. The work to be performed under this Agreement is subject to therequirements of Section 3 of the Housing and Urban Development Act of1968, as amended 12 USC 1701u (Section 3). The purpose of Section 3 isto ensure that employment and other economic opportunities by HUDassistance or HUD-assisted projects, covered by Section 3, shall, to thegreatest 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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6. SUBAGREEMENT AND PROCUREMENT PROCEDURES
§601. Subaqreements
A For the purpose of this Agreement, subagreements shall include, but not belimited to purchase agreement or lease or rental agreements (excludingreal property agreements), third-party agreements, consultant servicessubagreements and construction subagreements.
B. Subagreements entered into in the performance of this Agreement shall:
1. Be subject to the terms and conditions set forth in this Agreement.City may require incorporation of the applicable provisions in a writtenagreement.
2. Specifically prohibit assignment or transfer of interest without priorwritten approval by the City.
3. Specifically provide proof, when applicable, of the appropriate permitsand/or business licenses.
c. A copy of each executed subagreement, or amendment(s) thereto, shall besubmitted to the City prior to payment.
D. Subcontracts and amendments thereto shall be submitted to the City forapproval in writing prior to execution.
E. Construction Subagreements
1. All construction subagreements shall comply with applicable federalregulations. The Contractor shall submit a copy of the Invitation forBid (lFB) or Request for Proposal (RFP), whichever is applicable, tothe City for its written approval prior to publication of the iFB or RFP.
2. Subsequent to the solicitation for bid procedure, the Contractor shallmake a recommendation to the City for its approval of the award ofthe subagreement.
3. Applicable labor standard provisrons including, but limited to City,and/or Federal affirmative action requirements, the Contract WorkHours and Safety Standards Act, the Copeland "Anti-Kickback Act",as well as all regulations issued pursuant to these acts and otherFederal laws and the General Conditions shall be a part of allconstruction subagreements awarded pursuant to this Agreement.Labor provisions references hereinabove may be obtained from theCity on request.
§602. Procurement Procedures
It is the policy of the City to encourage fair and open competition in itsprocurement for goods and services. The requirements for a fair and open
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b. Identify all requirements that the proposer must fulfil! and allother factors to be used in evaluating bids or proposals.
2. Issue a Public Notification: The notification must be made through anannouncement in a local public medium (e.g., newspaper) or othermedia that covers the entire service area.
3. All steps of each procurement must be documented, including adescription of the documentation process and where thedocumentation will be located.
4. Contractor shall provide a copy of the bid package to anyone whorequests it. Contractor shall compile a list of everyone requesting acopy of the bid package.
5. The Contractor shall ensure that all pre-qualified lists of persons, firmsor other organizations that are used to acquire goods and services arecurrent and include sufficient numbers of qualified sources to ensuremaximum open and free competition. The agencies listed on thebidder's list may be individually notified.
6. The Contractor shall maintain records that are sufficient to detail thesignificant history of a procurement procedure. These records shallinclude, but are not limited to the following: rationale for the methodof procurement; the selection of contract type; contractor selection orrejection; rational and reasonable rating criteria and the basis for thecontract type.
7. The Contractor shall keep records sufficient to insure that funds havenot been spent unlawfully.
8. The Contractor shall retain all records pertinent to any procurementagreement/contract within the County of Los Angeles for a period offive (5) years following termination of the Agreement and after finaldisposition of all pending matters. "Pending Matters" include, but arenot limited to an audit, litigation, or other activities involving records.Prior to destruction of records retained under this Agreement, theContractor shall notify the City and request instructions on dispositionof said records.
9. The Contractor shall not contract with any party that is debarred,suspended or otherwise excluded from participation in Federalassistance programs. All contracts shall include a self-certificationfrom the contractor that it is not a debarred party.The Federal government prohibits awards to any party that isdebarred. The Federal government compiles a list of debarredparties. The Federal list is published by the General ServicesAdministration; a copy may be obtained by telephoning theSuperintendent of Documents (202-512-1600). The list will be issuedas an Information Bulletin in May of each year. It is the Contractor's
Contractor shall determine which proposals are in competitive rangefor technical response and based on the cost and price analysisconducted prior to the release of the bid package.
13. Contractor shall identify complete and timely proposals. Contractorshall review the technical merits of these proposals based on therating criteria contained in the bid package. Contractor shall reviewthe cost proposals based on applicable cost principles and thetechnical proposal.
Contractor shall negotiate with organization(s) in the competitiverange. Contractor shall establish policies and procedures governingface-to-face negotiations. Include in these policies opportunities toseek clarification of the proposal content, the proposer to submit abest and final proposal prior to final evaluation and award. Contractorshall include in the criteria that all responsive proposers in thecompetitive range are given fair and equal consideration based on themerits of their proposals. Contractor shall document thesenegotiations in writing.
To the fullest extent possible in the administration of this Agreement,Contractor agrees to provide opportunities for minorities, women,disadvantaged and small businesses to participate in procurementsunder this Agreement
14. Private for-profit entities must obtain prior written approval from theCity for purchases of personal property (other than supplies) usingAgreement funds.
15. Contractor shall conduct and document oversight to ensurecompliance with these procurement procedures.
16. If the State of California, or the City has established a debt against aservice provider that has not been repaid or a repayment agreementplan has not be implemented, then the service provider shall bebarred from receiving any future City funds.
17. Participation of Minorities, Women, Disadvantaged and SmallBUsinesses
D. Cost or Price Analysis:
1. Contractor shall establish standards for the performance of cost orprice analysis.
2. Contractor shall perform a cost or price analysis in connection withevery procurement action, including contract modifications todetermine that the expenditure is reasonable. The method anddegree of analysis depends on the facts surrounding the particularprocurement and pricing situation, but at a minimum, the Contractorshall make independent estimates before receiving bids or proposals.
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e. Review to determine that all necessary cost or pricing data havebeen submitted.
4. Agreement procurement shall not permit excess program income (fornonprofit and governmental entities) or excess profit (for private for-profit entities). If profit or program is included in the price, the City orthe Contractor shall negotiate profit or program income as a separateelement of the price for each contract/subagreement in which there isno price competition and in all cases where cost analysis isperformed. To establish a fair and reasonable profit or programincome, consideration shall be given to:
a. The complexity of the work to be performed;
b. The risk borne by the contractor;
c. The contractor's investment;
d. The amount of subagreement;
e. The quality of the contractor's record of past performance;
f. Industry profit rates in the surrounding geographical area forsimilar work; and
g. Market conditions in the surrounding geographical area.
h. The cost plus a percentage of cost method of contracting shallnot be used.
E. Awarding of Agreement/Contract
1. Prior to an award of a contract, the City/Contractor shall make adetermination that the Contractor/subcontractor has demonstratedeffectiveness in providing the requested services. Agreements/Contracts shall be made only with responsible Contractor/subcontractors who possess the potential ability to performsuccessfully under the terms and conditions of a proposedprocurement. The selected proposer must be a responsive entity thathas submitted a proposal or bid which meets all requirements of thesolicitation adequately, which includes responding to the Request forProposal (RFP)/Request of Qualification (RFQ) within the requiredtime frames, and completing all forms and documents. A responsibleentity is one that has been determined to: 1) have a satisfactoryrecord of integrity and business ethics; 2) have a satisfactoryperformance record; 3) have adequate financial resources to performthe contract or the ability to obtain such resources; 4) be able tocomply with the required or proposed delivery of performanceschedule, taking into consideration all existing commercial andbusiness commitments; 5) have the needed organization, experience,accounting, operational control and technical skills or ability to obtain
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funding restrictions that address the "high-risk" status may be includedin the contract or subagreement. Funding restrictions may include,but are not limited to:
a. Use of reimbursements rather than advances or payment uponcompletion of the Program;
b. Requiring additional and/or more detailed financial orperformance reports;
c. Additional monitoring;
d. Requiring the contractor or subcontractors to obtain specifictechnical or management assistance, and/or
e. Establishing additional prior approvals (e.g., requiring awardingagency approval prior to hiring/firing, award of small purchasecontracts).
3. If the City/Contractor decides to impose such funding restrictions, theawarding official will notify the contractor or subcontractors as early aspossible, in writing, of:
a. The nature of the funding restriction(s);
b. The reason(s) for imposing them;
c. The corrective actions which must be taken before they will beremoved and the time allowed for completing the correctiveactions;
d. The method of requesting reconsideration of the restrictionsimposed; and
e. Additional prior approvals.
