HomeMy WebLinkAbout2006/08/01 Item 4
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08/01/06
CITY COUNCIL AGENDA STATEMENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS AND AN
EMERGENCY SHELTER GRANT (ESG) CONTRACT FOR FISCAL YEAR
2006-2007 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS
COMMUNITY GROUPS; AND THE GRANT AGREEMENTS BETWEEN
THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
SUBMITTED BY: ACTING COMMUNITY DEVEL MENT DIRECTOR
REVIEWED BY: INTERIM CITY MANAGER II
ITEM TITLE:
4/5THs VOTE: YES D NO 0
BACKGROUND
On April 4, 2006, the City Council approved Community Development Block Grant
(CDBG) funds for public service programs, community enhancement projects, city capital
improvement programs, and CDBG administration and planning/coordination activities.
In addition, the City Council approved an Emergency Shelter Grant (ESG) program and
City administrative costs.
The U.S. Department of Housing and Urban Development (HUD) requires a written
contract between the City and each Subrecipient of CDBG, ESG and HOME Investment
Partnerships Program (HOME) funds. Since HOME funds are primarily used for the
provision of affordable housing, these contracts will be brought forward as projects are
negotiated. In addition, the CDBG contract between the San Diego-Imperial Valley
Labor Council Safe and Accessible Sidewalk project and the County of San Diego
Regional Shelter Voucher Program will be brought forward as the project details are
confirmed.
RECOMMENDATION
1. That the City Council adopt the resolution authorizing the City Manager to:
a. Execute the Community Development Block Grant (CDBG) contracts and an
Emergency Shelter Grant contract for fiscal year 2006-2007 between the City
of Chula Vista and various community groups and amend said contracts for
minor line item budget adjustments or necessary programmatic changes to the
Scope of Work; and
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b. Execute Fiscal Year 2006-2007 Community Development Block Grant, HOME
Investment Partnerships (including the American Dream Downpayment
Initiative) and Emergency Shelter Grant Agreements between the City of Chula
Vista and the U.S. Department of Housing and Urban Development.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
CDBG & ESG CONTRACTS
The CDBG, and ESG contracts between the City and the Subrecipients cover the period
from July 1, 2006 to June 30, 2007. Each contract (CDBG and ESG) has several exhibits
attached which are incorporated into the contract. Sample CDBG and ESG Subrecipient
contracts including attachments a through d, are included as Attachments 1 and 2,
respectively. The attachments to the agreements are:
Attachment A:
Attachment B:
Attachment C:
The Scope of Work describes the service the agency will be
providing and the estimated number of people who will be provided
each of these services each month. This performance schedule will
be used to monitor each agency's progress in completing the scope
of work.
The Scope of Work includes an Estimated Budget that details
how the agency intends to expend the CDBG/ESG funds. This
itemized budget will be used to monitor expenditures throughout the
year. Minor adjustments to budget line items or necessary
programmatic changes to the Scope of Work will be handled
administratively.
Insurance Requirements describes the insurance requirements by
the City of Chula Vista.
The HUD Income Limits for the San Diego Standard
Metropolitan and sample form (effective March 2006) will be
used to determine the number of low income households/persons
served. Each program is required to serve a minimum of 51 percent
low-income persons/households. A sample form for capturing this
data is included in CDBG agreements.
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Attachment D:
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City 01 Chu/a Vista Third Party Disclosure Form. This form is
provided to Subrecipients to complete.
The CDBG/ESG agreements included are for contracts with the following organizations
for the purpose and amount stated:
Adult Protective Services
C. V. Communi Collab./CVESD
C. V. Veterans Home Su ort Fndtn.
Famil Health Centers of S.D.
Lutheran Social Services
Lutheran Social Services
Meals-an-Wheels
South Sa Communit Svcs.
South Sa Communit Svcs.
South Ba Communi Svcs.
YMCA
Fair Housin Council of San Die 0
Re ional Task Force on the Homeless
Sub-Total
South Sa Adult Da Health Care
Child Care Coordinator
Rehab Unit E ui ment
KidCare Ex ress III Mobile Med. Unit
Carin Nei hbor
Pro'ect Hand
Meals-an-Wheels Chula Vista
Famil Violence Treatment
Prevention & Diversion Pro"ect
Thursda 's Meal
Kinshi Su art Services
$11,000
$42,000
3,500
27,000
20,000
8,000
$12,000
$34,000
96,600
10,000
25,000
00
Fair Housin & Tenant Education
Re ional Task Force on the Homeless
$37,000
$1,000
$38,000
South Ba Communit Services
Sub- Total
Casa Nueva Vida I - ESG06
$82,644
$82,644
The above list of contractors includes outside agencies and does not include City
administered projects or programs. HOME funds will be contracted at a later time as well
as two CDBG projects.
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HUD GRANT AGREEMENTS
Annually, the City of Chula Vista is required to enter into grant agreements with the U.S.
Department of Housing and Urban Development (HUD) for the following federally-
funded entitlement grant programs: Community Development Block Grant ($2,042,661),
HOME Investment Partnerships ($954,765 including the American Dream Downpayment
Initiative) and Emergency Shelter Grant ($86,993). For FY 2006-2007, HUD will send
the grant agreements to the City Manager to sign and return to the U.S. Department of
Housing and Urban Development in order for the City of Chula Vista to receive its annual
entitlement funding. The sample agreements from FY 05-06 are included as Exhibit 2 of
the resolution.
FISCAL IMPACT
CDBG contracts, internal projects and administrative costs, totaling $2,042,661, will be
funded out of the City's 2006-2007 CDBG entitlement from the Department of Housing
and Urban Development. $954,765 will be funded with HOME entitlement funds, and
$86,993 from ESG Entitlement funds. HOME funds will be contracted at a later time as
well as two CDBG projects. In the remote event that HUD should withdraw the City's
CDBG and HOME funding, the agreements provide that the City is not obligated to
compensate the Subrecipients for program expenditures. CDBG, HOME, and ESG funds
were appropriated as part of the fiscal year 2007 budget. Tonight's action authorizes
the issuance of contracts with Subrecipients; there is no fiscal impact from this action.
AnACHMENTS
1. - Sample CDBG Agreement
Which includes the following attachments:
Attachment A- Scope of Work
Attachment B- Insurance Requirements
Attachment C- HUD Income Limits 2006
Attachment D- Disclosure Form
2. - Sample Emergency Shelter Grant Contract
Which includes the following attachments:
Attachment A. Scope of Work
Attachment B- Insurance Requirements
Attachment C- HUD Income Limits 2006
Attachment D- Disclosure Form
3. Subrecipient Disclosure Forms
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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 COUNCIL
~dbLL it!:r Ad!
AnnM e
City Attorney
Dated: July 26, 2006
Contract for Management and Implementation of a Community
Development Block Grant Project-Limited Clientele
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~ff?
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Attachment 1
~
OTY Of
CHUlA VISIA
CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF
A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT-LIMITED CLIENTELE
INSERT CONTRACTOR'S NAME
INSERT PROJECT NAME
This Contract Number by and between Adult Protective Services,
Inc. (hereinafter referred to as "Subrecipient") and the City of Chula Vista
(hereinafter referred to as "City") is effective on July 1. 2006 ("Effective Date").
WIT N E SSE T H:
WHEREAS, there has been enacted into law the Housing and Community
Development Act of 1974 (the "Act"), the primary objective of which is the
development of viable urban communities by providing federal assistance for
community development activities in urban areas; and
WHEREAS, the City, is authorized to apply for and accept Community
Development grants; and
WHEREAS, City incorporated the Subrecipients's proposal for the project
described in Attachment "A" hereof (hereinafter referred to as the "Project")
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); and
WHEREAS, HUD has approved the City Annual Funding Plan for
Community Development Block Grant funds; and
WHEREAS, it is the desire of the Subrecipient and the City that the Project
be implemented by the Subrecipient; and
WHEREAS, the Subrecipient shall undertake the same obligations to the
City with respect to the Project in the City's aforesaid Annual Funding Plan for
participation in the Community Development Block Grant program;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of
work ("Scope of Work") described in Attachment A, 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
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Plan. The Annual Funding Plan and Certifications form is hereby incorporated
by reference into this contract fully as if set forth herein.
Subrecipient shall also undertake the same obligations to the City that the
City has undertaken to HUD pursuant to said Annual Funding Plan and
Certifications. Subrecipient 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 Subrecipient to comply with the requirements of any such obligation.
The obligations undertaken by Subrecipient include. but are not limited to, the
obligation to comply with the current and most up-to-date version of each of
the following:
a. The Housing and Community Development Act of 1974
(Public Law 93-383, as amended, 42 USC S 5301, et seq.);
b. HUD regulations relating to Community Development Block
Grants (24 CFR 570.1, et seq.);
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 S 2000d); Title VII
of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act
of 1968 (Fair Housing Act, 42 USC S 3601, et seq.); Section 109 of the Housing and
Community Development Act of i 974; 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. 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 section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701 u
(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
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other impediment that would prevent them from complying
with the part 135 regulations.
iii. The Subrecipient agrees to send to each labor organization
or representative of workers with which the Subrecipient has a
collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers'
representative of the Subrecipient's commitments under this
section 3 clause, and will 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 notice. The notice 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 Subrecipient agrees to include this section 3 clause in
every subcontract subject to compliance with regulations in
24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract 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
Subrecipient will not subcontract with any sub-contractor
where the Subrecipient has notice or knowledge that the sub
contractor has been found in violation of the regulations in 24
CFR part 135.
v. The Subrecipient will certify that any vacant employment
positions, including training positions, that are filled (1) after
the Subrecipient is selected but before the contract 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
Subrecipient's obligations under 24 CFR part 135.
vi. Noncompliance 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 (25
U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and
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employment shall be given to Indians, and (ii) preference in
the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned 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 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 Circular 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 Subrecipient to return any program income earned by
Subrecipient in carrying out the activities of this Contract to the City.
Upon expiration of this Contract, Subrecipient shall transfer to the
City any Community Development Block Grant funds on hand at the time of
expiration and any accounts receivable attributable to the use of Community
Development Block Grant funds. Any real property underSubrecipient's control
acquired or improved in whole or in part with Community Development Block
Grant funds in excess 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;
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j. The following laws and regulations relating to preservation of
historic places: National Historic 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.9 1501, et seq.);
n. The Flood Disaster Protection Act of 1973 (42 U.S.c. 9 4001, et
seq., and the implementing regulations 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. 9 7401, et seq.) and the Federal
Water Pollution Control Act, as amended (33 U.S.C. 9 1251, et seq.) and the
regulations adopted pursuant thereto (40 CFR Part 6);
q. The Drug-Free Workplace Act of 1988 (Public Law 100-690);
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 Subrecipient, or its
designee or agents, no member of the governing body of the locality in which
the program is situated, and no other public 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 program assisted under the Grant, and that it
shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes of this
certification.
t. The Subrecipient 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 behalf 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
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employee of Congress, in connection with the awarding of
any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any
cooperative contract, and the extension, 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
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
u. The Architectural Barriers Act of 1968 (42 U.s.C. ~ 4151, et
seq.);
v. The Americans with Disabilities Act (42 U.S.c. ~ 12101); and
w. The bonding requirements described in 24 CFR Part 85.36
required for construction or facility improvement contracts or subcontracts that
exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)). These
requirements are further described in Attachment B, which is attached hereto
and incorporated by reference.
