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HomeMy WebLinkAbout1992/08/25 Item 16 COUNCIL AGENDA STATEMENT Item J lD Meeting Date 08/25/92 ITEM TITLE: a) RESOLUTION II. "710 Approving agreement between the City of Chula Vista and Woodlawn Park Community Center and authorizing the Mayor to execute said agreement b) RESOLUTION 11.1-"1 I Approving agreement between the City of Chula Vista and South County Council on Aging (Shared Housing) and authorizing the Mayor to execute said agreement c) RESOLUTION 1 "'1 1l.. Approving agreement between the City of Chula Vista and Fair Housing Council of San Diego and authorizing the Mayor to execute said agreement d) RESOLUTION II. i 1 ~ Approving agreement between the City of Chula Vista and Center for Women's Studies and Services (project Safehouse) and authorizing the Mayor to execute said agreement e) RESOLUTION /1..'1 Y. Approving agreement between the City of Chula Vista and Episcopal Community Services (Otay Community Clinic) and authorizing the Mayor to execute said agreement f) RESOLUTION I b"7"7 5 Approving agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista (feen Outreach) and authorizing the Mayor to execute said agreement g) RESOLUTION I j,,""7/o Approving agreement between the City of Chula Vista and Community Service Center for the Disabled and authorizing the Mayor to execute said agreement h) RESOLUTION / 14"717 Approving agreement between the City of Chula Vista and Sweetwater Union High School District (New Chance Program) and authorizing the Mayor to execute said agreement i) RESOLUTION / bit &' Approving agreement between the City of Chula Vista and YWCA of San Diego County (Men's Counseling) and authorizing the Mayor to execute said agreement j) RESOLUTION J Ie "7 i1 Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (YMCA Family Stress Center) and authorizing the Mayor to execute said agreement k) RESOLUTION I L.1 i' 0 Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (South Bay Family YMCA Sunshine Company) and authorizing the Mayor to execute said agreement I) RESOLUTION 11:> i r I Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (South Bay Family YMCA Summer Day Camp) and authorizing the Mayor to execute said agreement m) RESOLUTION lID'? r ~ Approving agreement between the City of Chula Vista and YMCA of Metropolitan San Diego County (Chula Vista Human Services Council) and authorizing the Mayor to execute said agreement I~..I Page 2, Item I b Meeting Date 08/25/82 n) RESOLUTION (Io'.....!. Approving agreement between the City of Chula Vista and Lutheran Social Services Southern California Project Hand) and authorizing the Mayor to execute said agreement 0) RESOLUTION 1\.."'1; ~ Approving agreement between the City of Chula Vista and Adult Protective Services (South Bay Adult Day Health Center) and authorizing the Mayor to execute said agreement p) RESOLUTION } 1.'1 t S Approving agreement between the City of Chula Vista and Senior Adult Services (Meals on Wheels) and authorizing the Mayor to execute said agreement q) RESOLUTION ) 1.1 3' ~ Approving agreement between the City of Chula Vista and Jobs for Youth and authorizing the Mayor to execute said agreement r) RESOLUTION I bit1 Approving agreement between the City of Chula Vista and South Bay Community Services (Casa Nuestra) and authorizing the Mayor to execute said agreement s) RESOLUTION I b1 tt Approving agreement between the City of Chula Vista and South Bay Community Services (Graffiti Eradication) and authorizing the Mayor to execute said agreement t) RESOLUTION 1 b"1 fi Approving agreement between the City of Chula Vista and South Bay Community Services (Intervention Team) and authorizing the Mayor to execute said agreement u) RESOLUTION 161'1D Approving agreement between the City ofChula Vista and South Bay Community Services (Community Development Program) and authorizing the Mayor to execute said agreement v) RESOLUTION I b1li/ Approving agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista (Public Address System) and authorizing the Mayor to execute said agreement SUBMITTED BY: Community Development Director {/? . REVIEWED BY: City Manager ~1G (4/5ths Vote: Yes No .x) BACKGROUND: On May 19, 1992, the City Council approved $227,790 of CDBG funds to nineteen social service programs and $108,410 for three community development programs and $50,000 to fair housing and planning programs. The U.S. Housing and Urban Development Department (HUD) requires a written agreement between the City and each sub-recipient of CDBG funds. RECOMMENDATION: That the City Council adopt the resolutions approving agreements with the social service, community development and fair housing organizations; and, authorize the Mayor to execute the agreements. 11--2.. .~ ...., ~ ~~ Page 3, Item II... Meeting Date 08125/82 BOARDS/COMMISSIONS RECOMMENDATION: The Commission on Aging, the Youth Commission, Chi1dcare Commission and the Human Relations Commission made funding recommendations in April 1992 which were considered by Council in approving the CDBG budget on May 19, 1992. DISCUSSION: Most of the social service organizations which were allocated 1992-93 CDBG have been providing the services specified in their respective contracts since July 1, 1992. As many of these contracts provide some funding for staff positions and the organizations have not received any CDBG reimbursement, they may have to lay off their affected staff persons. Since the State budget crisis was not resolved, staff has delayed bringing these contracts forward for execution. At this point in time, even though there is still no State budget agreement, it is critical to either execute the contracts or notify the social service agencies to discontinue the programs they are providing in expectation of these funds. Once these contracts are executed, the funds which have been appropriated are irrevocable. This is consistent with the way the CDBG contracts were handled last year. Each contract agreement has several exhibits attached which are incorporated into the agreements. The exhibits are as follows: Exhibit A: The Statement of Work and Peifomumces Schedule describes the services 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. Exhibit B: The Itemized Budget shows exactly how the agency intends to expend the CDBG funds. This itemized budget will be used to monitor expenditures through the year. Exhibit C: City of Chula Vista Party Disclosure Form Exhibit D: The HUD Income Limits for the San Diego Standard Metropolitan Statistical Area (revised May 1992) will be used to determine the number of low income households/persons served. Each program is required to serve a minimum of 70 percent low-income persons/household. The contract agreements are with the following organizations for the purpose and amount stated: /l~ ,~ Page 4, Item Jt, Meeting Date 08/25/82 Woodlawn Park Community Center to provide social and recreational activities for youth and senior citizens $20,000 South County Council on Aging to provide a Shared Housing service, matching senior citizens or disabled persons with households with extra bedrooms(s). $15,000 Fair Housing Council of San Diego to provide fair housing education and outreach, fair housing assessment, and tenant/landlord counseling $40,000 Episcopal Community Services Otay Community Clinic to provide health education and outreach $10,000 Center for Women's Studies and Services, Project Safehouse to provide emergency shelter and case management $5,000 Boys and Girls Club of Chula Vista, Teen Outreach to provide supervised activities for teenagers at the Youth Community Center on L Street $9,000 Community Service Center for the Disabled to provide client services for disabled persons $8,000 Sweetwater Union High School District, New Chance program to provide childcare services and parent education for young, indigent mothers $5,000 YMCA of Metropolitan San Diego County to provide services to abused children and their families at the YMCA Family Stress Center $20,000 YMCA of Metropolitan San Diego County, Sunshine Company Childcare program to provide after school childcare for school age children at three school sites 15,000 YMCA of Metropolitan San Diego County, Summer Day Camp to provide a summer activity program for youth $6,000 YMCA of Metropolitan San Diego County, Human Services Council for resource development and coalition building activities $20,000 YWCA of San Diego County, Mens Counseling to provide group therapy for perpetrators of domestic violence $5,000 Lutheran Social Services of Southern California, Project Hand to provide emergency services and counseling for homeless families $14,000 Adult Protective Services to provide a comprehensive day program for frail elderly at the South Bay Adult Health Center $9,000 Senior Adult Services, Meals on Wheels program to provide meals to homebound elderly and disabled $5,500 Jobs for Youth Program to provide part-time employment opportunities for youth $3,100 South Bay Community Services, Casa Nuestra to provide shelter and supervision for homeless and runaway youth and family counseling services $15,000 110 ~if Page 5, Item I ~ Meeting Date 08/25/82 South Bay Community Services/Chula Vista Police Department Intervention Team to provide counseling services for families involved in domestic violence $15,000 South Bay Community Services to undertake graffiti eradication for neighborhood revital ization $33,600 South Bay Community Services to undertake community development activities, including affordable housing development and preservation $48,000 In addition, the Community Development Department will draft and execute Memorandums of Understanding with other City departments which are utilizing CDBG funds. These include the Library's Chula Vista Literacy Team ($43,190) and Building and Housing's Community Appearance Program ($26,810). The City Council approved funding for the Fair Housing Council of San Diego to implement a comprehensive fair housing program, as required by CDBG regulations. The Council allocated $30,000 out of this year's entitlement and there is $10,000 remaining from last year's fair housing program, for a total of $40,000. The funding for the public address system at the Oleander facility of the Boys and Girls Club of Chula Vista was appropriated last year. No additional funding is needed but contract approval is required. FISCAL IMPACT: The total amount of funding provided for in these CDBG contracts is $398,950. The contracts will be funded out of the 1992-93 Community Development Block Grant entitlement of $1,380,000. In addition, $22,750 of previously allocated CDBG funds will fund the Boys and Girls Club of Chula Vista (for the public address system) and supplement funding for the Fair Housing Council of San Diego. [C:\WPSl\HARRlS\CDBG.CON] /10 - 5 RESOLUTION NO. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WOODLAWN PARK CIVIC LEAGUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, ~ WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092 - _, a copy of wh i ch is on fil e in the offi ce of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said Ci ty; and shall make a mi nute of the passage and adop . on hereof in the minutes of the meeting at which the same is passed and ado pre(;ited by ~VL_~ Chris Salomone Community Development Director API! 0 d as ~ f r by J Bruce M. Boogaard City Attorney WPC 4976H/4977H /l,A -/ /1"A~2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF WOODLAWN PARK CIVIC LEAGUE IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Woodlawn Park Civic League, a non-profit organi zat i on ("Grantee"), and is made wi th reference to the following facts: R~~lI81~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut ion of a wri tten agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /f;A-:] 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Woodl awn Park Communi ty Center. The City shall compensate Grantee for said services up to a maximum amount not to exceed $20,000 (Twenty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of res i dents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Woodlawn Park Civic League are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /6/l-Lj 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement.. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admini ster thi s agreement on behalf of the City. The Director of Woodlawn Park Civic League, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sections of 24 CFR Part 85 "Uniform Admi ni strati ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Prooram Reoui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsi bil i ty for i ni t i at i ng the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income sha 11 be substant i ally di sbursed for said servi ces before the Ci ty will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- / /.; /! -j:/ 15. Druq-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvinq of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee utili zes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abi 1 ity and property damage insurance pol icies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with. HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- Jf,rl/~ .. ., .. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of COBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney WOODLAWN PARK CIVIC LEAGUE BY,f+~~ Exhibit List Exhibit A. Exhibit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget ~~~y I~~o~~ui ~m~~~t~R~~~~~d D7~~1~~~~~ Statement NOT SCANNED c;-..<r~~ ... -',~.. WPC 4974H/4975H -5- )/;'/)~7 ~ EXHIBIT A WOODLAWN PARK COMMUNITY CENTER SCOPE OF WORK AND PERFORMANCE SCHEDULE The Woodlawn Park community Center will serve 950 persons by offering the following programs in 1992-93: Summertime Youth Program July and August senior Luncheon Program every Monday Thanksgiving Luncheon November Christmas Luncheon December Youth Drop-in Activity Program Year-round Cultural Activities for Seniors Once a month Emergency food and clothing Year-round /~. q~;r' WOODLAWN PARK COMMUNITY CENTER REVISED BUDGET 92/93 SUPPLIES $ 2,100.00 UTILITIES 3,200.00 NSURANCE 7,000.00 TRANSPORTATION 2,400.00 Other 5,300.00 Youth Activities $2,300.00 Health Permit 300.00 Vehicle Registration 200.00 Space Rental (For Thanksgiving Luncheon) 300.00 Postage & Printing 250.00 Repair & 1,200.00 Maintenance Gasoline & Oil 750.00 (For project vehicles) Total Budget $20,000.00 /id1-i EXHIBIT B THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT <;tatement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters lhich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest In the contract, i:e., contractor, subcontractor, material supplier. WOODLAWN PARK COMMUNITY CENTER 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Nnn~ 3. If any person identified pursuant to (1) above is non-profit organization or a 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. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No _ If yes, please indicate person(s): No 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Evelyn L. Gillespie 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No lL. If yes, state which Councilmember(s): Person is dermed as: ':Any individua~ finn, co-pll1tnership, joint venture, association, social club, fraternal organization, corporation, estate, t1Ust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) [C\ WP51 \ COUNCIL \DISCLOSETXTI Print or type name of contractor/applicant /&:>/j-/O [ r "te: Auqust 5. 1992 WOODLAWN PARK COMMUNITY CENTER 3. Persons serving as Board Members Synetha Anderson' Secretary/ Treasurer Hosea Battle Booker T. Bowen Gloria J. Bowen Nellie Galberth Consuela Garcia Leila Cheatheam Julia Hassler Evelyn L. Gillespie. Project Director Fannie McFarlin Norma Miller San ita Reid victor Rosales James E. Stiltson Marie F. Thompson, President Pamela S. Tipp /&? .1- / ! RESOLUTION NO. )~111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH COUNTY COUNCIL ON AGING AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and pted. Presented by 2tJ '~::JJ Bruce M. Booga City Attorney ~~~ Chris Salomone Community Development Director WPC 4976H/4977H 11.:.6- (II'~"'Z- AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH COUNTY COUNCIL ON AGING IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and South County Council on Aging, a non-profit organization ("Grantee"), and is made with reference to the following facts: RI.c.lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefit low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /?!!J~J 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means ta determine the income level of each person or family served. 4. Comoensat i on and BudQet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Shared Housing Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $15,000 (Fifteen Thousand Dollars). An itemized budget for sai d expenses is in Exhi bit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemi zed accounting of the expenditures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. AssiQnment. The services of South County Council on Aging are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974K/4975K -2- / j;? !J.. L( 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud i t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City COBG funds. 9. Reoresentatives. The Community Oevelopment Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of South County Council on Aging, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply wi th the app 1 i cabl e uniform admi ni strat i ve requirements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi n9 except ions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substant i ally di sbursed for said services before the Ci ty wi 11 make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /&tJ~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement ioned purposes, then the Grantee shall compl ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i ficate of insurance. Grantee wi 11 provide, pri or to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $I, 000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and whi ch treats the employees of the Ci ty in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- Ii? {J//; 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF. City and Grantee have executed thi s Agreement this ____ day of . 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH COUNTY COUNCIL ON AGING BY:/?{~~~.I~~ p 4~ Exhibit List Exhibit A. Exhi bit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement j"t..,~",-,~~,v",- WPC 4974"/4975" -5- /ttJr7 EXHIBIT A SOUTH COUNTY COUNCIL ON AGING SHARE!) HOUSING FlY 7/01/92 - 6/30/93 STATEMENT OF WORK 1. DESCRIPTION SECTION The main activities of our organization is to provide a Shared Housing Program where two or more persons share living arrangements and share in housing related expenses. We also strive to find home sharers who may assist the handi- capped homeowner. This may be in lieu of rent and helps the homeowner remain in their home, rather than become insitiutionalized. 2. SCHEDULE SECTION Our program is staffed by a Director and one bi-lingual clerk counselor trained to assess client needs in a placement program. We net- work with providers, community agencies, and attend seminars to enable us to provide our clients with housing opportunities. In a recent previous year we registered 343 persons for Shared Housing. Of this total we placed 172 in home sharing arrangements or 50% of those registered. About 76% in these arrangements are low income seniors and are residents of Chula Vista. 3. BUDGET Our resources for the projected fiscal year 92-93 will be from CDBG funds: $15,000.- City of Chula Vista and $10,000. - County of San Diego. Funds will pay one full-time Director and one part-time Bi-lingual counselor. Other expenses include utilities, insurance (compensation, liability & fire, and automobile), advertising, supplies, postage and travel expense. /?;t5 -g' SOUTH COUNTY COUNCIL ON AGING SHARED HOUSING F/Y 7/01/92 - 6/30/93 PROGRAM BUDGET (Amended) EXPENSE CITY CHULA VISTA COUNTY SAN DIEGO ACCOUNT Block Gr. Funds Block Gr. Funds Salaries & Fringe 11 ,890. 7,958. Rent/Utilities 942. 628. Supplies 288. 162. Bookkeeping & Insurance 1,020. 682. Travel Exp. & Postage 360. 240. Advertising 500. 330. TOTALS $15,000. $10,000. /t7{f-7 EXHIBIT B TOTAL . 1 9,848. 1,570. 450. 1.702. 600. 830. $25,000. EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800. First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJBCT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANOARD 2. 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 , If you have any questions concerning the income limits, please contact: ....-:~,32930~._ r"';7.~'.. . ---j....... ~i:~- + '~ 'Y' \..," A' JUM 1992 c; Received N t .;'"", Community Oevelopmen ~c.; Department ~ C' I) ,," 'Z6/ / 1," .<.:[lL9Li7~'C.