HomeMy WebLinkAbout2013/10/15 Item 12 _ --.-��
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October 15, 20li. Item j�
ITEDZ TITLE: RESOLUTION OF THE CITY COLTi�'CIL OF THE CITY OF
CHULA VISTA AUTHORIZII�'G THE CITl' I��\TAGER OR
HIS DESIGI�'EE TO EXECUTE AI�' AGREEME\'T
BETW�EEN SOUTH BAY COMI�4L7'ITY SERVICES Ai\'D
THE CITY OF CHULA VISTA FOR IA4PLE�4EI�TTATION
OF AI�i EMERGENCY SOLUTIOIvS GRANT RENTAL
ASSISTANCE PROGRAI�4 AND FUTHER AUTHORIZIi�'G
THE CITY A4.4\'AGER OR HIS DESIGI�'EE. Ii�TCLUDII�TG
THE PURCHASII�'G AGENT. TO EXECUTE TIIREE ONE-
YEAR OPTIONS TO EXTEND BASED ON AVAILABITY
OF ESG ENTITLE�4EI�TT F[T\fDS FROn4 THE U.S
DEPARTMENT OF HOUSING AND URBAi\'
DEVELOPA4EI�TT
SUBA�IITTED BY: DIRECTOR OF DE�'ELOPMEI�'T SERVICES I Gr�,,
� " �J
RE�TER'ED BI': ASSIST.aI�'T CITY A4A\'AGE
4hTHS VOTE: l'ES � NO �X
SL1111AR1'
The Cih� of Chula Vista ("Cin�-) solicited proposals for the management of the Ciri�'s
Emeroenc}= Solutions Grant Rapid Re-Housing Program Rental Assistance ("Pro�ram'-)
through a Request for Proposals ("RFP"). One response was recei��ed bv South Bav
Communitt� Semices (SBCS) bv the submittal deadline. SBCS ���as selected based upon
their extensi��e experience for this type of sen�ice and their abilitv to best meet the Ciri�`s
ooals and objecti�=es in compliance with HUD`s ESG requirements. This action approves
a contract ���ith South Bav Communiq� Services for administration of the rental assistance
pro�ram; ���ith an initial "Authorization Limit ` up to �1�0,000 throueh June 2014, and
authorizes the Cih� Manaeer or his Desienee; including the Purchasing Agent to execute
three (3) additional one-year options to extend, based on future a��ailability of program
funds from the U.S. Department of Housine and Urban Development.
En`VIRONAIENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance
witb the National Environmental Protection Act (I�rEPA) and has determined that tbe
proeram qualifies for a Certification of Eaemption pursuant to Titie 24; Part
�834(a)(2)&(3) of the Code Federal Resulations and pursuant to the U.S. Department of
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Octoberl5, 2013, Item �Z
Page 2 of 3
Housing and Urban Development (HUD) Environmental Guidelines. Thus, no further
NEPA environmental review or documentation is necessary at this time.
RECOMAZENDATION
. Council adopt the resolution.
BOARDS/COMA'IISSION RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista receives an annual entitlement of Emergency Solutions Grant
("ESG') funding from the U.S. Department of Housing and Urban Development
("HUD") to fund activities that serve homeless persons. Council adopted Resolution
Nos. 20li-077, 2012-073, and 2011-072, which approved funding for a Homeless
Prevention and Rapid Re-Housing program (HPRP) with the intent of providing rental
and security deposit assistance to house individuals who are facing homelessness.
As a condition of receiving these rental assistance subsidies, families and individuals
must meet program eligibility requirements that include demonstrating an economic
hardship or housing crisis and that the recipients have recently become homeless. The
Program's goal is to assist clients to regain stability in their living situation. Renta]
assistance will be provided for an initial 6 months to qualified clients who can be re-
housed and are able to meet the goals and objectives of a mutually agreed upon self
sufficiency plan. Clients will be required to access mainstream resources and meet with a
case manager on a monthly basis. Based on availabiliry of funding, an extension of
assistance can be provided to those clients meeting their program goals and objectives
towazds self sufficiency. The City of Chula Vista contracts for administration of the
program since it is more cost-efFective than providing such.services in-house and ensures
assistance from qualified and experienced third.-party professionals in this highly
specialized field.
On September 16, 2013; an RFP was issued for agencies interested in implementing a
Rental Assistance Program using the City's ESG funds. The RFP was available through
the City's Planet Bids system. One response was received by South Bay Community
Services (SBCS) by the submittal deadline. SBCS was selected based upon their
extensive experience for this type of service and tbeir ability to best meet tbe City's goals
and objectives in compliance with HUD's ESG requirements.
SBCS as Administrator:
Administration of the program requires specialized knowledge of providing case
management that leads to self sufficiency and calculation of rental assistance payments
for eligible clients. SBCS, the proposed administrator for the implementation of a rental
assistance pro�ram, has a regional presence and vast experience in case management
services, rental and securit}� programs, and self-sufficiency programs. Additionally; they
have direct experience in manaoing rental assistance programs. SBCS managed, as
funding was available; the City's Tenant Based Rental Assistance Program from 2007 to
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Octoberl�. 2013, Item�_
Pase 3 of 3
2009 and the one-time stimulus funded Homeless Prevention and Rapid Re-Housine
Pro�am from September 2009 to June 30; 2012. They currentl�� serve as the ESG HPRP
administrator for the Counn� of San Diego sen�in� residents of Imperial Beach.
The day-to-day implementation of the rental assistance pro�am aze to be performed b�°
SBCS' bilin�ual staff with eapertise in the area of housins; as ���ell as social services.
eo�emment sen ices. business. and data manaeement.
Scope of R'ork:
The followine itemizes the proposed scope of n�ork to be performed b�� SBCS, includin�
� bat not limited to:
• Processine of rental assistance applications to determine elieibilin� for potential
clients: - _
• Pro��ide housing counseling and case management sen�ices to participants;
• Develop a housina plan (���ith goals and objecti��es) �ti�th each client and recertifi�
participant elieibility monthl��;
• Outreach to landlords ���ho ���ish to participate in the program;
• Process housins assistance pa}�ments on a monthly basis to participatine landlords;
and � y
• Provide outcome reports to the Cit�� on a quarterl}� basis.
DECISION nZAKER CONFLICT
Staff has re��ie«-ed the decision coniemplated by this action and has determined that it is
not site specific and consequently the �00 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
CURRENT 1�:1R FISCAL IAIPACT
The action ���ill utilize up to �1�0;000 in ESG funds for Fiscal Year 2013/2014 ("FI'
13/04"). FY li/14 funds are budeeted and available in the existinQ budget. Any options
to extend ma�� be funded through the annual budget process based on the availabilin� of
ESG funds.
ONGOING FISCAL INIPACT
There is no onooins fiscal impact to the City's General Fund as project and staff costs are
co�ered bv the arants.