G. City Code of Conduct
All contractors shall adopt a Code of Conflict in accordance with therequirements of this Agreement by duly authorized action of its Board ofDirectors.
H. Methods of Procurement
1. Contractor shall use one (1) of the following methods of procurementeither by bid or proposal, as appropriate for each procurement action,for entering into contracts with subcontractors. Contractors shallconduct procurement in a manner that provides full and opencompetition. Contractor shall perform a cost or price analysis inconnection with every procurement action, including contractmodifications to determine that the expenditure is reasonable. When
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3. Contract Provisions
AI! contracts must contain at a minimum the following provisions:
a. Specific deliverables and the basis for payment;
b. Provisions requtrmq compliance with HUD HousingOpportunities for Persons with AIDS (HOPWA) regulations (42U.S.C. § 12901-129'12, 24C.F.R. § 574.3-574.655);
C. Provisions that describe remedies for breach;
d. Provisions that describe HOPWA regulations and City patentand copyright rules;
e. Provisions for termination for cause and convenience;
f. Access to records for audit purposes;
g. Audit requirements;
h. Provisions for payment and delivery;
L Provisions describing contract amendment procedures;
j. Provisions against assignment;
k. Provisions for equal opportunity and non-discrimination;L Provisions prohibiting conflicts of interest.
4. Appeal and Dispute Procedures: The City and its contractors shallhave protest procedures to handle and resolve disputes relating totheir procurement A protester shall exhaust all administrativeremedies with the contractor before pursuing a protest at a higherlevel. Notice of appeal rights and procedures must be given to allbidders.
§603. Records and Audits of Subaqreements
A Records shall be maintained in accordance with requirements prescribedby the City with respect to all matters covered by any subagreement. Suchrecords shall be retained within the Los Angeles area for a period of five (5)years after receipt of final payment under this Agreement, unlessauthorization to remove them is granted in writing by the City.
B. Expenditures pertaining to subagreements shall be supported by properlyexecuted documents evidencing in detail the nature of the charges.
C. At such times and in such forms as the City may reasonably require,Contractor shall provide to the City such statements, records, reports, data
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insured in compliance with §413 (insurance) herein. Performance shaII notresume without the prior written approval of City.
§702. Default
A. Should the Contractor fail for any reason to cure the default within the timespecified by §701of this Agreement, the City reserves the right to take anyor all of the following actions in its sole discretion:
1. Reduce the total budget;
2. Withhold the release of funds;
3. Make any changes in the general scope of this Agreement;
4. Issue a Notice to Correct Performance;
5. Suspend Program operations; or
6. Terminate the Agreement.
B. Should the City choose to exercise its rights under §702, the City must firstexercise its rights under §701, unless the Contractor is accused of fraud orabuse of funds provided under this Agreement.
§703. Suspension
Upon the happening of an even of default and a failure by the Contractor to curesaid default within the time period specified in Section 701 above, the City maysuspend all or part of the Program operations.
§704. Termination of Agreement
A The parties agree that at any time during the term of this Agreementfollowing a failure of the contract to cure the default in the time period in§702 above, the City, either party may terminate this Agreement, or anypart of the Agreement, by giving Contractor notice thereof.
The City is not required to use other remedies provided inthis Agreement prior to issuing a notice to terminate theAgreement.
B. Contractor shall retain and dispose of all customers' documents and relatedrecords required by the Contractor under this Agreement, in accordancewith City Directives or written instructions.
All finished and unfinished documents and materialsprocured for or produced under this Agreement, includingall intellectual property rights thereto, shall become Cityproperty upon the date of such termination. Contractoragrees to execute any documents necessary for the City to
[Remainder of page left intentionally blank.]
Agreement if such directives or requirements do not materially alter theContractor's obligations under this Agreement. Should such Directives orrequirements obligate the Contractor to perform activities not specificallyidentified in this Agreement or activities for which the Contractor is notadequately being compensated, then Contractor may propose a writtenamendment to this Agreement which requests additional funds andprovides justification for said request.
8. ENTIRE AGREEMENT
§801. Complete Agreement
This Agreement contains the full and complete Agreement between the twoparties. No verbal agreement nor conversation with any officer or employee ofeither party shall affect or modify any of the terms and conditions of thisAgreement.
§802. Number of Pages and Attachments
This Agreement is executed in four (4) duplicate originals, each of which isdeemed to be an original. This Agreement includes 77 pages and thirteen (13)exhibits which constitute the entire understanding and agreement of the parties.
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Executed this 18m day of :JUL.)'" ,2012
IN WITNESS WHEREOF, the City of Los Angeles and the Contractor have caused thisAgreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM:
CARMEN ATRUTANICH, City Attorney
~: ~{Assistant City Attorney
Date: q j;;q / I 2......-
ATTEST:
JUNE LAGMAY, City Clerk
By: -,L-l.--....p,.---..::::....:......:=-----===~-
Date: __ ----'--'IO=-----...::....::l>-------'/c....::· =)_=---__
(Contractor's Corporate Seal)
APPROVED AS TO FORM:John F. Kratt Ii ,::unt~~ _
Deputy
City Business License Number: 20002160
For: THE CITY OF LOS ANGELES
DOUGLAS GUTHRIEGeneral Manager::SA~
RUSHMORE CERVANTESExecutive Officer
Executed this __ day of , 2012
For: HOUSING AUTHORITY OF THECOUNTY OF LOS ANGELES
By s~lfi-'--'-----Executive Director
Date: _----'CO::.....-Ugj'-'-, V _
Date: --~r---:."---+-"---------
Internal Revenue Service EID Number: 33-0404729
Council File Number: 11-2120 Date of Approval: January 251 2012
Said Agreement is Number C- !:;1/.2. 3 of City Contracts
n
D Property Insurance (to cover replacement cost of building - as determinedby insurance company)
EXHIBIT AINSURANCE REQUiREMENTS
Form Gen 146 (Rev. 10/09)Required Insurance and Minimum Limits
Name: Housing Authority of the County of Los Angeles Date: October 1, 2012Agreement/Reference: -------~-_--.Evidence of coverages checked below, with the specified minimum limits, must be submitted andapproved prior to occupancy/start of operations. Amounts shown are Combined Single Limits ("CSLs").For Automobile Liability, split limits may be substituted for a CSL if the total per occurrence equals orexceeds the CSL a Limits
Workers' Compensation - Workers' Compensation (We) and Employer's Liability (EL)WCStatutof,{EL llQQQJ100
D Waiver of Subrogation in favor of City D Longshore & Harbor WorkersD Jones Act
General Liability $1,000,000
oD
Products/Completed OperationsFire Legal Liability
DD
Sexual Misconduct
Automobile Liability (for any and all vehicles used for this contract,other than commuting to/from work)
$300,000
D Professional Liability (Errors and Omissions) 1Discovery Period 12 Months After Completion of Work or Date of Termination.
ooD
All Risk CoverageFloodEarthquake
DDo
Boiler and MachineryBuilder's Risk
o Pollution LiabilityD
D
D
Surety Bonds - Performance and Payment (Labor and Materials) Bonds 100% of the contractprice
Crime Insurance $_-----
Other: _General Notes: 1) If a Contractor has no employees and decides to not cover herself/himself for workers' compensation,please complete the form entitled "Request for Waiver of Workers' Compensation Insurance Requirement" located athttp:l{www.tacity.orgicaO/riskllnsuranceForms.htm. £jln the absence 01 imposed auto liability requirements, all Contractors usingvehicles during the course of their contract must adhere to the financial responsibility laws of the State of California
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EXHIBIT ACITY OF LOS ANGELES
INSTRUCTIONS AND INFORMATIONON COMPLYING WiTH CITY INSURANCE REQUIREMENTS
(Share this information with your insurance agent or btoker.)
Rev. 10/09
1. Agreement/Reference All evidence of insurance must identify the nature of your business with the ClTY.Clearly show any assigned number of a bid, contract, lease, permit, etc. or give the Program name and the jobsite or street address to ensure that your submission will be properly credited. Provide the types of coverageand minimum dollar amounts specified on the Required Insurance and Minimum Limits sheet (Form Gen.146) included in your CITY documents.
2. When to submit Normally, no work may begin until a CITY insurance certificate approval number ("eAnumber") has been obtained, so insurance documents should be submitted as early as practicable. For As-needed Contracts, insurance need not be submitted until a specific job has been awarded. DesignProfessionals coverage for new construction work may be submitted simultaneously with final plans anddrawings, but before construction commences.