\' /6!3 ~/O MEMBER AGENCIES: Cities of Carlsbad; Chula Vista, Coronado, Del Mar, EICajon. Encinitas. Escondido, Imperial Beach, La Mesa, Lemon Grove. National City, Oceanside, Poway. San Diego,'San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters tmch will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest III the contract, i:e., contractor, subcontractor, material supplier. SOUTH COUNTY COUNCIL ON AGING 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . NONE 3. If any person identified pursuant to (1) above is non-profit organization or a 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. Dorothy Showman - Treasurer Shere Mann - Secretary Anita Hernandez - President Anne Nute - Vice President 'L Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No..!. If yes, please indicate person(s):. 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Maxine Whittington - Director Olga Soto - Counselor 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No --.2l If yes, state which Councilmember( s): Person is defIned as: "Any individual, finn, co-pannership, joint venture, association, social club, fraternal organization, corporatioll, estate, l1Us~ receiver, syndicate, this and any other county. city and country, city, municipality, district or other political subdivision, OT any other group or combination acting as a unit," (NOTE: Attach additional pages as necessary) n'l.te: July 22, 1992 ~~? p/ ~..-.d=.~./ v Signature of contractor/applicant SHARED HOUSING Maxine Whittington - Director Print or type name of contractor/applicant / r:; t5 / / [Rcvi,ed 11/30/901 [e:\ WP51\COUNClL\DISCLOSE. TXT] RESOLUTION NO. IIoI'?- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND FAIR HOUSING COUNCIL OF SAN DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and' program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION I. The Ci ty Council does hereby approve the Agreement known as Document Number C092- _, a copy of which is on fil e in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and ption hereof in the minutes of the meeting at which the same is p sed and d ted. Presented by ~~ WPC 4976H/4977H It.. Q - I / /lflt... 'L Chris Salomone Community Development Director AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF FAIR HOUSING COUNCIL OF SAN DIEGO IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporation of the State of California, and Fair Housing Council of San Diego, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: Rf~lI8LS. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefi t low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having th!lse certain services for the benefit of low income households, hereinafter enumerated~ performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aareement. The term of th is agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /J; c- -3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensat i on and Budaet. The Grantee agrees to expend C i ty-appropri ated funds to meet bona fi de obl igat ions incurred for the Chul a Vista Fair Housing Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $40,000 (Forty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payroll s, etc. as shall provide reasonabl e proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previous quarter, which includes a brief narrative of the services provided and an itemi zed account i ng of the expenditures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- /6C- Y 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shan represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Fair Housing Council of San Diego, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sect ions af 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a} The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b} The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requi rements of OMB Ci rcul ar A-122 "Cost Pri nci p 1 es for Nan- Prafit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income sha 11 be substantially di sbursed for said servi ces before the Ci ty will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaiaus Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ~ / b L: - ~:;> 15. Druq-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvinq of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. 1 f Grantee ut i 1 i zes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and e'xpense(including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole wi 11 ful conduct of the City, its offi cers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974"/4975" -4- /hC-r{, ., . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chu1a Vista ATTEST: City C1 erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney FAIR HOUSING COUNCIL OF SAN DIEGO 8Y'~-'~ ~ ~~ . Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOTsrM'NED City of Chu1a Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- /j?c"7 ~ ~ \ ~ STATEMENT OF WORK EXHIBIT A PAGE 1 JULY 1, 1992 - JUNE 30, 1993 I. The recipient, the Comprehensive Housing Coalition, under administration by the Fair Housing Council of San Diego, shall create and provide Fair Housing and Landlord/Tenant counseling, investigation, mediation/negotiation, education and referral services for consumers and providers of housing in the City of Chula vista. II. The recipient agrees to provide the following work products, in the dates specified below to the appropriate delivery point. The statement of work(time line and sequential tasks) reflects work products in the recipients application submitted in response to the RFP for Fair Housing Services. TASK PRODUCTS/DELIVERABLES 1. ADMINISTRATIVE 1.1 Program Coordination and Administration 1.2 Prepare Quarterly Progress Report for Program Duration Written report 1.3 Prepare and Submit Final Program Report Final Written Report 2. HOUSING COUNSELING SERVICES 2.1 Create and maintain a Summary report quarterly hotline for residents of Chu1a vista 2.2 Investigate, negotiate Summary report quarterly Fair Housing complaints 2.3 Negotiate Landlord/ Summary report quarterly Tenant issues DUE DATE DELIVERY POINT Ongoing David Harris 90 days Quarterly thereafter David Harris 390 days David Harris ongoing David Harris Ongoing David Harris Ongoing David Harris 3. EDUCATION/OUTREACH ACTIVITIES 3.1 Create and publish four Draft and final copy feature articles for Spanish language publications 3.2 Create innovative Spanish Draft and final copy language materials on housing issues geared toward consumers (comic strip, etc. . .) 3.3 Four joint Fair Housing Impact statement LL/Tenant community presentations '- ~ C\ ( ~ 3.4 Four joint Fair Housing Impact statement LL/Tenant Social Service agency presentations 3.5 Organize and conduct Invitation to event elementary school FH poster contest (coordinate w/previous years experience by city) 3.6 Perform mini-audit for City of Chula vista Audit survey report 4. DESIGN AND PRINT MATERIAL FOR CITY OF CHULA VISTA FH PROGRAM 4.1 Provider brochures reprint (FHProgram Chula vista attached) 500 copies Final copy Quarterly 180 days Quarterly Quarterly April 1993 230 days 30. days EXHIBIT A PAGE David Harris I David Harris David Harris . David Harris David Harris David Harris David Harris " .~ ~ \ "-... ~ 4.2 4.3 4.4 4.5 4.6 4.7 EXHIBIT A PA~_ 3 Labels printed for FH Final copy 30 days David Harris Program Chula vista Create a draft of a LL/T Draft 130 days David Harris Fair Housing brochure for the Chula vista FH Program Produce 1000 LL/Tenant Final copy 180 days David Harris Fair Housing brochures for the Chula vista FH Program Draft a hotline flyer Draft 60 days David Harris Produce 5000 hotline Final copy 80 days David Harris flyers Distribute materials Ongoing . David Harris for Chula vista FH program EXHIBIT B FAIR HOUSING PROGRAM FOR CHULA VISTA FISCAL YEAR JULY 1, 1992 - JUNE 30, 1992 ITEMIZED PROGRAM BUDGET Salaries/Benefits: $33,830.00 Rent/Utilities: Equipment/Supplies(postage): 1,590.00 1,400.00 Printing: 2,600.00 Poster Contest Prizes: 700.00 Travel/Testers: 1,680.00 Cater/Rm Rental: 500.00 Total: $42,300.00 without poster contest: Total: $38,800.00 /0C-// EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 'It TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: Hun News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350, 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 /",-. ~ JUN 1992 -:::;~ ""~ .. "\ ':~ , I.>~ \, ~-' \ c.\ ~} ,.... ~.:.:.' / ~~,- '/'" - r.. , Received (;(Immunity Development Department C;'/ ,,"/ '~0" '" ' C ",i S" ~.~ ,...;;, - " " ;' r\ / t{'- /;L MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado, Del Mar. EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway. San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. THE FAIR HOUSING COUNCIL OF SAN DIEGO (Board of Directors 1991-92) FOR BUSINESS USE * Term ends November 1992 ** Term ends November 1993 BARBRE, JON ** Service Center for the Disabled 1295 University Ave., #10 San Diego, CA 92103 Bus: 293-3500 Home: 226-1890- JAMES, JOYCE * S.D. Urban League 4061 44th Street San Diego, CA 92105 Home: 563-8656- BELL, BOB ** Luce, Forward, Hamilton and Scripps 110 West A Street San Diego, CA 92101 Bus: 699-2402- JOHNSON, SHARON U Resident Relations of CA 1011 Camino del Rio S., Ste 201 San Diego, CA 92108 Bus: 297-7648- CLARK, CORINNE ** Clark, Gumpel & Gersten 701 B Street, Ste 625 San Diego, CA 92101 Bus: 233-1861- LOW, ROBIN * County EO Mgmt. Office 1600 Pacific Hwy., Rm 208 San Diego, CA 92101 Bus: 531-4984- DAVIS, EARL W. ** Vice-President Neighborhood House ABen. 841 South 41st Street San Diego, CA 92113 Bus: 263-7761- RICHARDSON, DELROY ** SDG&E P.O. Box 1831 San Diego, CA 92112 Bus: 696-2024 EHRINGER, MARTHA * CA Western Law School 350 Cedar Street San Diego, CA 92101 Bus: 525-7636- RIVEROLL, MARIA ** Secretary S.E.D.C. 930 Gateway Ctr Way San Diego, CA 92102 Bus: 236-7345- GREEN, JUDITH-GAIL * NHA Headstart Program 656 5th Avenue, Ste B San Diego, CA 92101 Bus: 239-9281 x13- RYAH, D.J. ** President The Center 1233 Camino del Rio South San Diego, 'CA 92108 Bus: 295-2911 HICKS, GLORIA ** MAAC Project 1671 Albany Street Chu1a Vista, CA 92010 Bus: 422-9236- VICKERS, MARTHA * SDSU Housing Office San Diego State Univ. San Diego, CA 92182 Bus: 594-6181- HOFFMAN, CHUCK ** Treasurer ACI Investments 8880 Rio San Diego Dr. San Diego, CA 92108 Bus: 299-3000- MILLS, VILLAU 12772 Spruce Grove Place San Diego, CA 92131 Pager No. 559-7385 /6(/) THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters 'vhich will require discretionary action on the part of the City Council, Planning Commission, and all other ,fficial bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. The Fair Housing Council of San Diego 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . None 3. If any person identified pursuant to (1) above is non-profit organization or a 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. See Attached List Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve" months? Yes No ---"'-- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Tamara K. Sockey The Fair Housing Council of S.D. Pam Johansen - Chicano Federation Sh~ron Johnson - Resident Relations of CA 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No --"'- If yes, state which Councilmember( s): Person is defmed as: :4ny individual, finn, co-partnership, joint venture. association, social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate. this and any other county, city and country, city, municipality, distdct or other political subdi~'isiofJJ or any other group or combination acting as a unit." (NOTE: Attach addijal pages as necessary) 1/cJ. /fj,,/ " Date: [C:\ WP51 \ COUNCIL \DISCLOSETXTJ RESOLUTION NO. )1.,113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CENTER FOR WOMEN'S STUDIES & SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by (L~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H I bO, I //1, /)-2. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF CENTER FOR WOMEN'S STUDIES & SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made thi s July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Center for Women's Studies & Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: !:LE~lI8.!...s. WHEREAS, the City participates in the Community Development Block Grant (COBG) Program, a principal goal of which is to fund programs and servi ces which wi 11 benefi t low and moderate- income Chula Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vi sta held a publ ic hearing and allocated COBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng those certai n servi ces for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and . WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of this agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bi t A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /~P..3 3. low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasanable means ta determine the income level of each person or family served. 4. Comoensation and Budqet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Project Safehouse. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,000 (Five Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred duri ng the peri od specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Center for Women's Studies & Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- li,!)LI 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Center for Women's Studies & Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part B5 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds sha 11 be reported to the City and shall on 1 y be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ) /; 7J~~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvina of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. 1 f Grantee ut il i zes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i ci es whi ch thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general publ ic ("cross-l iabil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without 1 imi tat i on attorney's fees) ari s i ngout of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. \/PC 4974H/4975H -4- / b P- ~ ~ '. . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney CENTER FOR WOMEN'S STUDIES & SERVICES BY: ,~\tJz- Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statemenf-;';O:':TS n CAI\NED WPC 4974H/4975H -5- /177J-? '" !!W ~:i ~ JUL 1992 Receive" CommUnity l)evelc~I'r,:'_'. Department ' CENTER FOR WOMEN'S STUDIES AND SERVICES. 2467'E' ST. SAN DIEGO, CA 92102 (619) 233-8984 CITY OF CHULA VISTA Fiscal Year 1992-1993 1. Exhibit A: Statement of Work and Perfomance Schedule We will provide the following services for victims of domestic violence: 1. Shelter: 33 women and .2L children will be provided with safe shelter each quarter for a minimum of 135 women and 225 children for the period of July 1, 1992 through June 30, 1993. Shelter guest will also be provided the following services: a. Individual Counseling b. Group Counseling c. food and clothing d. education materials e. transportation f. legal assistance 2. Hotline: Crisis hotline assistance will be provided to victims and family members of victims II. Exhibit B: Itemized Budget Item 1. 2. 3. Crisis Hotline (Telephone): Rent: Counselor for Domestic Violence Support Group: Court fees for victims: Food: Maintenance & Repair for Shelter: 4. 5. 6. TOTAL: 225 Ouarterly Total $250 $1. 000 250 1,000 96 384 125 500 279 1. 116 2.5L 1.000 $1,250 $5,000 / j; p-?( EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD .News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANOARO 2. 3 4 5 6 7 B SAN DIEGO Very low income 14500 16550 lB650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29BOO 33100 35750 3B400 41050 43700 Median income 29000 33100 37250 41400 44700 4BOOO 51350 54650 Moderate income 34BOO 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: 0""10-', (,12....),(..<:)':;U27 rf,:)v ......... / V ... _~9 T' Y' [0' JUN 1992 ~, I'; Received ~) \~, Ccmmunity Development Co . ~(" Department (~, ~ ~ '~ () "/",, '\.~ J.' 1," , ,~,,~,..,,: rL 9L it\. <t." . /67)q MEMBER AGENCIES: Cities of Carlsbad,' Chula Vista; Coronado, Del Mar. EI Cajon, Encinitas, ~condidO. Imperial Beach, La Mesa, lemon Grove, National City; Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CllY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other Jfficial bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest In the contract, i:e., contractor, subcontractor, material supplier. CenTer for Women's Studies and Services, Inc. (CWSS) 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership_ . None 3. If any person identified pursuant to (1) above is non-profit organization or a 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. SEE ATTACHED LIST Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No xx If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Carol Council Laurine Baxter Sue Kirk Vera Herbst T~l1n"';~ M;:'lrkpn7;p 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No xx If yes, state which Councilmember( s): Person is dermed as: ~ny individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate, this and any other county. city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: 07/17/9? 2J LAJL tCcJvC Signature of contractor/applicant [C:\ WP51\COUNCIL\DISCLOSETXTj Sue Kirk. Actinq Director Print or type name of contractor/applicant / b 1)-;0 {Rcv;scd 11(30(90] RESOLUTION NO. 1&.17t.f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANO EPISCOPAL COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. this Resolution; Presented by 0~~ Chris Salomone Community Development Director mby J Bruce M. Boogaard City Attorney WPC 4976H/4977H 1 'oG -I /1I#E-1. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF EPISCOPAL COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chu1a Vista ("City") herein, a municipal corporation of the State of Ca1 ifornia, and Episcopal Community Services, a non-profit organi zat ion ("Grantee"), and is made with reference to the fo 11 owi ng facts: RI~II8l~ WHEREAS, the City participates in the Convnunity Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 . benefi t low and moderate- income Chula Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chu1a Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- ;I,E3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. ComDensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Otay Community Clinic Health Education Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $10,000 (Ten Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses i temi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. . 6. ReDorts. The Grantee shall provide the City with a quarterly report, submi tted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, whi ch i ncl udes a bri ef narrat i ve of the servi ces provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Episcopal Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- ;i7E-L! 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a compl ete fi nanci a 1 and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Episcopal Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- // E- ~ /U:?" / 15. DruQ-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci al s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut il i zes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee wi 11 provide, pri or to the commencement of the services requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspensi on and Termi nat i on. In accordance wi th HUD regul at ion 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /hE-? " .. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy'in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney EPISCOPAL COMMUNITY SERVICES BY: ~ff/~ Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- / c:: E~ 7 EPISCOPAL COMMUNITY SERVICES EXHIBIT A STATEMENT OF WORK/PERFORMANCE SCHEDULE ACTIVITY TIMELINE 1. HIRE: Outreach Health Educator (OHE) Fifteen days from finding 2. ORIENT: OHE to ECS South Bay Programs Wi thin Fifteen days of Hire 3. SCHEDULE: Presentations to ECS Programs Minimum 4 Within Thirty Days of Hire 4. PROVIDE: Health Education Classes & Individual Sessions at ECS South Bay Programs Minimum 20 per month Within Thirty Days of Hire and Ongoing 5. SCHEDULE: Presentations at Community Agencies, Centers and Other Interested Groups or Companies Minimum 10 Wi thin Ninety Days of Hire and Ongoing 6. PREPARE: Progress Reports Quarterly ~ 0,"' /t-t' ;$ Salaries/Benefits Rent/Utilities E~~ipment/Supplies Mileage/Tokens Management Fee EPISCOPAL COMMUNITY SERVICES Totals EXHIBIT B ITEMIZED BUDGET ~ $10,000 $10,000 /61:-; OTHF.R PONDS $ 4,200 1,100 400 800 1. 700 $ 8,200 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters \ich will require discretionary action on the part of the City Council, Planning Commission, and all other ~.iicial bodies. The following information must be disclosed: L List the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. Eoiscooal Ccmnunitv Services 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a 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. ~pp. at t ;:'!rhPii T. i st 'T. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ---1L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Fpi",Y1P"] Ccmn\mitv Services 5. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ---.X.. Jfyes, state which Councilmember(s): 'erson is defined as: "Any individual, finn, co-paJtnership, joint venture, association, social club, fraternal organization, corporation, state, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or odzer political subdivision, 'T any other group or combination acting as a unit. It NOTE: Attach additional pages as necessary) )ate: 00~ c\ WP51\COUNCIL\DISCLOSE.1Xrj Charles R. Keers Print or type name of contractor/applicant /~< ;:-_ / r} [Rev;scd, 11/30/901 / v--' '- (L,. EPISCOPAL COMMUNITY SERVICES BOARD OF DIRECTORS 1991-1992 IRVING W. PARKER, KSG SHIRLEY LYMAN G. WILLIAMS RUTHERFORD E. CLARE FRIEDMAN LINDA SENYSHYN PHILLIPS MONTROSS L. ANN BANNISTER TALMADGE O. BARTLEY RONALD P. BIRD WILLIAM R. BROUGHTON FRANK B. ENSIGN, JR. HAROLD P. FIELD ANTOINETTE HARRIS TALLY H. JARRETT GERALD G. LOEHR ANNE T. MARSHALL LESLIE E. MARSHALL HARRY MATHIS ELVI J. OLESEN ROBERT D. ORPHEY DONALD JOHN QUACKENBUSH / . ----I . / "n~: - / MICHAEL M. RAGGETI ROBERT T. REESE C. BOONE SADLER WARREN SANDS C. WARREN SPITZER STIRLING D. TOMKINS E. BERT VALENTINE ELIZABETH WALKER NELL FOSTER WALTZ SHIRLEY WILLIAMSON LENORA T. WITT //; L - /2 RESOLUTION NO. 1/:."115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYS & GIRLS CLUB OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoptio hereof in the minutes of the meeting at which the same is passe and adopte . Presented by ~~ Chris Salomone Community Development Director ruce M. Boogaard City Attorney WPC 4976H/4977H I&.F~ / /1'1 '2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF BOYS & GIRLS CLUB OF CHULA VISTA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Boys & Girls Club of Chu1a Vista, a non-profit organi zat ion ("Grantee"), and is made wi th reference to the following facts: jLE~lIAl~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chu1a Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chu1a Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedu1 e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- / ?,'?-3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Teen Outreach. The City shall compensate Grantee for said services up to a maximum amount not to exceed $9,000 (Nine Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and sha 11 not i ncl ude any anti ci pated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Boys & Girls Club of Chula Vista are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- / c5, ,f- i 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its di scret i on may requi re the Grantee to provide or allow the Ci ty to undertake a complete fi nanci a 1 and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Boys & Girls Club of Chula Vista, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram ReQui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng exceptions: a) The Grantee does not assume envi ronmenta 1 responsi bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. ProQram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Rel iaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- .---- ----- )rf)r~_S 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federa 1 Offi ci a 1 s. The Grantee sha 11 not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee uti 1 i zes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abil i ty and property damage insurance pol i ci es which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces requi red under thi s agreement the foll owi ng cert i fi cates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought agai nst the City, its offi cer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- I j; ;::-? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney BOYS & GIRLS CLUB OF CHULA VISTA BY: Il'. -......\.....:tt~ Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- /0;:-'7 EXHIBIT A STATEMENT OF WORK AND SCHEDULE The BOys & Girls Club of Chula vista helps build the self-esteem and self-confidence of young people and helps prepare them for a responsible and self-sufficient adulthood. This occurs through activities including homework help/tutoring, substance abuse prevention, specialized health education programs, fine arts, social recreation, and individual and team sports. This is aug- mented by several special interest group clubs and youth devel- opment programs. This grant will help fund our new Teen Outreach program. Teen Outreach is a program designed to build the self-confidence and self-esteem of teens at risk. The program provides teens with a place to go of their own which is safe, supervised, and conducts positive activities. The Boys & Girls Club initiated the Teen Outreach program at the Oleander center this past year and now would like to replicate the project at the L Street center. Though teens have access to club activities throughout the day, the building will be pro- grammed for teens exclusively from 6:30 p.m. - 8:30 p.m., Monday through Friday. Activities will include homework help/tutoring, leadership development, teen employment training, community ser- vice, social recreation, as well as pertinent teen issues includ- ing substance abuse prevention, staying in school, relationships, etc. CDBG funds will be used for personnel expenses to conduct these program activities. Teen Outreach will serve 200 unduplicated youth ages 13-18, 60% of which will be from low-income families. The program will start on July 1, 1992. Specific programming will be scheduled on a quarterly basis. From July 1 - June 30, at least 200 unduplicated teens will be served. Services will be delivered five days a week, Monday - Friday. ~r~ EXPENSES Salaries/Benefits Space Costs Materials & Supplies Total INCOME CDBG united Way contributions/Fundraising Program Income TOTAL BUDGET CDBG $6,500 $2,500 $9,000 $ 9,000 8,500 16,590 1,500 $35,590 J r;, f' / 1 EXHIBIT B OTHER FUNDS $19,154 5,636 1,800 $26,590 RESOLUTION NO. 11,111. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY SERVICE CENTER FOR DISABLED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a pri nci pa 1 goal of whi ch is to fund projects and servi ces which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Counc il does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and ado ion hereof in the minutes of the meeting at which the same is passed and ad ed. Presented by eL~ A , ,d 'J' ' bY.J) Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H {loG -lflto (,-2. f.. . AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF COMMUNITY SERVICE CENTER FOR DISABLED IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Community Service Center for Disabled, a non-profit organization ("Grantee"), and is made with reference to the following facts: B.E~IIA1~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefi t low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of thi s agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /' '> /& CT-~ 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUO Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the CSCD South. The City shall compensate Grantee for said services up to a maximum amount not to exceed $8,000 (Eight Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following recei pt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Community Service Center for Disabled are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- '/ /' L/ /{j)I.;;- 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Community Service Center for Disabled, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Requirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proqram ReQu i rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a} The Grantee does not assume envi ronmental responsi bil it i es descri bed at 24 CFR 570.604; b} The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountinq Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proqram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- r /" ) 6 u-~ 15. Drua-free Workolace.' The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci al s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage pl us $I, ODD, 000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primarY to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification Shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- It;, {:; - ? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney COMMUNITY SERVICE CENTER FOR DISABLED By:/2f;<<t~ ~ Exhibit list Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure StatementN or SCANN~.IJ WPC 4974H/4975H -5- /L {; -? , "' - CSCD The Community Service Center for the Disabled (619) 293-3500 1295 University Ave. . San Diego, CA 92103 · TDD 293.7757 FAX 293-3508 CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICES FUNDING FOR 1991-92 EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE The City of Chula Vista 1993 CDBG award of $8,000, joined with $2,000 of unallocated CSCD funds, will enable the agency to provide independent living services to at least 207 local residents with disabilities between July 1, 1992 and June 31, 1993. This will be an increase of 13.5%. An average of at least 17 Chula Vista residents will be served each month. Supported. in part, by . United Way/CHAD Campaign )&;& -y' Dedicated to Independent Living - CSCD (619) 293.3500 1295 University Ave. . San Diego, CA 92103 . TDD 293.7757 FAX 293-3508 The Community Service Center for the Disabled CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICES FUNDING FOR 1991-92 EXHIBIT B ITEMIZED BUDGET Total ChuIa Vista Other Service Provider 50% Salary & Fringe Benefits (20%) $10,000 $ 8,000 $ 2,000 Supported. in part, by . Unl~d WIly/CHAD Campaign ./ /' 0 /6. V '; Dedicated to Independent Living THE CITY OF CHULA VISTA PARlY DISCLOSURE STATEMENT < ~ement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters wuich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: L List the names of all persons having a financial interest In the contract, Le., contractor, subcontractor, material supplier. Community Service Center for the Disabled 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a 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. See attached list 4. Have you had more than :5250 worth of business trans:lcted with any member of the Cit'j st:lff, BO:lrds, Commissions, Committees :lnd Council within the past twelve months? Yes No ~ If yes, ple:lse indic:lte person(s): 5. Please identify each and every person., including any agents, employees, consultants or independent contractors who you have assigned to represent YOl! before the City in this matter. Patricia Yeaqer, Executive Director Terry Kn=, Independent Living Services Coordinnt-nr Carol August, Job Club Coordinator 6. Have you and/or your officers or agents, in the aggreg:lte, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No.-X... If yes, state which Councilrnember(s): Person is defmed as: "Any individua4 finn, co-paTrJurslzip, joint venture, association., social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate, this and any otha county, city and country. city, municipality, distn"ct or other political subdil'isioll, or any olher grOllp or combinatioll acting as a unit." Date: July 21,1992 I~ a~p-%' gnature of comtr emr/applicant ) r;; 6' -/ ~7 -'fOTE: Attach additional poges as necessary) Patricia Yeager Or_' .",,_ ,__....~.., "'.~._. ~,-.-~~,..., Print or type mme of contr:lct()r /:lpplicant Iltcvi:<>cJ: 11/30/90] ,. r CSCD BOARD OF DIRECTORS Officers Rev. 02/27/92 CHAIR Ron penksa . vice President, Investments Great Western Financial Securities 260 West Grand Avenue - work Escondido CA 92025 741-8319 work / 745-6029 fax 753-3073 home VICE-CHAIR Michael. King Construction Business Consultant Sierra General Const Corp. 463l. viewridge Ave Ste 200 - work San Diego CA 92123 974-7503 - work / 974-7511 fax TREASURER Burt Eaves Vice President & Manager San Diego Trust & savings Bank 23l. West Main Street - work El Cajon CA 92020-4584 441-7050 - work / 441-7032 fax SECRETARY Arlene Chapel. ( Manager, Human Resources Dept Sanyo North America Corp 2001 Sanyo Avenue - work San Diego CA 92173 661-1134 x509 - work/661-6795 fax - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - stephen Barnes . Asst. Vice President Student Affairs San Diego State university - work San Diego CA 92182 594-5211 - work / 594-5642 fax 464-5439 - home Jack Robertson"'- Teacher, Special Education in San Diego City Schools 3490 Argonne Street - home San Diego CA 92117 274-9822 x254 - work/483-4267 fax 483-9214 - home Chris crotty Political/Gov't Affairs Consultant 3560 First Avenue #11 - home San Diego CA 92103 291-0407 - work " - home Ray Uzeta Executive Director I ',Chicano Federation 610 22nd Street - work San Diego CA 92102 236-1228 - work / 236-8964 fax 276-9211 - home Members Bob Gonzales . Vice President Human Resources Area Manager Union Bank - work POBox 85642 San Diego CA 92138-9913 230-4380/Susan 230-4381 - work 230-3213 / Fax 484-4703 - home Anne Heller Assoc. Dean of Disabled Students S.D. Community College District 4610 Van Dyke Avenue - home San Diego CA 92116 584-6983 - work / 584-7313 fax 280-4691 - home (name & ph #) Arnold Fl.uster / Management Analyst 10449 Westchester Ave - home San Diego CA 92126-3340 553-4723 work/553-4402 fax 271-1028 - home Diane Ward ' CPA 6540 LuskBlvd, Ste 259 - work San Diego CA 92121 558-8840 work / 558-8965 fax 566-6843 - home J& G -J / 7 . . Joan McEntyre Accounting Executive ,Alexander & Alexander 9360 Town Center Drive - work San Diego CA 92121 552-2250 work I 552-2270 fax 689-4979 - home Royce Hamrick- 7960 Santa Arminta Avenue San Diego CA 92126 586-0417 - home LR:A1\boardmem.lst , , ; Robert Meissner 9522 Via Pereza - home , San Diego CA 92129 484-0054 home 223-2638 work (occasional #) 223-0231 fax (call work # first to alert that fax is on the way for Meissner) /b & ~/d- RESOLUTION NO. I b '711 RESOLUTION OF THE CITY COUNCIL OF THE" CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chu1a Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and ob1 igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City C1 erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chu1a Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Approved as to form by ~~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H !b!-l-J I "H"Z. \.. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SWEETWATER UNION HIGH SCHOOL DISTRICT IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the reference only, and effective as of the date last executed parties, between the City of Chula Vista ("City") herein, corporation of the State of Cal ifornia, and Sweetwater Union District, a non-profit organization ("Grantee"), and is made with the following facts: purposes of between the a municipal High School reference to Rf~lI8.b~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch will benefi t low and moderate- income Chula Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: I. Term of Aqreement. The term of thi s agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /l/I/3 '-. \ 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensation and Budoet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the New Chance Childcare Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,000 (Five Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses i temi zed on the "Expense Reimbursement Cl aim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provi de the Ci ty with a quarterly report, submi tted no 1 ater than 40 days after the 1 ast day of the previous quarter, which incl udes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assionment. The services of Sweetwater Union High School District are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /&;1/ -1( '- 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Sweetwater Union High School District, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng except ions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-I22 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- //cr) -"-S , 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage pl us $1 ,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /ti/j-0 , , 1 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chu1a Vista ATTEST: City C1 erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SWEETWATER UNION HIGH SCHOOL DISTRICT ~~o. 8-~-'1~ Exhibit List Exhi bit A. Exhi bit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure StatementNOTSCANNED WPC 4974H/4975H -5- /6)/-7 EXHIBIT A Statement of Work CDBG Funds for Sweetwater Union High School District, Division of Adult and Continuing Education, Childcare Program, 1992-1993 Description The Sweet:water Union High School District has recently opted to eliminate the rental units which housed the childcare program at the time our grant application was submitted, thereby eliminating the rental cost which we originally sought to partially offset with CDBG funds. Instead, we wish to use these funds toward the cost of salary for three children's center permit teachers and five children center permit teacher aides during the months of July and August, 1992. The total salary/benefits for this time period is $17,817.00. The population being service in this childcare facility are ei ther the chi Idren of young welfare mothers enrolled in New Chance, or the children of mothers enrolled in the Pregnant Minor program. The children are commingled at site, with the majority being recipients of AFDC (Aid to Families with Dependent Children) referred to us by the Department of Social Services. Sweetwater provides free breakfast, snack, and lunch for children 10 months old and over (age range in center is 2 months to 5 years) . Schedule The children's center opened for summer sess~on on June 29, 1992, and will operate through August 12, 1992. This calendar corresponds with master schedule of the Chula Vista Adult School where the children's mothers must be enrolled as students. The hours of operation are Monday-Thursday from 7:00 a.m.-2:00 p.m. Because of the mothers economic situation, there are no fees. Budqet See attached / {~II-'(( (ZJ Program 507 Line OT BUDGET # 1101. 00 1102.00 2101.00 2102.00 3000.00 4310.00 5540.00 5570.00 5610.00 SWEETWATER UNION HIGH SCHOOL DISTRICT DIVISION OF ADULT EDUCATION EXHIBIT B Childcare Program 1992 PROPOSED SUMMER BUDGET SUHSD (Adult Ed. General Fund) NAME PROPOSED BUDGET Teachers Regular Teachers Substitutes paraprofessionals Regular Paraprofessionals Substitutes Benefits Classroom Supplies Telephone Pest control Rental of Facilities $ 6,257 346 7,729 327 1,504 300 120 120 1,600 $ 20,503 =========== *3 Permit Teachers 27 days (16days/7hrs) (11 days/5hrs) **5 Instructional Assistants (16days/6.5hrs) (11days/4.5hrs) ***1 sick leave day per employee ;i:Mt-- l ' ~tJ Le/<- g~R~ r 'I ''j/Jerv C'V./tNGC- /e' 7 : . / " l-q9-- 3,,3 ~~) //; )-/ -9 @ THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters '",hich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies, The following information must be disclosed: 1. List the names of all persons having a financial interest III the contract, Le" contractor, subcontractor, material supplier. Sweetwater Union Biah School District 2, If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership, - 0 - 3, If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trusL Lita David Nick Aguilar Lorenzo Provencio Jim Cartmill Ruth Chapman Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Linda G. Taylor 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No _ If yes, state which Councilmember( s): maybe-see attached Person is dermed as: "Any individual, finn, co-paltnership, joint venture, association, social club, fraternal organization, corporatioll, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." Signature of B.A. Dra tra~tor/applicant A.:t4..,;fa, ~. . n/Llnda Taylor 1'-,:L/-? ......,;> (NOTE: Attach additional pages as necessary) Date: August 4, 1992 [e\ WP51\COUNctL\DISCLOSETXT] Print or type name of contractor/applicant ) b /-1 / (? IRe..;sed 11(30(901 6) Maybe for the purpose of disclosure only. If employees of the Sweetwater Union High School District, may be considered "agents" or officers as the term is used on the disclosure form, they have, to our collective knowledge, given more than $1,000, in the aggregate, in contributions to Jerry Rindone's campaign. However, to my knowledge, there was no coordinated contribution program by which each of these contributors made contributions, therefore, any individual who may also be considered an agent or officer of Sweetwater Union High School District in this context, and may also have contributed to Mr. Rindone's campaign, did so as a private ci tizen without regard to his or her position or employment in the district. /6t)~JI ~ RESOLUTION NO. )611 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YWCA OF SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City part i c i pates in the Commun i ty Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The Ci ty Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passage and adopt i ereof in the minutes of the meeting at which the same is passed and adopt Presented by ~ ~~ Chris Salomone Community Development Director Bruce M. Boogaarij City Attorney WPC 4976H/4977H /I..t.