HomeMy WebLinkAbout2007/05/01 Item 6
CITY COUNCIL
AGENDA STATEMENT
:s'Yf:.. CITY OF
-- - - (HUlA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
May 1, 2007, Item iL
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA: A) APPROVING THE ANNUAL ACTION PLAN
FOR FY 2007-2008 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT
(HOME), AMERICAN DREAM DOWNPAYMENT (ADDI) AND
THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; B)
AUTHORIZING TRANSMITTAL OF 2007-2008 ANNUAL
ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD); C) INSTRUCTING STAFF TO
INCLUDE APPROPRIATIONS TO FUND THE ANNUAL ACTION
PLAN IN THE FY 2007-2008 PROPOSED BUDGET; D)
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PROJECT CONTRACTS FOR FISCAL YEAR 2007-2008
BETWEEN THE CITY OF CHULA VISTA AND VARIOUS
COMMUNITY GROUPS; AND, (E) AUTHORIZING THE CITY
MANAGER TO EXECUTE THE GRANT AGREEMENTS
BETWEEN THE CITY OF CHULA VISTA AND THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPME~:V
ACTING DIRECTOR OF CO~NITY DEVELOPMENTffl!'
INTERIM CITY MANAGER 'J'
4/STHS VOTE: YES D NO ~
As a Department of Housing and Urban Development (HUD) entitlement community, the
City receives funds under three Federal block grant programs: Community Development
Block Grant (CDBG); Emergency Shelter Grant (ESG); and the HOME Investment
Partnership Act (HOME) program, which includes the American Dream Downpayment
Initiative (ADDI) Set-Aside. The entitlement amounts are determined by a formula
based on statistical and demographic data. The funds are designed for cities to provide
decent housing and a suitable living environment, and to expand economic opportunities,
principally for low and moderate-income persons. Each entitlement community develops
their own programs and funding priorities.
On March 13,2007, the City Council held a Public Hearing to solicit input on the 2007-
2008 CDBG, HOME and ESG proposals. In addition, staff funding recommendations
were provided to Council. Final approval of the Annual Action Plan is necessary before
submission to HUD.
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May 1,2007, Item 10
Page 2 of 11
ENVIRONMENTAL REVIEW
All projects with the exception of the ADA Curb Ramps are deemed Exempt per the
National Environmental Protection Act Regulations. An environmental review will be
conducted on said project prior to the contract award.
RECOMMENDATION
That the City Council adopt a resolution:
A) Approving the 2007-2008 Annual Action Plan;
B) Authorizing transmittal of the documents to the U.S. Department of Housing and
Urban Development (HUD);
C) Instructing staff to allocate funds to the Annual Action Plan in the FY 2007-2008
City Proposed Budget;
D) Authorizing the City Manager to Execute the project contracts for fiscal year
2007-2008 between the City of Chula Vista and various community groups and
any necessary amendments for minor line item budget adjustments or necessary
programmatic changes to the Scope of Work; and,
E) Authorizing the City Manager to execute the Grant Agreements with HUD, and
any other programmatic functions necessary to administer the grants.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
FUNDING PRIORITIES
The City of Chula Vista's Five-Year Consolidated Plan is a comprehensive planning
document which identifies the City's needs in housing, homelessness, community and
economic development. The City is required by the U.S. Department of Housing and
Urban Development (HUD) to complete a Consolidated Plan every five years to receive
federal funds for the Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME), and Emergency Shelter Grant (ESG) programs. This plan was
most recently completed in 2005. In addition, the City is required to prepare an Annual
Action Plan which identifies a strategy for addressing the identified needs of the
community through the use of CDBG, HOME, ADDI, and ESG funds (Action Plan on
file with the City Clerk). This includes allocating funds for administration and planning,
capital improvements, community projects, public services, affordable housing, single-
family rehabilitation, and first-time homebuyer programs.
The funding priorities identified in both the five-year and annual planning documents are
accomplished with participation from the public as well as the City Council. This is done
through a minimum of two public hearings as well as comment periods for each of the
documents. The first public hearing for this Annual Plan was held by the City Council on
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May 1,2007, Item (0
Page 3 of 11
December 12, 2006 to review past performance and solicit input on priorities for the
upcoming fiscal year. The second public hearing was held on March 13, 2007 to receive
comments on draft funding recommendations for FY 2007-08. The 30- day comment
period for the Action Plan began on March 16 and ended April 17,2007. No comments
were received. In the fall of 2007 staff will conduct a workshop to report back on the
2006/2007 program year accomplishments as well as present proposed funding priorities
for fiscal year 2008/09. This workshop will provide council with the opportunity to
establish any new funding priorities and/or selection procedures.
This report reviews the 2007-2008 entitlement amounts as well as the requests for
funding received from various City departments and local organizations.
The pie chart below demonstrates to which funding priorities the City is allocating the
combined federal grants (CDBG, ESG and HOME). Following the chart, the federal
grants will be broken down individually, detailing the specific use of funds.
Administration/
Planning
160/.
Section 108
Payment .../
27%
Disabled Svcs.
1%
Youth Svcs.
5%
CIP's &
Code Enforcement
19%
----Senior Svcs. 1%
~ Homeless Svcs.
13%
Other Svcs.
2%
COMMUNITY DEVELOPMENT BLOCK GRANT
In order to be eligible for Community Development Block Grant funding, a project or
program must address at least one of the CDBG national objectives, which are: I) benefit
primarily low and moderate income families; 2) aid in the prevention or elimination of
slums or blight; and 3) meet other community needs such as a major emergency (natural
disasters, etc.).
For the 2007-2008 CDBG program, the City of Chula Vista will receive an entitlement of
$2,046,334. In addition, $50,464 of unencumbered funds will be included in the
allocation of CDBG funds totaling $2,096,798. The total dollar amount of CDBG
funding requests is summarized below and includes staff's funding recommendations. A
detailed listing of all funding requests and recommendations is included as Attachment
No. I to this report. The pie chart below demonstrates how the full amount of CDBG
6-3
May 1,2007, Item &
Page 4 of 11
funds will be distributed in 2007/08. In addition, a notebook has been provided which
includes the complete funding requests submitted by each of the applicants.
Administration and Planning
Public Services
CIP's and Community Enhancement Projects
Section J08 Loan Debt Service Payment
CIP's &
Code
Enforcement
28%
Section 108 Loan
Payment
37%
$410,446
$474,634
$889,915
$800,000
$409,266
$306,950
$580,582
$800,000
TOTAL
$2,574,995
$2,096,798
Administration/
Planning
20%
.
Public Services
15%
Administration and Planning: This amount includes administration and planning costs
related to the general management, oversight and coordination of the CDBG program.
No more than 20% of the annual entitlement may be obligated under this category. The
following is a sununary of the 2007-2008 CDBG Administration and Planning activities,
which total $409,266.
0/0 of Prior Year Recommended
Pro' ect Title Bud et Fundin Fundin
CDBG Program
dministration $ 369.266.00 $ 369,266.00 100% $ 370,532.00 $ 369,266.00
air Housing and Tenant-
Landlord Education $ 242,000.00 $ 39,000.00 100% $ 39,000.00 $ 39,000.00
Regional Task Force on the
omeless $ 487,977.00 $ 1,000.00 0.20% $ 1,000.00 $ 1,000.00
Tota $ 410,446.00 $ 409 266.00
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May 1, 2007, Item 10
Page 5 of 11
Public Services Category: The City received seventeen (17) eligible requests for public
services totaling $474,364. Based on the required 15 percent (15%) cap of the
entitlement funds ($2,046,334), the City may allocate up to $306,950 for public service
programs.
The funding requests received from all public service organizations were determined to
be CDBG-eligible, as they meet the national objective to primarily benefit low-income
families. Of the seventeen proposals received, staff recommends funding fifteen. All
have been funded in the past and have provided very valuable services in various
categories while adhering to all of the program regulations. There was no change in
priorities and no significant change was received in funding levels at the federal level, the
programs received similar funding as in prior years. The only new activity recommended
for funding is the MAAC Project - Financial Planning. Staff recommended funding this
project due to its consistency with the City's goals and objectives in serving youth. At
the March 13, 2007 meeting, Council expressed interest in assisting Southwestern
College find alternative funding for the Wheelchair Accessible Van. Subsequent to that
meeting, staff has connected Southwestern College with local Rotary Clubs for
alternative funding sources. In addition, staff redistributed $2,000 from the Child Care
Coordinator Program to the South Bay Community Services Food and Voucher Program,
per the Chula Vista's Elementary School District's request.
Distribution of Public Services Funds
. Other
24%
IilIYouth
51%
D Homeless
7%
D Senior
7"1.