2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all
applicable local, state, and federal laws, regulations, and ordinances when
performing the work required by this Contract.
3. COMPENSATION: City shall reimburse Subrecipient for the costs it
incurs for work performed under this Contract, not to exceed a maximum
reimbursement of S . Subrecipient shall not submit claims to the City
nor shall City reimburse Subrecipient for costs for which Subrecipient is
reimbursed from a source other than the funds allocated for work under this
Contract.
4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly
progress payments upon submittal by Subrecipient of a certified 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 Subrecipient
that all of the required services have been completed. Payment by City is not
to be construed as final in the event HUD disallows reimbursement for the
project or any portion thereof. The 10% retention will not apply to acquisition
or service contracts.
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5. INDIRECT COSTS: If indirect costs are charged, the Subrecipient
will develop an indirect cost allocation plan for determining the appropriate
Subrecipient's share of administrative costs and shall submit such plan to the
City for approval.
6. EXPENDITURE STANDARD: To insure effective administration and
performance of approved Community Development Block Grant projects and
to meet HUD performance standards, Subrecipient shall demonstrate
reasonable progress on implementation of the project, expending all
contracted funds within 12 months from the date the contract is executed. In
the event all funds are not expended within 12 months, the City shall notify the
Subrecipient of the expenditure deficiency. Subrecipient will have a total of 60
days from the date of the City's written notification to correct the deficiency.
If the deficiency is not corrected within that time, Subrecipient agrees that the
City may reallocate the amount of the expenditure deficiency.
7. TERM: This contract shall commence when executed by the parties
and shall continue in effect until terminated as provided herein or until
Subrecipient has carried out all its obligations under the contract. Services of
the Subrecipient shall start on the 1 st day of July, 2006 and end on the 30th day
of June of 2007. With City approval, the term of this Agreement and the
provisions herein shall be extended to cover any additional time period during
which the Subrecipient remains in control of CDBG funds or other CDBG assets,
including program income.
8. TERMINATION FOR CONVENIENCE: The City may permit the
agreement to be terminated for convenience in accordance with 24 CFR
85.44.
9. AUTOMATIC TERMINATION: This Contract shall terminate at the
discretion of the City if the United States Government terminates the
Community Development Block Grant Program or terminates the Project that is
the subject of this Contract.
10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City
recognize that the City is the governmental entity which executed the grant
agreement received pursuant to the City's application and that City is
responsible for the proper performance of the Project. If Subrecipient 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
Subrecipient violates any state laws or regulations or local ordinances or
regulations applicable to implementation of the Project, or if Subrecipient
violates any provisions of this contract, City shall have the right to terminate this
contract by giving at least five days written notice to Subrecipient of the
effective date of termination. Even if City terminates the Contract,
Subrecipient shall remain liable to City for all damages sustained by City due
to Subrecipient's failure to fulfill any provisions of this Contract, and city may
withhold any reimbursement payments form Subrecipient for the purpose of
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set-off until the exact amount of damages due to' City from Subrecipient is
determined. Subrecipient 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.
11.CONTRACT ADMINISTRATION: The City Manager of the City of Chula
Vista, shall administer this Contract on behalf of the City. The Executive
Director shall administer this contract on behalf of the Subrecipient. Within a
reasonable time after the City makes a request, Subrecipient shall give the City
progress reports or other documentation as required by the City's Administrator
to audit Subrecipient's performance of this Contract.
12. RECORDS AND REPORTS: The Subrecipient shall maintain records and
make such reports as required by the City of Chula Vista, to enable the City to
analyze Subrecipient's project. All records of the Subrecipient related to this
Contract or work performed under the Contract shall be open and available
for inspection by HUD and/or City monitors and auditors during normal business
hours.
13. RETENTION: The Subrecipient shall retain all financial records,
supporting documents, statistical records, and all other records pertinent to the
Agreement for a period of four (4) 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 Agreement 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 four-year period, then
such records must be retained until completion of the actions and resolution of
all issues, or the expiration of the four-year period, whichever occurs later.
14. CLIENT DATA: The Subrecipient shall maintain client data
demonstrating client eligibility for services provided. Such data shall include,
but not be limited to, client name, address, ethinicity, and income level or
other basis for determining eligibility, and description of service provided. Such
information shall be made available to City monitors or their designees for
review upon request. A sample form is included in attachment c.
15. DISCLOSURE: The Subrecipient 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 Subrecipient's responsibilities with respect to services provided under this
contract, is prohibited by the state of Federal law 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.
16.QUARTERLY REPORTS/ANNUAL REPORT: Subrecipient shall provide the
City with a quarterly report, submitted no later than 15 days after the last day
of the previous quarter, which includes a narrative of the services provided,
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progress towards meeting the timeline goals stated in the contract, and an
itemized accounting of the expenditures of CDBG funds during the previous
quarter. Failure to submit quarterly reports in a timely manner will result in
withholding of CDBG funds until the report has been submitted.
. Quarterly Performance Report due dotes are: October 16, January
15, and April 16
. Annual Performance Report [CAPER) due dote is: July 16
17.INDEMNIFICATION: City shall not be liable for, and Subrecipient sholl
defend and indemnify City and its officers, agents, employees and volunteers
against any and 011 claims, deductibles, self-insured retentions, demands,
liability, judgments, awards, fines, mechanics' liens or other liens, labor
disputes, losses, damages, expenses, changes or costs of any kind or
character, including attorneys' fees and court costs by this Contract orising
either directly or indirectly from any oct, error, omission or negligence of
Subrecipient or its officers, employees, agents, Subrecipients, licensees or
servants, including without limitation, claims caused by the concurrent oct,
error, omission or negligence, whether active or passive, of City, and/or its
agents, officers, employees or volunteers. However, Subrecipient sholl hove no
obligation to defend or indemnify City from 0 claim if it is determined by 0
court of competent jurisdiction that such claim was caused by the sole
negligence or willful misconduct of City or its agents or employees.
Subrecipient and its successors, assigns, and guarantors, if any, jointly and
severally agree to indemnify, defend (with counsel selected by City) reimburse
and hold City and its officers, employees and agents harmless from any claims,
judgments, damages, penalties, fines, costs, liabilities (including sums paid in
settlement of claims) or loss, including attorneys' fees, consultant's 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, and the release or discharge of hazardous materials by
Subrecipient during the course of any alteration or improvements of the
Premises by Subrecipient, unless hazardous materials are present solely os 0
result of the gross negligence or willful misconduct of City, its officers, employees
or agents. The indemnification provided by this section sholl 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 dote;
b. Hazardous materials that migrate, flow, percolate, diffuse, or
in any way move on to or under the Property following the commencement
date;
c. Hazardous materials present on or under the Property as a
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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 indemnities shall survive the expiration 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 governed by the laws of the State of
California.
la.AUDIT COSTS: Subrecipient shall reimburse City for all costs incurred to
investigate and audit Subrecipient's performance of its duties under the
Contract if Subrecipient 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 Subrecipient under this Contract.
19. ENTIRE AGREEMENT: 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.
20.MODIFICATION. This Contract may not be modified except by written
amendment executed by each party.
21.ACKNOWLEDGEMENT OF FUNDING: Subrecipient 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 City's funding roles, for example, should be
included in publicity materials related to the Project. In addition, Subrecipient
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.
22.INSURANCE: Subrecipient agrees to comply with the insurance
requirement set forth in Attachment B.
23.NO WAIVER: No failure, inaction, neglect or delay by City in
exercising 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.
24. 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 certified mail. Notices shall be sufficient if personally
served on or if sent by certified mail, postage prepaid, addressed to:
10
4-15
Subrecipient:
Name of Agency and Title
Address
City, State, Zip Code
City:
City of Chula Vista Housing Manager
Community Development Department
276 Fourth Avenue
Chula Vista, CA 91910
11
4-16
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
written above.
CITY OF CHULA VISTA
Jim Thomson
Acting City Manager, City of Chula Vista
APPROVED AS TO FORM
Ann Moore
City Attorney
ATTEST
City Clerk
(Insert Name of Organization)
(Insert Name of Contract Administrator)
12
4-17
ATTACHMENT A
SCOPE OF WORK
The_(lnsert) . (SUBRECIPIENT) has a certain project to be
implemented with Community Development Block Grant (CDBG) Program
funds. The work to be accomplished includes the following:
CDBG National Obiective: (Insert)
Funding shall provide (Insert Activities)
A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and
reasonable efforts to implement the project in compliance with the
following estimated implementation schedule, or earlier:
(Insert Date)
B. ESTIMATED BUDGET: SUBRECIPIENT shall make all good faith and
reasonable effort:; to complete the work under this Contract within the
following estimated budget. In no case shall SUBRECIPIENT be entitled to,
nor shall City reimburse SUBRECIPIENT, for more than S for work
performed under this Contract.
. Insert Activities
ADDITIONAL REPORTING REQUIREMENTS (if applicable):
In addition to the required quarterly reports identified in Section 12 of this
CONTRACT, the Subrecipient shall document all clients served to ensure that at
least 51 percent of those served are at or below 80 percent of the Area Median
Income as established by the U.S. Department of Housing and Urban
Development (HUD), This information is to be collected and compiled at the
end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and
shall be submitted to the City of Chula Vista Community Development
Department upon receipt of a written request and at the time of any monitoring
of project records.
Attachment C is a sample fonn to assist the Subrecipient in meeting this reporting requirement.
13
4-18
~ff?
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ATTACHMENT B
#1
INSURANCE REQUIREMENTS FOR CONTRACTORS
cm OF
CHUlA VISTA
Contractor must procure insurance 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 or
work. The insurance must be maintained for the duration of the contract.
Minimum Scope of Insurauce
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form
CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
code1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be twice the required
occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
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
Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim
administration, and defense expenses.
14
4-19
Other Insurance Provisions
The generalliabiJity, automobile !iabiJity, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf of
the contractor, where applicable, and, with respect 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 contractor's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must
not exclude Products / Completed Operations coverage.
2. The contractor's 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 contractor
and in no way relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause 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.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of. Section
2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a cu"ent 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 Insurers (LESLI) with a current A.M. Best's rating of no less than A X.
Exception may be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The
endorsements should be on insurance industry forms, provided those endorsements confonn to the contract 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.
Subcontractors
Contractor must include all subcontractors as insureds under its policies or furnish
separate certificates and endorsements for each subcontractor. All coverage
for subcontractors are subject to all of the requirements included in these
specifications.
15
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ATTACHMENT C
HUD INCOME LIMITS 2006-CITY OF CHULA VISTA
Family Low In<::ome Very LowlncolJ1e
Size (80% of AMI} 0<'(50% of AMI)
2
3
4
5
6
7
8
$ 38,650,00
$ 44,150,00
49,700,00
$ 55,200.00
59,600.00
$ 64,050.00
68,450.00
$ 72,850.00
$
24,150.00
$
27,600.00
$
31,050.00
$
34,500.00
$
37,250.00
40,000.00
42,800.00
$
45,550.00
16
$
14,500,00
$
16,550.00
18,650.00
20,700.00
22,350.00
$
24,000.00
25,650.00
27,300.00
4-21
ATTACHMENT C (Continued)
CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE
~ffc..