3. Acceptable Evidence and Approval Electronic submission is the preferred method of submitting yourdocuments. Track4lATM is the CITY's online insurance compliance system and is designed to make theexperience of submitting and retrieving insurance information quick and easy. The system is designed to beused primarily by insurance brokers and agents as they submit client insurance certificates directly to the City.It uses the standard insurance industry form known as the ACORD 25 Certificate of liability Insurance inelectronic format Track4LA ™ advantages include standardized, universally accepted forms, paperlessapproval transactions (24 hours, 7 days per week), and security checks and balances. The easiest andquickest way to obtain approval of your insurance is to have your insurance broker or agent accessTrack4LATM at http://track4Ia.laclty.org and follow the instructions to register and submit the appropriate proofof insurance on your behalf.
Insurance industry certificates other than the ACORD 25 may be accepted. All Certificates must provide athirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) AND an AdditionalInsured Endorsement naming the CITY an additional insured completed by your insurance company or itsdesignee. If the policy includes an automatic or blanket additional insured endorsement, the Certificate muststate the CITY is an automatic or blanket additional insured. An endorsement naming the CITY an AdditionalNamed Insured and Loss Payee as Its Interests May Appear is required on property policies. All evidence ofinsurance must be authorized by a person with authority to bind coverage, whether that is the authorizedagent/broker or insurance underwriter.
Acceptable Alternatives to Acord Certificates and other Insurance Certificates:
A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10)days for non-payment of premium) and additional insured and/or loss-payee status, when appropriate, for theCITY. Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date ofapproval. Additional Insured Endorsements DO NOT apply to the following:
to Indication of compliance with statute, such as Workers' Compensation Law... Professional Liability insurance.
Completed insurance Industry Certificates other than ACORD 25 Certificates can be sent electronicaJly([email protected]) or faxed to the Office of the City Administrative Officer, Risk Management(213) 978·7616" Please note that submissions other than through Trac:k4lA will delay the insuranceapproval process as documents will have to be manually processed.
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Verification of approved insurance and bonds may be obtained by checking Track4LATM, the CITY's onlineinsurance compliance system, at http://track4Ia.lacrty.QIg.
4. Renewal When an existing policy is renewed, have your insurance broker or agent submit a new Accord 25Certificate through Track4lA"M at http://track4Ia.lacity,oQLor submit an Insurance Industry Certificate or arenewal endorsement as outlined in Section 3 above. If your policy number changes you must also submit anew Additional Insured Endorsement with an Insurance Industry Certlficate,
5. Alternative Programs/Self-Insurance Risk financing mechanisms such as Risk Retention Groups, RiskPurchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs are subject toseparate approval after the CITY has reviewed the relevant audited financial statements. To initiate a review ofyour program, you should complete the Applicant's Declaration of Self Insurance form(http://cao.lacity,org/riskilnsuranceForms,htm) to the Office of the City Administrative Officer, RiskManagement for consideration.
6. General Liability insurance covering your operations (and products, where applicable) is required wheneverthe CITY is at risk of third-party claims which may arise out of your work or your presence or special event onCity premises. Sexual Misconduct coverage is a required coverage when the work performed involvesminors. Fire Legal Liability is required for persons occupying a portion of CITY premises. (Information on twoCITY insurance programs, the SPARTA program, an optional source of low-cost insurance which meets themost minimum requirements, and the Special Events Liability Insurance Program, which provides liabilitycoverage for short-term special events on CITY premises or streets, is available at (www.2sparta.com). or bycalling (800) 420-0555.)
7. Automobile Liability insurance is required only when vehicles are used in performing the work of yourContract or when they are driven off-road on CITY premises; it is not required for simple commuting unlessCITY is paying mileage. However, compliance with California law requiring auto liability insurance is acontractual requirement.
8, Errors and Omissions coverage will be specified on a Program-by-Program basis if you are working as alicensed or other professional. The length of the claims discovery period required will vary with thecircumstances of the individual job.
9. Workers' Compensation and Employer's liability insurance are not required for single-personcontractors. However, under state law these coverages (or a copy of the state's Consent To Self Insure) mustbe provided If you have any employees at any time during the period of this contract. Contractors with noemployees must complete a Request for Waiver of Workers' Compensation Insurance Requirement(http://cao.lacity.org/riskllnsuranceForms,htm). A Waiver of Subrogation on the coverage is required only forjobs where your employees are working on CITY premises under hazardous conditions, e.g., uneven terrain,scaffolding, caustic chemicals, toxic materials, power tools, etc. The Waiver of Subrogation waives theinsurer's right to recover (from the CITY) any workers' compensation paid to an injured employee of thecontractor.
10, Property Insurance is required for persons having exclusive use of premises or equipment owned orcontrolled by the CITY. Builder's Risk/Course of Construction is required during construction Programs andshould include building materials in transit and stored at the Program site.
11. Surety coverage may be required to guarantee performance of work and payment to vendors andsuppliers. A Crime Policy may be required to handle CITY funds or securities, and under certain otherconditions. Specialty coverages may be needed for certain operations. For assistance in obtaining the CITYrequired bid, performance and payment surety bonds, please see the City of Los Angeles Bond AssistanceProgram website address at htttp:/Lcao.lacity.orqlriskfBon~tancePrograll1.QQLor call (213) 258-3000 formore information
EXHIBIT B
CERTIFICATION REGARDINGDEBARMENT, SUSPENSION, INELlG!BILlTY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Orders 12459 and 12689, Debarmentand Suspension, 24 CFR Part 24 Section 24.510, and 29 CFR Parts 97.35 and 98.510, Participants'responsibilities.
(READ ATIACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals arepresently debarred, suspended, proposed Tor debarment, declared ineligible, or voluntarily excludedfrom participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of thestatements in this certification, such prospective participant shall attach an explanation to this proposal.
AGREEMENT NUMBER _
CONTRACTOR/BORROWERI AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVEBy:se~1!1~-- Dat:' II ~ \I&'
Executive Director
Exhibit B ~ 1 of 2
Exhibit B ~2 of 2
Exhibit B (cont.)INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providingthe certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when thistransaction was entered into. If it is later determined that the prospective recipient of Federal assistancefunds knowingly rendered an erroneous certification, in addition to other remedies available to the FederalGovernment, the department or agency with which this transaction originated may pursue availableremedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the personto whom this agreement is entered, jf at any time the prospective recipient of Federal assistance fundslearns that its certification was erroneous, when submitted or has become erroneous by reason of changedcircumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,""participant, II "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," asused in this clause, have the meanings set out in the Definitions and Coverage sections of rulesimplementing Executive Orders 12459 and 12689.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should theproposed covered transaction be entered into, it shall not knowingly enter into any lower tier coveredtransaction with a person who is debarred, suspended, declared ineligible, Of voluntarily excluded fromparticipation in this covered transaction, unless authorized by the department or agency with which thistransaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it willinclude the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and VoluntaryExclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactionsand in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lowertier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from thecovered transaction, unless it knows that the certification is erroneous. A participant may decide themethod and frequency by which it determines the eligibility of its principals. Each participant may, but isnot required to, check the List of Parties Excluded from Procurement Of Non-Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records inorder to render in good faith the certification required by this clause. The knowledge and information of aparticipant is not required to exceed that which is normally possessed by a prudent person in the ordinarycourse of business dealings.
g, Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a coveredtransaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to otherremedies available to the Federal Government, the department or agency with which this transactionoriginated may pursue available remedies, including suspension and/or debarment
Exhibit C
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, ~and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to anyperson for influencing or attempting to influence an officer or employee of an agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith the awarding of any Federal contract, the making of any Federal grant, the making of any Federalloan, 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 forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of a Member of Congress in connection with this Federalcontract, grant, loan, or cooperative agreement, the undersigned shall complete and submit StandardForm-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents forall subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, andcooperative agreements) and that all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed when this transactionwas made or entered into. Submission of this certification is a prerequisite for making or entering into thistransaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for eachsuch failure.