-l/U,I-Z. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YWCA OF SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made thi s July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and YWCA of San Diego County, a non-profit organization ("Grantee"), and is made with reference to the following facts: Rf.c.lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefi t low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 3D, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /~f~J ~' 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Men's Counseling Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,000 (Five Thousand Dollars). An itemized budget for said expenses is in Exhi bit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred duri ng the period speci fied on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the 1 ast day of the previ ous quarter, which i ncl udes a bri ef narrative of the servi ces provi ded and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of YWCA of San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- )IPJ.Lj 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YWCA of San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Admi ni strat i ve Reaui rements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulatians described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circul ar A-122 "Cost Principles far Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds sha 11 be reported to the City and shall only be used by Grantee far the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious OrQanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prahibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ~ ---- / tb.J - s 15. Druq-free WorkDlace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abil ity and property damage insurance pol i ci es whi ch thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services requi red under thi s agreement the fo 11 owi ng cert ifi cates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and whi ch treats the employees of the Ci ty in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole wi llful conduct of the City, its offi cers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. SusDension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- / t,J ~ t? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YWCA OF SAN DIEGO COUNTY BY, ~J l1a~ Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOTSCA]\T1\mry, City of Chul a Vi sta Party Di scl osure Statement NOT SCANNED WPC 4974H/4975H -5- /&;7 -; Exhibit A YWCA OF SAN DIEGO COUNTY BATTERED WOMEN'S SERVICES STATEMENT OF WORK AND PERFORMANCE SCHEDULE The YWCA/BWS Men's Counseling service will hold two management counseling groups for court referred clients. groups will be held on Monday and Wednesday nights at the vista Boys and Girls Clubs, 1301 Oleander. anger These Chula Both groups will be conducted in spanish by Jesus Espinoza, MA, a skilled facilitator with extensive experience in domestic violence counseling and a particular expertise in working with the Latino family. Groups combine psycho-educational techniques utilizing written and visual materials in Spanish and group therapy. July 1992 By Mid-July both groups will be underway. July 1992-June 1993 Groups will be held each week (with the exception of the Christmas holiday). New members will continue to be assigned to the group with the optimum membership of 12 men. Clinical supervision will be provided by our Director of Men's Counseling, Lucille Boxell, MA; and overall program supervision will be provided by Cordelia Ryan, Director of Battered Women's Services. /t~J/6 Exhibit B YWCA OF SAN DIEGO COUNTY BATTERED WOMEN'S SERVICES ITEMIZED BUDGET Salaries/Benefits: CDBG $2652 OTHER FUNDS $1357 Rent: 1248 utilities: 100 100 Equipment/Supplies: 800 200 Travel: 300 Printing: 200 Postage: 100 100 Insurance: 250 Subtotals: $5000 $2307 TOTAL: $7307 It ;-; EXHIBIT C ~ San Diego . ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 8 Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41.300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: ...1'20293021 r(-'V ""'_ ~9" t. /~ I;: tj) f?! JUN 1992 ~ ~~ Received ~ ~ Community Development OJ c-\ Department (0 q. C' 6} ,," '-..f' 1," .~tGISLvt~\ MEMBER AGENCIES: Cities of Carlsba~; Chuta Vista.. Coronado. Del Mar. EI cajo~;;fL ;S!oedO. Imperial Beach, La Mesa.", ~,.'.,~. Lemon Grove, National City, Oceanside, Poway.-San Oiego,;San Marcos. Santee,'Solana_Beach; Vista-and COunty of San Oiego_.''''.1'!,,:ir';;,ri/,~"l'('_:''' ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. - Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters ,hich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. YWCA of San Diego County 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . NONE 3. If any person identified pursuant to (1) above is non-profit organization or a 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. See Attached List ... Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ---X If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Janie Davis. Executive Director Cordelia Ryan, Director, Battered Women's Services 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember( s): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Dilte: ,Tuly 22, 1992 6 [C;\ WP51\COUNCIL\DISCLOSE.TXT] Janie Davis, Executive Director Print or type name of contractor/applicant /'".1' // [Re.;sed 11/3D/9D] BOARD OF DIRECTORS YWCA OF SAN DIEGO COUNTY ROSTER APRIL 1992 NAME ELVIA AGUILAR ADDRESS 256 CORALWOOD CHULA VISTA, CA 91910 SOPHIE L. ALDRICH 4295 FIFTH AVENUE SAN DIEGO, CA 92103 CLARA BAITY 9439 #01 GOLD COAST DR. SAN DIEGO, CA 92126 CAROL BROWN 4490 FANUEL STREET SAN DIEGO, CA 92109 SELTZER, CAPLAN & McMAHON 750 B STREET, 21ST FLOOR SAN DIEGO, CA 92101 JANICE BROWN LINDA CHESTNUT FINANCE CHAIR 11030 FORESTVIEW LANE SAN DIEGO, CA 92131 CHER CONNER DEVELOPMENT CHAIR 1299 PROSPECT LA JOLLA, CA 92037 CHAR DEMOTTE 6070 CARDENO LA JOLLA, CA 92037 LOLA J. HOBBS (*E) 6683 HILLGROVE DR. PROGRAM CHAIR SAN DIEGO, CA 92120 JEANNE HUNSAKER (*E) 1637 VISTA VEREDA 1ST VICE PRESIDENT EL CAJON, CA 92019 JANET MARLBOROUGH 12760 HIGH BLUFFS DR. (LEAVE OF ABSENCE) SUITE 380 SAN DIEGO, CA 92130 JOAN MARTIN (*E) CAMPAIGN CHAIR C/O CALL DOCTOR, INC. 2924 EMERSON ST., STE. 300 SAN DIEGO, CA 92106 TERM 1/93 1/93 1/92 1/92 1/94 1/94 1/94 1/92 1/92 1/93 1/92 2/93 / j,J> /c2 PHONE H 422-3462 W 260-7160 H 688-9806 W 543-8193 H 271-8448 W 258-3030 H 488-1101 W 488-7121 , H 497-1707 W 685-3003 F 685-3100 H 578-3531 W 549-7522 H 454-8714 W 459-0501 F 459-3275 H 454-6496 H 463-4571 W 338-2883 F 338-2876 H 579-6025 H 754-9411 W 259-8999 ~ H 226-8863 W 222-8745 F 222-2654 3701 HAWK STREET SAN DIEGO, CA 92103 JULIE SHAKE (*E) 3636 ARIZONA ST. TREASURER SAN DIEGO, CA 92104 NAME JACKIE MONTAGUE (*E) 2ND VICE PRESIDENT Y;;UPHEMIA NG ~ ~~((Y J~ ~ ASHLEY PHILLIPS (LEAVE OF ABSENCE) JANE PHILLIPS ,. PEGGY PRICE (*E) SECRETARY DORIS RAMSEY JULIA E. RUCKER BARBARA SCOTT (*E) ADDRESS TERM 8557 HUDSON DRIVE 1/92 SAN DIEGO, CA 92119 11078 AVENIDA PLAYA VERACRUZ 1/92 SAN DIEGO, CA 92124 2850 SIXTH AVENUE #311 1/92 SAN DIEGO, CA 92103 7960 SEVAN COURT SAN DIEGO, CA 92123 1/92 900 ALAMEDA BLVD. CORONADO, CA 92118 2/93 4063 THE HILL ROAD BONITA, CA 91902 1/92 9350 HOLLYHOCK ROAD SPRING VALLEY, CA 91977 1/93 1/92 1/94 ELLEN STANBROUGH 4070-19 PORTE LA PAZ SAN DIEGO, CA 92122 1/94 CYNTHIA STUENKEL, MD 6376 CASTEJON DRIVE LA JOLLA, CA 92037 1/94 SUZANNE SWIFT 7163 CAMINO DEGRAZIA #114 SAN DIEGO, CA 92111 1/92 MARY LOU WASHATKA(*E) 6283 LAKEWOOD STREET PRESIDENT SAN DIEGO, CA 92122 SHEILA WASHINGTON MARY J. WOOD <*E) 1/92 WASHINGTON ENTERPRISES -225 BROADWAY SAN DIEGO, CA 92101 1/94 PHONE H 462-2175 W 465-3234 ~) P.O. BOX 1831 SAN DIEGO, CA 92112 1/93 H 467-1073 W 235-4282 H 756-3574 W 298-9352 F 298-3406 H 571-7328 H 435-2358 H 475-5597 H 463-8395 W 464-6426 F 464-5377 H 293-0235 W 767-3451 ~ , H 692-9273 H 455-0194 W 691-2909 W 456-2874 F 456-2658 H 576-2463 W 565-2515 C 980-2845 F 571-3798 H 546-8250 H 238-4313 W 237-0559 F 237-0521 H 452-9717 W 699-5013 *E EXECUTIVE COMMITTEE MEMBER (H - HOMEj W - WORKj C - CARj F - FAX) .J (PHONE NUMBERS IN BOLD ARE THE PREFERRED NUMBER TO CALL) ;67-/J RESOLUTION NO. It.. 11 q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vi sta held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION 1. The Ci ty Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION Ill. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of origi Resolutions said City; and shall make a mi nute of the passage and ado tin hereof in the minutes of the meeting at which the same is p d a1nd ad te. Presented by Ap ro ed as f r by (O~~ ~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney WPC 4976H/4977H li."S -//"_1'; " AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METROPOLITAN SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal Hornia, and YMCA of Metropol itan San Die90 County, a non-profit organization ("Grantee"), and is made with reference to the following facts: RIJ;.II81~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefit low and moderate- income Chul a Vi sta households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng those certai n servi ces for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. ~PC 4974H/4975H -I- I &1- '-I 3. Low Income Reouirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budqet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the YMCA Family Stress Center. The City shall compensate Grantee for said services up to a maximum amount not to exceed $20,000 (Twenty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payro 11 s, etc. as sha 11 provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the last day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assiqnment. The services of YMCA of Metropolitan San Diego County are personal to that organi zat ion. The Performance of thi s agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- ) (; ~_5 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee.. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sections of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 responsi bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. ~PC 4974H/4975H -3- I b J/ to 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvinq of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the a forement i oned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abi 1 i ty and property damage insurance pol ici es which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general publ ic ("cross-l iabil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- )& J-- 7 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA OF METROPOLITAN SAN DIEGO COUNTY BY: L.;L//./~ Richard A. Collato President & CEO Exhibit List Exhi bit A. Exhibit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- /hJ~~ EXHIBIT A CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT YMCA Family Stress Center STATEMENT OF WORK FOR 1992-93 1. Description The CDBG funds will be used towards the personnel costs of staff of the Child Abuse Treatment Services (CATS) program. CATS staff will provide individual, family and group counseling services for a minimum of 375 Chula vista residents (children and adults) who are dealing with the issues of child physical, sexual and emotional abuse. Services will be provided at our main location of 571 Third Avenue, Chula Vista, 91910, and at satellite locations in the South Bay area (generally donated space in public schools or community churches.) 2. Schedule Section Due to the long term nature of treatment for child sexual abuse, which constitutes approximately eighty per cent of the total service delivery at Family Stress Center, there are a number of cases which are carried over to the next fiscal year. In light of this, it is anticipated that the number of "new" clients will be largest in the first quarter. The estimated schedule is as follows: Cumulative number of individuals seen by: End of first quarter: 225 End of second quarter: 300 End of third quarter: 350 End of fourth quarter: 375 3. Budget - See attached. /0f-9 CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT YMCA Family Stress Center Budget For 1992-93 Gross Salary FICA Unemployment Workers' Compensation Retirement Medical $16,840.00 $1,287.00 $70.00 $674.00 $878.00 $251.00 TOTAL: $20,000.00 ~ ' /c?j- /0 EXHIBIT B EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (819)595-5300 Fax (819)595-5305 TO: Housing Department Staff and Interested Persons Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) FROM: SUBJECT: liUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 /tf-/I .....-1.1<2' 2S1 2G .2~- ('1(.-:/" """" f,f.l?' JU;1992 <\ (~N_l Received ::;1 ~, Community Development 0:'/ C', Department !!;" / 0, " '"a <) ,'i'r::"":' "....." ". '. ,1; ", e' '"' 't,. .........-- ~....:l.. II'" Don Crow (916) 323-3175 FAX (916) 323-6625 MEMBER AGENCIES: Cities of Carlsbad,. Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa. Lemon Grove, National City, Oceanside, Poway. San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters vhich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. YMCA OFFICERS AND DIRECTORS (see attached list) 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . None 3. If any person identified pursuant to (1) above is non-profit organization or a 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. YMCA OFFICERS AND DIRECTORS (see attached list) Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No --1L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Gail N. Edwards 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No.1L. rfyes, state which Councilmember( s): Person is defined as: "Any individua4 finn, co-plll1nership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: ~"'/9"- Si~:;; ~C~/apPlicant Richard A. Collato, President & CEO Print or type name of contractor/applicant / t ,.7-/;J., [Revi,ed 11(30(90J IC:\ WP51\COUNClL\DISCLOSE. TXT] ROBERT E. ADELlZZI PreSident HomeFed Bank RICHARD C. BIGELOW Managing Partner Arthur Andersen Company DIRK BROEKEMA, JR. YMCA Vice Chairman President Bowest Corporation ANN BURR YMCA Vice Chairwoman President Southwestern Cable TV PAUL BUSS Executive Vice President Oliver McMillan MILTON R. CHEVERTON Chairman of the Board Cheverton & Associates TERRY CHURCHILL Area Vice President Pacific Bell VINCENT R. CIRUZZI YMCA Treasurer President & CEO San Diego Spans Arena FREDERICK W. CLOSE, M.D. Orthopedic Surgeon RICHARD A. COLLATO President & CEO 'YMCA of San Diego County STEVE CONNER YMCA Board of Governors Chairman Real Estate Investments JAMES M. COWLEY YMCA Vice Chairman Partner Latham & Watkins SID CRAIG Chairman Jenny Craig Weight Loss Centre NEIL DEAROUGH President & General Manager KNSO Channel 39 RON L. FOWLER President Mesa Distributing YMCA OFFICC:RS AND DIRECTORS RICHARD J. FREEMAN President San Diego Padres Baseball Club HARRY O. FRELS Real Estate Broker LYLE GABRIELSON President Rick Engineering Company ROBERT H. GOLDSMITH President & CEO Rohr Industries. Inc. CLIFFORD W. GRAVES YMCA Secretary President Grigsby, Graves WARNER L. HARRAH Senior Vice President & Manager Ticor Title Insurance KARLA E. HERTZOG President TOPS Total Personnel Service NORMAN HICKEY Chief Administrative Officer San Diego County ROY C. HOUTZ Vice PreSident & Manager First Interstate Bank of C2J;fornla MURRAY H. HUTCHINSON Chairman of the Board IT Corporation PAT HYNDMAN President The Executive Commlltee GORDON M. JOHNS Par1ner Deloltle & Touche HUBERT L. KALTENBACH Vice Chairman Copley Newspapers JAMES G. KENDRICK PreSident & Cl~alrman (retlreOl WT Grant Company AL KERCHEVAL PreSident Kercheval Engineers DAVID E. LLOYD Presloent Bay City Marine JACK McGRORY City Manager City of San Diego ROBERT B. McLEOD YMCA Vice Chairman PreSident Newland Group. inc RICHARD L MANNING Vice President. Public Relations San Diego Gas & Electnc JOSEPH MARTINEZ President Martinez. Cutri & McArdle RICHARD W. MEADS Chairman & CEO Knoth & Meads Company BRUCE N. MOORE Execullve Panner Barney & Barney ii'lsurance JOSIAH l. NEEPER Chairman of the 5oaro Gray. Cary. Ames 3. Frye THOMAS F. NOON PreSident Shea Homes OSCAR PADILLA YMCA Vice Ch2.,~.""'an President Oscar Padilla Insvance THOMAS PAYZANT Superintendent San Diego Unl:iE<J City Schools RAYMOND W. PEIRCE Infernallonal Mar.agemenl Consultant ALAN R. PERRY YMCA Assistant Secretary Attorney Musick. Peeler (, Garrett DAVID J. PRIMUTH Chairman & CEO JWP West PAUL R. PULLIAM Pastor First Presbyterian Church JAMES H. REED Senior V,ce Pres!cent (retired) AO Reed & COr:"oany PAUL K. RICHEY YMCA Chairman of the Board PreSident PKR Associates 16,}--/3 9/j'J2- SYLVIA RIOS PreSident First Security Mortgage DONALD ROON YMCA Immediate Past Chairman PreSident The Roon Foundation MARGE ROULETTE Director WD.40 and SCrippS Clinic ROBERT SCHACK Senior Vice President Secl,H1ty Pacific National Bank JAMES A. SIMPSON YMCA Vice Chairman President Trade Service Corporation HAROLD B. STARKEY Senior Executive Vice Preslden, Coast Savings & Loan ROBERT A. T JOSVOLD Senior Vice President Bank of America ROBERT E. TOWNSEND PreSident Townsend Lincoln Mercury GILBERT VASQUEZ Presloent Industrial Data Link Corporation ROBERT WATKINS Managing Director Russell Reynolds AssoCIates DOUGLAS P. WILSON PreSident Caner/Wilson WALTER J. ZABLE YMCA Vice Chairman Chairman of the Board & CEO CubiC Corporation PAUL A. ZECOS Management Consultant RESOLUTION NO. (b1tO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a pri nci pal goal of whi ch is to fund projects and servi ces which will benefit low income Chu1a Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Counci 1 does hereby approve the Agreement known as Document Number C092'_, a copy of which is on file in the office of the City C1 erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the pass e and adop . on hereof in the minutes of the meeting at which the same is s ed and ado t d. Presented by Ap r ed as ~ f ~ ~o I~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney WPC 4976H/4977H I leI< -1/ 16t-2, - ;< -~ t AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METROPOLIT1Ut SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporation of the State of California, and YMCA of HetrepolitaR San Diego County, a non-profit organi zat i on ("Grantee"), and is made wi th reference to the following facts: R~~lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch will benefi t low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement sett i n9 out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- It!( -) 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Compensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the South Bay Family YMCA Childcare Program. The City shall compensate Grantee for said services up to a maximum amount not to exceed $15,000 (Fifteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred duri ng the peri od speci fi ed on sa id form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reports. The Grantee shall provide the City wi th a quarterly report, submitted no 1 ater than 40 days after the last day of the previous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemi zed account i ng of the expendi tures of CDBG funds duri ng the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. . 7. Assianment. The services of YMCA of Metropolitan San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- / t /( -II . 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a compl ete fi nanci a 1 and program audi t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, sha 11 represent the City in all matters perta i ni ng to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl i cabl e uni form admi ni strat i ve requi rements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume respons i bil ity for i ni t i at i ng the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- / d) /{ -._S .' 