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HomeMy WebLinkAbout2013/09/10 Item 09 � - -- � �-� ��� CITY COUNCIL � '- � _ AGENDA STATEMENT � . � `.��� ��tr, anoF '�`CHULAVISTA September 10, 2013; Item� ITE11 TITLE: RESOLUTIO\T OF THE CITl' COUI�iCIL OF THE CITY' OF CHULA VISTA AUTHORIZII�TG THE CITY I��\'AGER OR HIS DESIGNEE TO EXECUTE AI� AGREENIENT BET\\'EEN CSA OF S�\' DIEGO COU�TTl' AI�TD THE CITY OF CHULA VISTA FOR THE PROVISIO\' OF FAIR HOUSII�rG AI�'D TENAI�TT-LAI�TDLORD DISPUTE SERVICES .AND AUTHORIZII�'G THE PURCHASII�'G AGE\TT TO EXECliTE THREE ONE-YEAR OPTIOI�TS TO EXTEI�'D THE AGREEA�fEI�'T SUBA'IITTED BI': DIRECTOR OF DEVELOPNLE\TT SERVICES �� RE�'IE«'ED BI': CITY MANAGER /}(� A� .1�1f/ � � 4/STHS VOTE: 1'ES � NO � SUT��IRI' The City of Chula Vista issued a Request for Proposals (`RFP") for the provision of Fair Housine and Tenant-Landlord Dispute Services through tlie Ciri�`s Planet Bids s��stem. T��o responses n�ere received b�� submittal deadline. Through the re��ie��° process; the selection committee determined CSA of San Dieeo Counri� (CSA) as the Program Administrator for the Cit}'s program. This action appro��es the contract; with an "Authorization Lunir' up to 53�;000 throuQh June 2014, and authorizes the purchasin2 aQent to esecute three (3) additional one-year options to extend in amounts not to exceed $3�.000. for a maximum authorized amount of�140.000. ENVIRON�ZENTAL RE�'IE�V The Environmental Review Coordinator has revie���ed the proposed action for compliance �vith the National Environmental Protection Act (I�TEPA) due to the use of Federal funds and has determined that pursuant to Section �830 (b), Subpart D; Title 24 oF the Code Federal Regulations= further review and em�ironmental detennination as appropriate; ��711 be required for each project as it is identified. Thus; no further NEPA em�ironmental review or documentation is necessarv at this time. REC0��4ENDATION Council adopt the resolution. 9-1 September 10, 2013,ltem� Page 2 of 3 BOARDS/COA'IMISSION RECOMIVIENDATION Not applicable. DISCUSSION As a condition of receiving its Federal Community Development Block Grant ("CDBG") fundin� from the U.S. Department of Housing and Urban Development ("HiJD '); the City is required to certif}� that it ti�ill meet the requirements of the Fair Housing Act (42 U.S.C. 3601-20), Proposed Rules in Federal Register Notice -5173-P-01 (Vol. 78; No., 139); as well as 24 CFR Parts �; 91, 92, 570; 574, 576, and 903, to af£irmatively further fair housing. The City of Chula Vista contracts for this service since it is more cost- effective than providing such services in-house and ensw•es assistance from qualified and experienced third-parq�professionals in this highly specialized field. On July 12, 2013, an RFP ��as issued for agencies interested in providing Fair Housing Services and Tenant-Landlord Dispute Services for the City of Chula Vista. Although nine parties do�a�nloaded a copv of the RFP throueh the City's Planet Bids; only three agencies, CSA of San Die�o County (CSA), Legal Aid Society of San Diego County (LASSD), and South Bay Community Services (SBCS); attended the mandatory pre- submittal conference held on July 24�h. Applications from CSA and SBCS were submitted by the deadline. An application froin LASSD was submitted past the deadline and therefore not eligible for consideration. A selection committee has revie���ed the applications received. CSA ��as selected based upon their eatensi��e e:.perience for this type of service and could best meet the City`s goals and objectives in compliance with the U.S. Department of Housing and Urban De��elopment's ("HUD ') Fair Housing requirements. CSA as Administrator: CSA has a regional presence and is currently servii7g as the Fair Housing administrator for the cities of El Cajon, National City; La A4esa, Santee, Carlsbad, and certain parts of East County as a sub-contractor within tl�e County's jurisdiction. The day-to-day fair housin� and tenant/landlord services are to be performed by bilingual staff with over 40 years of accumulated e�pertise in the area of housing, as ���ell as social services, government services, business, and data management. Scooe of Work: The follo���ing itemizes the proposed scope of work to be perfonned by CSA, including but not limited to: o Processing of Fair Housing Inquiries and Tenai�t-Landlord Issues to determine appropriate referrals, including assistance in filing complaints to HUD or the Department of Fair Employment and Housing (DFBN), as appropriate and with a focus on Fair Housing; • De��eloping fair housing outreach/fraining materials and participation in regional fair housing activities; 9-2 September 10; 20li, Item 9 Pase 3 of 3 • Oversee the Citv`s Affirmative Fair Housine A4azketine Plan: • litilization of the current Anal}'sis of Impediments of Fair Housing Choice and Compilation of Information for the 2010-201� Cin�'s Anal��sis of Impediments (AI) of Fair Housing Report; • Assistine the Citv meet its Affirmati��ely Furtherine Fair Housine requirements; and, • Provine input in the development of the 201�-2020 AI. DECISION n4AKER CONFLICT Staff has re<<ie�j�ed the decision contemplated by this action and has determined that it is not site specific and consequentl�� the �00 foot rule found in California Code of Rewlations section 18704.2(a)(1) is not applicable to this decision. CURRENT I'EAR FISCAL I17PACT The action tonieht �vill utilize up to �35;000 in CDBG funds for Fiscal Yeaz 20li/2014 (�FY 13/04'-) and �10�;000 in CDBG funds for each of the contraci extension options thereafrer. for a total `�Authorization Limir' not to eaceed $140.000. FY li/14 funds aze budgeted and available in the existino bud�et. Future fiscal vears «ill be budseted through the annual budeet process. ONGOING FISCAL IMPACT There is no onsoing fiscal impact to the Citv`s General Fund as project and staffcosts aze covered by the erants. ATTACHI'IENT 1. Two Partv Aereement Prepared b}': Jose Dorado, Project Coordinator, Derelopment Services Deparnnent, Housutg DitiisiO�t 9-3 COUNCIL RESOLUTION NO. RESOLUTIOI�' OF THE CITY COLJNCIL OF THE CITY OF CHULA VISTA AUTHORIZiNG THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT BETV��EEN CSA OF SAN DIEGO COiINTY AND THE CITY OF CHLiLA VISTA FOR THE PROVISION OF FAIR HOUSING AND TENANT-LAI�'DLORD DISPUTE SERVICES AND AUTHORIZII`'G THE PURCHASING AGENT TO EXECUTE THREE ONE-YEAR OPTIONS TO E7iTEND THE AGREEMENT R'HEREAS; as a condition of receiving Federal funding from the U.S. Department of Housing and Urban Development, the City is required to certify that it will meet the requirements in the Fair Housing Act (42 U.S.C. 3601-20), as well as24 CFR Parts 5, 91; 92, 570; �74, 576; and 903, which sets forth the City's responsibility to affirmatively further fair housine: and WHEREAS, on July 14, 2013 the City �of Chula Vista solicited proposals for the provision of fair housing and tenant-landlord services for the remainder of fiscal year 2013/2014 with options to ehtend by mutual agreemenf for up to three years, in one-year increments; and WHEREAS, based on qualifications and proposals received, the City selected and desires to enter into a two-party agreement wifh CSA of San Diego County to administer fair housing and tenant-landlord services ("Agreement ) in an amount not to exceed $35,000, with three (3) ' one-year options to eatend in amounts not to exceed $35;000 each year, for a maximum authorized amount of $140;000, contingent upon availability of fundine from the U.S Department of Housing and Urban Development. NOW; THEREPORE, BE IT RESOLVED based on the findings above, the City Counci] of the City of Chula Vista does hereby authorize the City manager or his designee to execute the Agreement in an amount not to exceed $35,000, with three (3) one-year options to extend in amounts not to exceed $3�,000, for a maximum authorized a�nount of $140,000; and authorize the purchasing agent to execute three (3) one (1) year options to extend. � Presented by Approved as to form by Kelley G. Broughton Glen R. Googins Development Services Director City Attomey J:Waorney\FIi�'AL RESOS AND ORDINANCES�2013\09 10 13UtES0 Fair Housing.doc 9/4/2013 3:93 P\1 9-4 THE ATTACHED AGREbI�g\iT HAS BEE\T REViE«-ED AI�TD APPROVED AS TO FORM BI' THE CITI' ATTOR!