-r--
---
- -
CI1Y Of
CHUIA VISTA
Your cooperation in filling out this form is requested. Record keeping on income of participants in
the program is a condition of receipt of federal funds for the program. The
information provided on this form will remain confidential but may be subjected to verification
,-,y responsible IOCOI onu Ie.uclui ugencies. -Self-idenTlflcoTion uT fuce and ethniciTY is YoiunTory.
]. What is the total number of persons in your household?
2. What is the total combined annual income ot all members of your housellolcl? (Please
check one line below.)
_Below $38,650 _$59,601-$64,050
_$38,651-$44,150 _$64,051-$68.450
_$44,151-$49.700 _$68.451-$72.850
_$49.701-$55.200 _Over $72.851
_$55,201-$59,600
(NOTE: The above information is for 2006 and changes each calendar year. To obtain
updated information go to www.hud.aov and search for income limits for the San Diego
area.)
3. Please check the box below that best describes your familv.
RACE CATEGORIES HISPANIC
ETHNICITY
Check One Race Category Only Check Only If
Also Hispanic
White
Black/ African American
Asian
American Indian/Alaska Native
Native Hawaiian/ Other Pacific Islander
Multi-Racial:
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/African American AND White
American Indian/Alaska Native AND Black/African
American
Other Multi-Racial
Name:
(Print)
Household Address:
Telephone Number.
17
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Signature:
Note: Name, address, telephone and signature are optional. An unique identifier may be used
to trace client served to meet CDBG limited clientele requirement.
~!~
:::--.e;
-
em OF
CHULA VISTA
Community Development Department
Housing
ATTACHMENT D
Disclosure statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of
The Uly, 0 statement of disclosure or certolr, ownership of tinanClollrlt"'lesTs, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. List the names of all persolls having a financial illterest in the project that is
the subject of the application or the contract. e.g., owner. applicant,
contractor, subcontractar, material supplier.
2. If any person' identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership) entity,
3, If any person' identified pursuant to (1) above is a non-profit organization or
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants,
or independent contractors you have assigned to represent you before the
City in this matter.
18
4-23
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~
O1YQF
CHULA VISTA
Community Development Department
Housinq
ATTACHMENT D
Disclosure statement -Page 2
5. Has any person' associated with this contract had any financial dealings with
an official'* of the City of Chula Vista os it relates to this contract within the
post 12 months? Yes_ No_
If Yes. briefly describe the nature of the financial interest the official" may
hove in this contract.
6. Have you made a contribution of more than $250 within the past twelve [12)
months to a current member of the Chula Vista City Council? No_ Yes_If
yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent) to an officio'"
of the City of Chula Vista in the past twelve [12) months? (This includes being
a source of income, money to retire a legal debt, gift, loan. etc.) Yes
No_
If Yes. which officia'" and what was the nature of item provided?
Date:
Signature of Contractor/Applicant
Print or type name of
Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, any other county, city, municipality, district, or other political
subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City, employee, or
staff members.
19
4-24
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 COUNCIL
Z;4UL ~ I/uU
Ann Mo
City Attorney
Dated: July 26, 2006
Contract for Management and Implementation of an
Emergency Shelter Grant Project
4-25
Attachment 2
~!f?
~-=
~
CTlYOF
CHUIA VISfA
CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF
AN EMERGENCY SHELTER GRANT PROJECT
(Insert Name of Organization)
This Contract is entered into by and between (Insert Name of Organization)
Contractor) and the City of Chula Vista (City) on , 2006.
WIT N E SSE T H:
WHEREAS, there has been enacted the Emergency Shelter Grants (ESG) Program
contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the
"Act", 42 USe. 11361, et seq.). The ESG Program authorizes the Secretary, U.S. Department of
Housing and Urban Development (HUD), to make grants to States, units of general local
government, territories, and Indian Tribes for the rehabilitation or conversion of buildings for
use as emergency shelter for the homeless; for payment of certain operating expenses and
essential services in connection with emergency shelters for the homeless; and for homeless
prevention activities; and
WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist
in the undertaking of essential ESG activities; and
WHEREAS, City incorporated the Contractor's proposal for the project described in
Attachment "A" hereof (the "Project") into the City's Community Development Block
GrantlHOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which
was submitted to HUD; and
WHEREAS, Chula Vista City Council approved the Project on April 4, 2006 and HUD has
approved the City Annual Funding Plan (AFP) for the ESG funds.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED; Contractor shall implement the Project described in
Attachment "A" hereof (the "Scope of Work") fully in accordance with the terms of the AFP
approved by the City and submitted to HUD in application for funds to corry out the Project
and the certifications 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, compliance with the current and most up-to-date version of each of
the following:
1
4-26
(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 seq.) as amended;
(b) HUD regulations relating to ESG Program (24 CFR Part 576);
(c) HUD regulations relating to environmental review procedures for the ESG
Program (24 CFR 576.57, subd. (e));
(d) Title VI of the Civil 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 seq.); ~ 109 of the Housing and Community
Development Act of 1974; Executive Orders 11246 (equal employment
opportunity) and 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 Community Development Act of 1974, includes:
(1) The work to be performed under this contract is subject to the
requirements of section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701 u). 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.
(2) 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.
(3) The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective
bargaining contract or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will 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 notice. The
notice 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.
2
4-27
(4) Contractor shall include the section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR Part 135, and shall take
appropriate action, as provided in an applicable provision of the
subcontract or in this section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135.
Contractor will not subcontroct with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR Part 135.
(5) Contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but
before the contract 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 Contractor's obligations
under 24 CFR part 135.
(6) Noncompliance 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.
(7) 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 (25 U.S.c. 450e) also applies to the work to
be performed under this contract. 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-owned 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 derogation of
compliance with section 7(b).
(f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970,42 USC ~ 4601, and implementing regulations at 49 CFR Part 24;
(g) 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 Governments, and Non-Profit Organizations" and
with Office of Management and Budget Circular A-110 entitled "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations.";
(h) 24 CFR 576.51, which requires each grantee to match the funding provided by
HUD as set forth in 42 U.S.c. 11375;
3
4-28
(i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter;
(j) The following 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
11593;
(k) The Labor Standards Regulations set forth in 24 CFR 570.603;
(I) The Architectural Barriers Act of 1968 (42 U.S.C. ~ 4151, et seq.);
(m) The Hatch Act relating to the conduct of politica! activities (Chapter 15 of Title 5.
U.s.C.);
(n) The Flood Disaster Protection Act of 1974 (42 USC ~ 4106 and the implementing
regulations in 44 CFR parts 59 through 79;
(0) 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.
(p) The Clean Air Act (42 U.s.e. ~ 7401, et seq.) and the Federal Water Pollution
Control Act, as amended (33 u.s.e. ~ 1251, et seq.) and the regulations
adopted pursuant thereto (40 CFR, Part 6);
(q) The Drug-Free Workplace Act of 1988 (Public Law 100-690);
(r) Contractor will adopt a policy consistent with Board of Supervisors' Policy B-39a,
"Disabled Veterans Business Enterprise Program", in order to insure that every
effort is made to provide equal opportunity to every disabled veteran business
vendor, contractor and subcontractor;
(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 public 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 program assisted under the Grant, and that it shall incorporate, or cause
to be incorporated, in all such contracts or subcontracts a provision prohibiting
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 knowledge and belief that:
4
4-29
(1) No federal appropriated funds have been paid or will be paid, by or on
behalf 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 contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative contract, and the
extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative contract.
(2) If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, or an employee of a
member of Congress in connection with this federal contract, grant, loan.
or cooperative contract, the undersigned shall complete and submit
Standard Form-LLL. "Disclosure Form to Rep()rt Lobbying", In accordance
with its instructions,
2. 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,
3. COMPENSATION: City shall reimburse Contractor for the costs it incurs for work
performed under this Contract not to exceed a maximum reimbursement of S
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 Contract.
4. COMPENSATION SCHEDULE: City shall pay Contractor monthly 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 final in the event HUD disallows
reimbursement for the project or any portion thereof. The 10% retention will not apply to
acquisition or service contracts.
5. EXPENDITURE 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.
6. TERM: This Contract shall commence when executed by the parties and shall
continue in effect until terminated as provided herein.
5
4-30
7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by either
party after thirty (30) days' written notice of intent to terminate has been given to the other
party. However. no notice of termination given by Contractor shall be effective unless HUD
has agreed to release City from its obligations pursuant to the Project.
8. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the
City if the United States Government terminates the ESG Program or the Project.
9 . TERMINATION OF CONTRACT FOR CAUSE: Contractor and City recognize that the
City is the governmental entity which executed the grant agreement received pursuant to the
City's application and that City is responsible for the proper performance of the Project. 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 Contractor violates
any state laws or regulations or local ordinances or regulations applicable to implementation
of the Project. or if Contractor violates any provisions of this contract. City sholl have the right
to terminate this contract by giving at least five days written notice to Contractcl of the
effective date of termination. Even if City terminates the Agreement. Contractor sholl remain
liable to City 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.
10. CONTRACT ADMINISTRATION: The City Manager. sholl administer this Contract on
behalf of the City. The Executive Director. South Bay Community Services, 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 Contractor's performance of this Contract.
11. RECORDS AND REPORTS: The Contractor shall maintain records and make such
reports as required by the City Manager to enable the City to analyze Contractor's project.
All records of the Contractor related to this Contract or work 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 four (4) years after the end of the
grant term.
12. 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 contract, and
an itemized accounting of the expenditures of ESG funds during the previous quarter, and
number of unduplicated clients served. In addition, Contractor 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.
6
4-31
Quarterly Report due dates are: October 16, January 15 , April 16, July 15.
CAPER due date is July 15, 2006
13. INDEMNIFICATION: City shall not be liable for, and Contractor shall defend and
indemnify City and its officers, agents, employees and volunteers, against any and 011 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
indirectly from any oct, error, omission or negligence of Contractor or its officers, employees,
agents, contractors, licensees or servants, including without limitation, Claims caused by the
concurrent u =.t, err"Of, crnisjion or negligsnc8, 'vvhethet ucti'/E: cc p(J~~i\;e, '':::T Cit,;..', o;-IU/Gi" its
agents, officel's, employees or volunteers. However, Contractor sholl hove no obligation to
defend or in:j&rr"lnif,- Cit!' fr0rn c Cloir-n if it is (:!eterrnined by' C1 c',:>Jtt c:f cc.n-Ipetent j'~'(iscjic ti,,:);'-I
that such Claim was caused by the sole negligence or willful misconduct of City or its agents
or employees.
Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree
to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers,
employees, and agents harmless from any claims, judgments, damages, penalties, fines,
costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees,
consultants' 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 alteration 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.
7
4-32
The foregoing environmental indemnities shall survive the expiration 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 governed by the laws of the State of California.
14. 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 under this Contract.
15. 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
LJy' cC1ci-, po(i'y'.