. Disabled
11"10
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May 1,2007, Item(Q
Page 6 of 11
0/0 of
roject Total Project Recommended
TabPro'ect Title Bud et Bud et Fundin
amp Fire USA - Project
4 chieve $ 77,008.00 $ 25,000.00 32% $ $
5 ecreation WizKidz Pro am $ 19,208.22 $ 15,249.00 79% $ 12,299.00 $ 12,299.00
idCare Express III Medical
nit 324,633.00 $ 35,000.00 11% $ 27,000.00 $ 27,000.00
MAAC - Financial Plannin 115,900.00 $ 30,000.00 26% $ $ 21,000.00
SBCS - Prevention and
Diversion 1,866,975.00 7% $ 96,600.00
$ 125,000.00 $ 25,000.00 20% $ $ 11,000.00
$ 172,0430 20,000.00 11% $ $ 17,936.10
$ 30,300.00 4,000.00 13% $ 3,500.00 $ 3,500.00
$ 35,000.00 35,000.00 100% $ - $
84,000.00 $
South Bay Adult Day Health
13 Care $ 711,242.00
14 $ 180,310.00
SBCS - Food and Motel
15 Vouchers $ 799,400.00 $ 7,614.90 1% $ $ 7,614.90
16 SBCS - Thursda 's Meal $ 11,000.00 $ 10,000.00 91% $ 10,000.00 $ 10,000.00
Regional Shelter Voucher
17 Pro ram $ 180,000.00 3% $ 5,000.00
18 Child Care Coordinator $ 45,593.00 $ 45,593.00 100% $ 42,000.00 $ 40,000.00
Second Step Home
19 Communi Re- inte ation $ 65,292.00 $ 34,092.00 52% $ $
SBCS - Family Violence
20 Treatment $ 1,327,072.00 $ 35,700.00 3% $ 34,000.00 $ 34,000.00
Other Services Tota $ 115,385.00 $ 76,000.00
Public Services Tota $ 474,634.00 $ 306,950.00
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May 1,2007, Item I;
Page 7 of 11
Capital Improvement and Community Enhancement Category: The City has
historically allocated approximately $1.3 million of the CDBG entitlement amount to
fund capital improvements projects and code enforcement activities each year. Although
this category is not subj ect to a spending cap limit, the funding amount is limited and
determined by the residual amount after the distribution among the Administration and
Public Services categories. For 2007/08 the remaining amount is $1,380,582. These
funds are used to complete infrastructure improvements such as installation of new curbs,
gutters, sidewalks, ADA pedestrian ramps, public facility improvements, and code
enforcement activities in the low/moderate income areas of the City. In addition, the first
debt service payment for the Section 108 Loan will be issued through this year's CDBG
capital improvement category.
rojeet Total Amount Recommended
Tab ro'eet Title Bud et Re uested Fundin
21 DA Curb Cut Pro $ 430,582.00 $ 430,582.00 $ 430,582.00
Section 108 Loan
22 Re a ent $ - $ 800,000.00 $ $ 800,000.00
MAAC - Community
23 Center 1m rovement $ 150,000.00 $ 75,000.00 50% $ $
Castle Park Code
24 Enforcement Pro am $1,017,387.00 $ 300,000.00 29% $ 150,000.00 $ 150,000.00
25 $ 644,539.00 $ 100,000.00 16% $ $
Tota $ 1,705,582..00 $ 1,380,582.00
EMERGENCY SHELTER GRANT (ESG) PROGRAM
Chula Vista will receive Emergency Shelter Grant (ESG) entitlement funds in the amount
of $88,095 for fiscal year 2007-2008. The Emergency Shelter Grant (ESG) program is
designed to be the first step in a continuum of assistance to prevent homelessness and to
enable homeless individuals and families to move toward independent living. ESG is a
formula-funded program that uses the CDBG formula as the basis for allocating funds to
eligible jurisdictions. The City received a new applicant for ESG funds from the
Ecumenical Council of San Diego to assist in the provision of emergency winter shelter.
Staff recommended funding the Ecumenical Council of San Diego in addition to South
Bay Community Services. While South Bay Community Services provides homeless
services primarily to women, children, and families, the Ecumenical Council provides
services to a more general homeless population.
ESG A,ailable S88.095.00
~rojeet Total Amount %of Prior Year Recommended
Tab 'roieet Title Bud2et Requested BuMet Fundinp Fundin!>
cSG-06 Program
26 ~dministration $ 4,405.00 $ 4,405.00 100% $ 4,349.00 $ 4,405.00
Interfaith Shelter Network
27 Rotational Shelter $ 170,424.00 $ 10,350.00 6% $ - $ 10,350.00
28 :;SG - Casa Nueva Vida $ 799,400.00 $ 85,000.00 11% $ 82,644.00 $ 73,340.00
Tota $ 95,350.00 $ 88,095.00
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May 1,2007, Itemli
Page 8 of 11
HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM
The City will receive $948,334 in HOME funds from HUD for FY 2007-2008, which
includes $17,444 of set-aside funds for the American Dream Down Payment Program.
HOME funds may be used to provide affordable rental housing and ownership
opportunities through new construction, acquisition, rehabilitation, and tenant-based
rental assistance. Over the past seven-years the City has used these funds to support new
construction and acquisition activities related to the development of affordable housing.
This year, a new application was received from South Bay Community Services to
provide a rental assistance program.
HOME A,ailable $948,334,00
Project Total Amount 0/0 of Prior Year Recommended
Tab Project Title Bud2et Requested Bud2et Fundin2 Fundin2
29 HOME Proaram Administration $ 92,794.00 $ 92,794.00 100% $ 93,000.00 $ 93,089.00
30 Production of Affordable Hsng. n/a $520,153.00 n/a $404,321.00 $ 522,801.00
31 American Dream Down Pavrnent $ 17,444.00 $ 17,444.00 100% $ 17,444.00 $ 17,444.00
32 SBCS-Rental Assistance $ 424,708.00 $411,216.00 97% $ - $ 315,000.00
Tota $ 1,041,607 $ 948,334.00
PROJECT CONTRACTS
The U.S. Department of Housing and Urban Development (HUD) requires a written
contract between the City and each project/program funded through the CDBG, ESG and
HOME funds. HOME funds are primarily used for the provision of affordable housing,
and requests will be brought forward as projects are negotiated.
The Project contracts between the City and the Subrecipients cover the period from July
I, 2007 to June 30, 2008. Each contract has several exhibits attached which are
incorporated into the contract. Sample contracts including attachments (a) through (d),
are included as Attachments 2 and 3, respectively. The attachments to the agreements
are:
. Attachment A: The Scope of Work describes the service the agency will be
providing and the estimated number of people who will be provided each of these
services each month. This performance schedule will be used to monitor each
agency's progress in completing the scope of work. The Scope of Work includes an
Estimated Budget that details how the agency intends to expend the CDBG/ESG
funds. This itemized budget will be used to monitor expenditures throughout the
year. Minor adjustments to budget line items or necessary programmatic changes to
the Scope of Work will be handled administratively.
. Attachment B: Insurance Requirements describes the insurance requirements by
the City of Chula Vista.
. Attachment C: The HUn Income Limits for the San Diego Standard
Metropolitan and sample form (effective March 2007) will be used to determine the
number of low income households/persons served. Each program is required to serve
a minimum of 51 percent low-income persons/households. A sample form for
capturing this data is included in CDBG agreements.
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May 1,2007, Item 6
Page 9 of 11
. Attachment D: City of Chula Vista Third Party Disclosure Form. This form is
provided to Subrecipients to complete.
The request for the authority to execute contracts includes the following organizations for
the ose and amount stated:
Fair Housin Council of San Die 0
Regional Task Force on the
Homeless, Inc.
ood and Motel Vouchers
Thursda 's Meal
Re ional Shelter Voucher Pro
$
$
$
$
$
am$
South Ba
Child Care Coordinator
Family Violence Treatment
Pro am
Svcs.
$
Public Services Tota $
Svcs.
HOME Pro ram Tota $
27,000.00
21,000.00
96,600.0
11,000.0
3,500.0
11,000.0
12,000.0
5,614.90
10,000.00
3,000.00
$
42,000.00
34,000.00
276,714.90
315,000.00
The above list of contractors includes outside agencies and does not include City
administered projects or programs.
6-9
May 1,2007, ltem 6
Page 10 of 11
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this report and has determined that the
activities under the Administration and some Public Service programs of the CDBG,
HOME and ESG programs are not site specific and consequently the 500 foot rule found
in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision.
However, several Public Services programs and Capital Improvement and Community
Enhancement projects are site specific. For this reason, Staff has reviewed the property
holdings of the City Council and has found no property holdings within 500 feet of the
boundaries of the projects and programs.
In addition, all agencies entering into an agreement with the City for use of Federal Grant
funds have submitted a Third Party Disclosure form which are included as Attachment 4.
FISCAL IMPACT
For Fiscal Year 2007-2008, the City will allocate $2,096,798 in CDBG; $948,334 in
HOME and $88,095 in ESG, for a total of $3,133,227 in federal grant funds. The grant
funds will be appropriated in the FY 2007-2008 City Proposed Budget as follows:
Grant Program
(Budl!;ct Fund) Budl!;ct Catcgo'1 Amount
CDBG (333) Capital Improvement Proiects $430,582
CDBG (333) Other Pro2:Tams/Proiects $496,950
HOME (321) Other Programs/Proiects $855,245
CDBG (333) Debt Service Pavment $800,000
ESG (333) Other Programs/Proiects $83,691
CDBG (333) Administration $369,266
HOME (321) Administration $93,089
ESG (321) Administration $4,404
TOTAL $3,133,227
The above amount represents a 1 % reduction in CDBG and HOME funding. As
such, Administration for the CDBG and HOME program has been reduced. This will
result in an impact to the General Fund of approximately $5,000. These changes will be
reflected in the proposed fiscal year 2008 budget.
CDBG contracts, internal projects and administrative costs, totaling $2,096,798, will be
funded out of the City's 2007-2008 CDBG entitlement; HOME contracts totaling
$948,334 will be funded with HOME entitlement funds; and $88,095 from ESG
Entitlement funds, all from the Department of Housing and Urban Development. In the
remote event that HUD should withdraw the City's CDBG and HOME funding, the
agreements provide that the City is not obligated to compensate the Subrecipients for
program expenditures.
6-10
May 1, 2007, Itemb.
Page 11 of 11
ATTACHMENTS
1. 2007-2008 Funding Requests and Funding Levels
2. Sample CDBG Agreement (which includes the following attachments):
. Attachment A- Scope of Work
. Attachment B- Insurance Requirements
. Attachment C- HUD Income Limits 2007
. Attachment D- Disclosure Form
3. Sample Emergency Shelter Grant Contract (which will include attachments A through
B listed above)
4. Sample HOME Contract (which includes the following attachments)
5. Subrecipient Disclosure Forms
6. Sample HUD Contracts
Prepared by: Angelica Davis. Community Development Specialist 11, Community Development Dept.