\�EY'S OFFICE AI�TD �T�%ILL BE FORMALLI' SIGI�TED UPO\T APPROVAL.BY TI� CITY COUT'CIL .���!`', /�'c Glen R. GooQins Citv Attornev Dated: �3 3 CO\T1'RACT FOR MANAGEMENT AI�iD IMPLEMENTATOI�T OF A COMMUI�TITY DEVELOPME\TT BLOCK GRANT PROJECT 2013-2014 BET�'IJEEv THE CITY OF CHULA VISTA AI�TD CSA OF SAI�T DIEGO COLTNTY 9-5 Attachment 1 City of Chula Vista Contractor Agreement 2013-2014 Program Year Fair Housing and Tenant Landlord Dispute Services CSA of San Diego County September 11, 2013-June 30, 2014 s-s CONTRACT fOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROIECT 2013-2014 This contract, numbered . is entered into by and between CSA of San Diego County ("Contractoi") and the City of Chula Vista ("City") on September 11, 2013 ("Effective Date") for the purpose of having Contractor implement and perform work on the 2013-2014 Fair Housing and Tenant/Landlord Dispute Services as set forth herein and in the incorporated documents and attachments. RECITAL$ WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "ACY'),Title I, Part 24, Section 570, Public Law 93-383, 88 Stat. 633,42 U.S.0 5301-5321 with the primary objedive of development of viable urban communities by providing federal assistance for community development activities in urban areas through the Community Development Block Grant Program (Catalog of Federal Domestic Assistance Number 14.218). WHEREAS,the City, is authorized to apply for and accept Community Development Block Grant funds; WHEREAS, City incorporated Fair Housing and Tenant Landlord/Dispute Services project described in Attachment"A" hereof (hereinafter referred to as the "ProjecY') into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development(HUD); WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; WHEREAS, it is the desire of the Contrador and the City that the Project be implemented by the Contractor; WHEREAS, the Contractor shall undertake the same obligations to the City with respect to-the Project in the Cit�/s aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; and WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW,THEREFORE, BE IT RESOLVED that the City and Contrac[or do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. � � 2013-2014 CDBG Agreement � Page 1 of 17 9—� ARTICLE I. CONTRACTOR OBLIGATIONS A. Generel. l . Work to be Performed. Contractor shall implement the scope of work ("Scope of Work") described in Attachment A and B, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifitations form is hereby incorporated by reference into this contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said A�nual Funding Plan and Certifications. The obligations undertaken by Contractor include, but are not limited to,the obligation to, as applicable, comply with each of the following as may be amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC § 5301, etseq.); - , b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, etseq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d);Title VII of the Civil Rights Ad of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. All section 3 covered contracts shall include the following clause (referred to as the"section 3 clause"): i. The work to be performed under this contract is subject to the requirements of sedion 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this section 3 tlause, and will - 2013-2014 CDBG Agreement Page 2 of 17 9-8 post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notite. The notite shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person�s)taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Contractor agrees to include this sec[ion 3 clause in every subcontract subjed to compliance with regulations in 24 CFR part 135, and agrees to take appropriate adion, as provided in an applicable provision of the subcontrad or in this section 3 clause, upon a finding that the sub-Contractor is in violation of the regulations in 24 CFR part 135.The Contractor will not subcontrad with any sub-Contractor where the Contractor has notice or knowledge that the sub Contrac[or has been found in violation.of the regulations in 24 CFR part 135. v. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is seleded but before the contrad is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135. vi. Noncompliante with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act {z5 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest e�ent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preferente in the award of contracts and subcontrads shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subjed to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979,42 USC§4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Cirtular A-110 entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations" h. Grant administration requirements as described in 24 CFR 570.504, which requires Contractor to return any program income earned by Contractor in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Contractor shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable � 2013-2014 CDBG Agreemeni Page 3 of 17 9-9 attributable to the use of Community Development Block Grant funds. Any real property under Contractors control acquired or improved in whole or in part with.Community Development Block , Grent funds in extess of$25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five-year period pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract; i. 24 CFR 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places: National Historit Preservation Act of 1966 (Public Law 89-665�; the Historical and Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; k. The Labor Standards Regulations set forth in 24 CFR 570.603; I. Labor Code section 1771 concerning prevailing wages; m. The Hatch Act relating to the conduct of political activities (5 U.S.C. § 1501, etseq.); n. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, et seq., and the implementing regu(ations in 44 CFR Parts 59-78); o. The Rehabilitation Act of,1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act(42 U.S.C. 4 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U:S.C. § 1251, etseq.) and the regulations adopted pursuant thereto (40 CFR Part 6); q. The Drug-Free Workplace Act of 1988(Public Law 100-690j; r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; s. No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other publit official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the � - 2013-2014 CDBG Agreement � � Page 4 of 17 9-10 program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all suth contrads or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; t. The Contractor certifies,that in accordance with Section 319 of Public Law 101-121,to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behaif of the undersigned,to any person for influencing or attempting to.influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of.any federal contrad, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the eMension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If.any funds other than federal appropriated funds have-been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall tomplete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; u. The Architecturel Barriers Ad of 1968(42 U.S.C. §4151,eiseq.); v. The Rehabilitation Ad of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8. Section 504 of the Rehabilitation Act of 1973 prohibits distrimination against persons with disabilities in the operation of programs reteiving federal finantial assistance. HUD regulations implementing Section 504 contain accessibility requirements for new construction and rehabilitation of housing as well as requirements for ensuring that the programs themseives are operated in a manner that is accessible to and usable by persons with disabilities. Both individual units and the common areas of buildings must be accessible under Section 504. Section 504 states that "no qualified individuals with a disability in the United States shall be extluded from; denied the benefits of, or be subject to discrimination under' any program or activity that receives Federal financial assistance. Requirements common to these regulations include program accessibility; effedive communication with people who have hearing or vision disabilities; and accessible new construction and alterations (See 24 CFR Part 8). w. The Americans with Disabilities Act(42 U.S.C. § 12101); x. The bonding requirements described in 24 CFR Part 8536 required for construction or facility improvement contrects or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference; y. Prior to award of any contracts or subcontrads, City and Contractor shall verify that contractor or subcontrador is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; �� � 2013-2014 CDBG Agreement _ Page 5 of 17 9—� � z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); aa. Grantee shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170�, including any subsequent amendments. bb. Contrector shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and cc. Contractor shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Contractor to comply with the requirements of any such obligation. B. Compliance with Laws. Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Contractor shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. C. Insurance. Contractor agrees to comply with the insurance requirements as set forth below: 1. General Contractor must procure and maintain, during the period.of performante of this tontract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of Califorriia and Employers Liability Insurance. " (d) E&0. Professional Liability or Errors& Omissions Liability insurance appropriate to the Contractor's - � 2013-2014 CD86 Agreement . Page 6 of 17 9-1 2 profession.Architec[s' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: i.General Liability: 51,000,000 per occurrence for bodily injury, personal iojury,(including � (Induding death),and property damage. If Commercial General Liability insurance operations,products with a general aggregate limit is used, either the general aggregate limit and completed must apply�separately to this project/location or the general aggregate limit operations,as must be iwice the required otcurrence limit. applicable) � ii.Automobile Liability: ( $1,000,000 per accident for bodily injury, including death, and property damage. iii.Workers' ( Statutory Compensation� $1,000,000 each accident - - Employers Liability: $1,000,000 disease-policy limit 51,000,000 disease-each empioyee iv.Professional Liability 51,000,000 each occurrence or Errors& � - Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers;or the Contrador will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and"defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability,and where appropriate,the worker's compensation policies are to contain,or be endorsed to contain,the following provisions: (a) Additionol lnsureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contrador, where applicable, and, with resped to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractors insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) P�imory Insurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Contrattor and in no way relieves the Contractor from its responsibility to provide insurance. (c) Concelloiion. The insurance polities required must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified - 2013-2014 CDBG Agreement _ � � Page 7 of 17 9-13 mail, return receipt requested. The words "will endeavor' and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Woiver of Subrogotion. Contractor insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a daims-made form: (a) Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Mointenonce ond Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five(5)years after completion of the contract work. (c) Concellotion. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptabilitv of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. BesYs rating of no less than A V. It insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. BesYs rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Covera�e. Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contratt requirements. All certificates and endorsements are to be received and.approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Oblieations. Insurance provisions under this Article shall not be construed to limit the Contractor's obligations under this contract, including Indemnity. . � 2013-2014 CDBG Agreement � � - . Page 8 of 17 9-14 ARTICLE II. CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Contrac[or for the costs it inturs for-work Performed under this contract not to exceed a maximum reimbursement of $35,000. Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this contrad. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Contractor may be reimbursed only to the extent and in the amounts that funds have been made available pursuant to applications for Federal assistante. No City funds in excess of those provided by the Federal government under such applications may be the source of reimbursement u�der this Contrett. 3. Compensation Schedule. City shall pay Contrador quarterly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90%of the total agreed compensation will be paid during the performance of this contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as fina� in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. a. Claim Due Dates. Contractor shall submit quarterly claims to the City by the deadlines listed below in order to meet HUD's strict expenditure standards: 1"Quarter(July 1-September 30j: Due October 15 2ndQuarter(October 1-December 31): Due lanuary 15 3rd Quarter(Januaryl- March 31): Due April 15 4`h Quarter(April 1—June 30): Due July 15 Failure to submit claims by these deadlines may result in recapturing of the grant funds. Any extension requests must be approved by all parties. 