~,~ i.]('")TiCE. .A.ny' :-Ic,tll:e or rlc,hces rf-~':iuirsc! O~ FJS: :-nitteci k:, ~,-= g: :81-, :):_.1 >_J'::"r-!t ~,~,
Contract shall be personally served by the party giving notice or sholl be selved by certified
mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage
prepaid, addressed to:
8
4-33
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF CHULA VISTA
Jim Thomson
Acting City Manager, City of Chula Vista
APPROVED AS TO FORM
;:::.d-li"i t" '\(""":'11 c-
City Attorney
ATTEST
City Clerk
(Insert Name of Organization)
(Insert), EXECUTIVE DIRECTOR
9
4-34
ATTACHMENT A
SCOPE OF WORK
(INSERT NAME OF PROJECT AND ORGANIZATION
The Contractor shall provide services to the homeless in accordance with City of Chula Vista '5
approved application to the U.S. Department of Housing and Urban Development (HUD) for
Community Development Block Grant and Emergency Shelter Grant Funding.
ESG funds will be used for short term transitional housing for low income homeless families
(with children), most of whom are victims of domestic violence. In addition to housing,
families, together with SBCS staff, develop a treatment plan so that the client can work to re-
establish self-sufficiency and end their homelessness.
A. SERViCES:
(INSERT SERVICES)
Objective 1. (INSERT OBJECTIVES)
Objective 2. (INSERT OBJECTIVES)
B. DOCUMENTATION OF HOMELESSNESS
Maintain adequate documentation of homelessness status to determine the eligibility of
persons served by HUD's homeless assistance programs. The documentation shall be
obtained by the participant or a third party at the time of the referral, entry, intake, or
orientation to the ESG-funded project. A copy of the documentation shall be maintained in
the client file. A person is considered homeless only when he/she resides in one of the places
described below:
· In places not meant for human habilitation, such as cars, parks, sidewalks, abandoned
buildings, on the street;
. In an emergency shelter;
· In transitional or supportive housing for homeless person who originally came from the
streets or emergency shelters;
· In any of the above places but is spending a short time (up to 30 consecutive days) in a
hospital or other institution;
· Is being evicted within a week from a private dwelling unit and no subsequent
residence has been identified and the person lacks the resources and support networks
need to obtain housing or their housing has been condemned by housing officials and
is no longer considered meant for human habilitation;
. Is being discharged within a week from an institution in which the person has been a
10
4-35
resident for more than 30 consecutive days and no subsequent residence has been
identified and the person lacks the resources and support networks needed to obtain
housing; or
· Is fleeing a domestic violence housing situation and no subsequent residence has been
identified and the person lacks the resources and support networks needed to obtain
housing.
C: ESTIMATED BUDGET:
Contractor will make all good faith and reasonable efforts to complete the work under this
Contract within the following estimated budget. In no case shall Contractor be entitled to, or
shall funds be reimbursed in excess of, the total compensation described in Paragraph NO.3
(COMPENSATION SECTION) of this Contract.
Essential Services Costs (24 CFR 576.3):
{Inss'd l,(. ti'iitie~;
Total Essential Services:
Operational Costs (24 CFR 576.21 (0)(3):
Salaries Maintenance
Benefits and Taxes (Maint. Staff)
Salaries Residential Staff
Benefits and Taxes (Res. Staff)
Insurance
Office and Consumable Supplies
Telephone and Utilities
Repairs and Maintenance
Postage and Printing
Food
Security
Motel Vouchers
Total Operations
$
TOTAL 2006-2007:
$82,644
11
4-36
D. CONFIDENTIALITY
Contractor agrees to maintain confidentiality of any information regarding applicants, project
participants or their families, which may be obtained through application forms, interviews,
tests, reports, or any other source. However, it is agreed that the Contractor or Contractor's
agency may release information or provide access to applicants, project participants, or their
families to their own respective records in the following circumstances: 1) a release of
information or other written consent is obtained from the applicant or project participant; and
2) the information is only provided to the City of Chula Vista or other appropriate service
providers where said provider was the referral agent to the program. Such information shall
be divulged for purposes related to the best interest of the participant, the audit. and
evaluation of the Contract, and then only to persons having responsibilities under the
Contract. The federal regulation at 24 CFR 576.56 (a)(2) describes this requirement.
12
4-37
ATTACHMENTB
#1
INSURANCE REQUIREMENTS FOR CONTRACTORS
cm OF
CHUlA VISTA
Contractor must procure insurance 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 or work. The insurance must be maintained for the duration of
the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1 Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001)
2. insurance Services Office Form Numoer CA O()01 covellng Automobile Llaolilty. cOde1 idny aU!(.J1
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employers Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit must
apply separately to this project/location or the general aggregate limit
must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
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 Contractor will provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
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:
13
4-38
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be
named as additional insureds with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the contractor, where applicable, and, with respect 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 contractor's insurance using ISO CG 2010 (11/85) or its equivalent.
Specifically, the endorsement must not exclude Products / Completed Operations
coverage.
2. The contractor's 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 contractor and in no way relieves the contractor from its responsibility to provide
insurance.
3 Each insurance policy required by this clause must be endorsed to state that coverage will not
b8 canceled by either pany, except arrer thirty (Jl) days pr;or Wi-relet: n:)dC'& :.\:, [jl,~ ':.;11./ Uy
certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured would
be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required
policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance 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 Insurers (LESLI) with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage
required by this clause. The endorsements should be on insurance industry forms, provided those endorsements
conform to the contract 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.
Subcontractors
Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsemer
for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in the
specifications.
14
4-39
ATTACHMENT C
HUD INCOME LIMITS 200~CITY OF CHULA VISTA
38,650.00
24,150.00
14,500.00
'L ! ,p i..:j, 150.!JO I <\",
2;-,6IJO (I()
"
16,j.):_': Ui_i
3
49,700.00
31,050.00
18,650.00
4
55,200.00
$
$
37,250.00
22,350.00
34,500.00
20,700.00
5
59,600.00
6
64,050.00
40,000.00
24,000.00
7
68,450.00
42,800.00
25,650.00
8
72,850.00
45,550.00
$
27,300.00
15
4-40
ATTACHMENT C (Continued)
ESG FUNDED PROJECTS INCOME VERIFICATION
~!!?-
--r-
--
01Y Of
CHUIA VISTA
Your cooperation in filling out this form is requested. Record keeping on income of participants in the
program is a condition of receipt of federal funds for the program. The information provided on this form will remc
confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of rat
and ethnicity is voluntary.
1. What is the total number of persons in your household?
2. What is the total combined annual income of all members of your household? (Please check one
line below.)
_Below $38,650 _$59,601-$64,050
_$38.651-$44,150 _$64.051-$68,450
_$44151-$49.700____$68451-$72850
"'i~: i -~,55,LOO
_______.<_i"'8i ~!2,t5;
_$55,201-$59.600
(NOTE: The above information is for 2006 and changes each calendar year. To obtain updated
information go to www.hud.aov and search for income limits for the San Diego area.)
3. Please check the box below that best describes vour familv.
RACE CATEGORIES HISPANIC
ETHNICITY
Check One Race Category Only Check Only If Also
Hispanic
White
Black/African American
Asian
American Indian/Alaska Native
Native Hawaiian/ Other Pacific Islander
Multi-Racial:
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/African American AND White
American Indian/Alaska Native AND Black/African
American
Other Multi-Racial
Nome:
(Print)
Household Address:
Telephone Number:
Signoture:
Note: Name, address, telephone and signature are optional. An unique identifier may be used to trace
client served to meet ESG income requirement.
16
4-41
~-_.
~If?.
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'::::~
CllYQF
CHUIA VISTA
Community Development Department
Housing
ATTACHMENT D
Disclosure statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary
action by the Council, Planning Commission and all other official bodies of the City, a statement of
disclosure of certain ownership of financial interests, payments, or campaign contributions for a City
of Chula Vista election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the project that is the subject of
the application or the contract. e.g., owner, applicant, contractor, subcontractor,
material supplier.
----~----_._-
-..- ----,.--~_._ ____.___._u_
2. If any person* identified pursuant to (1) aboves a corporation or partnership, list the
names of all individuals with a $2000 investment in the business (corporation/partnership)
entity.
3. If any person* identified pursuant to (1) above is a nonprofit organization or trust, list the
names of any person serving as director of the nonprofit organization or as trustee or
beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to repreent you before the City in this
matter.
17
4-42
~Itc-
---
-
CIlYQf
GIULA VISTA
Community Development Department
Housing
ATTACHMENT D
Disclosure statement-Page 2
5. Has any person' associated with this contract had any financial dealings with an official"
of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_
No_
If \/~r. brief!'/ d'S'sc:ribe th~ nCJtl.1fS OF tl-,e f!n:~Wi(::-iCi! intS"r~st thp ,:,!:f:,:i,~{~'" iT,:]" ,....",. -- ;r: t~-I::
C8nil-OC~.
6. Have you made a contribution of more than $250 within !he past twelve (12) months to a
current member of the Chula Vista City Council? No_ Yes_If yes, which Council
member?
7. Have you provided more than $340 (or an item of equivalent) to an official" of the City
of Chula Vista in the past twelve (12) mrnths? (This includes being a source of income,
money to retire a legal debt, gift. loan, etc.) Yes No_
If Yes, which official" and what was the nature of item provided?
Date:
Signature of Contractor! Applicant
Print or type name of Contractor! Applicant
,
Person is defined as: any individual, firm, co-partnership,joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
"
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member
of a board, commission, or committee of the Cit, employee, or staff members.
18
4-43
ATTACHMENT 3
SUBRECIPIENT DISCLOSURE FORMS
.,
4-44
~!~
-r-
-~
----
Q1Y OF
0iU1A VISTA
Community Development Department
Reoional Task Force on the Homeless 2006/07 Housing
Regional Task Force an the Homeless
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council. Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. List the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g., owner, applicant.
con actor, subcontractor, material supplier.
2. If any person' identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
AI/A
3. If any person" identified pursuant to ,( 1) above is a non-profit organization or
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
NJA
4. Please identify every person, including any agents, employees, consultants,
or independent contractors you have assigned to represent you before the
City in this matter.
:i",kY\ Ihdb'\:- E,{u....+~v'o1- ~~4.J."r
4-45
~\!~
-r-
- -
-
C1Y OF
CHUIA VISIA
ReqionaJ Task Force on the Homeless 2006/07
Regional Task Force on the Homeless
Community Development Department
Housinq
Disclosure Statement -Page 2
5. Has any person' associated with this contract had any financial dealings with
an officio!" of the City of Chuj,a Vista as it relates to this contract within the
past 12 months? Yes_ NoL
If Yes, briefly describe the nature of the financial interest the official" may
have in this contract.
IV/It
.
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chula Vista City Council? NoXYes_lf
yes, which Council member?
f(A _
7. Have you provided more than $340 (or an item of equivalent) to an official"
of the City of Chula Vista in the past twelve (12) months? (This includes being
a source of income, money to retire a legal debt, gift, loan. etc.) Yes
NoL..
If Ye; which officio'" and what was the nature of item provided?
~A
~~
Signature of tractor/Applicant
Date:'"? -{p- {)&::,
f2.~t4.r'-\ :k!,.,..s.f-.......