6-11
2007/2008 Federal Grant Funding
Requests and Recommendations
CDBG- HOME - ESG
CDBG
Project Total Amount 0/0 of Prior Year Recommended
Tab Organization and Project Title Budoet Requested Budget Funding Funding
1 CDaG Pro2:ram Administration $ 369,266.00 $ 369.266.00 100% $ 370,532.00 $ 369,266.00
2 Fair Housing and Tentant-Landlord $ 242,000.00 $ 39,000.00 16% $ 39,000.00 $ 39,000.00
3 Homeless $ 487,977.00 $ 1,000.00 0.20% $ 1,000.00 $ 1,000.00
Total $ 409,266.00 $ 409,266.00
Project Total Amount % of Prior Year Recommended
Tab Organization Budget Requested Budget Funding Funding
4 Camp Fire USA - Proiect Achieve $ 77,008.00 $ 25,000.00 32% $ - $ -
5 Recreation WizKidz Program $ 19,208.22 $ 15,249.00 79% $ 12,299.00 $ 12,299.00
6 KidCare Exnress III Medical Unit $ 324,633.00 $ 35,000.00 11% $ 27,000.00 $ 27,000.00
7 MAAC - Financial Planninl:.': $ 115,900.00 $ 30,000.00 26% $ - $ 21,000.00
8 SBes - Prevention and Diversion $ 1,866,975.00 $ 131,000.00 7% $ 96,600.00 $ 96,600.00
Project Total Amount %of Prior Year Recommended
Tab Organization Budget Reouested Budget Funding Funding
Charles Cheneweth - Community
9 Access $ 125,000.00 $ 25,000.00 20% $ - $ 11,000.00
10 Recreation - Community Re-Entrv $ 20,000.00 $ 20,000.00 100% $ - $ 17,936.10
11 Chula Vista Veterans Home $ 30,300.00 $ 4,000.00 13% $ 3,500.00 $ 3,500.00
12 SWC - Accesible Van $ 35,000.00 $ 35,000.00 100% $ . $ -
~I $ 84,000.00 $ 32,436.10
~ ~
13 South Bay Adult Day Health Care $ 71 L242.00 $ 12,000.00
14 Meals-an-Wheels $ 180,310.00 $ 12,000.00 7% 1$ 12,000.00 $ 12,000.00
~ $ 24,000.00 $ 23,000.00
~799,40~00
15 SBCS - Food and Motel Vouchers $ 5,614.90 1% $ - $ 7,614.90
16 SBCS - Thursday's Meal $ 11,000.00 $ 10,000.00 91% $ 10,000.00 $ 10,000.00
17 Regional Shelter Voucher Program $ 180,000.00 $ 5.000.00 3% $ 5,000.00 $ 3.000.00
Homeless Services Total $ 15,000.00 $ 20,614.90
18 Child Care Coordinator $ 45.593.00 $ 45.593.00 100% $ 42.000.00 $ 40.000.00
Second Step Home Community Re-
19 inte2fation $ 65.292.00 $ 34.092.00 52% $ - $ -
20 SBCS - Family Violence Treatment $ 1,327,072.00 $ 35.700.00 3% $ 34,000.00 $ 34,000.00
Other Services Total $ 115,385.00 $ 74,000.00
Public Services Total $ 474,634.00 $ 306,950.00
Attachment No. 1
6-12
2007/2008 Federal Grant Funding (Cont.)
CDBG (Continued)
.
. , , .
" . . . " .' . . . ,,,
Project Total Amount %of Prior Year Recommended
Tab Project Title Budget Requested Budoet Funding Funding
21 ADA Curb Cut Pro Pram $ 430,582.00 $ 430,582.00 100% $ 209,130.00 $ 430,582.00
22 Section 108 Loan Renavment $ 800,000.00 $ 800,000.00 100% $ - $ 800,000.00
MAAC . Community Center
23 Improvement $ 150,000.00 $ 75,000.00 50% $ . $ -
Castle Park Code Enforcement
24 Prm!ram $ 1,017,387.00 $ 300,000.00 29% $ 150,000.00 $ 150,000.00
25 Housing Inspection $ 644,539.00 $ 100,000.00 16% $ - $ -
Total $ t,705,582.00 $ 1,380,582.00
ESG >\\ailable S88,095.00
Project Total Amount 0/0 of Prior Year Recommended
Tab Organization Budget Requested Budget Funding Funding
26 ESG.06 ProlITam Administration $ 4,405.00 $ 4,405.00 100% $ 4,349.00 $ 4,405.00
Interfaith Shelter Network Rotational
27 Shelter $ 170,424.00 $ 10,350.00 6% $ - $ 10,350.00
28 ESG - Casa Nueva Vida $ 799,400.00 $ 85,000.00 11% $ 82,644.00 $ 73,340.00
Total $ 95,350.00 $ 88,095.00
HOME A"ailable $948,334.00
Project Total Amount 0/0 of Prior Year Recommended
Tab Project Title Budget Requested Budget Funding Funding
29 HOME ProllTam Administration $ 93,089.00 $ 93,089.00 100% $ 93,000.00 $ 93,089.00
30 Production of Affordable Hsn.. n/a $ 520,153.00 n/a $ 404,321.00 $ 522,801.00
31 American Dream Down Payment $ 17,444.00 $ 17,444.00 100% $ 17,444.00 $ 17,444.00
32 SBeS-Rental Assistance $ 424,708.00 $ 411,216.00 97% $ . $ 315,000.00
Total $ 1,041,902.00 $ 948,334.00
Attachment No. 1
6-13
ellY OF
CHUlA VISTA
CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF
A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
[INSERT CONTRACTOR'S NAME}
[INSERT PROJECT NAME}
This Contract Number by and between the
hereinafter referred to os "Subrecipient") and the Citv of Chula
Vista (hereinafter referred to as "City") is effective on ("Effective
Date").
WIT N E SSE T H:
WHEREAS, there has been enacted into law the Housing and Community
Development Act of 1974 (the "Act"). the primary objective of which is the
development of viable urban communities by providing federal assistance for
community development activities in urban areas; and
WHEREAS, the City, is authorized to apply for and accept Community
Development grants; and
WHEREAS, City incorporated the Subrecipients's proposal for the project
described in Attachment "A" hereof (hereinafter referred to as the "Project")
into the City's Community Development Block Grant/HOME Investment
Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted
to the U.S. Deportment of Housing and Urban Development (HUD); and
WHEREAS, HUD has approved the City Annual Funding Plan for
Community Development Block Grant funds; and
WHEREAS, it is the desire of the Subrecipient and the City that the Project
be implemented by the Subrecipient; and
WHEREAS, the Subrecipient sholl undertake the same obligations to the
City with respect to the Project in the City's aforesaid Annual Funding Plan for
participation in the Community Development Block Grant program;
NOW THEREFORE, IT IS AGREED AS FOllOWS:
1. WORK TO BE PERFORMED: Subrecipient sholl implement the scope of work
("Scope of Work") described in Attachment A, hereof fully and in
accordance with the terms of the Annual Funding Plan approved by the
6-14
CDBG Contract
Page 1 of 11
,A.\.tc.c\-.woe.n+- No.2
City and submitted to HUD in application for funds to carry out the Project
and the Certifications which were submitted concurrently with the Annual
Funding Plan. The Annual Funding Plan and Certifications form is hereby
incorporated by reference into this contract fully as if set forth herein.
Subrecipient shall also undertake the same obligations to the City that the
City has undertaken to HUD pursuant to said Annual Funding Plan and
Certifications. The obligations undertaken by Subrecipient include, but
are not limited to, the obligation to as applicable comply with each of the
following as may be amended from time to time:
a. The Housing and Community Development Act of 1974 (Public Law
93-383, as amended, 42 USC S 5301, et seq.);
b. HUD regulations relating to Community Development Block Grants
(24 CFR 570.1. et seq.);
c. The regulations in 24 CFR Part 58 specifying other provisions of the
law that further the purposes of the National Environmental Policy
Act of 1969 and the procedures by which grantees must fulfill their
environmental responsibilities;
d. Title VI of the Civil Rights Act of 1964 (42 USC S 2000d): Title VII of the
Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil
Rights Act of 1968 (Fair Housing Act. 42 USC S 3601, et seq.); Section
109 of the Housing and Community Development Act of 1974:
Executive Order 11246, as amended (equal employment
opportunity); Executive Order 11063 (non-discrimination), as
amended by Executive Order 12259; and any HUD regulations
heretofore issued or to be issued to implement these authorities
relating to civil rights;
e. Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.c. 1701 u.
All section 3 covered contracts shall include the following clause
(referred to as the "section 3 clause"):
I. The work to be performed under this contract is subject
to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 12
U.S.c. 1701u (section 3). The purpose of section 3 is to
ensure that employment and other economic
opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are
recipients of HUD assistance for housing.
CDBG Controct
Page 2 of 11
6-15
II. The parties to this contract agree to comply with HUD's
regulations in 24 CFR part 135, which implement section
3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no
contractual or other impediment that would prevent
them from complying with the part 135 regulations.
ili. The Subrecipient agrees to send to each labor
organization or representative of workers with which the
Subrecipient has a collective bargaining agreement or
other understanding, if any, a notice advising the labor
organization or workers' representative of the
Subrecipient's commitments under this section 3 clause,
and will post copies of the notice in conspicuous
places at the work site where both employees and
applicants for training and employment positions can
see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job
titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the
name and location of the person(s) taking applications
for each of the positions; and the anticipated date the
work shall begin.
