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HomeMy WebLinkAbout2006/08/01 Item 4 PAGE I, ITEM NO.: MEETING DATE: L! / " 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 4-1 PAGE 2, ITEM NO.: MEETING DATE: L/- 08/01/06 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. 4-2 Attachment D: PAGE 3, ITEM NO.: MEETING DATE: 4- 08/01/06 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. 4-3 PAGE 4, ITEM NO.: if MEETING DATE: 08/01/06 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 4-4 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 4-5 ~ff? - - 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 4-6 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 2 4-7 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 3 4-8 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; 4 4-9 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 5 4-10 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. 6 4-11 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 7 4-12 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, 8 4-13 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 9 4-14 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? ~ ~- - 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 4-20 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 4-22 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 ~f~ --- -~ ~ 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?. -r- '::::~ 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.. :b.b 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