ATTACIIl�IENT
1. Emeraenc�= Solution Grant Aereement
Prepared b��: Jose Dorado, Project Coordinator, Dei�elopment Sen�ices Department,
Housing Dirision
12-3
COUNCIL RESOLUTION NO. 2013-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TH� CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN
SOUTH BAY COMMUNITY SERVICES AND THE CITY OF
CHULA VISTA FOR IMPLEMENTATION OF AN EMERGENCY
SOLUTIONS GFtANT (ESG) RENTAL ASSISTANCE
PROGRAM AND FURTHER AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE, INCLUDING THE
PURCHASING AGENT, TO EXECUTE THREE ONE-YEAR
OPTIONS TO EXTEND THE AGREEMENT BASED ON
AVAILABITY OF LSG ENTITLEMENT FUNDS FROM THE U.S
DEPARTn4Ei�'T OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, as a Department of Housing and Urban Development (HUD) entitlement
community, the City of Chula Vista receives grant funds under the Emergency Solutions Grant
(ESG), and
WHEREAS; pursuant to Council Resolution Numbers 2011-072, 2012-73, 2013-077
respectively, Ciry Council appro��ed the HUD Annual Action Plans which includes funding for a
"Rental Assistance Program" using ESG funding; and
WIIEREAS, HUD approved the City's FY 20ll/2012, 2012/2013, and 20li/2014
Annual Action Plans that included funding for a Homeless Prevention and Rapid Re-Housing;
and
WHEREAS, the City will allocate $147,519 ESG funds for a Rental Assistance
Program to assist homeless families and individuals; and
WHERAS, City staff through a Request for Proposals selected South Bay Community
Services to implement a Rental Assistance Prograni; and
WHEREAS, the City desires to enter into an Ae eement, which is on file with the City
Clerk's OfSce, with South Bay Co�mnunity Services to implement the Rental Assistance
Program; and
WHEREAS, in the event that HUD withdraws the City's ESG funding, the City is not
obligated to compensate South Bay Convnunity Services for,program expenditures.
1:Wttomev\FINAL RESOS An'D ORDWANCES\2013\IO IS 13\DSD-ESG 2013 Rcso SS ]0-9-13.docx
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Resolution No.
Paee 2
I�rOW, THEREFORE; BE IT RESOLVED, by the Citv Council of the City of Chula
Vista that it authorizes the City Manaeer or his designee to execute an Agreement betvveen the
Cit}• of Chula Vista and South Bay Communiry Services, a copy of which is on file with the Cin�
Clerk's Office; for the implementation of an Emergency Solutions Grant Rental Assistance
Program and further authorizes the Ciry Manager or his desienee, includine the Purchasine
Aaent, to execute three one-year options to extend the Aereement based on availability of ESG
entitlement funds from the U.S. Department of Housine and Urban Development.
Presented b�� Approved as to form by
� �
Kelley G. Brou�hton Glen R. Gooeins
Development Services Director Cip� Attornev
J:V+nomev�Fl\.4L RESOS.�\`D ORDINANCES�2013\IO I S 13�DSD-ESG 2013 Reso SS IO-9-I3.docx
10/9/2013 12:01 PM ' .
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COLTNCIL
�,��—�='' `"
Glen R. Googins
City Attorney
Dated: �� �
AGREENIENT
BETWEEN
SOUTH BAY COMMLJNITY SERVICES AND
THE CITY OF CHLJLA VISTA
FOR MANAGEMENT AND IMPLEMENTATI
. OF
AN EMERGENCY SOLUTIONS GRANT PROJEGT
RAPID RE-HOUSING PROGRAM
2013-2014
� 12-6
Attachment 1
CONTRACT
FOR
A4Ai�'AGENIENT A1��D I11�LEA�NTATION
OF Al�`
EDZERGENCY SOLUTIONS GRANT PROJECT
RAPID RE-HOUSInG PROGRAD4 2013-2014
The Contract numbered is entered into b�� and benreen South Bav Communin�
Sen�ices ("Contractor') and the Cin�of Chula Vista (`City") on October 16, 2013.
RECITALS
�'1'HEREAS, there has been enacted the Emereency Shelter Grants (`ESG") Program contained
in subtitle B of Title IV of the Ste���art B. I�9cKinney Homeless Assistance Act (the "Acr', 42
U.S.C. 1 li61. et seq.). The ESG Proeram authorizes the Secretary; U.S. Department of Housine
and Urban Development ("HUD"), to make aranu to States; uniu of general local eo��emment,
territories; and Indian Tribes for the rehabilitation or conversion of buildines�for use as
emergenc�� shelter for the homeless; for payment of certain operatins espenses and essential
senices in connection with emergency shelters for the homeless; and for homeless pre��ention
activities:
R`I�REAS, on May 20; 2009, the President signed in[o law "An Act to Pre��ent A4orteage
Foreclosures and Enhance Mortgages Credit A��ailability" ���hich became Public Law 111-22.
This new law implemenu a varieh� of new measures directed to�vard keepine individuals and
families from losin2 their homes. Di�-ision B of this new law is the Homeless Emereency
Assistance and Rapid Transition to the Housine Act 2009 (HEARTH Act), �ahich consolidates
and amends the three separate homeless assistance pro�rams carried out under title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 1 li7] et seq);
R'FIEREAS; the HEARTH Act amendments to the \9cKinney-\'ento Act contains pro��isions
requiring coordination; collaboration, and consultation bet��een Continuums of Care and ESG
State and ]ocal eo��emment recipienu;
«'f�REAS, the HEAR7'H Act; renames the former Emereency Shelter Grant proeram to the
Emereenc�� Solutions Grant proeram to broaden existine emereenc}� shelter and homelessness
pre��ention acti��ities to add rapid refocusin2 activities; y
R'HEREAS, the Cataloe of Federal Assistance for the Emergency Solutions Grant program is
14.231:
�4'HEREAS, the HEARTH Act also codifies in la�� and enhances the Continuum of Care
plannina process; the coordinated response to addressino the needs of homelessness established
adminisVati��el}� by HUD in 199�:
�i'HEREAS.City of Chula Vista is authorized to apph� for and accept ESG funds and assist in
the undertakina of ESG acti��ities:
2013-201�ESG Conman
Paee 1 of 17
� 2—�
WHEREAS, Ciry incorporated the Contractors proposal for the project described in
Attachment "A" hereof (the "ProjecP') into the City's Community De��elopment Block
Grant/HOME Investment Partnership/Emergency Solutions Grant Annual Funding Plan
("AFP") which was submitted to HUD;
WHEREAS, Chula Vista City Council approved the Prqject on May 7, 2013 and HUD has
approved the City's AFP far the ESG funds; and
WHEREAS, Contractor warrants and represents that tl�ey 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 Contractor do hereby mutually
agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
ARTICLE 1. CONTRACTOR OBLIGATIONS
A. GeneraL
1. Work to be Performed. Contractor sha11 implement the Project described in Attachment "A"
hereof(the "Scope of Work `) fully in accordance with the term of the AFP approved by the
City and submitted to HUD in its application for funds to carry out the Project and the
ceRifications which were submitted concurrently with the AFP ("Certifications"). The AFP
and Certifications 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 AFP and Certifications. Contractor's obligations
include, but are not limited to, comp]iance witl� tl�e current and most up-to-date version of
each of the followine:
(a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11361, et sey.) as amended;
(b) The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
(HEARTH Act);
(c) HiJD regulations relating to ESG Program (24 CFR Part 576), as amended;
(d) HUD regulations relating to environmental review procedures for the ESG Pro�ram (24
CFR 576.57, subd. (e));
(e) Title VI of the Ci��il Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights
Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair
Housing Act, 42 USC § 3601, et seg.); § ]09 of the Housing and Community
20Li-2014 ESG Contract
Page 2 of 17
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Development Act of 1974; Eaecutive Orders 11246 (equal employment opportunirv) and
11063 (non-discrimination), as amended bv Executi��e Order 122�9; and anv HUD
regulations heretofore issued or to be issued to implement these authorities relatine to
civil riehts: �
(� Section 3 of the Housing and Community De��elopment Act of 1974, which includes:
1. The ���ork to be performed under this contract is subject to the requireme�ts of section
3 ofthe Housing and Urban Development Act of]968, as amended (12 U.S.C. 1701u).