IV. The Subrecipient agrees to include this section 3 clause
in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause,
upon a finding that the sub-contractor is in violation of
the regulations in 24 CFR part 135. The Subrecipient will
not subcontract with any sub-contractor where the
Subrecipient has notice or knowledge that the sub
contractor has been found in violation of the
regulations in 24 CFR part 135.
v. The Subrecipient will certify that any vacant
employment positions, including training positions, that
are filled (1) after the Subrecipient is selected but
before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be
directed, were not filled to circumvent the
Subrecipient's obligations under 24 CFR part 135.
vi. Noncompliance with HUD's regulations in 24 CFR part
135 may result in sanctions, termination of this contract
for default, and debarment or suspension from future
HUD assisted contracts.
vii. With respect to work performed in connection with
section 3 covered Indian housing assistance, section
7(b) of the Indian Self-Determination and Education
CDBG Contract
Page 3 of 11
6-16
Assistance Act (25 USe. 450el also applies to the work
to be performed under this contract. Section 7{b)
requires that to the greatest extent feasible (i)
preference and opportunities for training and
employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-
owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of
compliance with section 7 (b).
viii. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1979, 42 USC S 4601. et seq.,
and regulations adopted to implement that Act in 49
CFR Part 24;
f. Office of Management and Budget ("OMB") Circular A-122
entitled "Cost Principles for Non-Profit Organizations"; OMB Circular
A-133 entitled "Audits of States, Local Governments, and Non-Profit
Organizations"; and OMB Circular A-110 entitled "Uniform
Administrative Requirement for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations."
g. Grant administration requirements as described in 24 CFR 570.504,
which requires Subrecipient to return any program income earned
by Subrecipient in carrying out the activities of this Contract to the
City.
Upon expiration of this Contract. Subrecipient shall transfer to the
City any Community Development Block Grant funds on hand at
the time of expiration and any accounts receivable attributable to
the use of Community Development Block Grant funds. Any real
property under Subrecipient's control acquired or improved in
whole or in part with Community Development Blo.ck Grant funds in
excess of $25,000 will either be:
i. Used to meet one of the CDBG National Objectives, as
defined in 24 CFR 570.208, and outlined by HUD until five
years after expiration of the contract: or
ii. Disposed of in a manner that results in the City being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non-Community Development Block Grant
funds for acquisition of. or improvement to, the property.
Reimbursement is not required after the five-year period
CDBG Contract
Page 4 of 11
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pursuant to 24 CFR 570.505.
Program income on hand at the time of closeout and subsequently
received shall continue to be subject to all applicable Community
Development Block grant Program eligibility requirements, 24 CFR
570.489, and provisions of this Contract.
h. 24 CFR 570.505 concerning use of real property;
i. The following laws and regulations relating to preservation of
historic places: National Historic Preservation Act of 1966 (Public
Law 89-665); the Historical and Archaeological Preservation Act of
1974 (Public Law 93-291); and Executive Order 11593;
j. The Labor Standards Regulations set forth in 24 CFR 570.603;
k. Labor Code section 1771 concerning prevailing wages;
I. The Hatch Act relating to the conduct of political activities [5 u.s.e.
3 1501, et seq.);
m. The Flood Disaster Protection Act of 1973 [42 U.S.e. 3 4001, et seq"
and the implementing regulations in 44 CFR Parts 59-78);
n. The Rehabilitation Act of 1973 (Public Law 93-112) as amended,
including Section 504 which relates to nondiscrimination in federal
programs and HUD 24 CFR Part 8;
o. The Clean Air Act (42 U.S.e. 3 7401, et seq.) and the Federal Water
Pollution Control Act, as amended (33 u.s.e. 3 1251, et seq.) and
the regulations adopted pursuant thereto (40 CFR Part 6);
p. The Drug-Free Workplace Act of 1988 (Public Law 100-690);
q. The Lead-Based Paint Poisoning Prevention Act, the Residential
Lead-Based Paint Hazard Reduction Act of 1992, and
implementing regulations at 24 CFR Part 35;
r. No member, officer or employee of the Subrecipient, or its
designee or agents, no member of the governing body of the
locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or
for one year thereafter, shall have any interest, direct, or indirect, in
any contract or subcontract, or the process thereof, for work to be
performed in connection with the program assisted under the
Grant, and that it shall incorporate. or cause to be incorporated, in
all such contracts or subcontracts a provision prohibiting such
CDBG Contract
Poge 5 of 11
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interest pursuant to the purposes of this certification.
s. The Subrecipient certifies, that in accordance with Section 319 of
Public Law 101-121, to the best of his or her knowledge and belief
that:
i. No federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer
or employee of Congress, in connection with the awarding
of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any
cooperative contract, and the extension, continuation,
renewals, amendment, or modifications of any federal
contract, grant loan, or cooperative contract.
ii. If any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a member of Congress, or an employee of a
member of Congress in connection with this federal
contract, grant, loan, or cooperative contract, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its
instructions.
t. The Architectural Barriers Act of 1968 (42 U.S.c. S 4151, et seq.):
u. The Americans with Disabilities Act (42 U.S.c. S 12101); and
v. The bonding requirements described in 24 CFR Part 85.36 required
for construction or facility improvement contracts or subcontracts that exceed the
simplified acquisition threshold (defined at 41 U.S.c. 403(11 )). These requirements
are further described in Attachment A, which is attached hereto and
incorporated by reference.
w. Subrecipient shall hold Citv harmless and indemnify Citv aaainst
any harm that it mav suffer with respect to HUD on account of anv failure on the
part of the Subrecipient to complv with the reauirements of any such obliaation.
2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all
applicable local, state, and federal laws, regulations, and ordinances when
performing the work required by this Contract.
3. COMPENSATION:
for work
reimbursement of
City shall reimburse Subrecipient for the costs it incurs
Contract, not to exceed a maximum
Subrecipient shall not submit claims to the
CDBG Contract
Page 6 of 11
6-19
City nor shall City reimburse Subrecipient for costs for which Subrecipient is
reimbursed from a source other than the funds allocated for work under this
Contract.
4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly
progress payments upon submittal by Subrecipient of a certified statement of
actual expenditures incurred, provided, however, that not more than 90% of the
total agreed compensation will be paid during the performance of this Contract.
The balance due shall be paid upon certification by Subrecipient that all of the
required services have been completed. Payment by City is not to be construed
as final in the event HUD disallows reimbursement for the project or any portion
thereof. The 10% retention will not apply to acquisition or service contracts.
5. INDIRECT COSTS: If indirect costs are charged, the Subrecipient will
develop an indirect cost allocation plan for determining the appropriate
Subrecipient's share of administrative costs and shall submit such plan to the City
for approval.
6. EXPENDITURE STANDARD: To insure effective administration and
performance of approved Community Development Block Grant projects and
to meet HUD performance standards, Subrecipient shall demonstrate reasonable
progress on implementation of the project, expending all contracted funds
within the term of the contract. In the event all funds are not expended within
the term period, the City shall notify the Subrecipient of the expenditure
deficiency. Subrecipient will have a total of 60 days from the date of the City's
written notification to correct the deficiency. If the deficiency is not corrected
within that time, Subrecipient agrees that the City may reallocate the amount of
the expenditure deficiency.
7. TERM: This contract shall commence when executed by the parties
and shall continue in effect until terminated as provided herein or until
Subrecipient has carried out all its obligations under the contract. Services of
the Subrecipient shall start on the 1 sl day of July, 2007 and end on the 30th day of
June of 2008. With City approval, the term of this Agreement and the provisions
herein shall be extended to cover any additional time period during which the
Subrecipient remains in control of CDBG funds or other CDBG assets, including
program income.
8. TERMINATION FOR CONVENIENCE: The City may permit the
agreement to be terminated for convenience in accordance with 24 CFR 85.44.
9. AUTOMATIC TERMINATION: This Contract shall terminate at the
discretion of the City if the United States Government terminates the Community
Development Block Grant Program or terminates the Project that is the subject of
this Contract.
1 O. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City
recognize that the City is the governmental entity which executed the grant
CDBG Contract
Poge 7 of 11
6-20
agreement received pursuant to the City's application and that City is
responsible for the proper performance of the Project. If Subrecipient fails to fulfill
in a timely and proper manner its obligations under this Contract to undertake,
conduct or perform the Project identified in this Contract, or if Subrecipient
violates any state laws or regUlations or local ordinances or regulations
applicable to implementation of the Project, or if Subrecipient violates any
provisions of this contract, City shall have the right to terminate this contract by
giving at least five days written notice to Subrecipient of the effective date of
termination. Even if City terminates the Contract, Subrecipient shall remain liable
to City for all damages sustained by City due to Subrecipient's failure to fulfill any
provisions of this Contract, and city may withhold any reimbursement payments
form Subrecipient for the purpose of set-off until the exact amount of damages
due to City from Subrecipient is determined. Subrecipient hereby expressly
waives any and all claims for damages for compensation arising under this
contract except as set forth in this section in the event of such termination.
11. CONTRACT ADMINISTRATION: The City Manager of
Vista, shall administer this Contract on behalf of the City.
administer this contract on behalf of the Subrecipient. Within a reasonable time
after the City makes a request, Subrecipient shall give the City progress reports or
other documentation as required by the City's Administrator to audit
Subrecipient's performance of this Contract.
12. RECORDS AND REPORTS: The Subrecipient shall maintain records and
make such reports as required by the City of Chula Vista, to enable the City to
analyze $ubrecipient's project. All records of the Subrecipient related to this
Contract or work performed under the Contract shall be open and available for
inspection by HUD and/or City monitors and auditors during normal business
hours.
13. RETENTION: The Subrecipient shall retain all financial records,
supporting documents, statistical records, and all other records pertinent to the
Agreement for a period of five (5) years. The retention period begins on the date
of the submission of the Grantee's annual performance and evaluation report to
HUD in which the activities assisted under the Agreement are reported on for the
final time. Notwithstanding the above, if there is litigation, claims, audits,
negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be
retained until completion of the actions and resolution of all issues, or the
expiration of the five-year period, whichever occurs later.