15. DruQ-free WorkDlace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modi fi cat ion of any Federa 1 contract, grant, loan, or cooperat i ve agreement. I f Grantee utili zes any other funds for any of the aforement i oned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general publ i c ("cross- 1 i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. SusDensi on and Termi nat i on. In accordance with HUD regulat i on 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /6/( -0 ,", 'w' 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of COBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Cl erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney COUNTY YMCA OF j4[lR6~l'lLlTArj SAN DIEGO ~ov "fJ BY: f~J () ~ L'Lr I I ~/v'f- 72-- Exh i bit Li st Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget Exhibit C. HUO Income Limits (Revi sed May 1992) NOT SCANNED Exhibit D. City of Chula Vi sta Party Di scl osure Statement NOT SCAl\7'iED WPC 4974H/4975H -5- )0)("1 Exhibit A SOUTH BAY FAMILY YMCA STATEMENT OF WORK & PERFORMANCE SCHEDULE CHILD CARE PROGRAMS The Sunshine Company is a state licensed, National YMCA child care program offered by the South Bay Family YMCA. The program provide's child care for children in Kindergarten through sixth grade. No child shall be turned away from the program because of race, sex, color, nationality, age or handicap. Each child is treated equally. There is no segregation or any discrimination against any child. CDBG funds will be used to provide YMCA Sunshine Company Child Care to low income families residing in the community. Funds will cover the cost of supplies and equipment such as: books, games, sports equipment, first aid supplies, craft and science projects, nutritional snacks; as well as staff wages, benefits, insurance, and other necessary operational costs. YMCA Sunshine Company childcare sites will operate during the school year on a daily basis when school is in session. The after school sites: Feaster, Vista Square, and Harborside open upon school dismissal and continue providing care until 6:00 p.m. The all day site: Harborside opens at 6:30 a.m. and continues operation until 6:00 p.m. In addition, the YMCA provides transportation to children at Otay & Montgomery Schools. They are bused to the Harborside Site. ) bl; );/ Salaries & Benefits Food/Snack Supplies Equipment & Supplies South Bay Family YMCA Childcare Program Itemized Budget Vehicles (youth bus) (lease, insurance, gas & maintenance) Training, workshops, and conferences Total CDBG Budget $11,700 1,000 600 1,500 200 $15,000 //;'/('7 Exhibit B EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 ,I' TO: Housing Department Staff and Interested Persons Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) FROM: SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEG 0 Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41.300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 \ .-' /<~---:--:?~ /;..-::~,-' " "..~,\ 1/" ~ \0 , /~. "'.\ ,If . JUN 1992 ~;, \ ::;1 c.;,/ :c.! " ,,0 " ~u" SL;~i..~\' Received C(lmmunity Development Department Don Crow (916) 323-3175 FAX (916) 323-6625 \ r: ,. \'0 ,,-.::,,. \.....p \-/~ ,.c-..' It MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Co. !;gnado. Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach. La Mesa, Lemon Grove. National City, Oceanside, Poway, San Di~o,San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California DepartmenFbf Transportation. U.S. Department of Defense and Tijuana/Baja California. J0K- J{! RESOLUTION NO. 1(."..,~1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANO YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Counci 1 does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of origi 1 Resolutions said City; and shall make a minute of the passa e and ad t on hereof in the minutes of the meeting at which the same is s d an ad p ed. "y.y Presented by Bruce M. Boogaard City Attorney ) ~~~ Chris Salomone Community Development Director WPC 4976K/4977K I bL -) I J' L -2,. .'. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METROPOLITAN SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and YMCA of Hd.epelitaR San Diego County, a non-profit organization ("Grantee"), and is made with reference to the following facts: BI~lI1H.~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng th.ose certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of this agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- J~l' J ~, ,- 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and BudQet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the South Bay Family YMCA Summer Day Camp. The City shall compensate Grantee for said services up to a maximum amount not to exceed $6,000 (Six Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and sha 11 not i ncl ude any anti ci pated costs. Grantee shall attach documentat i on, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemi zed accounting of the expenditures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethni ci ty accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. AssiQnment. The services of YMCA of Metropolitan San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- kf;;1( / de? 1 -.J-/ ~ ., .. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud it of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee, 10. Uniform Administrative Reauirements. The Grantee shall comply with the app 1 i cabl e uniform admi ni strat i ve requi rements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other ProQram Reaui rements. The Grantee shall carry out each act i vi ty specifi ed under thi s agreement wi th all Federal laws and regul at ions described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. AccountinQ Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. ProQram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for ReliQious OrQanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- / J,j-S , . 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, .renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut i 1 i zes any other funds for any of the aforement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic . 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provi de, pri or to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole neg1 igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng aga i nst such c1 aims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /61-c; " . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts recei vab 1 e attri butabl e to the use of CDBG funds, i ncl udi ng any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed this Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA OF METR9P9lITAN SAN DIEGO COUNTY BY, /.LJrf/.at;LLr r'p-,h ~ Exhibit List Exhi bit A. Exhibit B. Exhibit C. Exhi bit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chul a Vi sta Party Di scl osure Statement NOT SCANNED WPC 4974H/4975H -5- /~l- ? Exhibit A SOUTH BA Y FAMILY YMCA Summer Day Camp Statement of Work and Performance Schedule The YMCA Summer Day Camp provides a safe, supportive, stimulating, age appropriate program for all campers. No child shali be discriminated against because of race, sex, color, nationality, age or handicap. Each child will be treated equally. There will be no physical segregation nor any discrimination against any child. Children served will primarily be those who need all day superVIsIOn while parents are working or attending school. The YMCA Day Camp is designed to serve boys and girls entering kindergarten through 8th grade. We also have a Counselor-In-Training program for youths entering 9th through 12th grades which provides training and develops leadership skills. CDBG funds will be used to provide Summer Day Camp services Monday through Friday, 6:30 a.m. to 6:00 p.m. to low income families residing in the community. Funds will be used for supplies and equipment such as books, games, craft supplies, sports equipment, first aid supplies, science projects, and nutritional snacks; as well as educational and fun field trips, staff wages, benefits and insurance, and other necessary operational costs. Summer Day Camp begins June 18, 1992 and continues through the entire summer break. Camp ends on September 11, 1992. )J;L -/5 Salaries & Benefits Equipment & Supplies Activities/Field Trips Tran s portation South Bay Family YMCA Summer Day Camp Total CDBG Budget Itemized Budget $1,000 1,500 2,500 1,000 $6,000 Jt'L - / Exhibit B EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: income LimIts Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 --~'~- <~.',' , . >:j~ .. - .'. T- \---\ \.r~: \ , JUfl1992 ~:\ Don Crow (916) 323-3175 FAX (916) 323-6625 ,. i \~~, Received C(lmmunity Development Department (.. 1 \':" .....;! C:.! 'c / "'I ,0/ Vi ""v" . ~j~:;/\..~" .~ MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Cor,9nado. Del Mar, El Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos. Santee. Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation. U.S. Department of Defense and Tijuana/Baja California. / i-,L -/0 RESOLUTION NO. ] I.,,"n;l... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF METROPOLITAN SAN DIEGO COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services requ i red of Grantee with in the time frames here in prov i ded all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and ad tion hereof in the minutes of the meeting at which the same is passed and aped. Presented by ~~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H IbM.-(JII,H~L ~ ,~ AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF YMCA OF METlWPOLHA#- SAN DIEGO COUNTY IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporation of the State of California, and YMCA of Met."opolitan San Diego County, a non-profit organi zat ion ("Grantee"), and is made with reference to the following facts: RLC.lI81.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefit low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement sett i ng out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of th is agreement sha 11 be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- , , .--, II/\/J,-( /{j/f / -.../ , , 3. Low Income Reouirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budoet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Human Services Council Resource Development. The City shall compensate Grantee for said services up to a maximum amount not to exceed $20,000 (Twenty Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following recei pt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bi 11 s, payroll s, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assionment. The services of YMCA of Metropolitan San Diego County are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- ) 0!j-1/ , , 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud it of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shaH represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of YMCA of Metropolitan San Diego County, or his/her designated representative, shall represent the Grantee i n all matters perta i ni ng to the servi ces rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee~ 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sections of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ) ;j, ,"i /J/ r . 1 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under thi s agreement to pay any person for i nfl uenci ng or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, ,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut il i zes any other funds for any of the aforement ioned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agehts, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974K/4975K -4- // 1'/" & //' I .-- V'. . 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney YMCA OF flClR8P8LlTAN SAN DIEGO COUNTY BY: ~.JtI~t/~~~t!../" , . r/zr/'f)./ Exhibit List Exhibit A. Exhibit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement~()Jr SCANNED WPC 4974H/4975H -5- / j,/') - 7 Exhibit A SOUTH BA Y FAMILY YMCA Human Services Council - Resource Development Statement of Work and Performance Schedule The goals of the Human Service Council are to provide a forum for all human service agencies operating in Chula Vista, to identify and define unmet needs in the community, to coordinate efforts of various agencies to address unmet needs, to advocate for Chula Vista to assure it receives its fair share of funding, to conduct special studies to keep City, County, United Way and other agencies informed on human service needs, to discuss opportunities to share information and resources, and to seek outside funding opportunities. The activities of the CVHSC have grown to such an extent that there is tremendous need for a resource development person to help coordinate and continue all current activity. CDBG funds will be used to allow the Chula Vista Human Services Council to hire an experienced staff person who is familiar with the needs in the South Bay to work in a resource development position. The person will report to the Human Services Council, specifically the Chair, Pamela Smith. The accounting and payroll for this position is provided by the South Bay Family YMCA. The CDBG funds will be used for a staff person to be hired for a period of one year beginning on July I, 1992 and ending June 30, 1993. The staff person will work an average of 20 hours per week. /617 -y Exhibit B South Bay Family YMCA Human Services Council - Resource Development Itemized Budget Salaries & Benefits $14,400 RentlUtilities In Kind Equipment & Supplies 2,600 Mileage 500 Printing 2,000 Training 500 Total CDBG Budget $20,000 / &,0 ~lj EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: Hun News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: /-::-~\ /'f',,:)r~r'." ...." ~ - /.',., 6. ,'. I(~:~ T "'.... lv' ~ If JUN 1992 ~, \ \ C:;, Received ~ ) \ ~, Ccomrnul1ity Development 0:' I '~r:" Department (~.' Q. 0' CC" ...~ ,<: f:'~ ",'" v, ,1; ("'Cl~'\.\';> '-........ v " MEMBER AGENCIES: Cities of CarISba~, Chula Vista, iftadO' Del Mar, EI cajon~n~n:.zE:!on~, Imperial Beach, La Mesa, Lemon Grove, National City10ceanside. Poway, SanD 0, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Departmen of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 E"xt..it,jT ~ ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1~92 Suite 800, First Interstate Plaza 401 B Street San Diego. California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJHCf: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: nl'2'3 29 302'" n('"]v I"" <{9';- ~ '~ r-?'; t~ 21. JUN 1992 .' ~ Received ~ Community Development c-\ Department ~ 0- 0- ,," ~t .elm S L v~ ,,\" i." )~/i//// . MEMBER AGENCIES: Cities of Carlsbad; Chula Vista; Coronadot,Del Mar.'_EI Cajon, Encinitas, Escondida. Imperial Beach; La Mesa, Lemon Grove. National City, Oceanside. Poway, San Diego,:San Marcos, Santee. Solana-.Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defen!':F! l'Inrl Tiilll'lnl'l/R:o:i:o: 1:::>lif.-v....i::> Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, Le., contractor, subcontractor, fuaterial supplier. Lutheran Social Services of Sou~hern California, Board of Directors 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership_ -None 3. If any person identified pursuant to (1) above is non-profit organization or a 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. See attached list 4. Have you had more than $250 worth of business transacted with any member of the Cit'j staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Judith Johnson, Director of Emergency Services 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s ): Person is defined as: "Any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, tmst, receiver, syndicate, this and any other county, city and country, city, municipality, distn-ct or other political subdi\1ision, or allY other group or combination acting as a unit." lte: July 22, 1992 ~ON~ L Sigri'ature of c.;-htractor / applicant J~/l/ -/d- (NOTE: Attach additional pages as necessary) [C\ WPS1\COUNClL \DlSCLOSE.TXT] Gary L. Wheeler, CEO Print or type name of contractor/applicant [Rcv;scdc 11/30/901 4 Number of Scheduled Board Meetings/Year *PLEASE IDENTIFY OFFICERS* NAt1E FORM I BOARD OF uIRECTORS (Roster) GENDER ETHNICITY Borgny Baird I. C;\;en Bergh Ronuld Carlson John Donovan Kenne th Eggers Janice Harmon Theodore Hartman Gary Hunstad Nancy Jackson Sheila James ~ ~Andrew Jensen " \ '- (~patrick Jow Donald Lazerus p Caucasian F Caucasian M Caucasian M Caucasian M Caucasian F African Al1ll2r M Caucasian M Cap.casian F Caucasian F Caucasian M Caucasian M Asian M Caucasian CERTIFICATION APPLICATION FORMS\ROSTER.FTL TERM EXPIRES Page One of Two Date of Annual Board, Meeting PROFESSIONAL TITLE BUSINESS NAME;' ADDRESS/ PHONE Attorney (Ret) (Horne) 4221 Chestnut, Long Beach, CA 90807 (:JI0) 427-9622 Homemaker 3040 Cimarron Road; Riverside, CA 92506 (714) 684-7973 Bank Presiden Scripps Bank; 7817 Ivanhoe; La Jolla, CA 92037: (619) 456-2265 Business Owne R & R Auto Electrie: 12402 Industrial Blvd. Building E, Suite 8, Victorville, CA 92392 (619) 243-4969 Pastor King of Glory Lutheran Church; 2500 Borchard Blvd., Newbury Park, CA 91320 (805) 498-4912 Business Owne Harmon & Son Tire Center, Inc.; 1049 W. Martin Luther King Jr., Blvd; Los Angeles, CA 90037; (213) 731-06i5 Pastor St. John Lutheran Church; 912 New Stine Rd; Bakersfield, CA 93309; (805) 834-1412 Pastor Christ Lutheran Church; 9761 Cass Street; San Diego, CA 92109; (619) 483-2300 Nurse Children's Hospital;4650 Sunset Blvd.; Los Angeles, CA 90027; (213) 660-2450 Educator Garden Grove Unified School District; 10331 Stanford Ave., Garden Grove, CA 92640 (714) 663-6155 Pastor E~nanuel Lutheran Ministries; 6020 N.. Radford Ave., North Hollywood, CA 91606: (818) 761-6124 Pastor Emmaus Lutheran Church; 840 Almansor St.; Alhambra, CA 91801 (818) 289-3664 Business Ownel Serve Underwriters; 4500 Via Marina; Morina Del Rey, CA 90292; (310) 821-8989 ., 4 Number of Scheduled Soard Meetings/Year BOARD OF uIRECTORS (Roster) <PLEASE IDENTIFY OFFICERS* NAEE TERM EXPIRES PROFESSIONAL TITLE GENDER ETHNICITY I g'iYlllond LeBfimc c' M African Amer Pastor M Caucasian Executive (Ret F Hispanic At torney /Home- maker M African Arner Banker M Caucasian Bishop M Caucasian President, LCMS District M Caucasian Bishop F Caucasian President, LSS M CaucGsi<J!l CEO, LSS V. V. flotley ~lel i.:i sa Salomon Arthur Tomlinson J. Roger Anderson Ex-O f ficio Lor~n T. Kramer Ex-Of ficio Robert L, Miller Ex-Officio Diane E. Nissen i Ex-Officio Cury L. \fueeler Ex-Officio i ~ , ~ , ~ I. ". i ~ , ~ , ;;SETIFICA'l'ION APPLICA'l'ION FORMS\ROSTER. FTL FORM I. Page Two of Two Date of Annual Board Meeting BUSINESS NAME~ ADDRESS/ PHONE First Lutheran Church, 19707 S. Central, Carson, CA 90746; (310) 631-6189 (Home) 2221 Canyon Road, Arcadia, CA 91006; (818) 355-6950 (Home) 4370 Troost Ave., #106, Studio City, CA 91604; (818) 508-7725 Bank of California; 21550 Oxnard St., #250: I/oodland Hills, CA 91367; (818) 592-0097 Southern California(West) Synod; 1340 S. Bonnie Brae St., Los Angeles, CA 90006; (213) 387-8183 P~cific Southwest District; 1530 Concordia, Irvine, CA 92715; (714) 854-3232 Pacifica Synod; 23655 Via Del Rio, Suite B, Yorba Linda, CA 92686; (714) 970-2791 Lutheran Social Services of Southern Cal.; 5015 Eagle Rock Blvd., #204, Los Angeles, C^ ~0041; (213) 254-3911 Lutheran Social Services of Southern Cal.; 5015 Eagle Rock Blvd" #204, Los Angeles, C^ 90041; (213) 254-3911 .~ RESOLUTION NO. 11..1 P.2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chu1a Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and ob1 igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092- _, a copy of which is on file in the office of the City C1 erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chu1a Vista to execute said contract for and on behalf of the City of Chu1a Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. this Resolution; and adopt i on of eso1utions said hereof in the Presented by ..P ~~ Chris Salomone Community Development Director ruce M. Boogaard City Attorney WPC 4976H/4977H 11.J.J-I!U,N-1. " ~ AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the reference only, and effective as of the date last executed parties, between the City oL Chula Vista ("City") herein, corporation of the State of California, and Lutheran Social Southern Cali forni a, a non-profit organization ("Grantee"), and reference to the following facts: purposes of between the a municipal Services of is made with R'!;'~lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefi t low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of thi s agreement shall be for a period of one (I) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- / ;; /!/- .J .. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriat-ed funds to meet bona fide obl igations incurred for the Project Hand Emergency Assistance Center,. The City shall compensate Grantee for said services up to a maximum amount not to exceed $14,000 (Fourteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following recei pt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and sha 11 not i ncl ude any ant ici pated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households recei vi ng each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethni city accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services Southern Cal ifornia are personal to that this agreement may not, by subagreement, without prior written consent of the City. of Lutheran organization. be ass i gned Social Services of The Performance of to any other ent i ty ~PC 4974H/4975H -2- / & /l// L/ ~. 