The purpose of section 3 is to ensure that emplo��ment and other economic
opportunities eenerated by HUD assistance or HLJD-assisted projects co��ered b��
section 3, shall, to the greatest eatent feasible, be directed to low- and ven� low-
income persons, particularly persons who are recipients of HIID assistance for
housins.
2. The parties to this contract aeree to comph� with HUD's reQulations in 24 CFR Part
13�; which implement section 3. As evidenced by their e�ecution of this convact, the
parties to this contract certifi� that theti� are under no contractual or other impediment
that would prevent them from complying with the Part 13� reeulations.
3. The contractor agrees to send to each labor organization or representati��e of workers
with which the contractor has a collective bareainine contract or other understandina,
if an��. a notice advising the labor organization or �rorkers' representative of the
contractors commitmenu under this section 3 clause. and will post copies of the
notice i� conspicuous places at the�vork site H�here both employees a�d applicants for
trainin� and employme�t positions can see the notice. The notice shall describe the
section 3 preference, shall set forth minimum number and job titles subject to hire.
availabiliq� of apprenticeship and [rainine positions; the qualifications for each; and
the name and location of the person(s) takine applications for each o£the positions;
and the anticipated date the N�ork shall begin.
4. Contractor shall include the section 3 dause in even� subcontract subject to
compliance with reeulations in 24 CFR Part 13�, and shall take appropriate action, as
pro��ided in an applicable pro��ision of the subcontract or in this section 3 clause, upon
a finding that the subcontractor is in ��iolation of the regulations in 2� CFR Part 13�.
Convactor will not subcontract ���ith am subcontractor where the contractor has
notice or l:no�vledee that the subconvactor has been found in ��iolation of the
reeulations in 24 CFR Pan 13�.
�. Contractor N�ill certify that anv ��acant emplo��ment positions. includine trainino
positions, that are filled (1) afrer the contractor is selected but before the contract is
executed. and (2) H�ith persons other than those to H�hom the reeulations of 24 CFR
Part 13� require employment opportunities to be directed.ywere not filled to
circum��ent Contractors oblieations under 24 CFR part li�.
6. i�'oncompliance �vith I IUD`s reeulations in 24 CFR Part 13� ma}� result in sanctions;
termination of this contract for default, and debarment or suspension from fumre I lUD
� ZOli-2014 ESG Conmact
Pase 3 of 17
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assisted contracts.
7. �4�ith respect to work performed in connection with section 3 covered Indian housing
assis[ance, section 7(b) of the Indian Self-Determination and�Education Assistance Act
(2� U.S.C. 4�Oe) also applies to the work to be performed under this conuact. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-oH�ned
Economic Enterprises. Parties to this contract that are subject to the provisions of section
3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not
in dero�ation of compliance with section 7(b);
(g) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
42 USC § 4601, and implementing regulations at 49 CFR Part 24;
(h) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-
Profit Organizations '; Office of Management and Budget Circular A-133 entitled "Audits
of States, Local Govemments, and Non-Profit Organizations" and with Office of
Management and Budget Circular A-110 entit]ed "Uniform Administrative Requirements
for Grants and Agreements with Institutio�s of Higher Education, Hospitals, and Other
Non-Profit Oreanizations':
(i) 24 CFR 576.�1, which requires each grantee to match the funding provided by HUD as
set forth in 42 U.S.C. 1137�:
(j) 24 CFR 576.53 conceming use of community facilities as an emergency shelter;
(k) The folloH�ing laws and regulations relating to preservation of historic places: National
Historic Preservation Act of 1966 (Public Law 89-665),• the Archeological and Historical
Preservation Act of 1974 (Public Law 93-291); and Executive Order 17593;
(1) The Labor Standards Regulations set forth in 24 CFR 570.603;
(m)The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.);
(n) The Hatch Act relating to the conduct of political activities (Chapter l5 of Title 5,
U.S.C.);
(o) 'I`he Flood Disaster Protection Act of 1974 (42 USC § 4106 and the implementing
regulations in 44 CFR parts 59 through 79;
(p) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504
which relates to nondiscrimination in federal programs and HUD regulations set forth in
24 CFR Part 8:
2013-2014 ESG Contract
Page 4 of 17 �
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(q) The Clean Air Act (42 U.S.C. § 7401. et seg.) and the Federal R'ater Pollution Control
Act, as amended (33 U.S.C. § 1251, er seg.) and the re�ulations adopted pursuant thereto
(40 CFR, Part 6);
(r) The Drug-Free �'�'orkplace Act of]988 (Public La��� 100-690):
(s) No member, officer or emplo��ee of the Contractor, or iu desi�nee or aeenu, no member
of the govemine bod}� of the locality in ���hich the proeram is situated, and no other
public official of such localirv or localities who exercises am� functions or responsibilities
H�ith respect to the program durine his/her tenure or for one ��ear thereafrer, shall have
an�� interest; direct or indirect in any contract or subcontract, or the process thereof. for
���ork to be performed in connection with the program assisted under the Grant: and that it
shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a
pro��ision prohibitine such interest pursuant to the purposes of this certification;
(t) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the
best of his or her kno�i�ledee and belief that:
(1) I�'o federal appropriated funds have been paid or will be paid; by or on behalf of the
undersigned; to any person for influencing or attemptine to influence an officer or
emplo��ee of any agencti�, a member of Conaress. an officer or employee of Congress; in
connection H�ith the awardins of any federal contract; the making of am� federal erant,
the makino of any federal loan; the enterine into of am� cooperative contract, and the
extension; continuation, renewal, amendment or modification of am� federal contract.
granL loan, or cooperative contract.
(2) If any funds other than federal appropriated funds ha��e been paid or will be paid to
any person for influencin� or attemptine to influence an officer or employee of an��
aeency; a member of Conaress; or an employee of a member of Coneress in connection
with this federal contract �rant; loan, or cooperative contract the undersigned shall
complete and submit Standard Form-LLL; "Disclosure Form to Report Lobbving"; in
accordance �aith its instructions:
(u) The American's w�ith Disabilities Act (42 U.S.C. sec. 41�1. et. seq.);
(v) Contractor shall comply ���ith and make good faith and reasonable efforts to cam� out the
purposes of Esecutive Order 12166 relatine to "Improving Access to Semices by Persons
with Limited English Proficiency ("LEP")�
(���)Contractor shall compl�- H�ith and make eood faith and reasonable efforts to cam out the
purposes of Executi��e Orders 12432 and 11625 related to participation in federal
programs by n4inorit}� Business Enterprises ("A4BE") and Executive Order 12138 related
to paRicipation in federal proerams by R'omen`s Business Enterprises ("�VBE"); and
(x) Contractor shall hold Citv harmless and indemnify Cin� against am� harm that it may
suffer H�ith respect to IIUD on account of anti� failure on the part of the Contractor to
comph� with the requiremenu of any such obligation.
2013-2014 ESG Contract
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(y) Contractor 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 (Di1NS), 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 ]70 of the Requirements
for Federal Funding Accountabi]ity and Transparency Act Implementation, 75 Fed. Reg.
55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170), including any subsequent
amendments.