14. DATA: The Subrecipient shall maintain data demonstrating eligibility
(low-moderate locations) for services provided. Such data shall include. but not
be limited to exact location of the work performed, and a description of service
provided. Such information shall be made available to City monitors or their
designees for review upon request.
CDBG Contract
Page 8 of 11
6-21
15. DISCLOSURE: The Subrecipient understands that client information
collected under this contract is private and the use or disclosure of such
information, when not directly connected with the administration of the City's or
Subrecipient's responsibilities with respect to services provided under this
contract, is prohibited by the state of Federal law privacy laws unless written
consent is obtained from such person receiving service and, in the case of a
minor, that of a responsible parent/guardian.
16. QUARTERLY REPORTS/ANNUAL REPORT: Subrecipient shall provide the
City with a quarterly report, submitted no later than 15 days after the last day of
the previous quarter, which includes a narrative of the services provided,
progress towards meeting the timeline goals stated in the contract, and an
itemized accounting of the expenditures of CDBG funds during the previous
quarter. Failure to submit quarterly reports in a timely manner will result in
withholding of CDBG funds until the report has been submitted.
. Quarterly Performance Report due dates are: October 15, January
15, and April 15
. Annual Performance Report (CAPER) due date is: July 15
17. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall
defend and indemnify City and its officers, agents, employees and volunteers
against any and all claims, deductibles, self-insured retentions, demands, liability,
judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses,
damages, expenses, changes or costs of any kind or character, including
attorneys' fees and court costs by this Contract arising either directly or indirectly
from any act, error, omission or negligence of Subrecipient or its officers,
employees, agents, Subrecipients, licensees or servants, including without
limitation, claims caused by the concurrent act, error, omission or negligence,
whether active or passive, of City, and/or its agents, officers, employees or
volunteers. However, Subrecipient shall have no obligation to defend or
indemnify City from a claim if it is determined by a court of competent
jurisdiction that such claim was caused by the sole negligence or willful
misconduct of City or its agents or employees.
Subrecipient and its successors, assigns, and guarantors, if any, jointly and
severally agree to indemnify, defend (with counsel selected by City) reimburse
and hold City and its officers, employees and agents harmless from any claims,
judgments, damages, penalties, fines, costs, liabilities (including sums paid in
settlement of claims) or loss, including attorneys' fees, consultant's fees, and
experts' fees which arise during or after the contract term for any losses incurred
in connection with investigation of site conditions, or any cleanup, remedial,
removal or restoration work required by any hazardous materials laws because
of the presence of hazardous materials, in the soil, ground water or soil vapors on
the premises, and the release or discharge of hazardous materials by
Subrecipient during the course of any alteration or improvements of the Premises
by Subrecipient, unless hazardous materials are present solely as a result of the
gross negligence or willful misconduct of City, its officers, employees or agents.
CDBG Contract
Page 9 of 11
The indemnification provided by this section shall also specifically cover costs
incurred in responding to:
a. Hazardous materials present or suspected to be present in the
soil, ground. water to or under the Property before the commencement date;
b. Hazardous materials that migrate, flow, percolate, diffuse, or in
any way move on to or under the Property following the commencement date;
c. Hazardous materials present on or under the Property as a result
of any discharge, release, dumping, spilling (accidental or otherwise), onto the
Property during or after the term of this Contract by any person, corporation,
partnership or entity other than City.
The foregoing indemnities shall survive the expiration or termination of the
contract any or any transfer of all or any portion of the Premises, or of any
interest in this Contract and shall be governed by the laws of the State of
California.
18. AUDIT COSTS: Subrecipient shall reimburse City for all costs incurred to
investigate and audit Subrecipient's performance of its duties under the
Contract if Subrecipient is subsequently found to have violated the terms of the
Contract. Reimbursement shall include all direct and indirect expenditures
incurred to conduct the investigation or audit. City may deduct all such costs
from any amount due Subrecipient under this Contract.
19. ENTIRE AGREEMENT: This Contract constitutes the entire agreement of
the parties and supersedes any previous oral or written understandings or
contracts related to the matters covered herein.
20. MODIFICATION. This Contract may not be modified except by written
amendment executed by each party.
21. ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City
of Chula Vista as the source of funding, or, if applicable, one of the sources of
funding in public announcements that are made regarding the Project.
Acknowledgement of the City's funding roles, for example, should be included in
publicity materials related to the Project. In addition, Subrecipient agrees that
the City shall be apprised of any special events linked to the Project so that a
review can be made on what role, if any, the City would assume.
22. INSURANCE: Subrecipient agrees to comply with the insurance
requirement set forth in Attachment "A."
23. NO WAIVER: No failure, inaction, neglect or delay by City in exercising
any of its rights under this Contract shall operate as a waiver, forfeiture or
abandonment of such rights or any other rights under this Contract.
CDBG Contract
Page 10 of 11
6-23
24. NOTICE: Any notice or notices required or permitted to be given
pursuant to this Contract shall be personally served by the party giving notice or
shall be served by certified mail. Notices shall be sufficient if personally served on
or if sent by certified mail, postage prepaid, addressed to:
Subrecipient:
City:
City of Chula Vista Housing Manager
Community Development Department
276 Fourth Avenue
Chula Vista, CA 91910
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
written above.
CITY OF CHULA VISTA
Jim Thomson
Interim City Manager, City of Chula Vista
APPROVED AS TO FORM
Ann Moore
City Attorney
ATTEST
City Clerk
Insert Name of Subrecipient
Print Name of Executive Director or
Designee, Title
CDBG Contract
Page 11 ot 11
6-24
ATTACHMENT A
SCOPE OF WORK
(Insert Name of Subrecioient (SUBRECIPIENT) has a certain project to be
implemented with Community Development Block Grant (CDBG) Program funds.
The work to be accomplished includes the following:
. Insert activities
Performance Measurement: (insert performance measurement) Assist
low-moderate income Chula Vista residents.
CDBG National Obiective: Activity must benefit Chula Vista residents where at
least 51 percent of the beneficiaries are low and moderate income persons.
A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and
reasonable efforts to implement the project in compliance with the
following estimated implementation schedule, or earlier:
(Insert Date)
B. ESTIMATED BUDGET: SUBRECIPIENT shall make all good faith and
reasonable efforts to complete the work under this Contract within the
following estimated budget. In no case shall SUBREClPIENT be entitled to,
nor shall City reimburse SUBRECIPIENT, for more than S for work
performed under this Contract.
Insert Line Item Budget
Insert Special Conditions:
In addition to the required quarterly reports identified in Section 12 of this
CONTRACT, the Subrecipient shall document all clients served to ensure that at
least 51 percent of those served are at or below 80 percent of the Area Median
Income as established by the U.S. Department of Housing and Urban
Development (HUD). This information is to be collected and compiled at the
end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and
shall be submitted to the City of Chula Vista Community Development
Department upon receipt of a written request and at the time of any monitoring
of project records.
Attachment C is a sample form to assist the Subrecipient in meetina this reportina
reauirement.
Attachment "A"
Scope of Work
6-25
0lY OF
CHUlA VISTA
ATTACHMENT B - #1
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under
the contract and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors and provide documentation of same
prior to commencement or work. The insurance must be maintained for the duration
of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
[occurrence Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, code1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1 . General Liability:
[Including operations,
products and completed
operations, as
applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
insurance with a general aggregate limit is used, either
the general aggregate limit must apply separately to this
project/location or the general aggregate limit must be
twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property
damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its
Attachment "B"
Insurance Requirements
6-26
officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or
be endorsed to contain, the following provisions:
,. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on
behalf of the contractor, where applicable, and, with respect to liability
arising out of work or operations performed by or on behalf of the
contractor including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional
insured coverage must be provided in the form of an endorsement to the
contractor's insurance using ISO CG 2010 (11/85) or its equivalent.
Specifically, the endorsement must not exclude Products / Completed
Operations coverage.
2. The contractor's insurance coverage must be primary insurance as it
pertains to the City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the
insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state
that coverage will not be canceled by either party, except affer thirty
(30) days' prior wriHen notice to the City by certified mail, return receipt
requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b)
of Section 2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the
City for each required policy providing coverage during the life of this
contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admiHed to transact business in the
State of California with a current A.M. Best's rating of no less than A V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X.
Exception may be made for the State Compensation Fund when not specifically
rated.
Attachment "6"
Insurance Requirements
6-27
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required
by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the
contract requirements.
All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements evidencing
the coverage required by these specifications.
Subcontractors
Contractor must include all subcontractors as insureds under its policies or
furnish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors are subject to all of the requirements included in
these specifications.
Attachment "8"
Insurance Requirements
6-28
ATTACHMENT C
HUD INCOME LIMITS 2007-CITY OF CHULA VISTA
39,300.00
24,550.00
$
14,750.00
2
44,950.00
28,100.00
$
16,850.00
3
$ 50,550.00
31,600.00
$
18,950.00
4
$ 56,150.00
35,100.00
21,050.00
5
$ 60,650.00
37,900.00
22,750.00
6
65,150.00
$
40,700.00
$
24,400.00
7
$ 69,650.00
43,500.00
$
26,100.00
8
74,1000.00
$
46,350.00
$
27,800.00
Attachment "e"
HUD Income Limits
6-29
ATTACHMENT C (Continued)
CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE
Your cooperation in filling out this form is requested. Record keeping on income of participants
in the program is a condition of receipt of federal funds for the program. The
information provided on this form will remain confidential but may be subjected to verification
by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary.
1. What is the total number of persons in your household?
2. What is the total combined annual income of all members of your household? (Please
check one line below.) -
_Below $39,300 _$60,651-$65,150
_$39,301-$44,950 _$65,151-$69,650
_$44,951-$50,550 _$69,651-$74,100
_$50,551-$56,150 _Over $74,101
_$56,151-$60,650
(NOTE: The above information is for 2007 and changes each calendar year. To obtain
updated information go to htto://www.huduser.ora/datasets/il.htmland search for
income limits for the San Diego area.)