AGREEMENTNUMBER __
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
By: ~~- eollq\lLSean Rogan, DateExecutive Director
EXHIBIT D
C. MANAGEMENT REPRESENTATION
As a prerequisite to receipt of a City funded Contract, and as material facts upon which the City may rely inpreparing the Contract, I, am authorized representative of the Contractor, make the followingrepresentations:
Exhibit D ~ 1 of 3
1. I am responsible for the fair presentation of the Contractor's financial records/reports in conformitywith Generally Accepted Accounting Principles (GAAP) and have provided such records/reportsaccordingly to the City. I will make available to City all related data and information. I am not awareof any material transactions that have not been properly recorded and disclosed.
True [ZJ False 0
2. The Contractor has adopted sound accounting policies and procedures in accordance with GAAPthat include procedures for maintaining internal controls, and preventing and detecting fraud andabuse.
True [g] False 0
3. I have advised and will continue to advise the City of any actions taken at meetings of Contractor'sBoard of Directors, and Committees of the Board of Directors which may have a material impact onContractor's ability to perform the City's Contract.
True [gI False 0
4. Except as recorded or disclosed to you herein, I know of no instances of:
a. Conflict of interests (direct or indirect), nepotism, related (direct or indirect) partytransactions including revenues, expenses, loans, transfers, leasing arrangements, andguarantees, and amounts receivable from or payable to related parties.
True ~ False 0
b. Guarantees, whether written or oral, under which the Contractor is contingently liable.
True ~ False 0
c. Actual, forthcoming or possible terminations of funding from regulatory agencies or othersources due to noncompliance, deficiencies, or for any other reason, that would affect thefinancial records and/or continuing viability of the Contractor as an on-going concern.
True ~ False 0
5. ! have no knowledge that a board member/s is/are also an employee of this Contractor whosesalary costs are reimbursed under this agreement.
True [ZJ False 0
Exhibit D - 2 of 3
6. I have no knowledge of and am not in receipt of any communication regarding allegations of fraud,suspected fraud or abuse affecting the Contractor involving management, employees who havesignificant roles in internal control, or others where fraud/abuse could have a material effect on thefinancial records or performance of the City Contract
True 1Sl False 07. i have no knowledge of any allegations, written or oral, of misstatements or misapplication of funds
in the Contractor's conduct of its financial affairs or in its financial records.
True ~ False 0
8. ! am not aware of any pending litigation, bankruptcy, judgment, liens and other significant issuesthat may threaten the financial viability, legal and continuing existence of the Contractor.
True [2] False 0
9. The Contractor has satisfactory title to all assets being used in the City's program, and there are noliens or encumbrances on such assets, nor has any asset been pledged as collateral.
True [2] False 0
10. The Contractor has complied with all aspects of contractual agreements, related laws andregulations that could have a material effect on the financial records, the program/s, or on theorganization as a whole.
True ~ False D
11. I have properly reported and paid to the appropriate governmental agencies all payroll taxes due onemployees' (City program related or otherwise) compensation.
True r3J False 0
12. I have responded fully to all the City's inquiries related to the Contractor's financial records and/orreports.
True [2] False 0
13. I understand that the City's auditing and monitoring procedures of Contractor are limited to thosewhich the City determines best meet its informational needs and may not necessarily disclose allerrors, irregularities, including fraud or defalcation, or illegal acts, that may exist.
True [3J False 0
14. ! understand that the City audit and reports are intended solely for use by the Contractor and theother authorized parties, and are not intended for other purposes, unless otherwise required by law.
True [3J False 0
Exhibit 0 - 3 of 3
15. If one or more of the above statements is found to be false, I understand that the City mayterminate this contract immediately. I also understand that I have a continuing duty to report to Cityany material factual change to any of these statements.
True [gJ False D
Use this space to provide any additional information:
I declare under penalty of perjury that I have read the foregoing statements and they are true and complete tothe best of my knowledge,
For: The Hou ing Authority of the County of Los Angeles
Signature (Person Authoriz d by the Board of Directors to Bind Corporation)
Sean Rogan
Printed Name
Executive Director
Title
(~)1Iql\2-Date Signed
An employer subject to the Living Wage Ordinance shall post in a prominent place in an area frequented byemployees a copy of the below notice to employees regarding the LWO prohibition against retaliation (alsoavailable in English at wwwJaity.org/BCAIlwo retaliation English.pdf. and in Spanish atwww.lacity.org/BCAJlwo retaliation spanish. pdf. The retaliation notice must be posted by an employer evenif the em 10 er has been exem ted from the LWO.
EXHIBIT E
NOTICE OF PROHIBITION AGAINST RETALIATION
NOTICE TO EMPLOYEESWORKING ON CITY CONTRACTS
RE: LIVING WAGE ORDINANCE ANDPROHIBITION AGAINST RETALIATION
Exrubit E
"Section 10.37.5 Retaliation Prohibited" of the Living Wage Ordinance (LWO) provides that any employer thathas a contractual relationship with the City may not discharge, reduce the pay of, or discriminate against his orher employees working under the City contract for any of the following reasons:
1. Complaining to the City if your employer is not complying with the Ordinance.
2. Opposing any practice prohibited by the Ordinance.
3. Participating in proceedings related to the Ordinance, such as serving as a witness and testifying in ahearing.
4. Seeking to enforce your rights under this Ordinance by any lawful means,
5. Asserting your rights under the Ordinance.
Also, you may not be fired, lose payor be discriminated against for asking your employer questions about theLiving Wage Ordinance, or asking the City about whether your employer is doing what is required under theLWO. If you are fired, lose pay, or discriminated against, you have the right to file a complaint with the EqualEmployment Opportunities Enforcement Section, as well as file a claim in court.
For more information, or to obtain a complaint form, please call the Equal Employment OpportunitiesEnforcement Section at (213) 847-1922.
CITY OF lOS ANGELESDepartment of Public Works
Bureau of Contract AdministrationOffice of Contract Compliance
1149 S. Broadway Street, 3rd FloorLos Angeles, CA 90015
Phone: (213) 847-1922 -'- Fax: (213) 847-2777
Rev. 06/06
Exhibit FHOUSING SPECIALIST SERVICE DESCRIPTION
Housing Specialist services must include the following:
.. Housing needs assessment.@ Developing a housing plan with the client that will lead to permanent affordable
housing or other appropriate housing (as necessary) and eventual independentsustalnability.
GI Income assessment and verification.e Housing location services, as necessary that include helping the client find
appropriate housing, not just making referrals to the Clearinghouse or other housinglocation services. This should include making contacts with property owners andmanagement companies for available houslnq: developing housing availabilityresource lists; calling media ads (newspapers, website ads, etc.): negotiating onbehalf of the client; developing expertise in affordable housing and housing subsidiesavailable; and so forth.
IfI> Assistance with rental applications, Section 8 or other subsidy applications.'I> Helping clients to maintain their housing by educating them on compliance with tenant
obligations, budgeting, leases and rental agreements, interpersonal skills to interactsuccessfully with property managers and neighbors, and so forth.
Ii> Landlord/tenant training and instruction to clients.@> Landlord and property management negotiations, as necessary.e Assistance with moving (i.e., help locating affordable moving companies, locating
storage, etc.).II> Referrals to assist with increasing income: Benefits counseling, employment
counseling and/or training, budget counseling, etc.@ Referrals to other supportive services, including during the follow-up period.Ii> Other related housing location and retention services.@ Regular follow-up assessments for up to one (1) year after move-in or after services
are provided. This will include on-site visits, telephone calls and so forth to assesshousing stability and provide additional services as needed to help the client maintaintheir housing. Follow-up must include monthly contact, including at least four (4)periodic on-site visits,
EXHIBIT Gmm-:J~=~
CASH REQUESTCity of los Angeles Housing Department
HOPWA Program Year 2011-2012
Contractor Name:Contract No.: ---~-Component Title:MonthlYear only: (Ex. April 2011)
CASH STATUS SUMMARYA B C 0 E
Line Items contract Previous Months Funding Available Cash Balance
Budget YTO Total (CoAB) Requested
2011 (Column Ear (current month)Previous Month) (C-D~E)
1000 - Personnel $0.00 $0.00 $0.00 $0.002000 - Benefits $0.00 $0.00 $0.00 $0.003000 - Consultant $0.00 $0.00 $0.00 $0.004000 - Lease $0.00 $0.00 $0.00 $0.005000 - Operating $0.00 $0.00 $0.00 $0.006000 - 7% Admin $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00LAHD ADJUSTMENTS
ADJUSTED TOTALS
* Other contractors may be on 4th or another amendment period
CERTIFICATION BY CONTRACTORWe (the Contractor) herebycertify under penaltyof perjuryunder the laws of the Slate of Californiathat this Cash Request,and its supportingfinancial
records,are true in all respectsand that all funds have been or will be usedsolely for the purposesset forth within the subjectcontract entered into
by this Contractorand the City of LosAngelesHousingDepartment(LAHD). We (the Contractor)also understandthat allowabilityof cash requested
is subject to final acceptanceby the LAHD and that payrolltax returns have been timely filed and payroll taxes have been timely paid. 1n addition, We
(the Contractor) have on file current and appropriateinsurancecoverage.
