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HomeMy WebLinkAboutReso 2021-162 RESOLUTION NO. 2021-162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(3) AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT WITH SBCS CORPORATION TO PROVIDE AN EMERGENCY RENTAL AND UTILITY ASSISTANCE PROGRAM FUNDED BY STATE AND FEDERAL AMERICAN RESCUE PLAN ACT OF 2021 ALLOCATIONS WHEREAS, in January 2020, as a result of the COVID-19 virus, the World Health Organization ("WHO") declared a Public Health Emergency of International Concern and the United States Secretary of Health and Human Services declared a Public Health Emergency; and WHEREAS, various states of emergency were declared by the United States (March 13, 2020), the State of California(March 4, 2020), the County of San Diego (February 19, 2020) and the City of Chula Vista (March 17, 2020 pursuant to City Council Resolution No. 2020-065) because of the threat to public safety (to persons and property including both physical and economic harm) as result of the COVID-19 virus; and WHEREAS,the Centers for Disease Control and Prevention,the California Department of Public Health, and the San Diego County Department of Public Health have all issued recommendations and orders, including,but not limited to, social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus that continues to the present; and WHEREAS,the economic impact and financial hardship faced by low-income households as a result of COVID-19 pandemic has affected their ability to pay for housing and basic needs, placing them at risk of homelessness during this period where it is critical to self-quarantine, self- isolate, or otherwise remain in their homes to reduce the transmission of COVID-19; and WHEREAS, on March 11, 2021, the President of the United States signed into law the American Rescue Plan Act of 2021 (the "Act", more commonly known as "ABPA"), which authorized $21.6M in emergency rental relief; and WHEREAS, Section 3201 of ARPA established the federal Emergency Rental Assistance Program ("ERA2") and authorized the direct allocation of emergency rental assistance funds to units of local government; and Resolution No. 2021-162 Page No. 2 WHEREAS, ERA2 funds are intended to assist low-income households that have experienced a financial hardship due to the COVID-19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing stability; and WHEREAS, ERA2 sets aside an additional $2.5 billion for eligible grantees with a high need for ERA2 assistance, based on the number of very low-income renter households paying more than 50 percent of income on rent or living in substandard or overcrowded conditions,rental market costs, and change in employment since February 2020; and WHEREAS, the City of Chula Vista received a direct ERA2 allocation from the U.S. Treasury Department ("US Treasury") in the amount of $9,931,566.40 ($6,457,515.40 initial allocation and a high need allocation of 3,474,051.00); and WHEREAS, ARPA provided $2.2 billion to the State of California from the US Treasury; and WHEREAS, on June 28, 2021, the State of California passed Assembly Bill ("AB") 832 that approved the State Rental Assistance Program-2 ("SRA2") that allows Cities and County's with populations over 200,000 to opt into one of three program models using its direct allocation form the US Treasury; and WHEREAS, by accepting SRA2 as a block grant (Option B) in the amount of $7,600,103.26,the City shall take on the responsibilities included in AB 832 and Health and Safety Code Sections 50897.2.1 and 50897.3.1; and WHEREAS, the City will contract with a Subrecipient, SBCS Corporation, to assist with the expenditure of a portion of the U.S. Treasury Department Emergency Rental Assistance Funding and State of California Rental Assistance Program (ERA2 and SRA2) funds will be allocated to assist low-income residents affected by the COVID-19 Pandemic, as follows: Agency Program Funding Source Total Allocation SBCS Corporation Emergency Rental U.S Treasury $9,708,106.16 Assistance Program ERA2 SBCS Corporation Emergency Rental State HCD SRA2 $7,542,234.45 Assistance Program Total $17,250,340.61 WHEREAS, in order for an outside agency to receive and operate a grant funded activity, they must formally enter into a Subrecipient agreement with the City of Chula Vista in order to formalize and specify the requirements and conditions under which the U.S. Treasury Direct Allocation and State Block Grant Allocation funds are being provided to the outside agency; and Resolution No. 2021-162 Page 3 (41W WHEREAS, staff intends to utilize City's standard template, the City of Chula Vista Contractor/Service Provider Services Agreement, to contract with the outside service providers; and WHEREAS, City Council finds: (1) that the use of the competitive bidding process set forth in Chula Vista Municipal Code (CVMC) Section 2.56.070 is impractical and that the City's best interests would be better served by waiving said bidding requirements, particularly given the strict time lines required by the state and federal governments to encumber and expend said funds and the urgent need for said funds by the citizens of Chula Vista (2) and that SBCS is uniquely qualified to meet the state and federal grant obligations, including, but not limited to, that SBCS has a long history of partnering with the City to administer rental assistance programs and complying with attendant state and federal regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista (1) that it, based upon the above findings, that it hereby waives the competitive bid requirements set forth in Chula Vista Municipal Code section 2.56.070 and SBCS is awarded the contract on a "sole source"basis under the authority of Chula Vista Municipal Code section 2.56.070(B)(3) and (2) that it authorizes the City Manager to enter into a City of Chula Vista Contractor/Service Provider Services Agreement between City and SBCS Corporation in accordance with the general terms and conditions as outlined in the agenda statement and attendant State and Federal Requirements, in a not to exceed an aggregate amount of$17,250,340.61 on a form approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. [SIGNATURES ON THE FOLLOWING PAGE] Resolution No. 2021-162 Page No. 4 Presented by Approved as to form by Tiffany llen Gen R. G ogins Director of Development Services CityAlto6iey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of August 2021 by the following vote: AYES: Councilmembers: Cardenas, Galvez,Padilla,and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: McCann Mary C i las Salas, Mayor ATTEST: Kerry K. I i elow, MAC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2021-162 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of August 2021. Executed this 24th day of August 2021. Kerry K. A4elow, MMC, City Clerk