Print or type name of
Contractor/ Applicant
, Person is defined as: any individual. firm, co-partnership. joint venture,
association, social club. fraternal organization, corporation, estate, trust,
receiver, syndicate. any other county, city, municipality, district, or other political
subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City,
employee, or staff members. 4-46
~!~
~
-
OJ\' aE
CHU.A VISIA
Community Development Deportment
Veterans Rehab Unit Equipment 2006/07 ATTAC:~~
Chula Vista Veteran's Home Support Foundation
DIsclosure Statement
Pursuant to Council P06cy 1 COHn, prior to any action upon matters that win require
discretionary action by the Council. Planning Commission and all other official bodies of
the Ci1y, a statement of disclosure of certain ownership of financial interests. payments.
or campaign con1ribu1ions for a CiIy of Chula Vista election must be filed. The following
information must be disclosed:
1. list the names of all persons having a financial interest in the project that is
the subject of the app6cation or the contract. e.g., owner. app6cant
contractor, subcontractor. material suppler.
if IPr-
2. If any person" identified pursuant to (1) above is a corporation or partnership,
rlSt the names of all individuals with a $2000 investment in the business
(corporation/partnership) enti1y.
rJ' JIt-
3. If any person. identified pursuant to (1) above is a non-profit organization or
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
fJ/At-
4. Please identify every person, including any agents. employees. consultants,
or independent contractors you have assigned to represent you before the
CiIy in this matter.
J? IJl..b>t "t) , ' I... )~ L\ tT
t '~1AJ- tL- ~~
4-47
~!~
..
00l~
Veterans Rehab Unit Equipment 2006/07
Chula Vista Veteran's Home Support Foundation
Disclosure Statement -Page 2
Community Development Department
Housina
ATTACHMENT D
5. Has any person* associated with this contract had any financial dea6ngs with
an official.* of the City of Chula Vista as it relates to this contract within the
past 12 months? Yes_ No_
If Yes, briefly describe the nature of the financial interest the official- may
have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chula Vista City Council? No_ Yes_If
yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent) to an official'.
of the City of Chula Vista in the past twelve (12) months? (This includes being
a source of income, money to retire a legal debt, gift, loan, etc.) Yes
No_
If Yes, which official.. and what was the nature of item provided?
Date: 7,/{ ,,/? co/
~d&'
Signature Contractor! Applicant
AkL!2 '/ >>. ,k; );;:-
Print or type name of
Contractor! Applicant
*
Person is defined as: any individual, firm. co-partnership, joint venture.
association. social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, any other county, city, municipality, district, or other political
subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not 6mited to: Mayor, Council member, Planning
Commissioner, Member of a board. commission, or committee of the City,
employee, or staff members.
4-48
- --
..
~ff.?
-r-
-=;:---
0lY OF
OiULA Y1STA
Kinship Support Services
YMCA pf San Diego County
Community Development Department
Housing
2006/07 ATTACHMENT D
Disclosure Statement
Pursuant to Council Policy 1001-0 I, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments, .
or campaign cantributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. List the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g.. owner, applicant,
contractor, subcontractor, material supplier.
-
,.u OAJ (;;
2. If any person- identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
/
J.J!A
3. If any person- identified pursuant to (1) above is a non-profit organization or
trust, list the names of any person serying as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
,J/A
4. Please identify' every person, including any agents. employees. consultonts,
or independent contractors you have assigned to represent you before the
City in this matter.
)J otJ~
4-49
~\{ft..
- -
---
-
Kinship Support Services
YMCA of San Diego County
2006/07
01Y Of
. CHU1A VISTA
Community Development Department
Housinq
ATTACHMENT D
Disclosure Statement -Page 2
5. Has any person' associated with this contract had any financial dealings with
an official" of the City of Chu~ista as it relates to this contract within the
past 12 months? Yes_ No_ .
~
If Yes. briefly describe the nature of the financial interest the officio'" may
have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12)
manths to a current member of the Chula Vista City Council? No~es_lf
yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent) to an official"
of the City of Chula Vista in the past twelve (12) months? (This includes being
a sourc~f income, money to retire a legal debt, gift, loan, etc.) Yes
No~
If Yes, which official" and what was the nature of item provided?
Date:
1f,+f,b
I
~ e -. -et2-~-
Contractor/Applicant
Signature of Contractor/Applicant
;r.\~~A-~O ,4 r~/f{2I
Print or type name of
. . Person is defined as: any individual. finm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, any other county, city, municipality, district. or other political
subdivision, -or any other group or combination acting as a unit.
.. Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City,
4-50
~!0-
~
arrOlF
OUA \I1SlA
Various Proiects
South Bay Community Services
Community Development Department
Housing
ATTACHMENT D
2006/07
Disclosure statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary
action by the Council. Planning Commission and all other official bodies of the City, a statement
of disclosure of certain ownership of financial interests, payments, or campaign contributions for a
City of Chula Vista election must be filed. The following infomnation must be disclosed:
1. List the names of all persons having a financial interest in the project that is the subject
of the application or the contract. e.g., owner, applicant, contractor, subcontractor,
material supplier.
'" Ie..-
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business (corporation/Partnership)
entity.
\) 1 c...-
3. If any person" identified pursuant to (1) above is a non-profit organization or trust. list the
names of any person serving as director of the non-profit organization or as trustee or
beneficiary or trustor of the-trusT." --- -
0,r ('-
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter. '
() [C--
4-51
~r~
~
atY OF
0iUA V/SJ)\
Various Projects
South Bay Community Services
2006/07
Community Development Department
Housing
AITACHMENT D
Disclosure Statement -Page 2
5. Has any person. associated with this contract had any financial dealings with an
official*. of th~ City of Chula Vista as it relates to this contract within the past 12 months?
Yes_ NoL
if Yes, briefly describe the nature of the financial interest the official.. may have in this
contract .
6.
Have you made a contribution of more than $250 within Jhe past tweive (12) months to
a current member of the Chula Vista City Council? NoL Yes_If yes, which Council
member?
7.
Have you provided more than $340 (or an item of equivalent) to an official.. of the City
of Chula Vista in the past twelve (12) months? [This includes Qeing a source of income,
money to retire a legal debt. gift, loan, etc.) Yes No~
If Yes, which official.. and what was-t~ nature of item provided?
Date:
7- /,} "/J 0
~)
" Si~at /. of Contractor/Applicant
/
,Ir~r...... ~ \-< -"",,,'c--<-,
Print or type na e of Contractor/Applicant
.
Person is defined as: any Individual, firm, co-partnership, joint venture, association, social club,
fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
**
Official includes, but is not limited to: Mayor, Councii member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
4-52
~I~
---
<J1YOF
CHlIIA VISiA
Child Care Coordinator 2006/07
Chula Vista Community Collaborative
Community Development Department
Housina
ATTACHMENT D
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council. Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments.
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1 . list the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g.. owner. applicant,
contractor, subcontractor. material supplier.
~
2. If any person* identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
tv I~
3. If any person* identified pursuant to (1) above is a non-profit organization or
trust. list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
t:LJ-A .
4. Please identify every person. including any agents. employees. consultants.
or independent contractors you have assigned to represent you before the
City in~r Aatter.
4-53
Child Care Coordinator 2006/07
Chula Vista Community Collaborative
Community Development Department
Housinq
ATTACHMENT D
Disclosure statement -Page 2
5. Has any person' associated with this contract had any financial dealings with
an official" of the City of Chula VISta as it relates to this contract within the
past 12 months? Yes_ No_
~~
If Yes, briefly describe the nature of the financial interest the official" may
have in this contract.
6.
Have you made a contribution of more than $250 within the past 01ve (12)
months to a current member of the Chula Vista City Council? No Yes_If
yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent) to an official"
of the City of Chula Vista in the past twelve (12) months? (This includes being
a sOje of income, money to retire a legal debt. gift, loan, etc.) Yes
No '
If Yes, which official" and what was the nature of item provided?
Date:1f-1+t\ 1r-
~~~~
Signat of Contractor/Applicant
11 (\'('1 J ~ 13 \\:l'jt\ 'A ~ y-
Print or pe name of
Contractor/Applicant
,
.
Person is deflned as: any individual. ftrm, co-partnership. joint venture.
association, social club, fratemal organization. corporation. estate, trust,
receiver. syndicate, any of her county. city. municipality, district. or other political
subdivision, -or any other group or combination acting as a unit.
** Official includes. but is not limited to: Mayor, Council member, Planning
Commissioner. Member of a board, commission. or committee of the City.
employee, or staff members.
4-54
~r~
-r-
01Y Of
OiUIA VISIA
Meals-{)n-Wheels Chula VISta
Public Service
Community Development Department
Housing
ATTACHMENT D
2006/07
Disclosure statement
Pursuant to Council POlicy J001-01, prior to any action upon matters that will require
discretionary action by the Council. Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. Ust the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g., owner, applicant,
contractor, subcontractor, material supplier.
2. If any person' identified pursuant to (1) above is a corporation or partnership,
list thenames of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
3. If any person' identified pursuant to (I) above is a non-profit organization or
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including ony agents, employees. consultants,
or independent contractors you have assigned to represent you before the
City in this ma. t1-eL A.r.. ,j .). _ L
'Dr .Td...i'VJ'? .b\"~<,6Y1 ~ v~1.JUI::.S
(~r,1 flus,^MOJ'\ MMIG.'''- Mu\'I1
4-55
~ff/.
~r~
Meals-on-Wheels Chula Vista
Public Service
2006/07
CllYOf
0iUIA VISTA
Community Development Department
HousinQ
ATTACHMENT D
Disclosure statement -Page 2
5. Has any person" associated with this contract had any financial dealings with
an official"" of the City of Chula Vista as it relates to this contract within the
past 12 months? Yes_ No+-
If Yes. briefly describe the nature of the financial interest the official." may
have in this contract. .
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chula Vista City Council? No~ Yes_If
yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent) to an official."
of the City of Chula Vista in the past twelve (12) months? (This includes being
a source of income, money to retire a legal debt. gift, loan, etc.) Yes
No--$..-
If Yes, which official"" and what was the nature of item provided?
Date:~
Contractor/Applicant
of Contractor/Applicant
1)( .1D-1N.-'? A .~h.r\501\
Print or type name of
"
Person is defined as: any individual. firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, any other county, city, municipality, district, or other political
subdivision, -or any other group or combination acting as a unit.
".
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a boar~""s:6>mmission, or committee of the City,
employee, or staff members.
4-57
~f~
-.0--
,
-
01Y Of
0iUIA VISTA
Liqhtinq and Survellance Equipment
Boys and Girls Club of Chula Vista
Community Development Department
Housing
ATTACHMENT D
2006/07
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed, The following
information must be disclosed:
1. List the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g., owner, applicant,
co t ctor, subco tractor, material supplier.
i' '1M
2. If any person' identifie rsuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(c r ration/partnership) entity.
I
3. If any person' identifi pursuant to (1) above is a non-proflt organization or
trust list the names of any person sel'V'ing as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
'- ~- tf/ft4c.J.Je1
4. Please identify every person, including any agents, employees, consultants,
or independent contractors you have assigned to represent you before the
City in this matter.
,~nJ 1)' CI/~-
4-58
~{ft.
-n-
~
C1Y OF
OllIIA V\SIj\
Liqhtinq and Survellance Equipment 2006/07
Boys and Girls Club of Chuia Vista
Disclosure 'Statement -Page 2
Community Development Department
Housinq
ATTACHMENT D
5. Has any person' associated with this contract had any financial dealings with
an official" of the City of Ch~ it relates to this contract within the
past 12 months? Yes_ No_
If Yes, briefly describe the nature of the financial interest the official" may
have in this contract.