3. Please check the box below that best describes vour familv.
RACE CATEGORIES HISPANIC/
ETHNICITY
Check One Race Category Only Check Only If
Also Hispanic
White
Black/ African American
Asian
American Indian/Alaska Native
Native Hawaiian/ Other Pacific Islander
Multi-Racial:
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/ African American AND White
American Indian/Alaska Native AND Black/African
American
Other Multi-Racial
Name:
(Print)
Household Address:
Telephone Number:
Signature:
Note: Name, address, telephone and signature are optional. An unique identifier may be used to trace client served\
to meet CDBG limited clientele requirement.
Attachment "c"
HUD Income Limits
6-30
Attachment "D"
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of
the City, a statement of disclosure of certain ownership of financial interests, payments,
or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
1 . List the names of all persons having a financial interest in the project that is
the subject of the application or the contract. e.g.. owner. applicant,
contractor, subcontractor, material supplier.
2. If any person' identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
3. If any person' identified pursuant to (1) above is a non-profit organization or
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultaFlts,
or independent contractors you have assigned to represent you before the
City in this matter.
5. Has any person' associated with this contract had any financial dealings with
an official" of the City of Chula Vista as it relates to this contract within the
past 12 months? Yes_ No_
Attachment "D"
Disclosure Form
6-31
If Yes, briefly describe the nature of the financial interest the official** may
have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chula Vista City Council? No_ Yes_ If
yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an
official** of the City of Chula Vista in the past twelve (12) months? (This
includes being a source of income, money to retire a legal debt, gift, loan,
etc.) Yes No_
If Yes, which official** and what was the nature of item provided?
Date:
Signature of Subrecipient/
Contractor/Applicant
Print or type name of Subrecipient/
Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other group
or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City,
employee, or staff members.
Attachment "0"
Disclosure Form
6-32
mY OF
CHULA VISTA
CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN
EMERGENCY SHELTER GRANT PROJECT
[INSERT CONTRACTOR'S NAME]
[INSERT PROJECT NAME]
This Contract is entered into by and between
Vista (City) on July 1,2007.
[Contractor) and the City of Chula
WIT N E SSE T H:
WHEREAS, there has been enacted the Emergency Shelter Grants (ESG) Program contained in
subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the" Act", 42 U .S.C. 11361, et
seq.). The ESG Program authorizes the Secretary, U.S. Department of Housing and Urban Development
(HUD), to make grants to States, units of general local government, territories, and Indian Tribes for the
rehabilitation or conversion of buildings for use as emergency shelter for the homeless: for payment of
certain operating expenses and essential services in connection with emergency shelters for the
homeless; and for homeless prevention activities; and
WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the
undertaking of essential ESG activities; and
WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment
"A" hereof [the "Project") into the City's Community Development Block Grant/HOME Investment
Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to HUD: and
WHEREAS, Chula Vista City Council approved the Project on April 17,2007 and HUD has
approved the City Annual Funding Plan (AFP) for the ESG funds.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED: Contractor shall implement the Project described in
Attachment "A" hereof (the "Scope of Work") fully in accordance with the terms of the AFP approved
by the City and submitted to HUD in application for funds to carry out the Project and the certifications
which were submitted concurrently with the AFP ["Certifications"). The AFP and Certifications form is
hereby incorporated by reference into this Contract fully as if set forth herein. Contractor shall also
undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP
and Certifications. Contractor's obligations include, but are not limited to, compliance with the current
and most up-to-date version of each of the following:
(a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11361, et seq.) as amended:
(b) HUD regulations relating to ESG Program [24 CFR Part 576);
6-33
ESG Contract
Page 1 of 8
MoCht0etr\- t--b. 3
(c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR
576.57, subd. (e));
(d) Title VI of the Civil Rights Act of 1964 (42 USC S 2000d); Title VII of the Civil Rights Act of
1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC S
3601, etseq.); S 109 of the Housing and Community Development Act of 1974; Executive
Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as
amended by Executive Order 12259; and any HUD regulations heretofore issued or to be
issued to implement these authorities relating to civil rights;
(e) Section 3 of the Housing and Community Development Act of 1974, includes:
(1) The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.s.e. 1701 u). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low-
and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135
regulations.
(3) The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining contract or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work
shall begin.
(4) Contractor shall include the section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and shall take appropriate action,
as provided in an applicable provision of the subcontract or in this section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. Contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR Part 135.
(5) Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract
ESG Contract
Page 2 of 8
6-34
is executed, and (2) with persons other than those to whom the regulations of 24
CFR Part 135 require employment opportunities to be directed, were not filled to
circumvent Contractor's obligations under 24 CFR part 135.
(6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
(7) With respect to work performed in connection with section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this
contract. Section 7(b) requires that to the greatest extent feasible (i) preference
and opportunities for training and employment shall be given to Indians, and (II)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
(f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42
USC S 4601. and implementing regulations at 49 CFR Part 24;
(g) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-Profit
Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of
States, Local Governments, and Non-Profit Organizations" and with Office of
Management and Budget Circular A-l1 0 entitled" Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations.";
(h) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set
forth in 42 u.s.e. 11375;
(i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter;
(j) The following laws and regulations relating to preservation of historic places: National
Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical
Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593;
(k) The Labor Standards Regulations set forth in 24 CFR 570.603;
(I) The Architectural Barriers Act of 1968 (42 U.S.C. S 4151, et seq.);
(m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.);
(n) The Flood Disaster Protection Act of 1974 (42 USC S 4106 and the implementing
regulations in 44 CFR parts 59 through 79;
ESG Contract
Page 3 of 8
6-35
(0) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504
which relates to nondiscrimination in federal programs and HUD regulotions set forth in 24
CFR Part 8.
(p) The Clean Air Act (42 U.S.c. S 7401, et seq.) and the Federal Water Pollution Control Act,
as amended (33 U.S.C. S 1251, etseq.) and the regulations adopted pursuant thereto (40
CFR, Part 6); -
(q) The Drug-Free Workplace Act of 1988 (Public Law 100-690);
(r) Contractor will adopt a policy consistent with Board of Supervisors' Policy B-39a,
"Disabled Veterans Business Enterprise Program", in order to insure that every effort is
made to provide equal opportunity to every disabled veteran business vendor,
contractor and subcontractor;
[s) No member, officer or employee of the Contractor, or its designee or agents, no member
of the governing body of the locality in which the program is situated, and no other
public official of such locality or localities who exercises any functions or responsibilities
with respect to the program during his/her" tenure or for one year thereafter, shall have
any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for
work to be performed in connection with the program assisted under the Grant, and that
it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a
provision prohibiting such interest pursuant to the purposes of this certification;
(t) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the
best of his or her knowledge and belief that:
[1) No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or
employee of Congress, in connection with the awarding of any federal contract,
the making of any federal grant, the making of any federal loan, the entering into
of any cooperative contract, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
contract.
(2) If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative contract, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
2. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state, and
local laws, regulations, and ordinances when doing the work required by this Contract.
3. COMPENSATION: City shall reimburse Contractor for the costs it incurs for work performed
under this Contract not to exceed a maximum reimbursement of SCinsertl. Contractor shall not submit
ESG Contract
Page 4 of 8
6-36
claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a
source other than the funds allocated for work under this Contract.
4. COMPENSATION SCHEDULE: City shall pay Contractor monthly progress payments upon
certification and submittal by Contractor of a statement of actual expenditures incurred, provided,
however, that not more than 90% of the total agreed compensation will be paid during the
performance of this Contract. The balance due shall be paid upon certification by Contractor that all
of the required services have been completed. Payment by City is not to be construed as final in the
event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not
apply to acquisition or service contracts.
5. EXPENDITURE STANDARD: In order to insure effective administration and performance of
approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall
expedite implementation of the Project described herein. In the event all funds are not expended
timely within the term period, the City shall notify the Contractor of the expenditure deficiency.
Contractor will have a total of 60 days from the date of the City's written notification to correct the
deficiency. If the deficiency is not corrected within that time, Contractor agrees that the City may
reallocate the amount of the expenditure deficiency.
6.
30,2008.
TERM: This Contract shall commence on July 1, 2007 and shall continue in effect until June
7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by either party after
thirty (30) days' written notice of intent to terminate has been given to the other party. However, no
notice of termination given by Contractor shall be effective unless HUD has agreed to release City from
its obligations pursuant to the Project.
8. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the
United States Government terminates the ESG Program or the Project.
9. TERMINATION OF CONTRACT FOR CAUSE: Contractor and City recognize that the City is
the governmental entity which executed the grant agreement received pursuant to the City's
application and that City is responsible for the proper performance of the Project. If Contractor fails to
fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform
the Project identified in this Contract, or if Contractor violates any state laws or regulations or local
ordinances or regulations applicable to implementation of the Project, or if Contractor violates any
provisions of this contract. City shall have the right to terminate this contract by giving at least five days
written notice to Contractor of the effective date of termination. Even if City terminates the Agreement,
Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to
fulfill any provisions of this Contract, and City may withhold any reimbursement payments from
Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is
determined. Contractor hereby expressly waives any and all claims for damages for compensation
arising under this contract except as set forth in this section in the event of such termination.
10. CONTRACT ADMINISTRATION: The City Manager, shall administer this Contract on behalf
of the City. The (Insert Name of ContractorLshall administer this contract on behalf of the Contractor.
Within a reasonable time after the City makes a request, Contractor shall give the City progress reports
ESG Contract
Page 5 of 8
6-37
or other documentation as required by the City's Contract Administrator to audit Contractor's
performance of this Contract.
11. RECORDS AND REPORTS: The Contractor shall maintain records and make such reports as
required by the City Manager to enable the City to analyze Contractor's project. All records of the
Contractor related to this Contract or work performed under this Contract shall be open and available
for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained
for a period of at least four (4) years after the end of the grant term.