B. Compliance with Laws. Contractor shall comply with all applicable federal, state, and local
W
laws, regulahons, and ordmances hen domg the work reqwred by this Contract. Contractor
shall require sub-cont'ractors to similarly comply with all applicable federal, state, and local
laws, regulations, and ordinances when doing the work required by this-Co�tract.
C. Insurance. Contractor agrees to comply with the insurance requirements as set forth below:
1. GeneraL Contractor must procure and maintain; during [he period of performance of
this contract, and for twelve (12) months after completion, policies of i�surance 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 Sen�ices Office Commercial General Liability coverage
(occurrence Form CG000]).
(b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
(c) N'C. Workers' Compensation insurance as required by the State of California and
Employers Liability Insurance.
(d) E&O. Professional Liability or Enors & Omissions Liability insurance
appropriate to the Consultant's profession. Architects' and Engineers' coverage is to
be endorsed to include contractual liability.
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
i�cluded in the table below:
20li-2014 ESG Contract
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General Liability: �1,000;000 per occurrence for bodilv injur��, personal injun�,
(Including operations, (indudine death), and propem damaee. If Commercial
products and General Liabilin� insurance �vith a eeneral ageregate limit is
completed operations. used, either the aeneral ae_reeate limit must apply separateh�
as applicable) to this projecdloca[ion or the eeneral aggreeate limit must be
twice the required occurrence limit.
. Automobile Liability: �1,000,000 per accident for bodih� injun�; indudins death,
and propem� damaee. �
i. l6rorkers' Statutorv
Compensation $1.000;000 each accident
Employers Liabilit��: 51.000;000 disease-policy limit
�1.000.000 disease-each em lovee
�. Professional Liabilirv �1.000.000 each occurrence -
or Errors &
Omissions Liabiliri�:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and appro��ed by the City. At the option of the City, either the insurer
���ill reduce or eliminate such deductibles or self-insured retentions as they pertain to the
Cit��. its officers. officials; emplo��ees and ��olunteers; or the Conuactor w�ill pro��ide a
financial guarantee satisfacton� to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
�. Other Insurance Provisions. The general liability, automobile liability; and H�here
appropriate, the workers compensation policies are to contain, or be endorsed to contain.
the follo�vine provisions:
(a) .Additonal lnsureds. Ciry of Chula Vista; its officers, officials, emplo��ees; agents, and
��olunteers are to be named as additional insureds with respect all policies of
insurance, including those with respect ro liabilit}� arisino out of automobiles owned,
leased, hired or borrowed by or on behalf of[he Contractor. where applicable, and.
�vith respect to liabilin� arisine out of wrork or operations performed b�� or on behalf of
the Contracror, including pro��idino materials. parts or equipment fumished in
connection with such �ti�ork or operations. The eeneral liabiliti� additional insured
co��erage must be provided in the form of an endorsement to the Contractors
insurance using ISO CG 2010 (I1/8>) or iu equivale�t. Specifically, the endorsement
must not exclude Producu/Completed Operations co��erage.
(b) Prirnary Insurance. The Contractor's General Liability insurance co�•era�e must be
primary insurance as it pertains to the Cip�; its officers; officials, employees, aeents,
and volunteers. Any insurance or self-insurance maintained bv the Cit��; its offcers,
officials; employees; or volunteers is H�hollv separate from the insurance of the
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contractor and in no H�ay relieves the contractor from its responsibility to provide
insurance.
(c) Cancellotion. The insurance policies 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 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 certi5cates.
(d) Active A'egligence. Coverage shall not extend to any indemnity coverage for the
active ❑egligence of the additional insureds in any case where an aereement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 ofthe Civil Code.
(e) Waiver of Subrogotion. Contractor insurer will provide a W.aiver of Subrogation i❑
favor of the City for each required policy providing coverage for the term required by
this contract.
6. Claims Forms. lf General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are written on a claims-made form:
(a) Ren-o Date. The "Retro Date" must be shown, and must be before the date of the
I contract orthe beginning ofthe contract work.
(b) Maintenance and Evidence. Insurance must be maintained and evidence ofinsurance
must be provided for at least five (5) years afrer completion of the contract work.
(c) Cuncellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" priorto 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. ]nsurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on
the State of California List of Eligible Surplus Lines ]nsurers ("LESLP') with a
current A.D4. Besrs rating of no less than A X. Exception may be made for the State
Compensation Fund when not specifically rated.
8. Verification of Coveraee. Contractor shall furnish the City with original certificates
a�d 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 contract requirements. All certificates and
2013-2014 ESG Contract
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endorsemenu are to be received and appro��ed by the Cit�� before �vork commences.
The City resen�es the risht to require; at any time, complete, certified copies of all
required insurance policies; indudin2 endorsemenu e��idencine the co��eraee required
by these specifications.
9. Subcontractors. Contractor must include all subcontractors as insureds under its
policies or fumish separate certificates and endorsements for each subcontractoc All
co��eraee for subcontractors is subject to all of the requirements induded in these
specifications.
10. Not a Limitation of Other Oblieations. Insurance pro��isions under this Article shall
not be construed to limit the ConsultanYs obligations under this contract, indudin�
Indemnin�.
ARTICLE II. CITY OBLIGATIOI�S
A. Compensation.
1. Amounts. City shall reimburse Contractor for the costs it incurs for work performed
under this contract not to eaceed a maaimum reimbursement of S150,000. Contractor
shall not submit claims to the Cim nor shall Ciry reimburse Contractor for costs for
which Contractor is reimbursed from a source other than the funds allocated for H�ork
under this contract.
2. Limitation. �Vith reeard to compensation stated in Article II, section A.1, above;
Contractor may be reimbursed only to the extent and in the amounu that funds ha��e
bee� made available pursuant to applications for Federal assistance. No City fu�ds in
excess of those pro��ided by the.Federal go��emment under such applications may be
the source of reimbursement under this Contract.
3. Compensation Schedule. Cit}� shall pa�� Contractor quarterly prooress paymenu upon
certification and submittal by Contractor of a statement of actual espenditures
incurred; pro��ided; ho�aever, that not more than 90% of the total agreed
compensation will be paid durine the performance of this contract. The balance due
shall be paid upon certification by Contractor that all of the required sen�ices have
been completed. Payment by City is not to be construed as final in the e��ent IIUD
disallows reimbursement for the project or any portion thereo£ The ]0% retention
will not apply to acquisition or sen�ice contracts.
a. Claim Due Dates. Contrac[or shall submit quarterly claims to the Ciry b}� the
deadlines listed beloH� in order to meet HCTD's strict e�penditure standards:
� Q1. July 1; 2013-September 30, 2013- Due Octotier 1�; 2013
Q2. October 1; 20li-December 31, 2013- Due January 1�, 2014
Q3. Februan� 1; 20li-A4arch 31, 20li- Due April l�; 2014
Q4. April; 2013-June 30, ZOli- Due Juh� 1�, 2014
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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. Exoenditure Standard. In order to insure effective administration and performance of
approved ESG Projects and to meet HUD performance standards, Contractor agrees that
it shall expedite implementation of the Project described 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 deficiency. Contractor will have a
, total of 60 days from the date of the City's written notificatio� to correct the deficiency.
If the deficiencv is not corrected ti�ithin that time, Contractor agrees that the City may
reallocate the amount of the eapenditure deficiency.
ARTICLE III. ETHICS � - _
A. Financiallnterests of Contractor
l. Disclosure Required. Contractor is required make the disclosures detailed in
Attachment "C". Contractor may also be designated as a "ConsultanY' for the
purposes of the Political Reform Act ("PRA") conflict of interest and disclosure
provisions by the Cit}�; and shall report economic interests as required by the City to
the Ciry Clerk on the required Statement of Economic ]nterests ("SEI ') i❑ such
reporting categories as required by the City or the City Attomey; thereby becoming
an "FPPC filer."