4. Indirect Costs. If indired costs are charged, the Contractor will develop an indired cost allocation plan for determining the appropriate Contredors share of administrative costs and shall submit such plan to the City for approval. 5. Expenditure Standard. In order to insure effedive administration and performance of approved CDBG Projects and to meet HUD performance standards;Contractor agrees that it shall expedite implementation of the Project destribed herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period,the City shall notify the Contractor of the expenditure and implementation deficienty. Contractor will have a total of 60 days from the date of the Cit�/s written notification to correct the deficiency. If the deficiency is not corrected within that time; Contractor agrees that the City may reallocate the amount of the expenditure deficienty. . - � 2013-2014 CDBG Agreemeni � Page 9 of 17 9-15 ARTICLE III. ETHICS A. Financial Interests of Contrector l. Disclosure Required. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Contractor' for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the � City or the City Attomey,thereby bemming an"FPPC filer." 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this contract. 3. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best ot Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this tontract. 4. Promise Not to Acquire Conflictina Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contrad which would constitute a conflict of interest as prohibited by the Fair Political Practices Ad. 5. Dutv to Advise of Conflictin� Interests. Regardless of whether Contractor is designated as an FPPC Filer, ContracYOr further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. Specifit Warranties A�ainst Economit Interests. Contractor warrants, represents and agrees: (a) That neither Contractor, nor immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b)That no promise of future employment, remuneration, consideration,gratuity or other reward or gain has been made to Contractor or Contrector's Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thiereafter. (c) That Contractor Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of - 2013-2014 CDBG Agreement � Page 10 of 17 9-16 City. (d) That Contrador may not conduct or solicit any business for any party to this contrad, or for any third party that may be in conflict with Contractors responsibilities under this contrad, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity,and Hold Harmless. 1. General Requirement. City shall not be liable for, and Contractor shall defend and indemnify City and its offiters, agents; employees and volunteers, against any and all injury to person, intluding death and dismemberment, or property (real or personal), claims, deductibles, self-insured retentions, demands, liability,judgments, awards,fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims'), which arise out of or are in any way connected with the work covered by this contract arising either directly or indiredly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2. Additional Requirement. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by Gity), reimburse, and hold City and its officers, employees, and agents harmless from any tlaims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, Contradors' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteretion or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date;or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person,corporation, partnership or entity other than City. � " � 2013-2014 CDBG Agreemeni Page 11 of 17 9-17 The foregoing environmental indemnities shall survive the expiration or termination of the contrad, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Contrattor obligation to defend, at Contractor s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Contractor obligation to indemnify shall not be restricted to insurante proceeds, if any, received by the City, its directors,ofFicials, officers, employees, agents, and/or volunteers. 5. Declarations. Contractor's obligations under Article IV shall not be limited by any prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. Survival. The foregoing indemnities shall survive the expiration or termination of the contrad any or any transfer of all or any portion of the Premises, or of any interest in this contract and shall be governed by the laws of the State of California. ARTICLE V.TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contrac.t after thirty days' written notice of intent to terminate has been given to the other party. However, no notice of termination given by Contrador shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed.in Attachment "A") shall, at the option of the City, become City's sole and extlusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on aVailable funds under the CDBG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. Automatic Termination. This contract shall terminate at the discretion of the City if the United States Government terminates the CDBG Program or the Project. City shall provide written notice to Contractor of the intent to terminate under such grounds. In that event, all finished and untinished documents and other materials described herein (including but not limited to items distussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effedive date of such te�mination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. � 2013-2014 CDBG Agreement � . Page 12 of 17 9—� 8 C. Termination of Contrect for Cause. Contractor and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the Cit�/s application and that City is responsible for the proper performance of the Projed. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the'Project identified in this contract, or if Contrador violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contrador violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the contract, Contractor shall remain liable to City for all damages sustained by City due to Contractors failure to fulfill any provisions of this contract, and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is determined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Contrac[ols project. All records of the Contractor related to this contred or work perFormed under the contrad shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. B. Retention. The Contractor shall retain all financial records, supporting dotuments, statistical records, and all other records pertinent to the contract for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the contract are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. C. Data. The Contractor shall maintain data demonstrating eligibility (low-moderate locations)for services provided. Suth data shall intlude, but not be limited to exact location of the work performed, and_a description of service provided. Such information shall be made available to City monitors or their designees for review upon request. D. Disclosure. The Contrador understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Cit�/s or Contractors responsibilities with respect to services provided under this contract, is prohibited by federal privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. E. Quarterly Reports/Consolidated Annual Performance Evaluation Report (CAPER). Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the tontract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter, and number of unduplicated clients served. In addition, Contrador will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timety manner will result in withholding of CDBG funds until the report has been submitted. Evidence of match must be submitted with each quarterly and annuai report (CAPER). . - 2013-2014 CDBG Agreement Page 13 of ll 9-19 a. Due Dates. • ln Quarter(July 1-September 30): Due October 15 . 2nd Quarter(October 1- December 31): Due January 15 • 3rd Quarter(Januaryl- March 31): Due April 15 • 4`h and Final (April 1—lune 31): Due July 15 ARTICLE VII. PROJECT COMPLETION,AUDIT,AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, ContraMOr agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Contractors.. Contrector agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has remitted the proper refund. The Contrador agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contract or any unmet requirements set forth in a written notification from City. ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administretion. The City Manager or designee, shall administer this contract on behalf of the City. The Executive Director of CSA of San Diego County shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contrador's performance of this contrad. B. Term. The term of this contract shall start on the 11"' day of September 2013 and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under ttie contract. Services of the Contractor shall start on the llth day of September and end on the 30`" day of June 30, 2014. With City approval,the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG.funds or other CDBG assets, including program income. This agreement may also be extended by mutual agreement for up to three(3) years, in one year increments through June 30, 2017. - C. Actions on Behalf of the City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor shall have no authority, express or implied,to bind City or its members, agents, or employees,to any obligation whatsoever, unless expressly provided in this Agreement. D. No Obligations to Third Parties. In connection with the Project, Contractor agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any � � . 2013-2014 CDBG Agreement � Page 14 of 17 � . 9-20 third party, including iu agents, employees, subcontractors, or other person or entity that is not a party to this contract.. Notwithstanding that the City may have concurred in or approved any solicitation, subtontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administretive Claims Requiremenu and Procedures. No suit or arbitration shall be brought arising out of this contract, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended,the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. .Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this. Agreement. F. Attorne�/s Fees. Should a dispute arising out of this contrad result in litigation, it is agreed that the prevailing party shail be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and tourt costs inturred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this contrad, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contrad shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.Venue for this contract, and performance hereunder, shall be the City of Chula Vista. I. Audit Costs. Contractor. shall reimburse City for all tosts inturred to investigate and audit Contrattors performance of its duties under the Contract if Contractor is subsequently found to have violated the terms of the contrac[. Reimbursement shall.include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this contrad. 1. Precedence. This contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This contract may not be modified except by written amendment executed by each party. K. Acknowledgement of Funding. Contractor shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the Cit�/s funding roles, for example, should be included in publicity materials related to the Project. In addition, Contractor agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any,the City would assume. L. No Waiver. No failure, inaction, neglect or delay by City in ekercising any of its rights under this Contract shall operate as a waiver,forfeiture or abandonment of such rights or any other rights under this Contract. M. Notice. Any. notice'or notices required or permitted to be given pursuant to this contract shall be personally served by the party giving notice or shall be served by tertified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: � 2013-2014 CDBG Agreement � _ . Page 15 of ll 9-2� Contractor: City: £CS�A'of,San D�ego Countyf���;;� ,`, .����.���„� City of Chula Vista F?"+d'� 1'"?>c.m`! d fLe- � ♦ ¢�Executroe Directoryr�,�;,�;��'afr�� r � ���, %� Housing Manager �� �����"���� ���`� �.,���� ; � 276 Fourth Avenue 131�AvocadoAvenuea � � 4�'�'� � sry cq �x.y,a r ,F�Zb � �.;�+ ���rw�st�a �,J'�+i'x� EI.Ca�on=:CA 92020e a"�?�t���,�`,�* �,o(�.`_y;�•:. Chula Vista, CA 91910 (Signature page to follow) � 2013-2014 CDBG Agreement � Page 16 of 17 9-22 SIGNATURE PAGE IN WITNESS WHEREOF,the Contractor and City have executed this contract as of the date first written above. CITY OF CHULA VISTA lames D. Sandoval City Manager, City of Chula Vista APPROVED AS TO FORM Glen R. Googins City Attorney ATTEST Donna Norris, City Clerk . CONTRACfOR Employer Federal Tax ID r- 27-3317344 DUNS ID: 078422899 ����� Estela De Las Rios, Executive Director 2013-2014 CDBG Agreement Page 17 of 17 9-23 ATTACHMENT A "2013-2014 SCOPE OF WORK AND BUDGET° A. ACTIVITIES � � 1. General: The Contractor will be responsible for administering a Community Development Blotk Grant (CDBG) program in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. Contractor shall provide fair housing and tenant-landlord dispute services to include, but not limited to: advocacy, outreach and education; technical training opportunities for housing staff and providers; maintenance of fair housing discrimination investigations; intake and enforcement processes; collaborations and/or linkages with other entities which further strengthen fair housing activities in the City of Chula Vista. • Type of Projett: Planning and Administration � - • Project Location:City Wide • Matrix Code:21D � • Basit Eligibility Citation:§570105 and §570.206 , B. PROGRAM DELIVERY A. Activitv Description:CSA of San Diego County(CSA)intends to provide fair services that will include: Contractor shall provide services to meet the requirements of the Fair Housing Act (42 U.S.C. 3601- 20) for the City of Chula Vista in compliance with the provisions of Federal regulations governing Community Development Block Grant (CDBG) funds, particularly 24 CFR Parts 24, 85, 135, and 570, and OMB Circulars A-122. Contractor shall Protess Fair Housing Inquiries and Tenant-Landlord Issues, including but not limited to: • Receive and screen inquiries/complaints and arrive at a preliminary determination of which cases have fair housing implications and which do not. • Assist and/or refer complainants of fair housing issues and tenant-landlord disputes to the �ppropriate competent legal resources or dispute resolution agencies when appropriate. This includes compilation of evidence and declarations for fair housing cases including interviewing witnesses, reviewing rental agreements, testing, analysis of rental, sales, and mortgage data, rules,funding sources obligations, etc. • Assist claimants with fair housing information and as appropriate, refer claimant's complaints to the Department of Housing and Urban