12. QUARTERLY REPORTS/CONSOLlDA TED ANNUAL PERFORMANCE EVALUATION REPORT
rCAPER): Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15)
days after the last day of the previous quarter, which includes a narrative of the services provided,
progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the
expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In
addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER
report in a timely manner will result in withholding of ESG funds until the report has been submitted.
Quarterly Report due dates are: October 15, January 15 , April 15, July 15.
CAPER due date is July 15, 2008
13. INDEMNIFICATION: City shall not be liable for, and Contractor shall defend and indemnify
City and its officers, agents, employees and volunteers, against any and all claims, deductibles, self-
insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor
disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys; fees
and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work
covered by this Contract arising either directly or indirectly from any act, error, omission or negligence
of Contractor or its officers, employees, agents, contractors, licensees or servants, including without
limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or
passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no
obligation to defend or indemnify City from a Claim if it is determined by a court of competent
jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents
or employees.
Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to
indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees,
and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including
sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees
which arise during or after the contract term for any losses incurred in connection with investigation of
site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous
materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors
on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by
Contractor during the course of any alteration or improvements of the Premises of Contractor, unless
hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its
officers, employees, or agents. The indemnification provided by this section shall also specifically cover
costs incurred in responding to:
ESG Contract
Page 6 of 8
6-38
[a) Hazardous materials present or suspected to be present in the soil, ground water to or
under the Property before the Commencement date:
[b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or
under the Property following the Commencement Date: or
[c) Hazardous materials present on or under the Property as a result of any discharge,
release, dumping, spilling (accidental or otherwise), onto the Property during or after the
Term of this contract by any person, corporation, partnership or entity other than City.
The foregoing environmental indemnities shall survive the expiration or termination of the
Contract, any or any transfer of all or any portion of the Premises, or of any interest in this Contract, and
shall be governed by the laws of the state of California.
14. AUDIT COSTS: Contractor shall reimburse City for all costs incurred to investigate and audit
Contractor's performance of its duties under the Contract if Contractor is subsequently found to have
violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures
incurred to conduct the investigation or audit. City may deduct all such costs from any amount due
Contractor under this Contract.
15. PRECEDENCE: This Contract constitutes the entire agreement of the parties and
supersedes any previous oral or written understandings or contracts related to the matters covered
herein. This Contract may not be modified except by written amendment executed by each party.
16. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract
shall be personally served by the party giving notice or shall be served by certified mail. Notices shall
be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to:
/II
1/1
1/1
[Singature Page to Follow]
ESG Contract
Page 7 at 8
6-39
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
CITY OF CHULA VISTA
Jim Thomson
Acting City Manager, City of Chula Vista
APPROVED AS TO FORM
Ann Moore
City Attorney
ATTEST
City Clerk
(Insert Name of Contractor)
(Insert Narne of Executive Director or Designee)
ESG Contract
Page 8 of 8
6-40
01Y Of
CHULA VISTA
HOME Investment Partnerships Program
City of Chula Vista
By and between the
City of Chula Vista
And
(Insert Name of Organization)
I. Grant Aareement
A. This Grant Agreement, hereinafter called "Agreement" is between the
City of Chula Vista, hereinafter called the "City" and South Bay
Community Services hereinafter called the "Contractor". This
Agreement consists of the body and the following attachment, which
is incorporated herein: Attachment A - Scope of Services.
B. Together, they embody the entire Agreement between the City and
Contractor with the respect to this grant program. All prior
agreements, representations, statements, negotiations, and
understandings with respect to this program are superseded hereby.
II. Authority
A. This Agreement is financed in part through a grant provided to the City
of Chula Vista by the United States Department of Housing and Urban
Development (HUD) under Title II of the National Affordable Housing
Act of /990, hereinafter called "the Federal Act." As provided in the
Federal Act, the City of Chula Vista has elected to administer the
federal program of HOME InvestmentPartnerships Program, hereinafter
called "HOME."
B. The City, in accordance with provisions of "the Federal Act," has
entered into this Agreement with the Contractor and allotted funds for
the purpose of supporting the City's HOME Program.
C. In the event of changes in any applicable Federal regulations and/or
law, this Agreement shall be deemed to be amended when required
to comply with any law so amended.
III. Descriotion of Activities
The Contractor agrees to perform the work specified in the Attachment A
and in compliance with the requirements of 24 CFR Part 92 and the City
Tenant Based Rental Assistance program requirements and policies.
6-41
HOME Agreement
Page 1 of 11,\
AttochmoefTf- f\,b."t
IV. Period of Performance & Commitment
A. The period of performance for all activities assisted by this Agreement
shall commence on the contract date of . 2007. hereinafter
called the "Commencement Date." and shall be complete
on , 2009. hereinafter called the "Completion Date," except
those activities required for closeout.
B. The City and the Contractor may renew the terms of this Agreement
for a period of one year upon written mutual agreement by both
parties.
V. Comoensation
A. In consideration of the Contractor's satisfactory performance of the
work required under this Agreement and the Contractor's compliance
with the terms of this Agreement. the City shall provide the Contractor
a total of S in HOME funds. Such HOME funds shall be
used by the Contractor in accordance with the activities listed and
budgeted on Attachment A. Documentation that supports the
utilization of administrative funds must be maintained.
B. The Contractor understands that this Agreement is funded in whole or
in part by federal funds. In the unlikely event the federal funds
supporting this Agreement become unavailable or are reduced. the
City may terminate or amend this Agreement and will not be
obligated to pay the Contractor.
C. The Contractor shall not anticipate future funding from the City
beyond the duration of this Agreement and in no event shall this
Agreement be construed as a commitment by the City to expend
funds beyond the termination of this Agreement.
VI. Indemnification
The Contractor shall indemnify, defend. and hold harmless the City and its
officers and employees from any liabilities, claims, suits, judgments. and
damages arising as a result of the performance of the obligations under
this Agreement by the Contractor or contractor. The liability of the
Contractor under this Agreement shall continue after the termination of
the Agreement with respect to any liabilities. claims. suits, judgments, and
damages resulting from acts occurring prior to termination of this
Agreement. Contractor's liability to indemnify the City and its officers and
employees shall include liability arising from lead-based paint regulations
found in 24 CFR 35.
HOME Agreement
Page 2 of 11
6-42
VII. Obliaations of Contractor
A. All of the activities required by this Agreement shall be performed by
personnel of the Contractor, except that those services provided by a
HQS Inspector may be contracted to a third party under the direct
supervision of the City and in accordance with the terms of written
contracts.
B. The City or a contracted third party will perform Housing Quality
Standards, (HQS), inspection at all initial. annual. periodic and/or
special unit inspections. Inspections shall be in accordance with
guidelines provided in 24 CFR 982.401.
C. The City and Contractor will adhere to lead-based paint program
requirements for all units. This requirement applies to tenants requesting
security/utility deposits as well as to those applying for rental assistance
coupons. During initial and periodic inspections, an inspector acting
on the behalf of the City and trained in visual assessment for
deteriorated paint surfaces in accordance with procedures
established by HUD shall conduct a visual assessment of all painted
surfaces in order to identify any deteriorated paint (24 CFR Part 35.1215
(a)(l). The visual assessment must take place as part of the initial and
periodic inspections required by HUD (24 CFR Part 35, Sec. 92.209(i).
TBRA funding cannot be provided until the unit passes the lead-based
paint visual inspection.
D. If assisted occupancy has commenced prior to an annual or periodic
inspection, and the visual inspection reveals deteriorated lead-based
paint. the owner shall stabilize each deteriorated paint surface in
accordance with 24 CFR Part 35.1330(a) and (b). Such paint
stabilization must be completed within 30 days of notification to the
owner of the results of the visual assessment. Depending upon the
scope of the work undertaken to stabilize the paint. and if necessary,
the owner at his/her expense, is responsible for relocating the tenants
to a comparable, safe, and sanitary dwelling free of lead-based paint
while the work is taking place. Paint stabilization is considered
complete when clearance is achieved in accordance with 24 CFR
Part 35.1340. The owner shall provide a notice to occupants in
accordance with 24 CFR 35.125(b)(1) and (c) describing the results of
the clearance examination.
E. The Contractor will provide lead-based paint disclosure information to
all tenants and landlords. Optional blood level verification forms will be
provided to tenants with children under age 6 who have selected units
that were constructed prior to 1978. Addresses of tenants with children
under age 6 living in pre-1978 structures will be provided to the Local
Health Department quarterly. (Refer to 24 CFR 35.1225)
HOME Agreement
Page 3 of 11
6-43
F. The Contractor shall remain fully obligated and liable under the
provisions of this Agreement, notwithstanding its designation of any
third party or parties for the undertaking of part or the entire program
being assisted under this grant.
G. The Contractor shall require any third party to comply with all lawful
requirements necessary to insure that the program is carried out in
accordance with this Agreement.
H. The Contractor shall adhere to the uniform administrative requirements
of 24 CFR 92.505.
VIII. Proarcm Costs
A. Any program activities performed by the Contractor in the period prior
to the Agreement Commencement Date shall be performed at the
sole risk of the Contractor. In the event this Agreement is not duly
executed by the Contractor. the City shall be under no obligation to
pay the Contractor for any costs incurred or monies spent in
conjunction with program activities, or to otherwise pay for any
activities performed during such period.
B. At any time during the period of performance under this Agreement.
the City may review all Program Costs incurred by the Contractor and
all payments made to date. Upon such review the City shall disallow
any items of expense that are not determined to be allowable or are
determined to be in excess of approved expenditures; and shall. by
written notice specifying the disallowed expenditures, inform the
Contractor of any such disallowance.