2. No Particiqation 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 Consultant'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
dilieently 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 of Contractor`s
� knowledge, have an economic interest which would conflict with Contractors duties
under this contract. � �
4. Promise Not to Acquire Conflictine Interests. Regardless of whether Contractor is
designated as an FPPC Filer, Contractor further warrants and represe�ts that
Contractor H-ill not acquire, obtain, or assume an economic interest during the term of
this contract which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
2013-2014 ESG Contract
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� 2-� 6
�. Dun� to Advise of Conflictine Interesu. Reeardless of whether Contractor is
designated as an FPPC Filer, Contractor further w�arrants and represents that
Contractor will immediately advise the City Attorney of City if Contractor leams of
an economic interest of Contractors that may result in a conflict of interest for the
purpose of the Fair Political Practices Act, and regulations promulsated thereunder.
6. Specific \Varranties Aeainst Economic Interests. Contractor warrants, represents and
aerees:
(a) Thai neither Contractor, nor Contractors immediate famih� members. ❑or
Contractor's employees or a�ents ("Contractor Associates") presently have an�=
interest, directly or indirectiy, whatsoe��er in any property which may be the subject
matter of Attachment A, or in any propert�� within 2 radial miles from the exterior
boundaries of any propert}� which may be the subject matter of the Attachment A,
("Prohibited Interest"), other than as listed on the SEI, if one��as required.
(b) That no promise of future employment; remuneration, consideration, gratuity or
other rew�ard or eain has been made to Contractor or Contractor Associates in
connection with Contractor`s performance of this contract. Contractor promises to
advise Citv of any such promise that may be made durine the term of this contract, or
for twel��e months thereafrer.
(c) That Contractor Associates shall not acquire anv such Prohibited Interest within
the term of this contract, or for twelve months afrer the expiration of this contract,
except w�ith the written permission of Cit��.
(d) That Contractor may not conduct or solicit an}� business for any pam� to this
contract, or for any third part}� that may be in conflict �+�ith Contractors
responsibilities under this contract, except with the writte�permission of City.
ARTICLE N. INDED'1NIFICATION �
A. Defense, Indemnih�, and Hold Harmless.
l. General Requirement. City shall not be liable for. and Contractor shall defend and
indemnif}� City and its officers, agents; employees a�d ��olunteers, against any and all
injury to person, includine death and dismemberment, or property (real or personal),
claims; deductibles, self-insured retentions; demands, liability,judaments, awards, fines:
mecha�ics' liens or other liens, labor disputes, losses; damases, expenses, charges or
costs of any kind or character, includine attorneys` fees andycourt costs (collectively,
"Claims'), which arise out of or are in an�� way connected ���ith the work co��ered by this
Co�tract arising either directly or indirectly from any act error, omission or negliQence
of Contractor or its officers. employees, agents, contractors; licensees or ser��anu,
includine without limitation, Claims caused by the concurrent act; error: omission or
negligence, whether acti��e or passive, of Citv, and/or its aeents, officers; employees or
20]3-2014 ESG Contract
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volunteers. However, Contractor shall have no obligation to defend or indemnify City
from a Claim if it is determined by a court of competentjurisdiction that such Claim-was
caused by the sole negligence or willful misconduct of City or its agents or employees.
2. Additional Requirement. Contracfor and its successors, assigns, and guarantors, if any,
jointly and severally agree to indemnify, defend (with counsel selected by Ciry),
reimburse, and hold City and its officers, employees, and agents harmless from any
daims, judgments, damages, penalties, fines, costs, ]iabilities (induding sums paid in
settlement of claims), or ]oss, including attorneys' fees, consultants' fees, and experts
fees which arise duri�g or afrer the contract term for any losses incurred i� 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 soi] vapors on the premises (hereinafter,
"Premises'), and the release or discharge of hazardous materials by Contractor during the
course of any alteration or improvements of the Premises of Cor.tractor, unless hazardous
materials are present solely as a result of the gross negligence or willful misconduct of
Ciry, its officers; employees, or agents. The indemnification provided by this sectio� shall
also specifically cover costs incuned 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 migrafe, 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.
The foregoing environmental indemnities shall survive the expiration or termination of
the contract, any or any transfer of all or any porfion of the Premises, or of any i�terest in
this contract, and shall be govemed 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 Contractor obligation to defend, at Contractor` s own cost,
expense and risk, any and all aforesaid suits, actio�s or other legal proceedings of every
kind that may be brought or instimted against the City, its directors, officia]s, officers,
employees, agents and/or volunteers. Contractor shall pay and satisfy any judgment;
award or decree that may be re�dered against City or its directors, officials, officers,
employees, agents and/or volunteers, for any and all ]egal expense and cost incurred by
each of them in connection therewith. �
4. Insurance Proceeds. Contractors obligatio❑ to indemnify shall not be restricted to -
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
20li-2014 ESG Contract
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� 2-� 8
�. Dedarations. Convactors oblisations under Article IV shall not be limited by any prior
or subsequent declaration by the Contractor.
6. Enforcement Costs. Contractor agrees to pa�� any and all costs Ciq� incurs enforcing the
indemnin� and defense pro��isions set forth in Article IV.
7. SurvivaL The foreeoin� indemnities shall sun•ive the eapiration or termination of the
contract any or any transfer of all or any portion of the Premises, or of any interest in this
contract and shall be eovemed by the laws of the State of Califomia.
ARTICLE V. TERIvII?�'ATION OF CONTRACT
A. Termination for Convenience. Either pam� may terminate this-contract afrer thirty days
N�itte� notice of inte�t to tertninate has been gi�Ten to the other pam�. Ho�vever, no �otice of
termination given b�� Contractor shall be effecti��e unless HUD has aereed to release Cit}� from
iu obligations pursuant to the Project. If the contract is terminated under this paragraph, all
finished and unfinished documents and other materials described herein (inciudine, but not
limited to items discussed in Attachment "A") shall; at the option of the Cirv, become City's
sole and esclusi��e propertv. If the contract is terminated b�� City under this paragraph:
Contractor shall be entitled to recei��e just and equitable compensation. in an amount based on
a��ailable funds under the ESG Pro�ram or the Project. but not to exceed that payable under this
contract for am� satisfactory ���ork completed to the effective date of such termination.
Contractor herebv eapressly H�ai��es any and alI claims for dama�es or compensation arisine
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 ESG Proeram or the Project. City shall provide
N�itten notice to Contractor of the intent to terminate under such erounds. In that event. 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 eadusive property. If the contract is terminated by City as provided in this paragraph;
Contractor shall be entitled to recei��e just and equitable compensation, in an amount based on
a��ailable funds under the ESG Pro�ram or the Project, but not in an amount to exceed that
payabie under this contract, for any satisfactory w�ork completed to the effecti��e date of such
tertnination. Contractor herebv expressly �vai��es any and all claims for damaees or
compensation arisine under this A�reement except as set forth herein.