8. Financial Records and Audits. The Grantee shall maintain all fi nanci a 1 records for three years fo 11 owi ng the term of thi s agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the' agreement and shall administer this agreement on behalf of the City. The Director of Lutheran Social Services of Southern California, or his/her designated representative, shall represent the Grantee in all matters perta i ni ng to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee., 10. Uniform Administrative Reauirements. The Grantee shall comply with the app1 icab1e uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uniform Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each act i vity speci fi ed under thi s agreement with all Federal 1 aws and regu1 ati ons described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMS Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Re1iaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /J}/1J -s 15. DruQ-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, . renewal , amendment, or mod i fi cat i on of any Federa 1 contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement ioned purposes, then the Grantee shall compl ete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i ci es whi ch th is Agreement requi res to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the servi ces requi red under thi s agreement the foll owi ng cert i ficates of insurance to the City: a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without 1 imitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. IIPC 4974H/4975H -4- / (p /I/--? .. 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed th i s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SERVICES OF BY: C€Q Exhibit List Exhibit A. Exhi bit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOTSCANNED City of Chula Vista Party Disclosure StatementNOTS""AN \... [NED ~PC 4974H/4975H -5- //;/1/- 7 EXHIBIT A C~ty ofChula Vista 1992-93 Community Development Block Grant Statement of Work for Lutheran Social Services. Project Hand The staff and volunteers at Project Hand provide basic needs to individual clients and families lacking the resources to secure these goods without assistance. I-Basic needs" include shelter, food, infant formula, diapers, clothing, prescriptions, utilities and rent. Virtually all of our clients fall in the very low income catagory according HUD guidelines. The linchpin of our program is casework. All the material support we provide our clients is given in the context of a casework relationship where we, along with the client/s, develop a caseplan. Here we assess the problem, set out a plan of action and define a realistic timeline. A successful caseplan should result in more longterm stability and a greater degree of self- sufficiency for the client. The staff at Project Hand includes one fulltime caseworker at the site and a program director who divides time between two center's.. Appt~a}~imately ten volunteer"s suppat-t aut"" wor"'k in a variety of ways from screening clients to maintaining food supplies. These funds will be used to support our oasic emergency assistance program but especially for the agency's work with the Interfaith Shelter Network IISNI. Project Hand staff provide all the screening and casework for clients staying in the South Bay b"anch of the ISN, as well as SUppot't fot' the volunteer' cong,'ega- tions operating the shelter. This shelter houses approximately 12 guests and is located at a church for a two week period, then moves on to the next church on a rotational schedule. Each guest can stay for as long as six weeks. The I.S.N. program was open fot' 16 weeks during the wintet' of 1990-91. This is the only emergency shelter open in South Bay at this time. /t~/]//~ Exhibit A City of Chula Vista 1991-92 Community Development Block Grant Performance Schedule for Lutheran Social Services, Project Hand The numbers of clients interviewed and served and the services provided to clients should aggregate as follows. monthly 9ua,'ter 1 Y annually Inter'views Unduplicated clients 200 450 600 1,350 2,400 5,400 Services provided and numbers of clients Food 400 Shelter 35 Clothing 45 Transportation 65 1,200 105 135 195 4,800 420 540 780 We provide a range of other resources to clients as needed but on a less regular basis. These include hygiene items, prescriptions, infant care items, blankets, and utility bill and rent assistance. ) t,/./ /( Exhibit B LUTHERAN SOCIAL SERVICES, PROJECT HAND PROGRAM BUDGET 1992 Expenses Salaries 1.5 FTEs 1. 5 FTEs Bene-fits Rent Utilities Maintenance & trash Telephone Copier - maintenance Printing O-f-fice supplies & postage Insur"'ance Tt'avel Pt'ogram grant (-fa" client -food, in-fant Administrative -fees (10%) Total Revenues Th,'i -ft Shop National Chw'ch Local Congregations Individual gi-fts Fund r'ai ser's Food -for All MAZON CECa Misc. group gi-fts City o-f Chula Vista CDBG Total $32,167 7,431 o o 600 720 180 500 500 276 600 services including needs, trans, etc.) 6,000 4,897 $53,871 $ 6,371 2.,500 9,000 2,500 10.,000 2,500 2,000 2,500 2,500 14,000 $53,871 / t It! - / {J RESOLUTION NO. 1(..1~4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ADULT PROTECTIVE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execution of a written agreement setting out the terms and ob 1 i gat ions for the expend i ture of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Counc il does hereby approve the Agreement known as Document Number C092- _, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of orig'nal Resolutions said City; and shall make a minute of the pass and a p ion hereof in the minutes of the meeting at which the same is R sse an a op ed. Presented by ~~ Chris Salomone Community Development Director WPC 4976H/4977H lIcO-J//Io(J...2- AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF ADULT PROTECTIVE SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Adult Protective Services, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: RL~lIA1~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefit low and moderate- income Chula Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aoreement. The term of thi s agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /t,f)/] t 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasanable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the South Bay Adult Health Care Center. The City shall compensate Grantee for said services up to a maximum amount not to exceed $9,000 (Nine Thousand Dollars). An itemi zed budget for said expenses is in Exhi bi t B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households recei vi ng each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Adult Protective Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- / tb {J -f r \ 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud i t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Adult Protective Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng exceptions: a} The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b} The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /60-'> < 15. Druo-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offici a1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall comp1 ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under pub1 i c 1 i abil ity and property damage insurance pol ici es which this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee will provide, prior to the commencement of the services requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the Ci ty : a) Statutory Worker's Compensat ion coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general pub1 i c ("cross-l i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole neg1 igence or sol e willful conduct of the Ci ty, its offi cers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng against such cl aims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /6!J ~~o 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Cl erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney ADULT PROTECTIVE SERVICES BY: ~.&~f~ 7r?l/~ Exhibit List Exhi bit A. Exhi bit B. Exhibit C. Exhi bit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure StatementN()l'SCA~n.T .~'j,ED WPC 4974H/4975H -5- It:tJ// EXHIBIT A Adult Protective Services, Inc. A private, non-profit agency providing services to seniors in San Diego County. 2840 Adams Avenue, San Diego, California 92116 (619) 283-5731 Statement of Work and Performance Schedule The Community Development Block Grant funds will be used to provide disabled elderly Chula Vista residents transportation to the South Bay Adult Day Health Care Center. Adult Protective Services, Inc. will furnish the Community Development Department of the City of Chula Vista with quarterly reports on the characteristics of the persons served - number, gender, ethnicity and whether of low or lower income as defined for the San Diego Metropolitan Area. 100% will be disabled, over 60, residents of Chula Vista and within the HUD income guidelines. The program serves 85 persons at anyone time who are eligible for this assistance. However, the reports will be made on the actual numbers of people served by the CDBG Grant funds. The $9,000 will be used to purchase approximately 666 trips per month from Handy Trans. It is the objective of this program to restore as many disabled elderly as possible to an increased level of self-care so as to avoid both nursing home placement and the breakdown of home caregivers. J(pO-?J/ EXHIBIT B SOUTH BAY ADULT DAY HEALTH CARE CENTER BUDGETED EXPENSES AND REVENUE FISCAL YEAR 92 - 93 REVENUES FY 92-93 Total Program Revenue 454,327 35,000 38,000 9,000 713 537,040 Medi-Cal Fees V.A. Participant's Fees & Donations CDBG - City of Chula Vista Other Income EXPENSES Wages & Salaries Payroll Taxes & Fringe Consulting & Contracts Purchased Services Space Costs Consumable Supplies Transportation Cost Nutrition Other Costs 294,964 88,510 26,466 7,316 36,639 9,250 40,773 26,219 6,903 Total Expenses 537,040 / tV-7 EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 B SAN DIEGO Very low income 14500 16550 lB650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29BOO 33100 35750 3B400 41050 43700 Median income 29000 33100 37250 41400 44700 4BOOO 51350 54650 Moderate income 34BOO 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: ~1?3 29 30 '00., nro'2r ~ 1..:.1, l " II. ;> c(? T '" ~. .....,': ". JUN 1992 ~, c.. \". Received " ~ Community Development 0; ~<'-e Department "if ,-"'.[>- ,," "../. r\,'(; <-,. [J;L SL V\.. v //PO-/O MEMBER AGENCIES: Cities of Carlsbad,. Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach. La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 , , . , THE CITY OF CHULA VISTA PARIY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters vhich will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest III the contract, Le., contractor, subcontractor, material supplier. Adult Protective Services, Inc. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . ':'Monell 3. If any person identified pursuant to (1) above is non-profit organization or a 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. "See attach~d list" 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Malachy J. Murphy Ann Day-Bardach Executive Director Assistant Administrator 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No --'L If yes, state which Councilmember( s): Person is defmed as: "Any indivi~ ftnn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, OT any otlter group or combination acting as a unit." (NOTE: Attach additional pages as necessary) f'I'lte: 7-21-92 lttoPijf/9' 'Mur;$ Signature contractor7a licant [C:\ WP51\COUNCIL\DlSCLOSE.TXT) Malachy J. Murphy Print or type name of contractor/applicant / Iv 0 / / / [Revised 11/30/90] t MEMBERS OF THE BOARD OF DIRECTORS OF ADULT PROTECTIVE SERVICES, INC. Guy Deeks, President 8825 Jonas Court San Diego, CA 92123 292-1422 Susan La Flam San Diego Gas & Electric P.O. Box 1831 San Diego, CA 92112 696-4322 (Work) 420-9589 (Home) Lloyd Plummer 9141 Golondrina Drive La Mesa, CA 91941 462-9141 Marie Hood, Vice President 2834 Adams Avenue San Diego, CA 92116 281-8035 Evelyn Herrmann 3863 Aragon Drive San Diego, CA 92115 582-0528 Arthur Price, ADM 900 Alameda Avenue Coronado, CA 92118 435-2358 Pamela Jo Craig, Assistant Secretary 373 East James Ct. Chula Vista, CA 91910 427-4020 (Home) 475-6244 (Work) Georgette Schell 13490 Route 8 Business Space 126 Lakeside, CA 92040 561-3816 Thomas A. Shumaker, Treasurer 904 Rosecrans San Diego, CA 92106 223-8825 Faustina Solis 8428 Encino Avenue San Diego, CA 92123 534-4004 (Work) 278-3722 (Home) Muriel Pardee Baze P.O. Box 8892 Rancho Sante Fe, CA 92067 756-3443 Charles Bell, PhD 4305 Gesner San Diego, CA 92117 275-5324 Seth Torres American Assoc. for Retired People 4201 Long Beach Blvd. Long Beach, CA 90807 (310) 427-9611 (Work) (619) 222-3741 (Home) Rev. A. Paul Veenstra Chula Vista Community Church 271 East 'J' Street Chula Vista, CA 91910 422-7850 M. L. Dickson 3141 Courser Avenue San Diego, CA 92117 273-4655 Billy Frank 8775 Aero Drive, Ste 238 San Diego, CA 92123~1756 565-1392 Dorothy Yonemitsu 2431 Alto Cerro Circle San Diego, CA 92109 273-3576 Anita Harbert San Diego State University San Diego, CA 92182 594-6310 Technical Advisor J. T. Jennings, M.D. 11330-4 Camino Playa Cancun San Diego, CA 92124 279-3644 APS: 2/92 /b{))~ RESOLUTION NO. )1c18~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND SENIOR ADULT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION 1. The Ci ty Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of orig' 1 Resolutions said City; and shall make a minute of the pass and ad p ion hereof in the minutes of the meeting at which the same is as d and a op d. Presented by tL~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H l~p-II ,,'-2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SENIOR ADULT SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and Senior Adult Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: BI.c.lI8.!..s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 3D, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /1t;;7 } 3. Low Income Reouirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budoet. The Grantee agrees to expend Ci ty-appropri ated funds to meet bona fide obl i gat ions incurred for the Meal s on Wheels. The City shall compensate Grantee for said services up to a maximum amount not to exceed $5,500 (Five Thousand, Five Hundred Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payroll s, etc. as shall provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provi de the Ci ty with a quarterly report, submi tted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assionment. to that organization. subagreement, be assigned the City. The services of Senior Adult Services are personal The Performance of this agreement may not, by to any other entity without prior written consent of WPC 4974H/4975H -2- / & r- if 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of Senior Adult Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organi zat ions. " The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make add it i ona 1 re i mbursements to the Grantee. I f said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. ~PC 4974H/4975H -3- , ...--) /,,/ / (O l' -/:) 15. Druo-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modi fi cat i on of any Federa 1 contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the a forement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i ci es which thi s Agreement requi res to be demonstrated in the form of a cert i ficate of insurance. Grantee wi 11 provide, prior to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensation coverage plus $I, 000, 000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /& f7 ? 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SENIOR ADULT SERVICES BY: Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhi bit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chul a Vi sta Party Di scl osure Statement NOT SCAl\fl'Hi:D WPC 4974H/4975H -5- J ~ j?- ? EXHIBIT A MEALS-ON-WHEELS STATEMENT OF WORK AND PERFORMANCE SCHEDULE 1. Statement of Work Meals on Wheels will deliver two nutritious meals per day, five days a week (Monday-Friday) to qualified senior and disabled residents of the city of Chula vista. Deliveries of a hot lunch and cold supper are made simultaneously, between 11:30 a.m. and 1:30 p.m. Special diets (e.g. low sodium or diabetic) are provided if required. Approximately 850 residents will be served by the program and about 46,000 meals will be delivered during the term of this contract. 2. Performance Schedule The meal preparation and delivery program will be provided on a continuous basis, 5 days a week, 12 months year. Meals are delivered on legal holidays which fall on weekdays. EXHIBIT B MEALS-ON-WHEELS PROGRAM BUDGET The $5,500 CDBG grant will be used for Food and Packaging. The total annual budget for the Chula vista area program is $251,000. 1/ 1.7- 0/ /0/ d AUG-21-1992 08:43AM AUG-20-92 THU 14:50 FROM PUBLl C POSTAL SHOP i CO~J1UN I TY DEVELOPMENT TO FAX NO. 6i94765310 4765310 P.02 P.02 TIlE CITY OF CHULA mTA 1'AR!lY DISCLOSURE SI'A1F.MENT . Statem.ent of disclosure of certain ownenhip interests, ~ymenlS, or campaign contril7ntiOn.<;,. on all matters which will require discretIonary action on the part of ~~ Ci'Y CounCIl, J?lanninB COmmf<<ion, and all other official bodies. The fOllowing information must be diSclosed: 1. . List the names of all persons having a financiaI intece.~t in the contIact, ie., contractor, subcontractor, material supplier. /V/? . 2. If any ~lS0D identified pursuant to (1) abovo is a corporation or p:L.1nershlp, list the name:; of all individual! ownIng more than 10% of .the shatys in the cotpocation or owning any partnership interest In the partnership. I Af1 "... . .-' . ".,. :'_: " I"'!"; '-. [) , I 3, If any person identified pursuant to (1) above is on-profit organiza!i.9Il or a tro.st.list the names of any person serving as director of Ille non-p fit org-dllization or as trustee or beneficiary or ~tor of the lnlSt. ,;VAt 4. ' Have you had more than $250 woIth of business transacted with aIJY member of tile City staff, Boar~mmissions, Committees and Council ~thin the past twelve months? Yes_ No _ If yes,'please indicate person(s): I S. Please identify each and eveI}' person, including any agclltS, employees, consultants or independent contra,c;lors who yo~?hllve llSsigne(!to represent you before the City in this matter. f(~~<-y .6t;~/~"" cv Ply. , :rr /(/(4 do k- b ~c-J,;~h" I;:J~;.... ~c...2;V 6. Have you and/or your officers or agenlS, fn the 'aggregate, contributed m~ $1,000 to II COWlcllmember in the current or pre<:ediDgelectionperiod? Yes _ No _ If yes. state which Counclhnember(s): .la2n b dclined as~ "A1I)I fNlMdl/fl' ftmt. CO-~lp.iOi1tL....uo,o; ~ 8Oti4l ~/ltlwmfl/ ~ COTp01YllfcI~ mme, trust, mceiwr, ~cllU, 1"11 flIId "'\Y (1/l.er ~ cIfy and Gou1lf1J', d!JllllUnicq.a1i(p, tliJI1ia Dr 0Iher poJ'diazl S11l1dMdoll, or <l"Y otlleF group OF conrbbuuJOII <lctir,g (/1 if unil.. . . (NOTE: Atl<\ch addiliollal pagetl as lleCC05llrj) Dat,}: 1/~ ~/ '7 ~ . tJ [0\ 'Y<?lI\COt:NCL!.WISctOSll.T.G'J Si ttlre Of Ct')rJtractor/ap~' ~ l/n e-e./o ,,..J [<=-W;aV' ~# ./t:-rll"l-~; ~ (,Jlc&6 ) Print or type name of contractor/applicant . f~:11I'ti1.ft'xi1 / i<'V 7 ,I , , l' ~r It, ,J , ;1 AUG-21-1992 09:44AM FROM PUBLIC POSTAL SHOP TO SEN10R AJ:IIJILr SERVICES, Il'fC. BOllJW OF n<u5~ , Co~leen Ahern . Daralyn Baddour Clara Baity Jeanne Brace Fred Crawford George Davis E. Douglas Dawson Ruth DeLaune Bertha Edington Albert Gabbs ". 'virqinia 'Hagerman Gri:!:!ith HayeEl John Hermann Arthur Herzman Nancy Kronemyer Amy Krulalc Joy Ledford Richard Ledfm:d Evangeline Losoya Margo Mizeur Marvin J. l!tizeur' Robert Murphy George E. Ollllstead ROEll> panner Margaret Pe5hel priscilla Simms Lydia Stewart Helen stokes Mary Katherine stone Rebecca Wood 1/ ~ //'J /I.{;// /v 4765310 P.03 TOTAL P.03 RESOLUTION NO. Ib1~t" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOBS FOR YOUTH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the. Agreement known as Document Number C092-_, a copy of which is on file, in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chul a Vi sta to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passage and adop' hereof in the minutes of the meeting at which the same is p d and adop ed. A, ro '" t JJ Presented by ~~~~_a ~ Chris alomone Community Development Director Bruce M. Boogaar City Attorney WPC 4976H/4977H lbf4;-1 /II,Q-t , . AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF JOBS FOR YOUTH IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cal ifornia, and Jobs for Youth, a non-profit organization ("Grantee"), and is made with reference to the following facts: RI~lIA1.s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and . WHEREAS, HUD requi res the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: I. Term of Aqreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. WPC 4974"/4975" -1- 1&/t?~3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the Temporary Employment Service., The City shall compensate Grantee for said services up to a maximum amount not to exceed $3,100 (Three Thousand, One Hundred Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred duri ng the peri od specifi ed on said form, and shall not i ncl ude any anti ci pated costs. Grantee shall attach documentat ion, such as recei pts, bi 11 s, payro 11 s, etc. as sha 11 provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee sha 11 provi de the Ci ty with a quarterly report, submitted no 1 ater than 40 days after the last day of the previ ous quarter, whi ch i ncl udes a bri ef narrative of the servi ces provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of Jobs for Youth are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /0 f-I 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of Jobs for Youth, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Admi ni strat i ve Reoui rements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uniform Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proqram Reoui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng except ions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountinq Procedure. The Grantee agrees to abide by the requirements of OMB Circul ar A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proqram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activiti~s. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- ) 0 0/ - ~S' 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi nQ of Federal Offi ci al s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modificat i on of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall compl ete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 i abil ity and property damage insurance pol i ci es whi ch this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provi de, pri or to the commencement of the servi ces requi red under thi s agreement the foll owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensation coverage plus $I, 000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and ekpense iincluding without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on wi th the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defendi ng aga i nst such cl aims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974"/4975" -4- /0tp -~ 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of COBG funds, including any program income derived from COBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Cl erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney JOBS FOR YOUTH BY: Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUO Income Limits (Revi sed May 1992) NOT SCA1\;~.JED City of Chula Vista Party Oisclosure StatementNO'~Q 1: ""CA1VI\'EJ) WPC 4974H/4975H -5- /6!(J-7 - I ,-- i EXHIBIT A E)f.HIB~T R Jobs for Yo~th 'I' Statement of Work and Schedule I. statement of Work Jobs for Youth will assist local youth, ages 14-22, to find temporary employment. We will intake employment opportunities from local businesses, churches, and households and match them to youth who are looking for temporary work assignments. We will also assist the youth to prepare for job interviews. The program will serve 1,000 youth from low and moderate income households. 2. Schedule for Implementation Jobs for Youth will operate Monday, Wednesday, and Friday form 10 A.M. to 4 P.M. at Lauderbach Community Center, 333 Oxford st., Chula Vista. during the term of this contract. Budqet Salaries/Benefits Rent/utilities Equipment/supplies Other Expenses $ 2,400.00 285.50 299.50 115.00 Total $ 3,100.00 Jtt?-~ EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350- 24000 25650 27300 Area median: $41.300 lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: 0/;5,il:''?''~20:'',,, I{~; fro JUN 1992 i ~j Received \ ~" Ccmmumty Development ~ Qepartment '8, C' C}- " " c""" ,," _ / h!( _ / / . '::-:('19LV~'[,\''L. MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego. San Marcos, Santee. Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 THE CI1Y OF CHULA VISTA P AR1Y DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters -'1hicb will require discretionary action on tbe part of the City Council, Planning Commission, and all other Jfficial bodies. The following information must be disclosed: 1. List the names of ail persons having a financial interest ill the contract, Le., contractor, subcontractorl. material supplier. Jobs For Iouth 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. - None 3. If any person identified pursuant to (1) above is non-profit organization or a 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. Nora Sears .Tl1nf:) Rri l1PR Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No -X- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Nora Sears - Director June Brines - Treasuer E~eanor Scarvo - Volunteer 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmemberin the current or preceding election period? Yes _ No ~ If yes, state which Coiillcilmember( s): Person is dermed as: "Any individua4 finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trus~ receiver; syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: -n ;( 1; } 19 J- ~ l' t7J _~~J Signature of contractor/applicant [Co\ WPSI\COUNCIL\DISCLOSE.TXT] Nora Sears" Director Print or type name of contractor/applicant / 011 - / / [Revised 1I/30/90J RESOLUTION NO. Jla1&-i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passa and adop 1 n hereof in the minutes of the meeting at which the same is p s d and ado te . A " d 'i bY..J) Presented by 0~~ Chris Salomone Community Development Director Bruce M. Boogaard City Attorney WPC 4976H/4977H Il.,(<.-( 11,1-2, AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of Cill ifornia, and South Bay Community Services, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: RL~lI81..s. WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aareement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. ~PC 4974H/4975H -1- /b;f / J 3. low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the mast current HUD Income limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obl igations incurred for the Casa Nuestra Youth Shelter. The City, shall compensate Grantee for said services up to a maximum amount not to exc'eed $15,000 (Fifteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od specifi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payro 11 s, etc. as sha 11 proYide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provi de the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previous quarter, which includes a brief narrative of the services provided and an itemi zed account i ng of the expendi tures of CDBG funds duri ng the previ ous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) (b) the total number of persons/households served; the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); race or ethn i city accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); number of female-headed households served. (e) (f) 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. ~PC 4974H/4975H -2- 1~~-1 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City COBG funds. 9. R€oresentat i ves. The Community Development Di rector, or hi s/her des ignated representative, sha 11" represent the City i n all matters pertai ni ng to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reauirements. The Grantee shall comply with the app 1 i cab1 e uniform admi ni strat i ve requi rements as descri bed in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Proaram Reaui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles far Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from COBG funds shall be reported to the City and shall only be used by Grantee far the services funded under this agreement. All provisions of this agreement shall app 1 y ta the use of program income for said act i v it i eS. Said program income shall be substantially disbursed for said services before the City will make addi t i ona 1 reimbursements to the Grantee. I f said program i ncame is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a re1igiaus entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use af funds for re1igiaus activities, and places other restrictians and limitations on the Grantee. WPC 4974H/4975H -3- Jt/(- ~. /iC/ \ ~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvi no of Federal Offi ci a 1 s. The Grantee sha 11 not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification .of any Federal contract, grant, loan, or cooperative agreement. If Gra'ntee util izes any other funds for any of the aforement i oned purposes, then the Grantee sha 11 complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, pri or to the commencement of the servi ces requi red under th is agreement the fo 11 owi ng cert ifi cates of insurance to the Ci ty : a) Statutory Worker's Compensat i on coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any pol icy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general publ ic ("cross-l iabil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD re9ulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. WPC 4974H/4975H -4- /6 Jf'.. t/ 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this _ day of " 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES BY: Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revi sed May 1992) NOT SCANNED City of Chula Vista Party Disclosure Statement NOT SCANNED WPC 4974H/4975H -5- I/,/(- ? EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE PROVIDE CRISSIS INTERVENTION, COUNSELING AND REFERRAL SERVICES TO 300 VICTIMS AND PERKPETRATORS OVER THE 12 MONTH CONTRACT PERIOD. NETWORK WITH OTHER PROVIDERS OF DOMESTIC VIOLENCE SERVICES ESPECIALLY SHELTER PROVIDERS. EXHIBIT B BUDGET SALARIES/FRINGE 15,000 !&-I( 6' EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 'I' TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: /-~ /_.r", ,> "~ ,./;,.;:~';.:.' ..""':/.,~ /..' A -\ (r.,' T ,,:.. \ I~' G\ /" 92' \ /f' JUN 19 -;:,\ \ ~:;. Received ~ I \'-::-,_ Community Development ..c.:. / \;" . Department <..' I 0, "/ -, CJ ~C~ ...v ":- "'v""" , C I.....,i cz,\. , /~/f- J ".>> , MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, ,"candida, Imperial Beach, La Mesa, lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 'I' TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: 4..,.';::-::;~:':~ /r..r>;,. - '-I",~ ;::;::, + <\ /~/ '~:\ .-' ..\ {,. JUN 1992 'c! \ '~; Received ~ ! \;:. Community Development ~~_ / ~ Department '_' / 0, "j ~r. () .- ~~ ,C',' _. "'v" . /&5 _::_::SLt-~<'\, MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Eneinitas, Eseondido,~perial Beach, La Mesa, Lemon Grove. National City, Oceanside. Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 RESOLUTION NO. [l.."ii'f' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHUlA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOllOWS: SECTION J. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a mi nute of the passa and adop i n hereof in the minutes of the meeting at which the same is sse and 0 e. Presented by WPC 4976H/4977H /IoS-I) I' S - 2- Bruce M. Boogaard City Attorney ~~ Chris Salomone Community Development Director AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of' Chula Vista ("City") herein, a municipal corporation of the State of Cal Hornia, and South Bay Community Services, a non-profit organization ("Grantee"), and is made with reference to the following facts: BL(;lIA1~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- lie5---} 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred .for the Graffiti Eradication Program., The City shall compensate Grantee for said services up to a maximum amount not to exceed $33,600 (Thirty-three Thousand, Six Hundred Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Pavments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the last day of the previous quarter, which i ncl udes a bri ef narrat i ve of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /?S 1 /~~.. ~.~ 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. Reoresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admini ster thi s agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." II. Other Prooram Reoui rements. The Grantee shall carry out each act i vi ty specifi ed under thi s agreement wi th all Federal 1 aws and regul at ions described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Prooram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3; h ~ - __,/ 15. Druo-free Workplace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvino of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, -renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the a forement i oned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil i ty and property damage insurance pol i ci es whi ch this Agreement requires to be demonstrated in the form of a certificate of insurance. Grantee wi 11 provide, pri or to the commencement of the servi ces required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensat i on coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general publ i c ("cross-l i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- / /; s- (/;; .. . , 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES ~/7f~;~ Exhibit List Exhibit A. Exhi bit B. Exhi bit C. Exhibit D. Statement of Work and Performance Schedule Itemi zed Budget HUD Income Limits (Revised May 1992) City of Chula Vista Party Disclosure NOT SCANNED Statement NT OT SCA.NNED WPC 4974H/4975H -5- / b 5- ? STATEMENT OF WORK AND PERFORMANCE SCHEDULE EXHIBIT A THE FOLLOWING WORK WILL BE PERFORMED OVER THE CONTRACT PERIOD 7/1/92 - 6/30/93 TOTAL NUMBER OF SITES TO BE ERADICTED: 600 PUBLIC 90 PRIVATE 260 UTI L ITY BOXES 250 NUMBER OF YOUTH REFERRED 150 TOAL HOURS OF COMMUNITY SERVICE 2,850 EXHIBIT B BUDGET SALARIES/BENEFITS 23,930 EQUIPMENT/SUPPLIES 7,738 MILEAGE 432 INSURANCE 1,500 JibS; ~ TOTAL 33,600 RESOLUTION NO. (618'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANO SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and a ption hereof in the minutes of the meeting at which the same is p ed and tl pted. Presented by A ro ed a, to orm by r()~~ ~ Chris ~alomone Bruce M. Boogaard Community Development Director City Attorney It., (-//16 r:.z. WPC 4976K/4977K AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporat i on of the State of Ca 1 Horni a, and South Bay Communi ty Servi ces, a non-profi t organi zat ion ("Grantee"), and is made with reference to the following facts: BlklI8.b~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and servi ces whi ch wi 11 benefit low and moderate- income Chula Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a publ ic hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desi rous of havi ng those certain servi ces for the benefit of low income households, hereinafter enumerated; performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igat ions for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of this agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bit A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bi t A, attached hereto and incorporated herein. WPC 4974H/4975H -1- /~I- 3 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred -for the Domestic Violence Intervention ,Team. The City shall compensate Grantee for said services up to a maximum amount not to exceed $15,000 (Fifteen Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Cl aim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred duri ng the peri od speci fi ed on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as recei pts, bi 11 s, payroll s, etc. as shall provide reasonabl e proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no 1 ater than 40 days after the 1 ast day of the previ ous quarter, whi ch i ncl udes a bri ef narrat i ye of the servi ces provi ded and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/households served; (b) the number of persons/households receiving each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /~;;y 8. Financial Records and Audits. The Grantee shall maintain all financial records -for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanc i a 1 and program aud i t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Prooram Reouirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations descri bed in 24 CFR 570, Subpart K, with the foll owi ng except ions: a) The Grantee does not assume envi ronmenta 1 responsi bil it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Prooram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- /t://~ 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection wi th the awardi ng of any Federal contract, the maki ng of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee ut il i zes any other funds for any of the aforement ioned purposes, then the Grantee shall complete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ i c 1 i abil ity and property damage insurance pol i cies whi ch thi s Agreement requi res to be demonstrated in the form of a cert ifi cate of insurance. Grantee will provide, pri or to the commencement of the servi ces requi red under thi s agreement the fo 11 owi ng cert i fi cates of insurance to the City : a) Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and whi ch treats the employees of the City in the same manner as members of the general publ ic ("cross-l i abil ity coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. ~PC 4974H/4975H -4- /~ I~ 4, 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program in~ome derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City Clerk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES Exhibit List Exhibit A. Exhibit B. Exhibit C. Exhibit D. Statement of Work and Performance Schedule Itemized Budget HUD Income Limits (Revised May 1992) NOT SCANNED City of Chul a Vista Party Di scl osure Statement NOTS CANNED ~PC 4974H/4975H -5- /{;, r~ 7 EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE THE FOLLOWING SERVICES WILL BE PROVIDED OVER THE 12 MONTH CONTRACT PERIOD 7/1/92 - 6/30/93 SHELTER FOR 60 YOUTH CRISIS INTERVENTION FOR 600 RUNAWAY AND HOMELESS YOUTH REUNIFICATION AND STABILIZATION OF 200 FAMILIES ILS SERVICES FOR 50 YOUTH AIDS AND DRUG PREVENTION EDUCATION TO 400 YOUTH. EXHIBIT B BUDGET SALARIES/BENEFITS 15,000 ~~~ EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS Suite 800, First Interstate Plaza 401 B Street San Diego. California 92101 June 22, 1992 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUn News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DIEGO Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: ~i,:3 2~:';O '"} 0,- 01 /:::5')V .. ";~. . ~\t 'l' \..) - t.'~ / r:~" .t::- Iro JUM 1992 ~~) lS\ Received " \ ~, Commumty Development 0; ~ Department Co .~ d D " ,c..... ,\.i .......C? -tv . <~:Z8L9L1i\.rt,\." . )? ;- 9 MEMBER AGENCIES: Cities of Carlsbad. Chula Vista, Coronado, Del Mar, EI Cajon, Encinit8s, Escondido, Imperial Beach, La Mesa, Lemon Grove. National City, Oceanside. Poway, San Diego. San Marcos, Santee. Solana Beach. Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 .'/ RESOLUTION NO. II.-'(CfD RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a written agreement sett i ng out the terms and obl igat ions for the expendi ture of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and a 0 tion hereof in the minutes of the meeting at which the same is sed.:1d 0 ted. Presented by p ved J1 to ~ <;.~ Chris Salomone Community Development Director Bruce M. Boogaar City Attorney WPC 4976H/4977H Il"tL ..1//' ".. 2. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of, Chula Vista ("City") herein, a municipal corporat ion of. the State of Cali forni a, and South Bay Conununity Services, a non-profit organization ("Grantee"), and is made with reference to the fo 11 owi ng facts: jH~lI81.s. WHEREAS, the City participates in the Conununity Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services whi ch wi 11 benefi t low and moderate- income Chul a Vi sta househol ds; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public hearing and allocated CDBG entitlement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execution of a wri tten agreement sett i ng out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are eXJlerienced and staffed in a manner such that they can prepare and deli ver the servi ces required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aqreement. The term of th i s agreement shall be for a period of one (1) year, from July 1, 1992 through June 30, 1993. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bi t A, attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. WPC 4974H/4975H -1- )611-) 3. Low Income Reauirement. The services to be performed by Grantee shall be proviqed primarily to persons of low income households. A minimum of 70% of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred .for the Community Development Program., The Ci ty shall compensate Grantee for said services up to. a maximum amount not to exceed $48,000 (Forty-eight Thousand Dollars). An itemized budget for said expenses is in Exhibit B, attached hereto and incorporated herein. 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 6. Reoorts. The Grantee shall provide the Ci ty with a quarterly report, submitted no later than 40 days after the 1 ast day of the previous quarter, which includes a brief narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) the total number of persons/househoids served; (b) the number of persons/households recei vi ng each type of service provided; (c) of the persons/households served, the number of residents and non-residents of Chula Vista; (d) annual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethni city accordi ng to standard categori es (Bl ack, Hispanic, Asian/Pacific Islander, Native American, White); (f) number of female-headed households served. 