6. Have you made a contribution of more than $250 within the
months to a current member of the Chula Vista City Coun II.
yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent) to an official"
of the City of Chula Vista in the past twelve (12) months? (Th./s includes being
a source ~me, money to retire a legal debt, gift, loan, etc.) Yes
No~
If Yes, which official" and what was the nature of item provided?
Date:
,..
Contra ctor / Applica nt
l
Print or type name of
,
Person is defined as: any individual, firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, any other county, city, municipality, district. or other political
subdivision, -or any other group or combination acting as a unit.
"
Official includes, but is not limited to: Mayor. Council member, Planning
Commissioner, Member of a board, commission, or committee of the City,
employee, or staff members,
4-59
BOYS & GJRLS CLUB OF CHULA VISTA
Board of Directors
FY 2006-2007
John Aho
Gary Bell
Cathy Casillas-Jamieson
Lynn France
Linda DeSantis
Mike Gailband
Jim Geering
J.J. Hogan
Rick King
John McCann
Mark Marchand
Joe Mendoza
Charles Moore
Emerald Randolph
Bruce Rothschild
Gary Wedge
Brett Davis
Mike Murphy
Jane Hieronimus
4-60
~!~
-
<:II\' ..
CHLIA \IISI'A
Disclosure Statement
Kid Care Express Mobile Unit III
Family Health Centers of San Diego
Community Development Department
Housin9
ATTACHMENT D
2006/07
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council. Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. List the names af all persons having a financial interest in the project that is
the subject of the application or the contract. e.g" owner, applicant,
contractor, subcontractor, material supplier.
No~
2. -If any person- identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
N/-A
3. If any person- identified pursuant to (1) above is a non-profit organization or
trust. list the names of any person serving as director of the non-profit
organization or as trustee or benefidary or trustor of the tnus!.
NlA
4. Please identify every person. including any agents, employees. consultants.
or independent contractors you have assigned to represent you before the
City in this matter.
N"""j~~- Wcvl/lS
1of1J rh. /05 ~S
4-61
-.
~!~
i'IH
....'"
0iUA VISTA
Kid Care Express Mobile Unit III
Family Health Centers of San Diego
2006/07
Disclosure Statement -Page 2
Community Development Department
Housinq
ATTACHMENT D
5. Has any person" associated with this contract had any financial dealings with
an officia'." of the City of Chul9 Vista as it relates to this contract within the
past 12 months? Yes_ No....iL...
If Yes, briefly describe the nature of the financial interest the official"" may
have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chula Vista City Council? NoL Yes_If
yes, which Councii member?
7, Have yoo provided more than $340 (or an item of equivalent) to an official""
of the City of Chula Vista in the past twelve (12) months? (This includes being
a source of income, money to retire a legal debt. gift, loan; -etc.) Yes
NOL '
If Yes, which official". and what was th;> ure of item provided?
Date: 7/Drj'/Ob
Contractor/Applicant
"
Person is defined as: any individual. firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, any other county, city, municipality, district, or other political
subdivision, -or any other group or combination acting as a unit.
".
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City,
employee, or staff members.
4-62
~r~
-
ClTtI'
OI.JIA VISTA
Community Develooment Department
South Bav A~ult Dav.Care Center 2006/07 ATTAC~~~~~
Adult Protective Services, Inc.
Disclosure Statement
Pursuant to Council POlicy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. List the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g.. owner, applicant,
contractor, subcontractor, matenal supplier.
Adult Proteetive Serviees, Ine.
City of Chula Vista
SANDAG
2. If any person" identified pursuant to (I ) above is 0 corporation or partnership,
list the names of ali individuals with a $2000 investment in the business
(corporation/partnership) entity.
None
3. If any person" identified pursuant to (1) above is 0 non-profit organization or
trust, list the names of any person serying as director of the non-profit
organizotion or as trustee or beneficiary or trustor of the trust.
See Attaehed List
4. Please identify every person, including any agents, employees, consultants,
or independent contractors you have assigned to represent you before the
City in this matter.
Malaehy J. Murphy
Exeeutive Direetor
,
Janai Quintana
Assistant Administrator
4-63
~Ift..
~
art OF
QUA V1SiA
South Bav Adult Dav Care Center
Adult Protective Services, Inc.
2006/07
Community Development Department
Housinq
AlTACHMENT D
Disclosure Statement -Page 2
5. Has any person' associated with this contract had any financial dealings with
an officio'" of the City of Chula Vista as it relates to this contract within the
past 12 months? Yes_ No~
If Yes, briefly describe the nature of the financial interest the official" may
have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chula Vista City Council? NoL... Yes_If
yes, which Council member?
7. Have-you provided 'more than $340 (or an item of equivalent) to an official"
of the City of Chula Vista in the past twelve (12) months? (This includes being
a source of income, money to retire a legal debt, gift, loan, etc.) Yes
No~ '
If Yes, which official" and what was the nature of item provided?
Date: July 6. 2006
f Contractor/ pplicant
~.alachy J. Murphy
Print or type name of
Contractor / Applica nt
,
Person Is defined as: any individual. firm, co-partnership, joint venture,
association. social club. fraternal organization. corporation. estate. trust,
receiver, syndicate. any other county, city. municipality. district. or other political
subdivision. -or any other group or combination acting as a unit.
"
Official includes. but is not limited to: Mayor, Council member. Planning
Commissioner. Member of a board. commission. or committee of the City.
employee. or staff members.
4-64
MEMBERS OF THE BOARD OF DIRECTORS
OF ADUL:r PROTECTIVE SERVICES. me.
2840 ADAMS A VENUE. STE. 103
SAN DIEGO, CA 92116
(619) 283-5731
Joyce Rezin. President
2410 Alto Cerro Cirde
San Diego, CA 92109
(858) 268-0975
Anita Harbert
San Diego State UniversityiSchool of Socia! Work
5500 Campanile Drive
San Diego, CA 92182-1119
(619) 594-6310
Dorothy Y onemilSu. Vice President
2431 Alio Cerro Cirde
San Diego, CA 92109
(858) 273-3576
Deborah A. Hollingsworth
2410 Alto Cerro Circle
San Diego, CA 92109
(858) 273-{j966
:'vI uriel E. Baze. Secretary
PO Box 541
Rancho Santa Fe. CA 92067
(858) 756-3443 Fax: (858) 756-1994
Marie Hood
2834 Adams Avenue
San Diego, CA 92116
(619) 281-8035
Susan La Flam. Treasurer
San Diego Gas & Electric Company
8335 Century Park COUrt Room CP12D
San Diego, CA 92123-1576
(858) 636-5788
Charlotte Lunger
1684 West Knapp
Vista, CA 92083
(760) 941-8644
Charlene Angle
1221 Oro Street #15
EI Cajon, CA 92021
(619) 328-0234
Craig Orange
3309 Cadden Drive
San Diego. CA 9211 7
(85~73-7458
Charles Bell. Ph.D.
] 0460 Brookhurst
San Diego, CA 92126
(619) 262-2223 (Home)
lVIonica Sanchez
6404 Tooley Street
San Diego, CA 92114
(619) 266-2753
Louise Berry
1034 Calle Escarpa Drive
Bonita, CA 91902
(619) 475-0696
Josie Torres
1427 Panorama Ridge Road
Oceanside, CA 92Q56
(760) 630-1112
Larry Bonilla
1004 Plaza EscaJante
Chula Vista, CA 91910-8135
(619) 850-9945 Cell
Cathy Zappacosta, :l<larketing Advisor
SDG&E
8335 Century Park Court, CP12F
San Diego CA 92123-1569
(858) 654-8717
.' . :" :,'"d;. . '..r,
. '^". . '. ~ <<<...~,; ~:-":. ..~.:..~.'}if~.'.!.;_._.:.....?
j1t~>>~!~':<,
'~'-'.'.-.
.' .",~ .'.'
.~..' - ..:....;;~.' .
--.
.' .~
,
..
...
..
'.".:".,.-.,
P'
. - ':~'~
-"::,..'-:,
..
,
..
- .,. ".
.'.
. :~. '.'
.,..
;.". ..
4,..65
. .
. .
~, . "
.
~!~
~
C1Y OF
CHUA VISTA
Carino Neiohbor & Proiect Hand
Lutheran Social Services
2006/07
Disclosure statement
Community Development Department
Housing
ATTACHMENT D
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council. Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. List the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g.. owner, applicant,
contractor, subcontractor, material supplier.
4
2. If any person" identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership] entity.
I
N/A
. ~.
3. If any person" identified pursuant to (1] above is a non-profit organization or
trust, list the names of any person serying as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
iliA
4. Please identify every person, including any agents, employees, consultants,
or independent contractors you have assigned to represent you before the
City in this matter.
II fA
4-66
~w?-
~
01Y OF
CHUIA VISTA
Carino Neiohbor & Project Hand
Lutheran Social Services
2006/07
Community Development Deportment
HousinQ
ATTACHMENT D
Disclosure statement -Page 2
5. Has any person" associated with this contract had any financial dealings with
an official". of the City of Chula Vista as it relates to this contract within the
past 12 months? Yes_ No..$,..
If Yes, briefly describe the nature of the financial interest the official"" may
have in this cop tract.
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chuia Vista City Council? No-J(. Yes_If
yes, which Co',)ncil member?
7. Have you provided more than $340 (or an item of equivaient) to an official""'-
of the City of Chula Vista in the past twelve (12) months? (This includes being
a so~e of income, money to retire. a legal debt, gift. loan. etc.) Yes
No
If Yes. which-official." and what was the nature of item provided?
Date: 1.13 'Q~
~~~
Signa ure f Contractor/Applicant
L.1~L1l. S\....e:p. L. '1=0
Print 0 type name of )
Contractor/Applicant
"
Person is defined as: any individual. firm, co-partnership. joint venture,
association. social club. fratemal organization. corporation. estate. trust.
receiver. syndicate. any other county. city. municipality, district. or other political
subdivision, -or any other group or combination acting as a unit.
""
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission. or committee of the City.
employee. or staff members.
_ 4-67
~I~
~
ClYaF
CH.JIA VISJjI,
Fair Housinq & Tenant Education
Fair Housing Council of San Diego
Community Development Department
Housing
ATTACHMENT D
2006/07
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1. List the names of all persons having a financial interest in the project thof is
the subject of the application or the contract. e.!;)., owner. applicant,
contractor, subcontractor, material supplier. N/-h;.
2. If any. person' identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership) entity. t.y k
3. If any person' identified pursuant to (1) above is a non-profit organization or
trust, list the names of any person serving as director of the non:PJofit
organization or as trustee or beneficiary or trustor of the trust. Nj A
4. Please identify every person, including any agents, employees, consultants,
or independent contractors you have assigned to represent you before the
City in this matter. N/ f::;-
4-68
~I~
~
CllYCF
0iUA VISTA
Fair Housina & Tenant Education 2006/07
Fair Housing Council of San Diego
Community Development Department
Hausina
ATTACHMENT D
Disclosure statement -Page 2
5. Has any person' associated with this contract had any financiai dealings with
an official" of the City of C~ Vista as it relates to this contract within the
past 12 months? Yes_ Na..p.
If Yes, briefly describe the nature of the financial interest the officio'" may
have in this contract.
6.
Have you made a contribution of more than $250 within the past..!>"elve (12)
months to a current member of the Chulo Vista City Council? No.p,.. Yes_If
yes. which Council member?