C. Termination of Contract for Cause. Contractor and Cin� recoenize that the City is the
eovernmental entity ��fiich executed the arant agreement recei��ed pursuant to the Cin�'s
application and that Cih� is responsible for the proper performance of the Project. If Contractor
fails to fulfill in a timely and proper manner its oblieations under this contract to undertake,
conduct or perform the Project identified in this contract, or if Contractor��iolates any state la���s
or reeulations or local ordinances or reeulations applicable to implementation of the Project; or
if Contractor ��iolates any provisions of this contract. Cin� shall ha��e the right to terminate this
20li-201�ESG Contract
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contract by givine at least five days written notice to Contractor of the effective date of
terminatioa Even if Ciry terminates the contract, Contractor shall remain liable to Ciry for all
damages sustained by City due to Contractor's 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 Manager to enable the City to analyze and audit Contractor's project. All
records of the Contractor related to this Contract or ti�ork performed under this Contract shall be
open and available for inspection by HUD and/or City auditors during normal business hours.
Records shall be maintained for a period of at least five (5) years after the end of the grant term.
This provision also applies to subcontractors and Contractor will require subcontractors to
comply ��ith this provision.
B. Disclosure. The Contractor 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 City's or Contractor's responsibilities with respect to services provided
under this contract, is prohibited by federal privacy laws unless written consent is obtained from
such person receivine sen�ice and, in the case of a minor, that of a responsible parent/guardian.
C. Quarterly Reports/Consolidated Annual Performance Evaluation Report (CAPER).
Contractor shall provide the Ciry 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 contract, and an itemized
accounting of the eapenditures of ESG funds during the previous quarter, and number of
unduplicated clients served. In addition, Co��tractor will submit an annual CAPER report.
Failure to submit quarterly reports and CAPER report in a timely manner will result in
withholding of ESG funds until the report has been submitted. Evidence of match must be
submitted with each quartedy and annual report (CAPER).
D. Due Dates.
1. Quarterly Report due dates are: October 15, January 15, April I5, and July 15 (Q4 and Year
End Report).
ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A.Project Completion. Within ninety (90) calendar days 'following Project completion or
termination by City, Contractor agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Contractor agrees to perform financial and compliance a�dits the
� � - 2013-2014 ESG Contract
� . Page 14 of U
� 2-20
Ciq� may require. The Contractor also aerees to obtain anv other audits required by Citv.
Contractor aerees that Project closeout will not alter Contractors audit responsibilities.
C. Project Closeout. Project closeout occurs H�hen Cin� notifies the Contractor that Cim has
closed the Project and either fonaards the final payment or acl:no���ledees that the Contractor has
remitted the proper refund. The Contractor agrees that Project closeout b}� Cin� does not
im�alidate any continuine requirements imposed b�� the Agreement or any unmet requiremenu
set forth in a «�ritten notification from Cin�
ARTICLE VIII. A4ISCELLA\'EOUS PROVISIONS
A. Contract Administra(ion. The Cit}� Manaeer or designee sha11 administer this contract on
behalf of the Cin•. The Executive Director of South Bay Communit�� Services shall administer
this contract on behalf of the Contractor. Within a reasonable time after the Cin� makes a
request, Contractor shall give the City progress reports or other documentation as required by
the City's Contract Administrator to audit Contractors performance of this contract.
B. Term. This contract shall commence �vhen executed b}� the parties and shall continue in
effect until terminated as pro��ided herein or until Conuactor has carried out all its oblieations
under the convact. Sen�ices of the Contractor shall start on the 16`h da�� of October 2013 and
end ou the 30`" da�� of June 2013. �'�'ith Cit�� approval, this agreement ma�� also be extended
by mutual aereement for up to three (3) years, in one year increments throueh June 30, 2017 .
based on a��ailability of ESG Entitlement funds from the U.S Department of Housine and Urban .
Development.
C. Actions on Behalf of the Cih�. Except as Ciri ma�� specifi� in writine, Contractor shall
ha��e no authority, express or implied, to act on behalf of Cit�� in any capacity H�hauoever, as an
aeent or otherwise. Contractor shall have no authorih�. express or implied, to bind City or its
members, a2enu. or employees; to any obligation whatsoe��er,_unless expressh� provided in this
Aereement.
D. No Obligations to Third Parties. In connection H�ith the Project, Contractor agrees and
shall require that it's aeents, emplo��ees, subcontractors agree that the Ciq� shall not be
responsible for any obli�ations or liabilities to am� third pam�, including iu aeents; employees.
subwntractors, or other person or entity that is not a pam� to this Agreement. Nonrithstandine
that the Cin� ma}� ha��e concurred in or appro��ed any solicitation, subconuact, or third pam�
contract at an}�tier, neiiher Ciq� shall ha��e am� obligations or liabilities to such other pam�.
E. Administratire Claims Requirements and Procedures. No suit or arbitration shall be
brou�ht arising out of this contract. aeainst the Cin� unless a daim has first been presented in
w�riting and filed with the Ciry and acted upon by the City in accordance with the procedures set
forth in Chapter 1.34 of [he 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 Citv; Contractor shall meet and confer in good faith H�ith Cit�� for.the purpose of resoh�ing
any dispute over the terms of this A�reement.
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F. Attorney's Fees. Should a dispute arising out of this contract result in ]itigation, it is agreed
that the prevailino party shall be entitled to a judgment against the other for an amount equal to
reasonable attorne��'s fees and court costs incurred. The "prevailing party" shall be deemed to
be the party N�ho is aN�arded substantially the relief sought.
G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the
other party that it has le�al authority and capacity and direction from its principal to enter into
this conuact, and that all resolutions ar other actions have been taken so as to enable it to enter
into this contract.
H. Governing Law�/Venue. This contract 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 ]ocated 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 costs incurred to investigate and audit
Contractor s performance of its duties under the Contract if Contractor is subsequently found to
have violated the terms of the contract. 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 u�der this contract.
J. 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. 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 certi5ed mail.
Notices shall be sufficient if personally served on or if senY by certified mail, postage prepaid,
addressed to:
Contractor: City:
South Bay Community Services City of Chula Vista
President and CEO Housing Manager
430 F Street 276 Fourth Avenue
Chula Vista. CA 91910 Chula Vista, CA 91910
Signature Page to Follow
2013-2014 ESG Contract
Page 16 of 17
� 2-22
SIGNATURE PAGE
IT�T \�'ITI�?ESS WHEREOF, the Contracior and City have executed t}iis conh�act as;of tlie date
first «Titten above. �
CITY OF CHL7LA V15TA.
James D. Saridoval
Ciry Manage"r; Cifi of Chula Vista
APPROVED ASTO FORM
f Glen_R. Googips-
� City At{bri�e}�
i
;
�
j ' ATTEST �
�
! City Cleik
' SOUTH.BAY COAIA7UNITY S�RVICES:
��
�
— - -i 1 /
Ka4tuyn e . ;Presi ent and CEO
� _ _.
_.
� - � � 2013-20I4 ESGContraa
Page 17'of 17
12-23
ATTACHMENT A
SCOPE OF WORK
50UTH BAY COMMUNITY SERVICES
CITY OF CHULA VISTA I2APID REHOUSING RENTAL ASSISTANCE PROGRAM
The Contractor shall provide the services to the homeless in accordance with the City of Chula
Vista's approved application with the U.S. Department of Housing and Urban Development
(HiJD) for Community Development Block Grant and Emergency Solutions Grant Fu�ding.
A: SERVICES:
Contractor's Rapid Re-Housin� proeram provides financial assistance including security
deposits; rental assistance, housing seazch assistance, housing stability services, mediation,
financia] education includi�g credit repair, budgeting and money management; as well as rental
assistance for extremely low income individuals and families, many of whom w�ill fall into
Hi7D's definition of homeless (Category 1 and Category 4) that includes special needs
populations (i.e. domestic violence victims, homeless youth, veterans, mentally ill, etc.).