----Preparer's Name Signature Date Phone No.
Authorized Signer's Name Signature Date Phone No.
For City Use Only
HOPWA Contract Monitor Name Signature Date Phone No.
~-LAHD Fiscal Name Signature Date
HOPWA Component Titles:
Emergency Housing
Housing Informalion Clearinghouse
Other Supportive Services - Housing Specialist
Emergency and Transitional Housing
Permanent Housing Placement Grant
Other Supportive Services- Food, Legal
Project Based Rental Assistance Program (PBRA)
Scattered Site Master Leasing Program
Short Term Rent, Mortgage and Utilities Assistance Program
Supportive Services in Permanent Housing
Tenant Based Rental Assistance Program (TBRA)
Tuberculosis and Hepatitis Band C Risk Mitigation Program
PLEASE NOTE: CONTRACTOR PAYROLL REGISTER IS ATTACHED
EXPENDITURE REPORT 'EXHTI3TTG=-
City of los Angeles Housing DepartmentHOPWA Program Year 2011 ·2012
Contractor Name:Contract No.:Component Title:MonthlYear only: (Ex. April 2010)
MONTHL Y CONTRACT EXPENDiTURES
Line /terns Month Month Month Month Month Month TOTALS
No.1 No.2 No.3 NO.4 No.5 No. 6October-t t Novomber-t t Decernber-11 January-12 February-12 March-12
1000 - Personnel 0.002000 - Benefits 0.003000 - Consultant 0.004000 - Lease 0.005000 - Operating 0.006000 " 7% Admin 0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00PLAN YTn
VARIANCE (OVER/UNDER) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
CERTIFICATiON BY CONTRACTORWe (the Contractor) hereby certlfy under penalty of perjury under the laws of the State of California that this Cash Request, and its supporting financial
records, are true in all respects and that all funds have been or will be used solely for the purposes set forth within the subject contract entered into
by this Contractor and the City of Los Angeles Housing Department (LAHD). We (the Contractor) also understand that allowability of cash requested
is subject to final acceptance by lhe LAHD and that payroll tax returns have been timely filed and payroll taxes have been timely paid. In addition, we
(the Contractor) have on file current and appropriate insurance coverage.
Preparer's Name Signature Title Date Phone No.
Authorized Signer's Name Signature Title Date Phone No.
For City Use Only
HOPWA Contract Monitor Name Signature Title Date Phone No.
EXHIBIT G
HOPWA~Funded PersonnelCity of los Angeles Housing Department
HOPWA Program Year 2011 - 2012
Contractor Name:Contract No.:Component Title:MonthlYear only: _____________ (Ex. April 2011)
Position Employee Gross Salary Pay Date Percent % Total Amount Max Allow BHled AmountHousinq Case Man $0.00
$0.00$0.00$0.00
Supp. Serv Worker $0.00$0.00$0.00$0.00
Executive Director $0.00$0.00$0.00$0.00
Director Client Serv $0.00$0.00$0.00$0.00
Sub TotalTotal BenefitsTotal Salary Costs
Guidelines:
$0.00% $0.00
$0.00'Contractor Benefits % is based on approved amendment budget.
Please use this form if your agency has Personnel Costs to be reimbursed by HOPWA under thecurrent amendment budget.
Please use the correct salary percentage to be billed to HOPWA as stated in the current amendment budget.
Please do not bill beyond the maximum Benefits percentage per month as stated in the current amendment budget.
The Pay Date or Check Date must be in the month for which the Personnel Costs are being reimbursed for.
The Maximum Allowable Costs for Personnel each month may not exceed one-twelfth (1/12) of the total budget.
EXHIBITG
7% ADMINISTRATION COST SHEETCity of Los Angeles Housing Department
HOPWA Program Year 2011 - 2012
Contractor Name:Contract No.:Component Title:MonlhfYear only: (Ex. April 2011)
Guidelines:Please use this form if your agency has an Administration Cost line item in this current Amendment budget.
If your agency is requesting funds under the Administration line item, this form mustbe submitted or your request wi!! not be processed.
ADMINISTRATION -7% MAXIMUM OF THE TOTAL BUDGET ONLY
Location(s) Services Provided
Address Staff Salaries @:! % I1J $0.00Address Staff Salaries @ % (1J $0.00Address Staff Salaries @ % PI $0.00Address Staff Salaries @ % PI $0.00Address Office Space $0.00Address Mileaqe $0.00Address Staff Traininq $0.00Address Telephones/Cell Phones $0.00Additional Address Other/Specify $0.00Additional Address Other/Specify $0.00
ADMIN SUB-TOTAL $0.00
(1) Please make sure to include back-up Payroll Documentation for all staff salaries being requestedPlease make sure to state the salary percentage (%) to be billed to HOPWA.
Please review OMB Circular A 122 "Cost Principles for Non-Profit Organizations"prior to submission. Allowable costs must be reasonable, ordinary and necessaryfor the performance of the award.
HOPWA PROGRAMS !NTAKE, ASSESSMENT & HOUS!NG PLAN FORMS EXHIBIT H
~~lIi~Last Name: I M,l,: I ~~ 10#: 10 TvfJlpe~:~~~~First Name:
Birth Place: I SPA:SSN: Address: City: Zip:Tel, It:Email:
I Hispanic:Gross Monthly Income
Language Spoken:
Diagnosis: Mother's Maiden Name:
Recent TB Results; I TB Test Date:
Transmission: Emergency Contact: Tel.:
Type of Income
Domestic Violence: Medical Facility:
Ave Amt,
Gross Employment Inc.
Unemployment Ins. (UI)State Disability Ins, (SOl)
Veteran:1 I Hon, ois.:
Fam. Status: tt"·.Qthe(lio~sehoI4Mem;'..
Primary Physician:
Medica! Coverage By: Soc. Sec. Dis. Ins. (5501)Social Security (Retirement)
Sup. Security Inc, (551)
Total Gross Monthly Income $0.00HIjDfYi2l\1irihthIYIi18hitlei:.lmit~' '3P~rsonsA Pe"$oi1~.5P~rS.()r;S ·6i#~r$~~s· ~.i#ersohs:·;,8 Pe~(jhs".
80% Area Median Income $3,937.50 $4,500.00 $5,062.50 $5,620.83 $6,070.83 $6,520.83 $6,970.83 $7,420.83
.'
Private Disability Ins.General Relief (GR)
VA PensionCalWorks
Other:
Lease in their name: Moves in 12 Months: Moves in 4 Yrs.: Homeless W/in 12 Months:
Chronically Homeless: Ever Evicted: Eviction Reason: Sex Oft.:! Crim.Background:
Current Living Situation I T.Monthly Rent: Ct's Share or rent: Utilities Included:
Living in Sub. Hsg.: Sub. Hsg. Type: R/I: 0% Rent Past Due Amount:
Util. Past Due Amt.: UtiL Shut-off: 3-Day Notice: Court Date:
Move-Out Date: Budget: I Stays win Bgt. Credit: I Util. Dis. Roommates: Shared Hsg.:
# of Srv. Ani.: I Type: Landlord Accept Sec8: App. for Sub. Housing: Date App. for Sub. Hsg.:
Applied with: Special Accommodations: R/I Before Loss: 0% Housing Plan: I I rCM:In the past 3 months, has the CT had contact with CM/benefits counselor: Is CT Eligible for Subsidized Housing:
In the past 3 months, has the CT had contact with a primary health care provider: Received STRMU Last Contract Year:
Ct obtained a job created/funded by HOPWA/LAHD during the YR: Ct is eligible for pub./priv. benefits:
Ct obtained a job not created by HOPW~: Ct hasmed. insurance/medical cov.~:~~~
Broken tocks/ wtndows Cooling I~ I Gas I-~S Smoke Det.