Development (HUD) or Department of fair Employment and Housing(DFEH). • Provide follow up on all cases referred to HUD or DFEH or legal services Contractors: Contractor shall develop and maintain a fair housing outreach/training element, including but not limited to: • Develop, produce, and distribute as required, Fair Housing brochures and/or pamphlets to the public, including local community based organizations, senior centers and family resource centers, regarding fair housing law and regulatory issues. These materials shall be bilingual, where appropriate. • Provide verification of monthly publications or broadcasts of at least one educational news article regarding Fair Housing issues, laws or resources. � 2012-2013 CDBG Agreement Attachment"A"—Scope of Work and Budget 9-24 • Annually conduct and/or participate in a regional San Diego Fair Housing Fair intended to educate the public on fair housing issues, laws and resources. • Consult and participate with non-profit, governmental and private sector housing and fair housing agencies active within the San Diego region, including membership and participation in the San Diego County Fair Housing Resources Board ("FHRB"). • Annually conduct an educational event during Fair Housing Month specifically designed for San Diego County housing providers, including but not limited to: City staff,.property managers, owners, realtors, and resident organizations within the City of Chula Vista. • Set up and maintain a website that contains fair housing information and E-mail capability, and/or inclusion of these items in the Cit�/s existing website. . Contractor shall develop and maintain a fair housing referral element, including but not limited to: • A well-publicized system to reteive tenant-landlord and fair housing complaints from within the City, including an (800) or equivalent toll-free phone number, to resolve or refer such complaints to the appropriate source for resolution, and to maintain and provide to the City complete statistical records on all complaints and their resolution. Contractor shall develop and maintain an affirmative fair housing marketing element, including but not limited to: • Overseeing the Cit�/s Affirmative Fair Housing Marketing Plan ("AFHMP"), including educating builders about AFHMP requirements, determining whether AFHMP proposals satisfy requirements of the Fair Housing Act, drafting exemption letters for exempt projects, and ensuring that Building Industry Association exemption letters are accompanied by a letter from the BIA indicating compliance with the Voluntary Affirmative Marketing Agreement. Program reports and administration related to the above tasks, including but not limited to: • Provide monthly log to City of received calls/applications and log on the handling of eath call/applitation. • Develop and submit to the City a complete quarterly report and Annual Report of the Fair Housing Program progress during the preceding quarter, including tabular and textural materials as required. Reports submitted shall include actions taken and status of resolutions of complaints. • Documentation identifying unduplicated clients served, to include but not limited to age, race/ethnicity, and income in the format provided by the City. • Additional programs, tasks, or responsibilities deemed by the City or the U.S. Department of Housing and Urban Development (HUD)to be necessary as part of a Fair Housing Program either as a result of review of the existing program or originating from legislation or interpretation. If necessary, additional costs of such programs or tasks will be negotiated with the City prior to commencement. Contractor shall utilize the current Analysis of Impediments of Fair Housing Choice and Compile Information for the Cit�s Analysis of Impediments of Fair Housing Report, to include, but not limited to: � � � 2012-2013 CDBG Agreement Attachment"A"—Scope of Work and Budget 9-25 � Incorporate the information and recommendations on the most retent version of the Analysis of Impediments and develop effettive strategies for the provision to mitigate impediments noted and to provide actions for affirmatively furthering fair housing choice. • Assist in the compilation of information regarding impediments to fair housing choice for the Regional 2015 Analysis of Impediments to Fair Housing Choice. Contractor shall implement the work plan submitted in its RFP response and included in Attachment B. B. CDBG INCOME AND BENEFICIARY GOALS: It is anticipated that low-to moderate-income clients will be served over the course of this Agreement. However,the call volume may vary from month to month. C. NATIONAL OBJECTIVES: All activities tunded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgenty, as defined in 24 CFR 570.208. The Contractor certifies that the activity/activities carried out under this Agreement will meet the National Objective of N/A(Planning and Administration). D. PERFORMANCE MONITORING: The City will monitor the performance of the Contractor against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the Grantee,suspension or termination procedures wiil be initiated. E. ESTIMATED TIME SCHEDULE: CONTRACTOR will make all good faith and reasonable efforts to fulfill the projed by June 30, 2014, or earlier. F. BUDGET: CONTRAC70R shall make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall CONTRACI'OR be entitled to, nor shall City reimburse CONTRACTOR, more than $35,000 to be budgeted as follows: � 2012-2013 CDBG Agreement Attachment"A"—Scope of Work and Budget 9-26 2013/2014 CSA Work Plan for Activities A. Fair Housing Services: aJ CSA will concentrate its efforts on the impedimenYS to foir housing Yhoi have been identified in the Anolysis of ImpedimenYS to Fair Housing Choice SYudy. CSA will out�each to the idenYified targei populations and provide all the services called for in the recommendation secrion. i. Tar�et Populations: disabled persons, large households, female-headed households, minority ethnic groups and low income residents. ii.. CSA will educate households and housing related organizations by disseminating Fair Housing law literature, conducting Fair Housing law seminars and training, and focusing public awareness campaigns about Fair Housing law in ethnic and minority neighborhoods, and among civic, social, religious, and special interest groups. iii. CSA will provide Fair Housing materials and educational programs in Spanish, especially in neighborhoods and communities with high percentages of Spanish-speaking persons. iv. CSA will conduct training sessions and information campaigns especially among rental property owners and managers, as well as apartment owner associations,and management tompanies. v. CSA will inform renters and home buyers of their rights and recourse, if they feel they have been discriminated against. vi. CSA will encourege the construdion of afFordable, and especially rental, housing. vii. CSA will encourage developers, housing advocaty groups, and other interested parties to conduct neighborhood outreach and information campaigns before submitting projeds for review and a pprova I. viii. CSA will provide referrals to financial literaty and credit counseling agenties in the Service Area. In addition,CSA participates in Home Clinics throughout our San Diego region. ix. CSA will encourage coordination between advotaty groups, community based organizations, real estate industry professionals, lenders, property owners, and government agency