Contractor will recruit and screen each potential client for income qualifications and program
eligibility, and provide those eligible with a number of housing related services:
• For clients using Tenant Based Rental Assistance: Financial Assistance for security
deposits of up to $1,000 and rental assistance for up to an initial 6-month period with the
possibility of tN�o extensions, based on funding availability. Rental Assistance shall not
to exceed $1,000 per month. Additional assistance includes the following: Utility
deposits shall not exceed �125, credit checWapplication assistance shall not exceed
$3�.00 per adult in the household. For tenant-based rental assi"stance, there is no
requirement that the time period of the rental assistance agreement coincide with the term
of the lease betti�een the program participant and the landlord.
• For clients using Project Based Rental Assistance: Financial Assistance for securiry
deposits of up to $1,000 and rental assistance for up to an initial 6-month period with the
possibility of e�tensions not to exceed two years of assistance and based on funding
availability. Rental Assistance shall �ot to exceed $1,000 per month. Additional
assistance includes the following: Utility deposits shall not exceed $125, credit
checWapplication assistance shall not exceed $35 per adult in the household. For
project-based rental assistance, the initial terms of the lease and the rental assistance
agreement must each be 1 year.
• Housing Services includes, housing search assistance, housing placement, housing
stability, mediation, financial literacy and credit repair.
20Li-2014 ESG Contract
Attachment"A"—Scope of Work and Bud2et
12-24
• Provide HPRP seroices for up to 1� extremeh� low-income households (earnine less than
30%of the Area Median Income) who are homeless (Cate�orv 1 and 4) during the [erm
of the contract.
• Pro��ide sen�ices in accordance to the Cit}� of Chula Vista's \'�'ritten Standards for
providing ESG assistance.
All HPRP clients and their families w�ill have access to a ���ide arra�� of programmino includino
individuaL group. and family counseline; shelter, transitio�al livin2, and support sen�ices to
develop self-sufficienc�� lifestyles for homeless families, domestic ��iolence victims and their
children, and homeless ��outh who ha��e aeed out of the foster s}�stem; transitional and other
affordable housine programs; youth emplo��ment training and assistance; drug and alcohol
prevention and inten�ention; domestic ��iolence pre��ention and inter��ention: community
development semices and projects;juvenile diversion; gane intervention; afrer-school proerams;
literac}�/tutoring; mentorine proerams; child abuse prevention and intervention; school-readiness
services; and children's health and developmental screening. assessment and treatment.
B: RECORD KEEPII�TG:
Contractor ���ill utilize the Homeless Management Information S}�stem (H�4IS) to record client
information and produce quarterly statistics for the City of Chula Vista. At a minimum,
Contractor w�ill input the followine data elements: Entry Date, Exit Date, Aee, Gender; Veteran
Status, Ethnicin�/Race, Special 1�'eeds/Disabilities, Prior Livine Situation, Amount and Source of
Monthly Income (at entrance and at exit), Length of Stay (calculated automatically), Reason for
Lea��ine and Destinatioa
The Resional Task Force on the Homeless �vill provide Contractor implementation. trainine and
technical support for using FII�41S.
C: ESTIA�IATED BUDGET:
Contractor H�ill make all eood faith and reasonable efforts to complete the work under this
Contract within the following estimated budeet. In no case shall Contractor be entided to. or
shall funds be reimbursed in excess of the total compensation described in ParaQraph I�'o. 3 of
this contract.
D. ELIGIBLE CLIEI�'TS:
Contractor w�ill use the H[1D definition of homeless found in 24 CFR Part �76. as amended.
Homeless Means:
1. Individuals and Families defined as Homeless under the followine cateeories are elisible for
assistance in ESG projecu: �
• Cateeory 1 —Literally Homeless
• Cateeon� 4 —Fleeine/Attempting to Flee D\'
20li-2014 ESG Contract
Attachment"A"—Scope of Norl:and Budeet
12-25
This final rule, published in the Federal Register (Vol. 76. No. 233) on December 5, 2011,
integrates the regulation for the definition of"homeless," and the corresponding recordkeeping
requirements, for the Emergency Solutions Grants program.
E. Performance Measurements: Contractor H�ill serve up to 15 Chula Vista residents that are
extremely low-income homeless individuals and families that meet HUD's definition of
homelessness.
Objectives
Objective I: 80% of the program participants will find stable housing b�� the completion
of their program.
Objective 2: By June 30, 2014, program participants will complete a housine plan with
goals and objecti��es that includes self sufficiency activities.
Outcome Evaluation
Outcome 1: Maintain case files documenting beginning status of activities (e.g. housing,
no income, no bank account); compared to ending staws (e.g., finding stable housing;
opening a bank account (if feasible), establishing income).
Outcome 2: Staff H�ill administer Customer Satisfaction Questionnaires to help determine
accomplishment of case plans.
Outcome 3: Ensure each program paRicipant has applied for mainstream resources
including Food Stamps; Medi-Cal, and affordable housing including Section 8 rental
assistance and Public Housing.
Outcome 4: Ensure clients are making program towards self sufficiency.
F. Documentation of Homelessness (Recordingkeepine and Reportin2 Requirements &570.5001
Maintain adequate documentation of homelessness status to determine the eligibility of persons
served by NCJD's homeless assistance programs. The documentation shall be obtained by the
participant or a third parry at the time of the referral; entry, intake, or orientation to the ESG-
funded project. Contractor shall maintain and follow writlen intake procedures to ensure
compliance with the homeless definition in §576.2. A copy of the documentation shall be
maintained in the client file. �
G. Homeless Manaeement Information Svstem fHMISI &576.]07
Activities funded under this Agreement must comply with HUD's standards on participation;
data collection, and reporting under a local HT47S.
H. Shelter and Housine Standards &570.403
The habitability standards include Lead-Based Paint remediation and disclosure requirements.
- � 2013-2014 ESG Contract
Attachmeot"A"—Scope of Work and Budget
� 2-26
Each assisted housine unit Emeroency Shelter must meet minimum habitabilin� standards
adopted from the SHP�reeulations and current Emereencti� Solutions Grant euidance summarized
below:
Habitobiliq�srandards (24 CFR Part.i83.300(b). Except for such variations as aze
proposed by the recipient and approved by HUD, supportive housine must meet the
follo��ing requirements:
Q) Structure and materiols. The structures must be structuralh� sound so as not to pose
any threat to the health and safen� of the occupanu and so as to protect the residents from
the elements.
(2)Access. The housine must be accessible and capable of beins utilized n�ithout
unauthorized use of other private properties. Structures must pro��ide altemate means of
eeress in case of fire. - _
(3)Space and securih�. Each resident must be afforded adequate space and security for
themselves and their beloneings. Each resident must be provided an acceptable place to
sleep.
(4) Interior air quality. E��ery room or space must be pro��ided with natural or mechanical
��entilation. Structures must be free of pollutants in the air at levels that threaten the
health of reside�ts.
(�) Woter supply. The H�ater supply must be free from contamination.
(6)Sonimry facrlities. Residents must ha��e access to sufficient sanitam facilities that are
in proper operating condition, may be used in privac��, and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal emironment. The housine must ha��e adequate heatine and/or coolina
facilities in proper operating condition.