7.
Have you provided morelhan $340 (or an item of equivalent) to on official"
of the City of Chula Vista in the past twelve (12) months? (This includes being
a so~. of income, money to retire a legal debt. gift. loan, etc.) Yes
No '
If Yes. which officia'" and what was the nature of item provided?
Date:~0
f Contractor/Applicant
k,..)o
Contractor/ Applicant
.
**
Person is defined as: any individual. firm. co-partnership. joint venture.
association. social club. fraternal organization. corporation. estate. trust,
receiver. syndicate. any other county. city, municipality. district. or other political
subdivision. -or any other group or combination acting as a unit.
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City,
employee, or staff members.
4-69
~!ft.
~
~
arr aF
QUA VI5rA
Various Proiects
South Bay Community Services
Community Development Department
Housing
ATTACHMENT D
2006/07
Disclosure Statement
Pursuant to Council Policy 1001-01, priarto any action upon matters that will require discretionary
action by the Council, Planning Commission and all other official bodies of the City, a sfatement
of disclosure of certain ownership of financial interests, payments, or campaign contributions for a
City of Chula Vista election must be filed. The following information must be disclosed:
1. List the names of all persons having a finonciallnterest in the project that is the subject
of the application or the contract. e.g., owner, applicant, contractor, subcontractor,
material supplier.
<' Ie..-
2. If any person' identified pursuant to (1) above is 0 corporation or partnership, list the
nomes of all individuals with a $2000 investment in the business [corporation/p9rtnership)
entity.
"IC-
3. If any person' identified pursuant to (1) obove is a non-profit organization or trust, list the
names of any person serving as director of the non-profit organization or as trustee or
beneficiary or tnustor of th,nrus1. --- -
"" Il'~
4. Please identify every person, including any agents, employees, consultants, or
independent contraqtors you have assigned to represent you before the City in this
.
matter.
\) r c--
4-70
~{ft..
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art ao
0-IUA't15Ii\
Various Proiects
South Bay Community Services
2006/07
Community Development Department
Housing
AlTACHMENT D
Disclosure Statement -Page 2
5. Has any person" associated with this contract had ony financial dealings with on
official- of th~ City of Chulo Vista as it relates to this controct within the past 12 months?
Yes_ NoL
If Yes, briefly describe the nature of the financiol Interest the official" moy have in this
contract.
6.
Hove you mode 0 contribution of more than $250 within jhe past twelve (12) months to
o current member of the Chulo Visto City Council? NoL Yes_ If yes, which Council
member?
7.
Have you provided more than $340 (or an item of equivaient) to an official" of the City
of Chula Vista in the past twelve (12) mOQths? (This includes t;!eirig a source of income,
money to retire 0 legal debt. gift, loan, etc.) Yes NOL-
If Yes, which officio I" and what was.-t~ nature of item provided?
. ',t~/;t~O ~/?'.ri-c)
/Siqhat~of Contractor/Applicant
.I
....Ir~r:-...... ~ ~ rv--,'cY--,
Print or type na e of Contractor/Applicant
7- /d tl0
Date:
,
" Person is defined as: any tndividuol, firm, co-partnership, joint venture, ossociation, sociai club,
fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
.. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
4-71
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CO~TY DEVELOPMENT BLOCK
GRANT (CDBG) CONTRACTS AND AN EMERGENCY
SHELTER GRANT (ESG) CONTRACT FOR FISCAL YEAR
2006-2007 BETWEEN THE CITY OF CHULA VISTA AND
VARIOUS COMMUNITY GROUPS; AND THE GRANT
AGREEMENTS BETWEEN THE CITY OF CHULA VISTA
AND THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
WHEREAS, the City participates in the Community Development Block Grant and
Emergency Shelter Grant (ESG) programs, a principal goal of which is to fund projects and
services which will benefit low-income Chula Vista households; and
WHEREAS, the City Council of the City of Chula Vista held a Public Hearing on
February 21, 2006 to review and receive public comment on the draft Annual Plan for fiscal year
2006-07; and
WHEREAS, on April 4, 2006 the City Council of the City of Chula Vista approved the
CDBG, HOME and ESG final Annual Plan for fiscal year 2006-07; and
WHEREAS, the City is desirous of having certain services for the benefit of low-income
households performed by the subrecipients; and
WHEREAS, the subrecipients warrant and represent that they are experienced and staffed
in a manner such that they can prepare and deliver the services required by the City within the
timerrame herein provided all in accordance with the terms and conditions of the contracts; and
WHEREAS, in the event that HUD should withdraw the City's CDBG and ESG funding,
the City is not obligated to compensate the subrecipients for program expenditures.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
hereby approves that:
1) The City Manager is authorized to execute the Community Development Block
Grant (CDBG) contracts and an Emergency Shelter Grant contract for fiscal
year 2006-2007 for the purpose and amount stated in Exhibit I and
incorporated hereto on behalf of the City of Chula Vista. The City Manager is
authorized to amend said contracts for minor budget adjustments or necessary
programmatic changes to the Scope of Work; and
4-72
Resolution No. 2006
Page 2
2)
The City Manager is authorized to execute the Fiscal Year 2006-2007
Community Development Block Grant ($2,042,661), HOME Investment
Partnerships ($954,765 including the American Dream Downpayment
Initiative) and Emergency Shelter Grant ($86,993) Agreements between the
City of Chula Vista and the U.S. Department of Housing and Urban
Development. The sample agreements from FY 05-06 are included as Exhibit
2.
Presented by
Approved as to form by
Ann Hix
Acting Director of Community Development
~~~
City Attorney
4-73
EXHIBIT 1
~,~;,;,:',i
..
.,
,. , +::'1;',1':,_ ;\~:"'~ 'i"t:,,;
OranIzatron/De
, ::"C,;" '~:";:;," _'" ::fj;>,: :;:,:'",':<;,: ',:;;,;..';'\_,";C; -~.!~ ,;-:'..:;:;;/- :s: ':'~
CDBG.'PublfcServfces' ."',':." ....
Adult Protective Services
C. V. Communit Collab./CVESD
C. V. Veterans Home Su ort Fndtn.
Famil Health Centers of S.D.
Lutheran Social Services
Lutheran Social Services
Meals-on-Wheels
South Ba Communit Svcs.
South Ba Communit Svcs.
South Ba Communit Svcs.
YMCA
Sub-Total
South Ba Adult Da Health Care
Child Care Coordinator
Rehab Unit E ui ment
KidCare Ex ress III Mobile Med. Unit
Carin Nei hbor
Pro'ect Hand
Meals-on-Wheels Chula Vista
Famil Violence Treatment
Prevention & Diversion Pro'ect
Thursda 's Meal
Kinshi Su ort Services
"',:,':.1:,
C\:
>"., ~
"CDI3GC6~unityErihancett1tintP!"ojec~
Bo s and Girls Club - Lauderbach
Sub-Total
",.,:".,";
'-';Jf,":'"
;","\'f!,.:' :<'
" ,,",o,,,".,:'c,.;,
Ca
rovements
',"--~'~.;~l\;,:, :"_"~;:,~z,~'~':~;;'~{r::"'i-<: .:' ,," ' :' ",," "::-,;
. CDBG'AdmirtJsttinon and flaDiiiD.g
Fair Housin Council of San Die 0 Fair Housin & Tenant Education
Re ional Task Force on the Homeless Re ional Task Force on the Homeless
Sub-Total
ESG'~':
;,~,
Casa Nueva Vida 1- ESG06
$82,644
$82,644
Sub-Total
4-74
EXHIBIT 2
SAMPLE HUD AGREEMENTS (FY 05-06)
4-75
Funding ApprovallAgreemen
Title I of the Housing and Community ....
Development Act (Public Law 930383)
HI-00515R of 20515R
U,S. Department of Housing' Urban Developmant
Office of Community Planning anu Development
Community Development Block Grant Program
1. Name of Grantee (as shown in Uem 5 ot Standard Fonn 424) 3. Grantee's 9+digit Tax ID Number 4. Da~ usa 01 funds may begin
City of Chula Vista 95-6000690 (mmlddlyyyy) 07/0 lI2005
2. GriIDlee's Complete Address {as shown in ijem 5 of Standard Fenn 424} Sa. Pmja<:UGrant No.1 6a. AmOUllt Approved
276 Fourth Avenue, MS C-401 B-05-MC-06-0540 $ 2,261,525
Chula Vista, CA 91910 5b. PmiecVGrant No. Z 6b. Amount Approved
5c. ProjaCIJGrant No.3 Be. Amount Approved
Grnnt Agreement: This Grant Agrecmcl1t between the Depilrtmcnt of HOUSIng and Urban Development (HUD) and the 3bov~ named Grantee IS made pwsuanL to the
authority or TItle I aCme Housing D.nd Community Development Act of 1974,. as amended. (42 use 5301 et seq.). The Grnntcc's submissions forTItlc r assistJ.nc~ the
HUD regulations at 24 CFR Part 570 (as now in effect nnd as ma.y be amended from time to time), and Ibis Funding Approval. including any special conditions.
constitute part of the Agreement. Subject to the provisions of this Grant Agreement. HUD will make the funding assistance specified here available to the GliIDtec upon
execution of the Agreement by the pnrties. The funding assistmce specified in the Funding Approvnl may be used to pay costs inCUITCd after me date specified in iu:m
4 above provided the a.ctivities to which such cosrs nee rela.ted Oll'e cnrried out in complinace with all :l.pplic:able requirements. Pre-:l.grcement costs may not be paid with
funding assistmlce specified here unless they nre authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval.
The Grantee agrees to assume all of the responsibilities for environmcnul review. decision making. and actions, uS specified and required in regulations issued by the
Secretary purnJaDt to Section 104{g) of TItle 1 and published in 24 CFR Pnn S8. The Grantee further :u:knowlcdges its responsibiUty for adherence to the Agreement by
sub-reci tent entities lO which it nukes fundin assistance hereundcr available.
U.S. Department of Housing and Ulban Development (By Name)
William Vasquez
Tille
Director of Co
Signa
unity Planning and Development
Dale (mmlddlyyyy)
Grantee Name
David Rowlands
nta
City Manager
Sig~ra ,., /r-> /.:) t'?, Dete (mmlddlyyyy)
,(Y-';I"-J.<r~'< , ? r"5-
9a. Dale HUD Received Submission 10. check one
(mmlddlyyyy) 05/16/2005 I:8J a. Dog. Funding
9b. Date Granlee Notified 0 Approval
Immlddlyyyy) b. Amendment
9c. Dale of Slart of Progmm Year Amendment Number
(mmlddlyyyy) 07/01/2005
alegory of Title J Assislance for this Fun
(chad< only one)
I:8J a. Entitlement, SeD 106(b)
Db. 5tata-Admlnistarad, See 106(d)(I)
CJ c. HUD.Administerad Small Cities, Sac 106(d)IZ)(B)
o d.lnd!en CDBG Programs, See 106(a)(I)
o e. 5U1plus Urban Renewal Funds, See 112(b)
o f. Special Purpose Gmnts, Sec 107
o g. Loan Guaranlee, Sac 1 OB
11. Amount of Community Development
Block Grant
a. Funds Resaaved for this Grantee
b. Funds now being Approl/ed
c. ReselVatlon 10 be Cancarted
11aminus11b
12b. Name and complete Address of Pub"c Agency
FY (2005)
2261525
FYI
FYI
$ 2,261,525
12a. Amount of Loan Guarantee Commitment now being Approved
Loan Guoranlee Ac.ceptaDce Provisions tor Designated Agencies:
The public agency hereby accepts the GIiUlt Agreement executed by the
Department of Housing and Urban Development aD the above date willi
respect to the above grant number(s) as Grantee designated to receive
loan gUiJJ'notee assistance, and agrees to comply with the Icnns and
conditions of the Agreement, applicable regulations. and other
requirements of HUD now or herea.ft~ in effect. pe:rtD.ining to the
assist:1nce provided it.