officials to provide guidance and toordination for Fair Housing matters. x. CSA seeks ongoing funds for fair housing testing including FHIP funds. CSA has a working relationship with Clara M. Harris of CMH Consul[ing. Clara Harris is the founding member and CEO of CSA San Diego County. In 1969 she created the Heartland Human Relations and Fair Housing Agency which tater became CSA San Diego County. In coliaboration, we have performed testing for most of San Diego County. xi. CSA has made it a priority to focus on outreach efforts to educate on fair housing issues, rights and services. Our user-friendly website includes a list of service providers. We also provide current and on-going artides on housing issues. - 2013-2014 CDBG Agreemeni Attachment"B"—Work Plan 9-2�. xii. Our written material is available at CSA, libraries and resource centers across the County. In addition to Federal and State housing materials, CSA has created a user friendly and inclusive handbook on housing rights, laws and regulations. bJ. CSA will provide on Annual Performonce Report(APRf that indudes n summary of adions token to overcome or eliminate the impediments identi�ied in the Al. CSA will also include an analysis of said aciions. rhe APR will include a DFEH log, summary of fair housing logs and intakes. Furthermore, we will also indude specific actians taken to oddress discriminotion complaints including recommendotions for testing, informaiion on educotional workshops conducted and information on accessible housing in the City of Chula Vista. i. CSA will investigate and validate discrimination allegations by using Fair Housing intakes and other related documents, as well as DFEH log complaints. The ED and fair housing counselors will then assess and determine if the client was discriminated against. If so, the client will be referred to HUD and or DFEH. ii. The Housing Counselors, in collaboration with the ED, will collect evidence valid in mediation and litigation for verification of allegations of discrimination. (See biographies). Our fair Housing Counselors have mediation experience and were certified by North County Life Line, who in turn was certified by the Notionol Conference Resolution Center, a professional mediation agency. iii. CSA has prototol and resources in place for resolving disputes that are not mediated. We have a referral list, resources available for clients and we collaborate with three low cost attorneys. One is a Fair Housing Specialist and another is a Landlord/Tenant Specialist. CSA also refers appropriate cases to DFEH, HUD and VA(Veteran) Housing. iv. CSA currently promotes fair housing to public agencies and private enterprise involved in the housing industry in various ways. CSA's ED is part of San Diego's Regional Alliance for Fair Housing (SDRAFH); In addition,the ED is part of the Strategic Planning Committee for SDRAF. . v. Our Executive Director and staff collaborate with (SDRAFH) on a monthly and quarterly basis to keep up with updated fair housing laws to affirmatively further fair housing. vi. CSA has an outreach specialist as part of our Fair Housing program. The Outreach Specialist promotes Fair Housing to low and moderate income and iminigrant tommunities throughout the San Diego region. She maintains partnerships and coalitions with a wide variety of housing providers, community organizations and government agencies. The outreach specialist attends health and resource fairs all through the cou nty. vi. CSA San Diego County participated in 125 outreach events this last fiscal year. 8. Tenant/Londlord Mediation Services: i. CSA will counsel target populations in tenant/landlord disputes through phone calls, appointments, and walk-ins,emails and through outreach efforts. a. CSA will maintain a toll-free telephone hotline to all clients and interested parties. Information on fair housing and housing discrimination (laws, rights, responsibilities, complaint investigations, training and volunteer opportunities). b. CSA will respond to all calls within 24 hours (excluding holidays and weekends). � 2013-2014 CDBG Agreement Attachment"B"—Work Plan 9-28 c. CSA will document all calls and requests for information with at least the following information:" date,client name, address,zip code, problem or issue,action taken or referral, how the client heard about the fair housing agency, and demographic data intluding race and ethnicity, income, household size and ages, length of tenancy. d. CSA has_five fair housing counselors on staff.Our servites will be available in three languages: English, Spanish and Arabic. We will use FHC to identify fair housing practites that lead to AI. ii. CSA will educate the public regarding fair housing through ongoing outreach events in cities all over San Diego County. Our Outreach Specialist will provide outreach for Chula Vista residents through our ongoing outreach plan a. . Our goal will be one outreach/workshop a month for the City of Chula Vista. iii. CSA has Fair Housing brothures in English,Spanish.and Arabic. Informational flyers are also available in the above languages.CSA has personally written a handbook on landlord tenant rights and responsibilities. iv. Seminars and Workshops a. Provide seminars, workshops and education events to landlords, property managers, tenant advocates, real estate agents banks and other lending institutions, homebuyer edutators and tounselors,government and social services agencies and the general public. b. Free Fair Housin�Trainin�for landlords, property managers and property owners. The Fair Housing Diredor in conjunction with other counselors, and an attorney educate on Fair Housing polities, including discrimination, evictions, unlawful detainers and real estate questions.Written materials available. i. Presen[ation Conient:federal, state,and local fair housing laws; how to comply and how to afEirmatively further fair housing, especially in relation to the impediments identified in the AI. c. Provide seminars,workshops and education events to home seekers, homebuyers and tenants. a. Presentotion ContenY: fair housing rights and responsibilities for those seeking housing; how to know their housing rights and identify discrimination; how to proted their families from conflicts with housing providers;what to do in the case of discrimination. d. As a part of Fair Housing Month in April, host home tlinia and other events with Springboard and other local partners e. Provide local and neighborhood newspapers with articles on current impediments to fair housing and what fair housing resources are available to residents. f. Healthy Homes Workshops: The Outreach Specialist in conjunction with the staff teaches the community to identify and eradicate three hidden dangers in the home: bed bugs, mold, and vermin infestations. Three workshops a month, in various San Diego Cities. v. CSA will work on a proclamation for Chula Vista on Fair Housing Month for April. ' 2013-2014 COBG Agreement Attachment"B"—Work Plan - 9-29 C(TY OF CHULA VISTA CDBG Progrem � Self Certification Fortn-2013 . - Information on annual family income and race is required to determine eligibility tor public services funded with federal Community Development Block Grant(CDBG)funds. Please answer each question below. � Name of Progrem or Adivity Dates of Participation INCOME is defined as the to:al ann�al gross income of ail family and non-family members 1S+years old living within the household. All wurces of income must be counted from�all persons in the househoid based�on anticipated Income expeded within the ne#12 months. � Please cirole your inwme level basetl on your Househoid Size (HH). If there are 8 or more in your househoid - select HH of 8. � � . � � Example: If there are 5 people In your � � � � househofd and your inrnme is /ess than 543,550, _go to HH of 5 and select �'� ' �'� ' ���� ' �543,550 as demonshated below. HH of 1: < $16,95D < $28,250 < $45,150 � � HH of 2: < $19,A00 < $32,250 < $51,600 < 5q3:55o � HH of 3: < 5Z1,800 < $36,300 < $58,050 � � HH of 4: < �$24,200 < $40,3D0 < $64,500 � • HH of 5: < $26,150 < $43,550 < $69,700 HH of 6: < $28,100 < $46,750 < $74.850 . . HH Of 7: < $30,050 < $50,000 < $80,000 HH of 8: < $31,950 < $53,200 < $55,150 � ETHNICITY AND RACE: This is a two part question. 