(8) Illumination ond elecniciry. The housine must ha��e adequate natural or artificial
illumination to permit nortnal indoor activities and to support the health and safeh� of
residents. Sufficient electrical sources must be provided to permit use of essential
electrical appliances ���hile assuring safen� from fire.
(9)Food preparation and refuse disposal. AIl food preparation areas must contain
suitable space and equipment to store, prepare, and sen�e food in a sanitan�manner.
(10)Sonitar��condirron. The housine and anv equipment must be maintained in sanitan�
condition.
(11)Fire safen�.
20li-2014 ESG Contract '
Attachment"A"—Scope of N'orA and Budeet
� 2-2�
(i) Each unit must include at least one battery-operated or hard-wired smoke
detector, in proper working condition, on each occupied ]evel of the unit. Smoke ,
detectors must be located, to the extent practicable, in a hallway adjacent to a
bedroom. If the unit is occupied by hearing-impaired persons, smoke detectors
must have an alarm system designed for hearing-impaired persons in each
bedroom occupied by a hearin�impaired person.
(ii) The public areas of all housing must be equipped with a sufficient number, but
not ]ess than one for each area, of battery-operated or hard-wired smoke detectors.
Public areas include, but are not limited to, laundry rooms, community rooms, day
care centers, hallways, stairwells, and other common areas.
I. T4atchine Requirement §576.201
Contractor must make matching contributions to supplement th� ESG program funding
received under this Aereement Matching contributions may be obtained from any source;
including any Federal source other than the ESG program, as well as state, local and private
sources. However, the following requirements apply to matching contributions from a
Federal source of funds:
(a) The recipient must ensure the ]aws governing any funds to be used as matching
contributions do ❑ot prohibit those funds from being used to match Emergency Solutions
Grant(ESG) funds.
(b) If ESG funds are used to satisfy the matching requirements of another Federal program,
then funding from that program may not be used to saYisfy the matching requirements under
this section.
(c)Recognition of matchiiag contribu�ions.
(1) In order to meet the matching requirement, the matching contributions must meet all
requirements that apply to the ESG funds provided by HUD; except for the eapenditure
limits in § 576.100.
(2)�The matching contributions must be provided afrer the date that HUD signs the grant
agreeme�t.
(3) To count toward the required match for the recipienPs fiscal year grant, cash
contributions must be expended within tl�e expenditure deadline in § 576.203, and
noncash co�tributions must be made �vithin the expendimre deadline in § 576.203.
(4) Contributions used to match a previous ESG grant may ❑ot be used to match a
subsequent ESG grant.
� � � 2013-2014 ESG Contract
Attachment"A"—Scope of Work and Budget
� 2-28
(�) Convibutions that ha��e been or will be counted as satisfi�ing a matching requirement
of another Federal erant or aw�ard ma}� not count as satisfi�ine the matching requirement
of this section.
(d) Eligrble h�pes of matching contributions. The matchine requirement ma}� be met by one or
both of the followine:
(1) Cosh contributions. Cash expended for allo�vable cosu; as defined in OD� Circulars
A-87 (2 CFR part 22�) and A-122 (2 CFR part 230), of the recipient or Contractor.
(2) A'oncash contributrons. The ��alue of any real propem�, equipment eoods, or services
contributed to the recipient's or Convactor's ESG proeram, provided that if the recipient
or Contrac[or had to pay for them with erant funds, the costs would ha�=e been allow•able.
?�joncash contributions ma}� also include the purchase value of any donated buildine.
(e) Calculating d7e amow�t of»oncash contributrons.
(1) To determine the value of any donated material or building, or of a�y lease; the
recipient must use a method reasonably calculated to establish the fair market value.
(2) Services pro��ided by individuals must be valued at rates consistent with those
ordinaril�� paid for similar w�ork in the recipient's or Convactor's organization. If the
recipient or Contractor does not have employees performing similar work, the rates must
be consistent H�ith those ordinaril}� paid by other emplo��ers for similar H�ork in the same
labor market.
(3) Some noncash contributions are real property, equipment, goods; or services that, if
the recipient or Contractor had to pay for them with grant funds, the pa}�ments would
ha��e been indirect costs. A4atching credit for these contributions must be gi��en only if the
recipient or Contractor has esfablished, along ���ith its reeular indirect cost rate, a special
rate for allocatin� to individual projects or proerams the value of those.contributions.
(� Costs poid by progrom income. Costs paid by program income shall count toward meeting
the recipient's matching requiremenu; pro��ided the costs are eligible ESG cosu that
supplement the recipient's ESG program.
l. Estimated Budset: Contractor ���ill make all sood faith and reasonable efforts to complete
the ���ork under this Contract �vithin the followine estimated budeet. In no case shall
Contractor be entitled to, or shall funds be reimbursed in escess of; the total compensation
described in Paraeraph I�'o. 3 (COD'IPEI�SATIOI�' SEC710\� ofthis Contract.
20li-2014 ESG Contract
Attachment"A`—Scope of�1'orl:and Budeet
� 2-29
I
SOUTH BAY COMMUNITY SERVICES
City of CV Rental Assistance �
Oct 16,2013-Jun 30,2014
Annual %to
PERSONNEL Salary Program TOTAL Reauested Match
Department Director� 5102,000 10°h .5,10,2D0 �0 510,200
Program Coordinator S 50,925 i2°i, 6;111 3,565 2;546
FSS Associate � 5 52,a45 100% 52,445 � �-0 52,445
Contraa.Compliance S-44,782 �5°h� 2,239 .2,239 - - 0
Staff Accountant 5.50,000 i0°k �S,O�D 0 s,000
LISC-Vol 5 �15,000 100°k 15,000 15.000 0
Sub-TotalSalaries $90,995 $�2U,604 5, 70,191.
FICA 6,961 444 6,51Z -
SUI. 706 36. 671
Pension 9;100 580. 8,520
Health Insurence� 16;116 �8'16 15,300
-TOTAL PERSONNEL $123,878 $�22,680 5 707�,198
NON-PERSONNEI
Equipment-PC 950 950 0
Insurence Liability� 1,D82 332 75D
Insurance WlCompensation 7,542 138 1,404
Mileage 100 mis/mth x 5.56 672 0 672
Printing 900 9D0 �
Office Supplies 2,400 0 2,400
Program Supplies - 3,600 0 3,600
Rental Asst Services 125,OD0 125,D00 0
Rent - 7,50D 0 7,500
Telephone 1,500 D 1,500
UGIiGes. 1,444 0 1;444
VJrapfunds 5.000 �0 5.000
TOTAL DIRECT COST $275,466 $15Q000� 5-125,468
Indirect @.12:9% 35:535 35:535
TOTAC COST � $�. '319,002 . $15D,000 $ 161,002
2013-2014 ESG Contract
Anachment"A"-Scope of Work and Budget
12-30
ATTACHMENT"B"
_ 2013 San Diego Income Limits& Self Certification Form
Median Income: $72,300
. �
� ��
HH of 1: I $ 16,950
HH of 2: $ 19,400
HH of 3: $ . 21,800
HH of 4: $ 24,200
HH of 5: $ 26,150
HH of 6: $ 28,100
HH of 7: $ 30,050
HH of 8: $ 31,950
Saurce:
http://www.huduser.or�/portal/datasets/i I/i113/index.html
20li-2014 ESG Contract
- Attachment"B"—Income Limiu
12-31
City Disclosure Fonn on File
2013-2014 ESG Contract
Attachmem"C°-Disclosure Statemen[
12-32
� Contact: R0661NS, LOU-ELLEN
Emai I: Irobbins@aeiger.com
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