Community Resources Plum' I ! Overcrowding I ISafety Issues I Pests Other:
Benefits Environmental Life Skills Issues DMH Ct: Other:Child Care/Safety Nutrition/Food Legal Risk BehaviorDomes. Vio. Sur Developmental Medical Social Support SysEducational Family Reunification Medication Substance Use
.·..h~r~~21if~~~~~~~t~~.r}~~c:~~W~~d!~~~rya~~bfJ~trl~ry:~ncl.·to..~. . ··.,.;·..·.,·.·;·.i~·.,-: ....................................•.............•..........................•.•.............•••..•.
Ct's Print Name: et's Signature: Date: Ct Received Survey: !et Int,)Provider's Print Name: Provider's Signature: Date:L- . ~~ _____
Revised 1/18/2012
EXHIBIT H
........ ·HOUSINGSTATlI$.····· ".
Page 11
2.3.2.
3.4. 4.5. 5.
I, , grant all the staff and/or volunteers of perrrussionto freely share, release and receive information about my physical, social, financial and mental condition, including myHIV/AIDS diagnosis, status, and test results for the express purpose of helping me receive and gaining access to servicesrelated to my current or future needs. I understand that the information will be shared with public and private agencies, whichincludes but is not limited to: Beyond Shelter, L.A. Housing Department, AFA, APLA, ASC,AltaMed, APAIT, Bienestar HealthServices, Caring for Babies with AIDS, Catalyst Foundation, Common Ground HIV Westside Community Ctr., East ValleyCommunity H.C., FAP, Freedom Assembly, Gay & Lesbian Center., High Desert Hospital, Jenese Center, L.A. Family HousingCorp. LAMP, L.A.FAN., l.B. Health Dept. EIP, L.B. Housing Authority, Maternal/Child Clinic, MAP, New !mage EmergencyShelter, Project New Hope, Project Angel Food, Prototypes/Women's Link, Rand Schrader Clinic SP21, Salvation Army" SantaMonica AIDS Project, Santa Maria House, Inc., South Bay Free Clinic, Spectrum, St. Mary's CA R.E. Program, Substance AbuseFoundation, Tarzana Treatment Center, Trinity Home Health Care, Valley Community Clinic, Watts Health Foundation, WattsLabor Community Action Committee, Whittier-Rio Hondo AIDS Project, the Los Angeles Legal Aid Center, and
Initials;>Qfperrur\i()ilti.to.the •.•best(}fmY.kI1QVJledge.that'th~ •.iOf6rmati.Drr·onthisC······ ....
it~f~~'!~1~1t~~t~\~i~i~~~ilj!~j~ii~1~:;g~~~!~ii!~1i~ig1~~I~l'i~:!~~~iii'·N;~·E~F~EPE~~~~CO~~CTE~A~CL;T~OR~~;~iTfLhi ...•.(DATFeOFVERIFlCArlom' arldtb e'ymay @teacn eda;~M~ER'F:R~CA V~~;CXTiOM •.••..•....
Client's Print Name: Client's Signature: Date:Provider's Print Name: Provider's Signature_: __ ~ Date:
EXHIBIT H
Revised 1/18/2012 Page 12
HOPWA PROGRAM INT~~5MENT & HOUSING PLAN FORMS EXHIBIT H
1'il~'V(j'~'rii~Wlt~"Become employed: Increased the quality of their housing:
Attended financial budget counseling: Had utilities shut-off for non-payment: lost a job:
Decreased their R/I: Accessed medical care for the first time: Accessed public benefits for the 1st time:
Missed taking their HIV medication: Missed a medical appointment: Been adherent to mental health plan:
Been adherent to their substance abuse treatment plan: Started seeing a psychosocial case manager for 1st time:
Lost/reduced benefits because of something they did: Relocated closer to support~e services/family/work:
Decreased overcrowding in the home: Relocated closer to community resources: Addressed safety concerns:
Moved into transitional housing from permanent housing: Lived in their current residence for more than 12 months:
Decreased their viral load: Increased their CD4 Count: Engaged in unprotected sexual activity: Ox with new STI:Attended vocational/employment services:
File Audited on:Print Provider's Name: Provider's Signature:Date of Case Conference: Clinical Supervisor's <;i"'n"it"~,,,,·
, , 'CASE CLOSURE'"Print Provider's Name: Provider's Signature: Date: Date of Case Closure:Housing Stability Assessment at time of Case Closure:
Attempts to notify Ct of closure i" Attempt 3' AttemptDate:
Contact Type:Status of IHP;Referrals Provided:Reason for Disenrollment:
EXHIBIT H
Revised 1118/2012 Page 13
EXHIBIT H
INCOME ELIGIBILITY CALCULATION WORKSHEETHOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
This worksheet will determine income eligibility for the HOPWA program.Note income exclusions 011 see pages 2 and 3.
HOPW A Regulation 24CFR5743 Definitions states that an person is eligible for HOPW A housing and services if they arc "low-income" as defined in the AIDS Housing Opportunity Act Section 853(3) which reads: "The term low-income individual means anyindividual OT family whose incomes do not exceed 80 percent of the median income for the area (AMI), as determined by the Secretaryof HUD." Local jurisdictions may impose an eligibility threshold of 50% or 30% AMI with HUn Field Office approval.
*The total income ofthe household (Annual Gross Income) is from all sources anticipated to be received in the12"month period following the effective date of the income certification. Therefore, income must beANNUALIZED, e.g. payment amount X number of payment periods/yr., for all income sources.
1. The full amount, before payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, other compensation for personal services prior topayroll deductions. (Applies to client and all household members 18 and older. For full-timestudents 18 and over, only $480 of annual earned income should be includedhere). $ _
2. Periodic payments from Social Security, annuities, insurance policies, retirementfunds, pensions, disability or death benefits, excluding lump sum payments for thedelayed start of a periodic payment. {Except as provided in (c)(14». $ ---
3. Payments in lieu of eamings, such as unemployment, disability, worker's compensation,and severance pay. (Except as provided in (c)(3»). $ _
4. Welfare Assistance, including payments made under other programs funded,separately or jointly, by federal, state, or local governments which are not excluded byFederal Statutes (see Income Exclusions). $ _
5. Periodic allowances including alimony and child support payments, and regularcontributions or gifts received from organizations or persons not residing in the residence $ _
6. Net income from operation of a business or profession.Interest, dividends, and other net income of any kind from real or personal property.Where net family assets are in excess of $5,000, annual income shall include the greaterof actual income derived from net family assets or a percentage ofthe value of such assetsbased on the current passbook savings rate, as determined by HUD.
7. All regular pay, special pay and allowances of a member of the Armed Forces(Except Hostile Fire Pay). $_--
8. ANNUAL GROSS INCOME* TOTAL OF LINES 1-7Note: Annual income must be reassessed at least annually. However, if there issubstantial change in the household's income during the year, an adjustment must be made $ 0.00to the resident rent to reflect the change in income.
9. Select Area Median Income used for this HOPWAjurisdiction's eligibility threshold:80% AREA MEDIAN INCOME FOR THIS HOUSEHOLD SIZE $50% AREA MEDIAN INCOME FOR THlS HOUSEHOLD SIZE $ _30% AREA MEDIAN INCOME FOR THIS HOUSEHOLD SIZE $ _
Note: 1f# 8 is above applicable Area Median Income (AMI) the applicant is not eligible for HOPWAassistance.
Is applicant eligible for the HOPWA program?
EXHIBIT H
YES NO _
Sample Form Updated: September 2005 Page! 4
Updated: Febof2012 Page 15
EXHIBIT H
ZERO INCOME AFFIDAVIT
I, , have applied for emergency or rental assistance through aHUD program, Program regulations require verification of an income from participating households,
Income includes but is not limited to:'" Gross wages, salaries, overtime pay, commissions, fees, tips and bonuses@ Net income from operation of a business or from rental or real personal property'" Interest, dividends and other net income of any kind for real personal property1& Periodic payments received from Social Security, annuities, insurance policies, retirement funds,
pensions, disability or death benefits and other similar types of period receipts1& Lump sum payment(s) for the delayed start ofa periodic payment (except as provided in 24 CPR 5,609
(b)(5))<Ii Payments in lieu of earnings, such as unemployment and disability compensation, worker's
compensation, and severance pay@ Public assistance<II Alimony and child support payments (whether through the court system or not)1& Regular pay, special pay and allowances of a head of household or spouse who is a member of the
Armed Forces (whether or not living in the dwelling)<I> Regular monetary gifts from family and/or friends
I have stated during this verification process that I have no income at this time, I have not received incomesince , I do not expect to receive any incomeuntil . 1 applied for (otherfinancial assistance) on (date),
1 understand that any misrepresentation of information or failure to disclose information requested onthis form may disqualify me from participation in the program, and may be grounds for termination ofassistance. WARNING: It is unlawful to provide false information to the government when applying for
federal public benefit programs per the Program Fraud Civil Remedies Act of 1986,31 U.S.c. §§ 3801-3812.