7. Assianment. The services of South Bay Community Services are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. WPC 4974H/4975H -2- /d-721-L/ 8. Financial Records and Audits. The Grantee shall maintain all financial recqrds for three years following the term of this agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 9. ReDresentatives. The Community Development Director, or his/her designated representative, sha 11> represent the City in all matters pertaini ng to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. The Director of South Bay Community Services, or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 10. Uniform Administrative Reouirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certa insect ions of 24 CFR Part 85 "Uni form Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 11. Other Prooram Reoui rements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibil ities described at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountino Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes. 13. Prooram Income. Any program income derived from CDBG funds shall be reported to the City and shall only be used by Grantee. for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14. Conditions for Relioious Oroanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for rel igious activities, and places other restrictions and limitations on the Grantee. WPC 4974H/4975H -3- J&)!/-P 15. DruQ-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. LobbvinQ of Federal Officials. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee util izes any other funds for any of the aforement i oned purposes, then the Grantee shall comp1 ete and submi t Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under pub1 ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert i fi cate of insurance. Grantee will provide, prior to the commencement of the services requi red under thi s agreement the fo 11 owi ng certifi cates of insurance to the City : a) Statutory Worker's Compensat ion coverage p1 us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general pub1 i c ("cross-1 i abil i ty coverage"). 18. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers, and employees, from and against all claims for damages, liability, cost and expense (including without 1 imitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon' written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 19. Susoension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. IIPC 4974H/4975H -4- /tf;, 7-1- ~ 20. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 21. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any COBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program in~ome derived from CDBG funds. IN WITNESS WHEREOF, City and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BY: Tim Nader Mayor, City of Chula Vista ATTEST: City C1 erk APPROVED AS TO FORM BY: Bruce M. Boogaard City Attorney SOUTH BAY COMMUNITY SERVICES Exhibit List Exhi bit A. Exhibit B. Exhi bit C. Exhibit O. Statement of Work and Performance Schedule ltemi zed Budget HUO Income Limits (Revised May 1992) City of Chula Vista Party Disclosure NOT SCANNED Statement N'OT "'CAN' .:1 TNED WPC 4974H/4975H -5- /::, 71-? EXHIBIT A STATEMENT OF WORK AND PERFORMANCE SCHEDULE HOUSING Develop a transitional housing project Spring 1993 Open 3 bed transistional housing program for youth. August 1992 Provide I&R to C.V. residents on housing On going COMMUNITY REVITALIZATION Small neighborhood improvement projects Ongoing a minimum of 4 over the contract. ECONOMIC OPPORTUNITIES Development and implementation of KIDBIZ program to teach business/entrepreneurial skills to at risk youth and provide them with mentors and support in starting their own businesses. Start Aug. 92 EXHIBIT B BUDGET SALARIES/BENEFITS 46,000 UTILITIES 375 EQUIPMENT/SUPPLIES 1,000 PROGRAM EXPENSES 625 TOTAL 48,000 /(j;u-g/ EXHIBIT C ~ San Diego ASSOCIATION OF GOVERNMENTS June 22, 1992 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: Housing Department Staff and Interested Persons FROM: Nan Valerio, Senior Regional Planner, Housing Programs (595-5365) SUBJECT: HUD News Release: Income Limits Below for your information is a copy of new very low, lower, median, and moderate income limits. NUMBER OF PERSONS IN FAMILY COUNTY STANDARD 2 3 4 5 6 7 8 SAN DrEG 0 Very low income 14500 16550 18650 20700 22350 24000 25650 27300 Area median: $41,300 Lower income 23200 26500 29800 33100 35750 38400 41050 43700 Median income 29000 33100 37250 41400 44700 48000 51350 54650 Moderate income 34800 39750 44750 49700 53700 57650 61650 65600 If you have any questions concerning the income limits, please contact: <-:::--;:~ /,,::f -:.>, ,:., ,:.c '::'/~ ;,';(/ ~ \,\ ~ ~-\ ,I:, JUM 1992 ~,\ i~.. Received ::; ! \ ~ (:(!mmunity Development c: :' '\;o Department '0 I q.:,. 2; '. C'~ '" '< c": '. 1,,," . /? JI- q:":~'ISlt1L"\ . MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado. Del Mar. EI Cajon, Encinitas. Escondiio. Imperial Beach, La Mesa, Lemon Grove. National City. Oceanside. Poway, San Diego, San Marcos. Santee, Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street, Room 430 P.O. Box 952053 Sacramento, CA 94252-2053 Don Crow (916) 323-3175 FAX (916) 323-6625 RESOLUTION NO. Lb7q/ RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BOYS & GIRLS CLUB OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City participates in the COlllllunity Development Block Grant (CDBG) Program, a principal goal of which is to fund projects and services which will benefit low income Chula Vista households; and, WHEREAS, the City will be entering into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent it 1 ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is desirous of having certain services for the benefit of low income households performed by the Grantee, and WHEREAS, HUD requires the execution of a written agreement setting out the terms and obl igations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, THE CITY OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve the Agreement known as Document Number C092-_, a copy of which is on file in the office of the City Cl erk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said contract for and on behalf of the City of Chula Vista. SECTION III. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION IV. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is pass and ado Presented by ~~ Chris Salomone Community Development Director WPC 4976H/4977H Bruce M. Boogaard City Attorney \~V-I/II.(,2. AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF BOYS AND GIRLS CLUB OF CHULA VISTA IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT is made this July 28, 1992, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporat i on of the State of Ca 1 Horni a, and Boys and Gi rl s Cl ub of Chul a Vista, a non-profit organization ("Grantee"), and is made with reference to the following facts: RLC.lI8!.~ WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the City has entered into a separate funding agreement with HUD for the City's annual CDBG entitlement and also anticipates program income from the Housing Rehabilitation Revolving Fund; and, WHEREAS, the City Council of the City of Chula Vista held a public heari ng and allocated CDBG ent itl ement and program income funds on May 19, 1992, a portion of which was allocated for the Grantee; and, WHEREAS, the City is des i rous of havi ng those certain servi ces for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, HUD requi res the execut i on of a wri tten agreement setting out the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experi enced and staffed in a manner such that they can prepare and del iver the services required of Grantee within the time frames herein provided all in accordance with the terms and condition of this Agreement; NOW, THEREFORE, in consideration of the mutual obl igations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AQreement. The term of th is agreement shall be for a period of six (6) months, from April 1, 1992 through September 30, 1992. 2. Statement of Work and Schedule. The Grantee shall perform those dut i es descri bed in the Statement of Work in Exhi bi t A, attached hereto and incorporated herein. This work shall be provided during the term of this agreement and accordi ng to the Performance Schedul e in Exhi bit A, attached hereto and incorporated herein. WPC 4979H -I- I&; )/-) 3. Compensat i on and Budaet. The Grantee agrees to expend City-appropriated funds to meet bona fide obligations incurred for the installation of a public address system in their facility at 1301 Oleander Avenue. The City shall compensate Grantee for said work up to a maximum amount not to exceed $12,750 (Twelve Thousand, Seven Hundred Fifty Dollars). An i temi zed budget for sai d expenses is in Exhi bit B, attached hereto and incorporated herein. 4. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in a single installment following receipt of the "CDBG Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense Reimbursement Claim" form shall be 1 imited to actual expenses incurred during the period specified on said form, and shall not i ncl ude any anti ci pated costs. Grantee shall attach documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual expenses incurred. 5. Assianment. The services of Boys and Girls Club of Chula Vista are personal to that organization. The Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 6. Financial Records and Audits. The Grantee shall maintain all fi nanci a 1 records for three years fo 11 owi ng the term of thi s agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete fi nanci a 1 and program audi t of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds. 7. Representatives. The Community Development Director, or his/her designated representative, shall represent the City in all matters pertaining to the servi ces rendered pursuant to the agreement and shall admi ni ster thi s agreement on behalf of the City. The Director of Boys and Girls Club of Chula Vi sta, or hi s/her des ignated representat i ve , shall represent the Grantee in all. matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 8. Uniform Administrative Reauirements. The Grantee shall comply with the appl icable uniform administrative requirements as described in HUD regulation 24 CFR 570.502. This HUD regulation requires compliance with certai n sect ions of 24 CFR Part 85 "Uniform Admi ni strat i ve Requi rements for Grants and Cooperative Agreements to State and Local Governments." 9. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K, with the following exceptions: a) The Grantee does not assume envi ronmenta 1 respons i bi 1 it i es descri bed at 24 CFR 570.604; b) The Grantee does not assume responsibil ity for initiating the review process under the provisions of 24 CFR 570.612. . 10. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The Grantee shall account for use of Block Grant funds separate ly from other funds so as to demonstrate that the funds are used for their designated purposes. WPC 4979H -2- /~, j/ tj / . 11. Proqram Income. Any program income derived from CDBG funds sha 11 be reported to the City and shall only be used by Grantee for the services funded under this agreement. All provisions of this agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 12. Conditions for Reliqious Orqanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200 (j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 13. Druq-free Workolace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 14. Lobbvi nq of Federal Offi ci a 1 s. The Grantee shall not use any funds provided under this agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperat i ve agreement. I f Grantee uti 1 i zes any other funds for any of the aforementioned purposes, then the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 15. Insurance. Grantee represents that it, and its agents, and staff employed by it are protected by worker's compensation insurance and has coverage under publ ic 1 iabil ity and property damage insurance pol icies which thi s Agreement requi res to be demonstrated in the form of a cert ifi cate of insurance. Grantee will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City : a) Statutory Worker's Compensati on coverage pl us $1,000,000 Employers liability coverage; b) General and Automobile Liability coverage to $1,000,000 combined single limit which names the City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). 16. Hold Harmless. Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connect i on with the execut i on of the work covered by this Agreement, except only for those claims arising from the sole negl igence or sole willful conduct of the City, its officers, or employees. Grantees indemnification shall include any and all costs, expenses, attorney's fees and 1 iabil ity incurred by the City, its officers and agents,' or employees in defending against such claims, whether the same proceed to judgement or not. Further, Grantee at its own expense shall, upon wri tten request by the YPC 4979H -3- ./ ) & J/ //~ City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee. 17. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 18. Breach of Contract. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 19. Reversion of Assets. Upon expiration of this agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. IN WITNESS WHEREOF, Ci ty and Grantee have executed thi s Agreement this ____ day of , 1992. CITY OF CHULA VISTA BOYS AND GIRLS CLUB OF CHULA VISTA BY: BY: w.~~~ Tim Nader Mayor, City of Chula Vista ATTEST: APPROVED AS TO FORM BY: City Cl erk Bruce M. Boogaard City Attorney Exhibit List Exhibit A. Statement of Work and Performance Schedule Exhibit B. Itemized Budget wpe 4979H -4- /1L//~, EXHIBIT A STATEMENT OF WORK AND SCHEDULE The Boys & Girls Club of Chula vista helps build the self-esteem and self-confidence of young people and helps prepare them for a responsible and self-sufficient adulthood. This occurs through activities including homework help/tutoring, substance abuse prevention, specialized health education programs, fine arts, social recreation, and individual and team sports. This is aug- mented by several special interest group clubs and youth devel- opment programs. This grant will enable us to purchase and install a public address system which will link every program area and office. It will provide better communication and control throughout the building. This public address system will also significantly increase the safety and well-being of the children we serve. It will provide increased and more effective utilization of the facility and will enable the staff to provide greater and more efficient services for our children. Bids for the system will gathered in April 1992. A vendor will. be determined in May 1992. The system will be installed in June 1992. / i?' tl, ? EXHIBIT B BUDGET EXPENSES CDBG Equipment (P.A. System and installation) $12,750 Total $12,750 INCOME CDBG $12,750 TOTAL $12,750 ) /;, j/ /55/ THE FOLLOWING PARTY DISCLOSURE STATEMENTS ARE FOR MULTIPLE CONTRACTS AS FOLLOWS: 1) YMCA of San Diego County Summer Day camp Sunshine Company Afterschool Childcare Family Stress Center Chula vista Human Services Council 2) South Bay Community Services Graffiti Eradication Community Development Program Casa Nuestra Teen Shelter CVPD Domestic Violence Intervention Team " 3) Boys and Girls Club of Chula vista Teen Outreach Program Public Address System Jb2/~/ THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain 0" nership interests. payments, or campaign contributiolls, on all matters \ b will require discretionary a :.:tion on the part of the Gty Council, Planning Commission, and all other oludal bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest in the contract, Le., contractor, subcontractor, material supplier. YMCA of San Diego County South Bay Family YMCA 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 3. If any person identified pursuant to (I) above is non-profit organization or a 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. "see attached list" 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes..!.... No _ If yes, please indicate person(s): Davi d Malcolm 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Richard A. Collato Tina Williams Alberta Hartung Gigi Michaels 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No...x... If yes, state which Councilrnember(s ): Person is dermed as: ':Any individual, firm, co-partnership, joint venture, association, social club, fraternal organizotion, corporatioll, estate, tJUs~ receiver, syndicme, this and any other county, city and country, city, municipality, district or other political subdivisioll, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) DatI': 7/ n JqJ. I I I () JJ . . . (j{/U;/-'A~A ,. (A'JJ!.6A./,.-'rt..,.; Signature of contractor/applicant ~hr,~-hY1a (. lJJ,'/liavJ'> Print or type name of contractor/applicant J t, j/ /) CJ (Revised 11/30/90) [e;;\ WP51 \COUNCIL \DlSCLOSE. TXT] THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or =paign contributions, on all m:1tters which will require discretionary action on the part of the City Council, Planning Commission, and all ~. ther or 'al bodies. The following information must be disck~ed: 1. List the names of all persons having a financial interest in. the contract, Le., contractor, subcontractor, material supplier. South Bay Community Services Inc. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals o'W-mng more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None .' 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the ~t. See attached Board roster ._.;, c~...=-.~':: ,:'.."'- ..:"""....__.~ "-,-. - --- - - - -- ~. .~.__.. . ... ;. -.._~- ~'. . _0" .~;;I...:,. :-._......... 4. Have you had more than $250 worth of business transacted with any.member of the City staff, -':f=~ Boards, Commissions, Committees and Council within the past twelve monthS? .yes...::.... ":':::,," ":-:. No 2.... If yes, please indicate person(s): " 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter." , Ka thryn Leinbo ' ". .... .......~.~ 6. , Have YOlland/or y~ur officers or agents, in the aggregate, 'contribut~d more than $1,000 io:a. ." Councilmember in the current or preceding election period? Yes -=- NoX ~'" If yes, 'state .Y'lllch ,d_ Councilmember(s): ,- " , Person is defined as: ".Any individwzl, firm, co-partnenhip, joint wnau-e. lZSSoci4licn, social club, fratona/ organization, corporalion, esrate, trust, n:ceiver; syndicau, this and any OIlier county, city and counJ1y, city, munidpality, district or otller political subdMsion, -, or any OIlier group or combination acting QS a unit.' ' . Date: 7/27/92 ;;-( ~ ignatilre ~ontractor/applicaiit , ~athrvn Lembo Print or type name of contractor/applicant , V~ /1 . ~:l1/30f'JOl Jd! L.... .,._____._-- (NOTE: Attach additional pages as necessary) [C;\ W1'Sl \ COUNCIL \DISCLOSE. TX'I'l THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contrir'Jtions, on all matters 'h will require discretionary action on the part of the City Council, Planning Cr:.mmission, and all other o~cial bodies. The following information must be disclosed: 1. list the names of all persons having a financial interest in the contract, i:e., contractor, subcontractor, material supplier. Bovs & Girls Club of Chula Vista 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE '. 3. If any person identified pursuant to (1) above is non-profit organization or a 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. See attached list 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. w. Scott Mosher ~nQ.::Ton M W,::llQ.h 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No XlL If yes, state which Councilmember(s): Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social dub, fraternal organizotion, corporation, estate, trus~ receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdil'isio,~ or any other group or combination acting as a unit.. (NOTE: Attach additional pages as necessary) Date: 08/18/92 w~ \t'i.~ Signature of contractor/applicant [C:\ WP51 \ COUNCIL\D1SCLOSE. TXT] w. Scott Mosher Pri~t or type name of contractor/applicant ) b V ~/-;.t [Revised 11(30/901 BOYS & GIRLS CLUB OF CHULA VISTA FISCAL YEAR 92-93 MEMBERS OF THE BOARD OF DIRECTORS VICE PRESIDENT Paul Kapler 2149 Bluewater Lane Chula Vista, CA 91913 Broker/Owner of ADMINISTRATION (Sharon) VICE PRESIDENT of George Krempl 319 E. James street Chula Vista, CA 91910 Deputy City Manager FINANCE (Mary) Janay Kruger 4660 La Jolla Village Drive, Suite K San Diego, CA 92122 Property Development/Rehabilitation I. Joseph Matacia (Emily) 550 Galveston Way Bonita, CA 91902-4062 Management Consultant Benjamin Richardson 971 Gallery Court San Diego, CA 92114 General Manager, Chula Vista Center Mary Slovinsky 310 "I" street Chula Vista, CA 91910 Attorney (Gustavo) PRESIDENT Sue Welsh 33 Prospect Court Chula Vista, CA 91911 child Care Administrator EXECUTIVE DIRECTOR Scott Mosher (Eloisa) 1301 Oleander Avenue Chula Vista, CA 91911 )61/~/;S Page 2 of 2 07/92