1. Ethnicity{pick 1 ot 2): ❑ Hispanic or ❑ Non-Hispanic - 2. Please check your Race{pick 1 of 10 choices): � . ❑White—� ❑ Black or African American � ❑Asian&White � ❑Amencan Indian or Alaskan Native ❑Native Hawaiian or Other Pacfic Islander � ❑ Other � � ❑Black/Afican American&White ❑American IndianlAlaskan Native&White - ❑Asian ❑American Indian/Alaskan Native& Black FEMALE HEAD OF HOUSEHOLD: Dces your famlly have a female head of household? ❑ Yes ❑ No APPLICANT STATEMENT: I hereby certify that the information on this form is accurate and complete. I understand � that thls self-certfication may be subjed to further verification by the agency provitling services,the City of Chula Ysta, the County of San Diego District Attomey, or�the U.S. Department of Housing & Urban Development. i, therefore, authorize such verification, and I will provide supporting documents, if necessary. WARNING: Title 1S. Section 1001 of the U.S. Code states that a person is guilty oi a felony for knowingly and willingly making false or fraudulent statements to any department of the U.S.Govemment. � Participant or Beneficiary Name(Please Print) Signature(Parent or Guardian. 'rf participant is under 18 years old) Date � � 2013-2014 CDBG Agreement Attachment"C"–Income Limits and Self Certification 9-30 Appendix D: Disclosure Statement 2013-2014 CDBG Agreement Attachment"D"-Disclosure Statement 9-31 Attachment D Disclosu�e Statement ' Pursuant to City�Council Policy 101-D1, prior to any action on a matter that requires discretionary ac[ion by the Gty Council, Planoing Commissian or other official legislative body of the Clty, a statement of disclosure of certain ownerships, financiai interests, payments,and campaign contributions mustbe filed.The following information must be disclosed: 1. Lisi the names of aIl persons having a financial interest in the project that is the subjec[of the application, project or contract ! ie.g.,owner applicant contrec[or subcontractor matenal suppiier) 3na -�ti. �- � 'J.-a- �t�ri"�`CK,.r � .a'IC>":c }"� � ,.srs. ervi^r'S � . lr ' �I .f`^��r: i .#,� y.�..�—�#.ix.".-1a :�..'!h✓�� ..�['�::a`i_��_"_ '.�..._ _ t.� . ..sV.. �:.�f'.` • v_ : ' 2. If any person� identifled in section 1 a6ove is a corporation or partnershiq list the names of all individuals wRh an inves[ment of 520D0 or more in the bus�ness{corporation(partnership)entit� . �'a....:: th+.x�=- >. ..NS�.,{""�,_.€-'k�"4_' a. ��3.�.tr�`�i:? -9 " ,.5� �+ :•4,'°S"xv��i`°r�Ti}-`f'�.,v�"':`'s.��-" �s--� � 1 n T.J�s�ia. h ...5...2+.Ar- eva �n.n.. '��is .c ... 1....n...v�n� a. < .. . ..... _ .v,.v _r� � �. :- , 3. If any person• identified in section 1 above is a non-profit organization or trust, iist the names of any person who is the � directo�rJ of the non-profit organ�zation or the names of the trustee benefivary and irustor of the trust I S�;sJ.�f40 c 3lia�An„x�a'+yT-y;..of,�. �-.rg�h'� tq�v,rt�*y�F= Yi..d� .•'�c3n-`t4 4_`�,`�f.P �"i"�-fi4t i,�lt�,,��1? 94,-j'a. :i} � � , , .:,,:_ <+�..«,.a�.-f— ._..._- ..�r_.'�a;"� . '�� Sa�: .�i', w.r.u__.-,c., .. u., - a..n. .,....tiv�,'.e,. c. „z, � 4. Please identify every person, inciuding any agents, employees, consultants, or independent contrectors, whom you have . � author¢ed to representyou before the City m this matter �! �Y. Y �-1"-,.� t�i 'f+ `sv_•.l!A'd�F li>Sxu"e+ll• L,{�,: � .�'� "lGC : rHSiC�d�a7e�Ki�d��a l7��i�a'r6-7.�� �}'�1"` �/J�n . .."iuc-Y� L:'��lu4s�*i�t�«��¢�.ti�tsrD�}„.}1� : �tGtrC�o �c�y(� �Cj (�'GOrS't�b¢rr4� f�C.� ��c'1"r.�Ce YVIaaYeZU/vq_�O.S�T D;Q�¢ Nerre�+� �okKee�e!" � � � � 5. Has any person`identified in 1, 2,3, or 4,:above, or otherwise assocfated with this contract, project or application, had any � . financial dealings with an official`.�of the City of Chula Vsta as it relates to this wntract, projec[or application within the past 12 months�Yes❑ No� If yes briefly desrnbe the nature of the finanaal interPSt the official may hat e tn this contract�c. ,' .t -�� ... ;�]y ry� � 2 .'�3'. ��S �=t�t���}�y1 ���� � .., r..`'�A�+�'�.�.`�'.l�".c'i-^�= . .. _� . .�'s 3`i_ti x iak�-?SF�s.0 R���t.. .....iG :'ie��w�>, i' �� . R,.._. ' .:� .�. _ 'r.�+� � .. ^�„��"� �?u n.. 3x.�l�.e:' Y'...� ���4V3.� . 6. lias any person*anYone identified in 1,2,3, or 4, above, or otherwise associaTed with thk contract, project or application, , made a pmpaign contribution of more than$250 within the past tv✓elve(12)months to a current member of the Chula Vista City � Counal� No,�C Yes Ifyes,which Coundl member(s)� - � ��' -f-'.���i `e' q�' -'J�'V ) ._t.-'.' � � 1 �IS�n��w'i4{A}�.'�p'�JTi _"x'C.'�+a 47F��"E�t���.� �c L�4Y_'a�WF�r" :L �.����.-:�-��."'�.�'"�.•'• +3a � .,,�>�.�-a. I 7. Has any person* identified In 1,2, 3,or 4,above,or otherwise associated with this contrect,project or applicaiion,provided �j more[han$420(or an item of equivalent value)to an o�cial** of the Gty of Chula Vfsta in the past twelve�12)months? (This j includes any payment ihat confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, i money to retire a legal debt gft loan etc.)Yes❑ No'�If Yes list offiaal and what was the nature of item provided� � t ��nca-� S "' x +� - �.i�"`fm+.'Y w ..,.i.. s. . a r - ,.".2 � � � � ,i�.V-Vw_'`"Y° �3'�:S.u.'`-.`�'�.�—�i`.,�a'..�'� �l�.r� __ ") '�' _ J..T'M._.. 1SJ'-'-i� _ -.}F�. 'i �q,s.! a. _ _ 1. Has any person' identified in 1,2, 3, or 4,above, or othenvise associated with this contract, p[oject or appiication, been a �� source of inwme of$500 or moreto an offidal'*of the City of Chula Vsta in the past twelve(12) months?Yes� No� � If Yes,identiTy the offioal and the nature of the income provided� � ' �.y�"�x'S,he�u�� ro�Sfy�F �l'�a'a� " hq S.y�-rr.,r�{mro'� r,� -��Y1 u..z' Y91'a.au�..v��e.e"" .sa ����,�+rY:wMy r�N�r+��..'�2'�' _'.�r. . ��=Sa. .Y �,"1�I'��'�.i�if..`._ .iFb+.�3..�:r"��.S_:"z evY:�"cn-_s.�'''' r.�. g..t�' `:r..rn-:snn'�SS"v'a:r_'.'-£�4.�'�'_�..Y"!c_.st_�ra?n.2.lM_ . ��. r • /� ,.'.. .:.e... x�p/� }.,�" � c �+y- .� � �sa x �:s�.�t u ��,!}, ' �:`-F��.. .��.�{Y'� ��`.{�'dS1%.. ��n�����S'�t: .P1.1�H���:'i�':( 4�� l �Zt H S^r' T t k.�. ;S{� �� �� •Ty+p. 'F. � .� �..^ jtty,�rtxr'�'.4J'. ?__c.;ac.-E�.e.-� .�-a..�i..ex-.-�ar'�2a.�..:,. � tJame of Person Signing � � Date � � Signature: � Y.�.t1 � � ° Person is defined as:any indrcidual,firm,co-partnership,joint vefrture,associaiion,social cluh,fraternai organizalion,Corpoa:ion,estate, trust,receiver,syndicate,any other counry,crty,municipality,distria,or other political subdivision,or any other group or rombinavon ac[ing zs i a untt. � " Official indudes,6ut is not limited to:Mayor,Council member,Planning Commissioner,Mem6er ofa 6oard,commission,or:ommY.tee of the Cfty,and L'rty employees or s:aff membea. ' " � � Disciosure Statement � 9-32 �'