I certify that the above information is true and correct. I also understand that it is my responsibility toreport all changes to my household composition or income in writing to within ten (10) business days ofsuch change,
Signature:
Date:
Case Manager/Care Coordinator's Notes:
I
EXHlBlT H
EXHI81THPROGRA!\,1S ASSESSMENT [~ HOUSING PLAN
Release ot Case Mcmaqemen...tfi!!:!!1
This form is intended to facilitate the transfer of a client between providers, In the eventof a change in agencies, this form must be completed and housing specialist/casemanagers should communicate with each other regarding the client's needs andservices, A copy of this document should be kept in the client's file at each provider,
Today's Date: Regarding; _~~~~~~~_D.O.B.:
l, of __(Forwarding Housing Specialist/Case Manager) (Forwarding Agency)
hereby release the above named individual of all housing/case management servicesdue to the following circumstances: _
(Please identify any aberrant forms of behavior)
If applicable, remaining Emergency Voucher Oays: _If applicable, # of times the client has accessed SlRMU assistance in the last year: __If applicable, the date of the last time the client received a PHP grant: _If applicable, please list all the permanent subsidized housing programs the client hasapplied for or is on a waiting list for: _
I, will agree to provide housing/case management(Newly Assigned Housing Specialist/Case Manager)
services to located at _(Client's Name) (Receiving Agency Name and Address)
effective as of -------[Todav's Date)
Forwarding Housing Specialist/Case Manager's (Signature)
Accepting Housing Specialist/Case Manager's (Signature)
Revised 2.8.2012 EXHIBIT H
By signing below the client accepts the above stated transfer of their file,
Client's Signature
(
t..~
( +•..t
t
•......
(\
EXHIBIT I
HOPWA Inventory Policy and Equipment and Furnishings Inventory
Property Controls.· The federal regulations regarding property controls in 24 CFR 84.34(1) are for thepurpose of tracking the assets purchased with grant funds to ensure that they are properly maintained,secure and being used for authorized purposes. Agencies and funders should do a periodic physicalinventory on these items to verify their existence, current utilization and continued need. For thisreason, agencies using federal funds to purchase furnishings, vehicles or equipment for a projectshould keep accurate records including the following: a complete description of the item purchased; aserial or other identification number, the source of funds and grant contract number, the acquisitiondate and the cost. These items are federal property and cannot be disposed of without requestingpermission and guidelines from HOD. If the recipient no longer needs the item for the grant projectit may be used for other activities if the conditions of24 CFR 84.34 (g) are met
CFR 24 Section 84.34 outlines the federal regulations that apply to equipment purchased with grantmonies. A summary of these requirements follows.
.. The recipient will use the equipment in the project fOr which it was acquired as long as needed.When it is no longer needed" for that project, it should be used for other federally-sponsored(particularly HOD) activities, unless compensation is made to HUD [CPR 24 Section 84.34(g)J.The recipient will maintain accurate equipment records including;.DescriptionSerial number, model number, or identification numberSource of federal funds with which equipment was purchasedDate receivedCostLocationCondition when acquiredDate of disposal, if expiredA physical inventory of equipment should be taken every 2 years during which the recipient willverify the existence, current utilization and continued need for the equipmentRecipient is responsible to ensure that adequate maintenance procedures are implemented tokeep the equipment in good condition.If the recipient is authorized to sell the equipment, federal sales procedures must be used [CFR24 Section 84.34(g)].
InventofJ!. Policr.:Equipment and furnishings purchased with federal funds shall be recorded onan inventory list for record keeping and reference if they meet HUD '8
definition of "tangible non-expendable property ... having a useful life of morethan one year ...[CFR Title 24, Part 84.2] and either:» have an acquisition cost of $500 or more, or» can be defined as electronic equipment or a small appliance over $200
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ADOPTEDNovember 09,2010
BOARD OF COMMISSIONERSHOIJSING AUTHORITY
The Honorable Board of CommissionersHousing Authority of theCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, California 90012
#1-H NOVEMBER 9,2010
s~.".//j li'-i{/?jr~}G-Crl{.",. (,1'. 7:.12;:4-2,""-[..(/",---
SACHI A. HAMAlEXECUTIVE OFFICER
Dear Commissioners:
AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE INTERAGENCY AGREEMENTS WITHLOCAL MUNICIPALITIES AND HOUSING AGENCiES RELATING TO SUBSIDiZED HOUSING
PROGRAMS AND GRANTS AS NEEDED(ALL DISTRICTS) (3 VOTES)
SUBJECT
This letter recommends that the Board authorize the Executive Director to execute interagencyagreements between the Housing Authority of the County of Los Angeles (Housing Authority) andother local municipalities and housing agencies relating to subsidized housing programsadministered by the Housing Authority. The interagency agreements will allow for the mutualacceptance of each jurisdiction's vouchers and certificates.
IT IS RECOMMENDED THAT YOUR BOARD:
1. Find that the execution of the Interagency agreements is not subject to the provisions of theCalifornia Environmental Quality Act (CEQA) because the activities are not defined as a projectunder CEQA
2. Authorize the Executive Director to execute the attached interagency agreement with the HousingAuthority of the City of Los Angeles (HACLA), as well as interagency agreements with othermunicipalities and housing agencies within the County, utilizing the same or similar format, relating tosubsidized housing programs as needed in order to maximize utilization of funding and allowprogram participants greater access to affordable housing, foUowing approval as to form by CountyCounsel.
3. Authorize the Executive Director to amend the attached interagency agreement and future
The Honorable Board of Supervisors11/9/2010Page 3
participants more affordable supportive housing choices. Also, the Housing Authority will be able toincrease its lease-up rate in the various programs if it is able to offer clients affordable housingoptions in the City of Los Angeles and other participating municipalities.
A proposed interagency agreement with HAC LA for the VASH program is attached and has beenreviewed by County Counsel, The agreement will be used as a model for interagency agreementswith other municipalities and housing agencies for various affordable housing programs as may beneeded. The agreements would be effective following approval as to form by County Counsel andexecution by at! parties.
ENVIRONMENTAL DOCUMENTATION
Approval of this action is exempt from the provisions of the National Environmental Policy Actpursuant to 24 Code of Federal Regulations, Part 58, Section 58.34 (a)(3) because it involvesadministrative activities that will not have a physical impact on or result in any physical changes tothe environment. This action is not subject to the provisions of CEQA pursuant to State CEOAGuidelines 15060(c)(3) and 15378, because it is not defined as a project under CEQA and does nothave the potential for causing a significant effect on the environment
NEPA and CEQA review and clearance of grant funded projects will be completed on a project byproject basis prior to funding approval for each project
IMPACT ON CURRENT SERViCES (OR PROJECTS)
The proposed actions will allow families who participate in the Housing Authority's subsidizedhousing programs to access affordable housing throughout the unincorporated County, the cities ofLos Angeles, Pasadena, and Inglewood, and in the jurisdictions of other participating municipalitiesand housing agencies within the County.