12c. Name 01 Authorized Official for Designated Public Agency
T~e
SignabJre
HUD Accounting use Only
Entafed By
Effective Date
(mmlddlyyyy) F
II 10
I
I
VefiliedBy
form HUD.70B2 (4193)
Batch
TAC
Program Y A Reg Area Documant No.
Project Number
Category
Amounl
DTI ItE DTI q 0 0 CD DJIIJ q;g;p [0] I
o DJIIJ I
o diItJ I
Date Entered PAS (mmlddlyyyy) Da~ Entered LDceS (mmlddlyyyy) Balch Number Trans_dlon Cod.
Amount
Amount
Z4 CFR 570
4-76
/
20Q5"COMMUNITY DEVELOPMENT SLOCK GRANT
SPECIAL CONDITIONS
Executive Order 12372
The special condition fDr the CDmmunity DevelDpment Biocl< Grant Program,
Funding Approval Agreement (HUD 7082), cDncerning the review prDDedures
under ExecLrtive Order 12372 _ IntergDvernmental review Df Federal Programs
and HUD's implementing regulatlDns '24.CFR, Part 52, restricts the obligation Dr
expenditure of fundsfDr the planning Dr constructiDn Df water Df sewer facilities
until the cDmpletion Df the review process and receipt of written notification of a
Release of Funds !rom HUD. In the event that the grantee amends or otherwise
revises ifs CDnsolidated Plan/ActiDn Plan to use funds for the planning or
constructiDn of water Dr sewer facilities, a written. Release Df Funds notice frDrn
the Department must be Dbtained befDre Dbligating Dr e~pendin9 funds for such
activities.
,.--......
..---.--
--~-_._-_._--_..
4-77
Funding Approval and HOME u.s. Department 01 Housing
and Urban Development
Investment Partnerships A_ eement Office a/Community Plannir..
Title II of the National Affordable Housing Act and Development
Publfc reporting burden for this collection of Information is estimated to avera~e 1 hour per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing !he collection of infonnation. This agency may not conduct or
sponsor, and a person is not required to respond to, a collection of infonnatlon unless that collection displays a valid OMS control number.
The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the
owners or tenants of the properties. and on Qlher programmatic areas. The Infonnatlon will be used: 1} to assist HOME partJcipants in managing their
programs: 2) to track performance of participants in meeting fund commibnent and expenditure deadlInes; 3) to permit HUD 10 determine whether each
participant meets the HOME statutory Income targeting and affordability requirements: and 4) to permit HUe to determine compJianca with other statutory
and regulatory program requIrements. This data collection is authorized under TiUa II of the Cranston.Gonzalez Natlo.,at Affordable Housing Act or related
authoritJes. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Ftecords of Information collected will be
maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public Information and Is genemlly available for
disclosure. Recipients ara responsible for ensuring confidentiality when public disclosure is not required.
OMS Approval No. 2506-0171
. (Exp.1J5I3112007).
Chula Vista, CA 91910
2. Participant Number
M-05-MC-06-0505
3. Tax Identification Number
95-6000690
4. Appropriation Number
see #18
5. FY (my)
2005
1. Participant Name and Address
City of Chula Vista
276 Fourth Avenue, MS C-401
6. Previous Obligation (Enter "0" for initial FY aUocation)
a. Formula Funds
b. Community Housing Development Org. (CHDO) Competitive
7. Current Transaction (+ or-)
$
$
1. CHDO (For deobllgations only)
2. Non. CHDO (For deobJigatlons only)
b. CHDO Competitive Reallocation or Deobligation (see #18 below)
$ 1.027,072
$
$
a. Formula Funds
$
8. Revised Obligation
8. Formula Funds
b. CHDO CompetItive Reallocation
9. Special Conditions (check applicable box)
[8J Not applicable D Attached
$
$
10. Date of Obligation (Congression,al Release Date)
(mlntdd/YYYY) 08/ 25/2005
This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/entity is made pursuant to the
authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 at seq.). The Participating Jurisdiction's IEntity's approved Consolidated Plan
submission/Application and the HUD regulatfons at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME
Investment Partnership Agreement, form HUD-40093. including any special conditions, constitute part of this Agreement Subject to the provisions of this
Agreement, HUD will make the funds for the Fiscal Year specified, ava[lable to the Participating Jurisdiction/Entity upon execution of this Agreement by lhe
parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment
by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. !-iUD's payment of funds under this Agreement Is subject to
the Participating Jurisdiction's/Entity's compJiance with HUD's electronic funds transfer and Information reporting procedures issued pursuant to 24 CFR
92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobllgata funds previously
awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction'sIEntity's execution of the amendment or other consent The
Participating Jurisdiction/entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies
as affordable housing. Repayment shall be made as specifJed In 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility
for environmental review, decisIon making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
1'. For the U.S. Departmento! HUD (Name and Tltieo! Authorized Official) '2.J~~ 13. Date
William Vasquez, Director of CPO RC/~ 08/25/2005
14. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official) 15. Si 16. Date
7' /7/6.1"
17. Check one:
[8J Initial Agreement
o Amendment #
18. Funding Information:
Source of Funds Accrocrialion Code
FY 2005 AODI 86Sn020S
FY 2005 HOME 865n02DS
PAS Gode
HMC
HMC
Amount
$34,958
$992,114
$
CHDO Competitive Reallocation
Source of Funds Acorocriation Code
PAS Code Amount
$
$
form HU0-40093 (0412004)
4-78
2005 ~u Vpcrations Instructions Attachments. 20
Grant No.: S-05-MC-06-0540
Official Contact Person: Ms. Aneela Davis
Telephone No: (619) 691.5036
FAX: (619) 476.5310
E-mail Address:adavis@ci.chula-vista.ca.us
Tax ill No: 95-6000690
Unit of Goveroment No: 0720
FY 2005 LOCAL GOVERNJ.\1ENT GRANT AGREEMENT
EMERGENCY SHELTER GRANTS PROGRAM
This Grant Agreement is made by and between the United States Department of Housing and Urban
Development (HUD) and the City of Chula Vista, the Grantee, for FY 2005 of the Emergency Shelter
Grants Program in the amount of $87,011. This grant was authorized by Subtitle B ofTitleN of the
McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition,
the grant operates through HUD's regulations at 24 CFR Part 576, as now in effect and as may be amended
from time to time, which are incorporated as part of this Agreement.
In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the
Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with
requirements for record keeping and annual performance reporting to HUD within 90 days after the
close of its consolidated program year, as required by' 24 CFR 91.520. This includes the periodic
information collected through HUD's Integrated Disbursements and Information System (IDIS). The
grantee's IDIS reporting must include information on grant activities, project sponsors, project sites,
and beneficiaries (including racial and ethnic data on participants). This information will be used for
program monitoring and evaluation purposes.
The grantee agrees to comply with all applicable Jaws and regulations in distributing funds provided under
this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which may
receive funding assistance.
The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as
applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement.
4-79
2005 ~u Operotioas Instructions AttachmenU: - 21
The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific
sources and amounts of the funds as required by 42 use 11375(a)(1).
The fonowing parties execute this Grant Agreement on the dates set forth below as fonows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
Signature and Dat
-/-d'r
By:
William Vasouez
Typed Name of Signatory
Director. Office of Community Planning and Development
Title
GRANTEE
By:
d~p F2-~(L.j,I' 7/c~"-
Signature and Date
Typed Name of Signatory
Title
4-80
2005 ~\,j Operations Instructions Attachmcnts - IS
LOCAL GOVERNMENT GRANTEE
FY 2005 EMERGENCY SHELTER GRANTS PROGRAM
CERTIFICATIONS BY THE CIllEF EXECUTIVE OFFICER
I, ' Chief Executive Officer of
. certify that the local government will ensure the provision of
the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this
certification a description of the sources and amounts of such supplemental funds.
I further certify that the local government will comply with:
(1) The requirements of 24 CFR 576.53 concerning the continued use of buildings for which
Emergency Shelter Grants are used forrehabilitation or conversion of buildings for use as
emergency shelters for the homeless; or when funds are used solely for operating costs or
essential services.
(2) The building standards requirement of 24 CFR 576.55.
(3) The requirements of 24 CFR 576.56, concerning assurances on services and other
assistance to the homeless.
(4) The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and
other applicable federal laws concerning nondiscrimination and equal opportunity.
(5) The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970.
(6) The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as
a result of a project assisted with these funds.
(7) The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988.
(8) The requirements 'of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement
procedures to ensure the confidentiality of records pertaining to any individual provided
family violence prevention or treatment services under any project assisted with ESG funds
and that the address or location of any family violence shelter project will not be made
public, except with written authorization of the person or persons responsible for the
operation of such shelter.
4-81
2005 E::Iv Opernuons Instructions Attachments - 16
(9) The requirement that recipients involve themselves, to the maximum extent practicable and
where appropriate, homeless individuals and families in policymaking, renovating,
maintaining, and operating facilities assisted under the ESG program, and in providing
services for occupants of these facilities as provided by 24 CFR 76.56.
(10) The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and
procedures applicable with respect to the environmental review responsibilities under the
National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR
Part 58.
(11) The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless
prevention activities for families that have received eviction notices or notices of
ternrination of utility services will meet the requirements that: (A) the inability of the
family to make the required payments must be the result of a sudden reduction in income;
(B) the assistance must be necessary to avoid eviction of the family or ternrination of the
services to the family; (C) there must be a reasonable prospect that the family will be able
to resume payments within a reasonable period of time; and (D) the assistance must not
supplant funding for preexisting homeless prevention activities from any other source.
(12) The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and
implement, to the maximum extent practicable and where appropriate, policies and
protocols for the discharge of persons from publicly funded institutions or systems of care
(such as health care facilities, foster care or other youth facilities, or correction programs
and institutions) in order to prevent such discharge from immediately resulting in
homelessness for such persons. I further understand that state and local governments are
primarily responsible for the care of these individuals, and that ESG funds are not to be
used to assist such persons in place of state and local resources.
(13) HUD's standards for participation in a local Homeless Management
Information System (HMIS) and the collection and reporting of client-level information.
4-82
2005 &Iv Opcr:1lions InslrUttions AtU1chmcnts - 17
I further certify that the submission of a completed and approved Consolidated Plan with its
certifications, which act as the application for an Emergency Shelter Grant, is authorized under state
and/or local law ,
and that the local government possesses legal authority to carry out grant activities in accordance with the
applicable laws and regulations of the U. S. Department of Housing and Urban Development.
By:
~tV_~,~- ~ rrY05-
Signature of Chief Executive 0 cer and Date
Typed Name of Signatory
Title
4-83