Respectfully submitted,
SEAN ROGANExecutive Director
SRgc
Enclosures
EXHIBITM
HOPWABUDGETOctober 1, 2011 - March 31, 2012
Page J of2
Agency Name: Housing Authority of the County of Los AngelesComponent Name: Tenant Based Rental AssistanceReimbursement Period: October 1,2011 - March 31,2012
Contract No. ~ _
Program COSTS - POSITIONSProgram COSTS (Total)
Position Title/ Gross Actual Monthly Salary/Actual Employee Title No. of Monthsl% HOPWA Time Employee Name Total CostsHOPWA Funded Staff Position Program Employee #1 @ 70% Cynthia Corral s 16,883.25HOPWA Funded Staff Position Program Employee #2 @ 10% Maria Saenz s 2,488.84HOPWA Funded Staff Position Inspector (% various; actual time chs Samone Willis s 2,061.22
s -s -
One line for each position SUB-TOTAL s ·21,433.31
PERSONNEL COSTS - FRINGE BENEFITSEMPLOYEE BENEFITS (Total)Positions Type of Benefit Total CostsAll HOPWA Funded FICA@% $ -All HOPWA Funded Workers Compensation @ % s -All HOPW A Funded SUI: @% s -All HOPW A Funded Hcalth@% $ -All HOPWA Funded Other: $ -
SUB-TOTAL ......'.':....•[email protected]%OfSalarieS . $. ..... ·0,566.69
TRANSPORTATIONTRANSPORTATION (Clients ONLY) ~Housing Type Service Provided Total CostsSupportive Services Agency Van/Car $ .Shelter Bus Tokens s -Housing Sites Taxi Vouchers s -Other/Specify Other/Specify $ ~
SUB-TOTAL $ -Per the RFP, eligible transportation costs are those associated with transportingclients to supportive services and to shelter and housing sites
CONSULTANTCONSULTANT SERVICESService Provider Name Services Provided Total Costs123 Consulting Mental Health Counseling $ -456 Consulting Substance Abuse Counsel. $ -Third Party Name Other/Specify s ~
SUB~TOTAL s -
EXHlBITM
HOPW A BUDGETOctober 1,2011 - March 31, 2012
Page 2 of2
Agency Name: Housing Authority of the County of Los AngelesComponent Name: Tenant Based Rental AssistanceReimbursement Period: October 1,2011 - March 31, 2012
Contract No. _
LEASE COSTSLEASESLocation(s) HOPWA Housing Units Total CostsAddress Number of Beds s ~Address Location of Housing Case Manager $ ~Additional Address Other/Specifv s -
SUB-TOTAL s -...Per the RFP, eligible lease costs are those associated with leasing facilities/unitsthat provide housing through the HOPW A Grant
OPERATING COSTSOPERA TING COSTSLocationfs) Services Provided Total CostsVarious Tenant Based $ 158,000.00
$ -$ -$ -$ -s -s -$ -$ ~$ -s -s$ -$ -
SUB-TOTAL s 158,000.00
ADMINISTRA nONADMINISTRATION -7% MAXIMUMLocation(s) Services Provided Employee Name Total Costs12131 Telegraph Rd. , SFS Program Supervisor@ 8% Maureen Fabricante - s 4,331.0412131 Telegraph Rd. , SFS Contract Supervisor @ 7% Georganne Colvin s 3,385.1412130 Telegraph Rd. , SFS Financial/Budget Analyst lal 5% Andy Fernandez $ 2,144.52
SUBTOTAL ·.·$········.9;86030
12125 Telegraph na., SFS Office Space s 625.0012124 Telegraph Rd. , SFS OtherlMail $ 125.0012123 Telegraph Rd. , SFS Otber/Emergency Prep. s 25.0012122 Telegraph Rd. , SFS Telephones/Cell Phones $ 25.0012121 Telegraph Rd., SFS Legal Expenses s 25.0012120 Telegraph Rd. , SFS CPU Services $ 1,139,3012119 Telegraph Rd. , SFS Staff Training $ 250012118 Telegraph Rd. , SFS Other/Build, Maint. $ 175.0012] 17 Telegraph Rd. , SFS Other/Records Mgmt, $ 125.0012116 Telegraph Rd., SFS Other/Rideshare s 25.0012115 Telegraph Rd. ,SFS Other/IT Services $ 1,725.0012114 Telegraph Rd. , SFS Other/Corp. Office Utilities s 75.0012113 Telegraph Rd .. SFS Other/General Ins. s 25,00Additional Address Other/Specify $ -
SUB-TOTAL s 14,000.00" "Please review OMB CIrcular AI22 "Cost Principles for Non-Profit Organizations pnor to submission,
Allowable costs must be reasonable, ordinary and necessary for the performance of the award.
GRAND TOTAL
EXHIBIT Ml
HOPW A BUDGETApril 1, 2012 - March 31, 2013
Page 1 of2
Agency Name: Housing Authority of the County of Los AngelesComponent Name: Tenant Based Rental AssistanceReimbursement Period: April 1,2012 - March 31, 2013
Contract No. ~~----
P COSTS POSITIONSrogram -Program COSTS (Total)
Posi tion Title/ Gross Actual Monthly Salary/Actual Employee Title No. of Months/% HOPWA Time Employee Name Total CostsHOPWA Funded Staff Position Program Employee #1 @ 70% Cynthia Corral $ 33,766.50HOPWA Funded Staff Position Program Employee #2 @ 8% Maria Saenz $ 3,982.15HOPWA Funded Staff Position Inspector (% various; actual time chs Samone Willis $ 412.24
$ -$ .
One line for each position SUB-TOTAL $....,'·.,,38,160.89
EMPLOYEE BENEFITS (Total)Positions T e of Benefit Total Costs
PERSONNEL COSTS - FRINGE BENEFITS
All HOPWA Funded FICA @ %All HOPWA Funded Workers Compensation @ %All HOPWA Funded SUI; @%All HOPWA Funded Health @ %All HOPW A Funded Other:
sss$
$===SUB-TOTAL ·[email protected]/'···
TRANSPORTATIONTRANSPORTATION (Clients ONLY)-Housing Type Service Provided Total CostsSupporti ve Services Agency Van/Car s -Shelter Bus Tokens s -Housing Sites Taxi Vouchers s -Other/Specify Other/Specifv s -
SUB-TOTAL s ~Per the RFP, eligible transportation costs are those associated With transportingclients to supportive services and to shelter and housing sites
CONSULTANTCONSULTANT SERVICESService Provider Name Services Provided Total Costs123 Consulting Mental Health Counseling s -456 Consulting Substance Abuse Counsel. s -Third Party Name Other/Specify $ "
SUB-TOTAL s -
EXHIBIT Ml
HOPW A BUDGETApril 1, 2012 ~March 31, 2013
Page 2 of2
Agency Name: Housing Authority of the County of Los AngelesComponent Name: Tenant Based Rental AssistanceReimbursement Period: April l, 2012 - March 31, 2013
Contract No. ~~_
LEASE COSTSLEASESLocation( s) HOPWA Housing Units Total CostsAddress Number of Beds $ .Address Location of Housing Case Manager s -Additional Address Other/Specify $ -
SUB-TOTAL s ~. . ...
Per the RFP, eligible lease costs are those associated With leasing facilities/unitsthat provide housing through the HOPWA Grant
OPERATING COSTSOPERATING COSTSLocation(s) Services Provided Total CostsVarious Tenant Based s 182,220.00
.$ -
.$ -
.$ -$ -$ -$ -s -s$ -s -s -s -$ -
SUB-TOTAL s 182,220.00 I
ADMINISTRATION - 7% MAXIMUMLocation( s) Services Provided Emplovce Name Total Costs12131 Telegraph Rd. , SFS Program Supervisor @ 8% Maureen Fabricante $ 8,105.0512131 Telegraph Rd. , SFS Contract Supervisor @ 7% Georganne Colvin s 6,336.0212130 Telegraph Rd. , SFS Financial/Budget Analyst 0l 5% Andy Fernandez s 4,013.93
SUBTOTAL '.$ .........····18;455;00
12125 Telegraph Rd. , SFS Office Space $ 1,000.0012124 Telegraph Rd. , SFS OtherlMaii $ 250.0012123 Telegraph Rd., SFS Other/Emergency Prep, $ 50.0012122 Telegraph Rd. , SFS Telephones/CeI! Phones $ 50.0012121 Telegraph Rd., SFS Legal Expenses $ 50.0012120 Telegraph Rd. , SFS CPU Services s 2,000.0012119 Telegraph Rd. , SFS S taff Training s 75.0012118 Telegraph Rd. , SFS Other/Build. Maint. $ 350.00121] 7 Telegraph Rd. , SFS Other/Records Mgmt. $ 250.0012116 Telegraph Rd. ,SFS Other/Rideshare $ 50.0012115 Telegraph Rd. , SFS Other/IT Services s 2,000.0012114 Telegraph Rd. , SFS Other/Corp. Office Utilities $ 150.0012113 Telegraph Rd. , SFS Other/General Ins. s 50.00Additional Address Other/Snecifv s -
SUB·TOTAL_." s 24,780
Please review OMB CIrcular Al22 "Cost Principles for Non-Profit Organizations" prior to submission,Allowable costs must be reasonable, ordinary and necessary for the performance of the award,
GRAND TOTAL 257,OOO~?O~
ADMINISTRATION
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