IX. Orawdown of Grant Funds
A. HUD Funds are to be drawn for immediate cash needs only, as
required in U.S. Department of Treasury Circular 1075. The City shall not
issue reimburse the Contractor TBRA assistance provide to a
beneficiary until such time as all project set-up information has been
received by the City and entered into the Integrated Disbursement
Information System (IDIS). Contractor shall use and provide the City
with the Tenant Based Rental Assistance Activity Set-up Report.
Attachment B, to collect such information.
B. The Contractor shall establish procedures to insure that any funds set
forth in (A) above shall be expended within fifteen (15) days of receipt
of the funds in the electronic depository account.
HOME Agreement
Page 4 of 11
6-44
X. Depositories for Proaram Funds
A. The Contractor shall maintain rmust establish a separate account in a
local financial institution for the receipt, deposit, and disbursement of
HOME TBRA Program funds from the City.
B. The local account will also be used for the deposit and disbursement
of repayments of HOME funds. Program income must be disbursed
prior to requesting HOME funds from the City.
XI. Financial Manaaement
A. Contractors shall establish and maintain a system which assures
effective control over and accountability for all funds used in the
HOME Program, and follow the requirements of 24 CFR 85.20 and OMB
Circular A-l22 or A-87, respectively.
B. Contractors shall certify to the City, in writing, prior to making the first
drawdown of funds that the system proposed for use shall meet the
following standards:
1. Maintenance of separate accounting records and source
documentation for the HOME Program:
2. Provision for accurate, current, and complete disclosure of the
financial status of the Program:
3. Establishment of records of budgets and expenditures for each
approved activity:
4. Demonstration of the sequence and status of receipts, obligations,
disbursements and fund balance:
5. Provision of financial status reports in the form acceptable to the
City:
6. Compliance with the applicable audit requirements (OMB Circular
A-133), and:
7. Consistency with generally accepted accounting principles, 24
CFR 85.20, and OMB Circulars A-57 or A-87.
C. Contractors shall transfer to the City any unencumbered HOME funds
on hand at the time of expiration of this Agreement, and any
accounts receivable attributable to the use of HOME funds, as
required in 24 CFR 92.503.
HOME Agreement
Page 5 of 11
6-45
XII. Proaram Income
The City shall retain any repayment. interest. and any other return on the
investment of HOME funds to be used by the City for additional HOME
eligible activities.
XIII. Monitorina and Reoortina
A. The City shall monitor the activities of the HOME Program, including
those of the contractors and subcontractors, to ensure that all
program requirements are being met.
B. From time to time, as requested in writing by the City, the Contractor
shall submit such data and other information as the City may require.
C. Failure to report as required or respond to requests for data or
information in a timely manner shall be grounds for suspension or
termination of the Grant at the discretion of the City.
XIV. Procurement Procedures
A. The Contractor shall use established procurement procedures, which
reflect applicable Federal. State and local law and regulations (24 CFR
84.40-84.48) .
B. These standards do not relieve the Contractor of any contractual
responsibilities under its contracts. The Contractor is responsible, in
accordance with good administrative practice and sound business
judgment. for the settlement of all contractual and administrative
issues arising out of procurements entered into support of a grant.
These include but are not limited to source evaluation, protests,
disputes, and claims.
C. The Contractor shall abide by the requirements of 24 CFR 24.200
concerning debarment and suspension on procurement procedures.
XV. Proaram Closeout
A. Program Closeout is the process by which the City determines that all
applicable actions and all required work of the program including
audit and resolution of audit findings have been completed or that
there are no additional benefits likely to occur by continuation of
program activities or costs. All findings from City monitoring visits must
be cleared prior to closeout.
HOME Agreement
Page 6 of 11
6-46
XVI. Termination for Convenience
A. The City or Contractor may terminate the grant in whole, or in part,
when both parties agree that the continuation of the program would
not produce beneficial results commensurate with further expenditure
of funds.
B. The two parties shall agree upon the termination conditions, including
the effective date and in the case of partial termination, the portion to
be terminated.
C. If a project is terminated before its completion, an amount equal to
the HOME funds disbursed for the project must be paid by the HOME
recipient to its HOME Investment Trust Fund. Such Funds are due to the
City within 30 days of the date of project cancellation. Such funds shall
be returned to HUD by the City in compliance with HUD Notice CPD
92-18, issued June 9, 1992.
XVII. Susoension or Termination-for Cause
A. The City may suspend the grant, in whole or in part, at any time during
the Grant Period, and upon reasonable notice to the Contractor,
withhold further payments or prohibit the Contractor from incurring
additional obligations of grant funds when it is determined that the
Contractor has failed to substantially comply with the conditions of this
Agreement. This will be done pending corrective action by the
Contractor or a decision by the City to terminate the grant.
B. The City, after reasonable notice following procedures pursuant to
Section XVIII (A) of this Agreement, may terminate the grant, in whole
or in part, at any time during the Grant Period when it is determined
that the Contractor has failed to substantially comply with the
conditions of this Agreement. The City shall promptly notify the
Contractor in writing, of the determination and the reasons for the
termination, together with the effective date.
XVIII. Audit Reauirements
A. Contractor shall arrange for the performance of annual
financial/compliance audits of the grant project. All audits must be
performed by an independent qualified auditor. The audit period is
identical with the Contractor's regular fiscal year. The audit(s) will be
conducted in accordance with the requirements set forth in the U.S.
Single Audit Act of 1984, as amended and Office of Management and
Budget (OMB) Circular A-133, as amended.
HOME Agreement
Page 7 of 11
6-47
B. If the Contractor expends $500,000 or more in a year in Federal
awards, the Contractor shall have a single audit or program specific
audit if so elected, conducted for that year in accordance with the
provisions of OMB Circular A-133, as amended.
C. Contractors are required to submit one copy of the fiscal year audit
report covering the program. The audit reports shall be sent to the City
within 30 days after the completion of the audit, but no later than one-
hundred eighty (180) days after the end of the audit period unless
agreed to by the City.
D. If any expenditures are disallowed as a result of the audit report, the
obligation for reimbursement shall rest with the Contractor.
XIX. Retention of and Access to Records
A. Financial records, supporting documents, statistical records, and all
other records pertinent to this program shall be retained in
accordance with 24 CFR 85.42 and 24 CFR 92.508.
B. Authorized representatives of the City, the Secretary of HUD, the
Inspector General of the United States, or the U.S. General Accounting
Office shall have access to all books, accounts, reports, files, papers,
things, or property belonging to, or in use by, the Contractor pertaining
to the administration of these grants and receipt of assistance under
the HOME Program as may be necessary to make audits,
examinations, excerpts, and transcripts.
C. Any contract or agreement entered into by the Contractor shall
contain language comparable to subsections (A) and (B) so as to
assure access by authorized parties to the pertinent records of any
subcontractor.
D. The Contractor shall establish and maintain sufficient records for a
minimum of five years to enable the City to determine whether the
Contractor has met the requirements of the HOME Program. The
Contractor shall follow the guidelines in 24 CFR 92.508.
XX. Conflict of Interest
A. In the procurement of supplies, equipment, construction, and services
by Contractors and Sub Contractors, the conflict of interest provisions,
Attachment 0 of OMB Circular A-ll 0 and 24 CFR 85.36, respectively,
shall apply. In all cases not governed by the provisions of said circular
and regulation, the provisions of subsection (B) and 24 CFR 92.356 (b)
shall apply.
HOME Agreement
Page 8 of 11
6-48
B. No member of the governing body, officers or employee of the
Contractor, or its designees or agents, or any other person who
exercises any functions or responsibilities with respect to the program
assisted by this Agreement during his tenure or for one year thereafter,
shall have any direct interest in any contract or subcontract. or the
proceeds thereof, for the work to be performed in connection with the
program.
C. The Contractor shall incorporate, or cause to be incorporated in all
third party agreements, a provision prohibiting such interest pursuant to
the purpose of this Section.
XXI. EaualOpportunity
The Contractor agrees to comply with all the requirements relating to fair
employment practices, to the extent applicable and shall cause the
foregoing provision to be inserted in all contracts with third parties for any
work covered by this Agreement so that such provisions will be binding
upon such third parties. Contractor will conduct and administer the grant
in conformity with 24 CFR 92.350.
XXII. Lobbyina
The undersigned certifies, to the best of his or her knowledge and belief
that:
1. No appropriated federal funds have been paid, or will be paid,
by or on behalf of the undersigned to any person for influencing
or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement. and the
extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress in connection with this Federal Contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Disclosure Form to Report Lobbying (Standard Form-LLL).
in accordance with its instructions.
3. 3. The undersigned shall require that the language of this
certification be included in the award documents for all sub-
awards at all tiers (including subcontracts, sub-grants, and
HOME Agreement
Page 9 of 11
6-49
contracts under grants, loans, and cooperative agreements)
and that all sub-recipients sholl certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each failure.
XXIII. Waiver of Enforcement
No waiver by the City of the right to enforce any provision of this
Agreement shall be deemed a waiver of the right to enforce each and all
the provisions hereof.
XXIV. Revisions and Amendments and Approvals
A. Any changes to this Agreement shall constitute an amendment.
B. The Contractor shall not expand, enhance, commingle or add to the
scope of the program, covered by the Agreement.
C. Amendments of the terms of this Agreement shall not become
effective unless reduced to writing, numbered, agreed to and signed
by the City and the duly authorized representative of the Contractor.
XXV. Contractual Provisions Attachments
The provisions found in Contractual Provisions Attachment. which is
attached hereto.
/II
1/1
/II
[Signature Page to Follow]
HOME Agreement
Page 10 of 11
6-50
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
written above.
CITY OF CHULA VISTA
Jim Thomson
Acting City Manager, City of Chula Vista
APPROVED AS TO FORM
Ann Moore
City A ttomey
ATTEST
City Clerk
(Insert Name of Contractor)
(Insert Name of Executive Director or
Designee)
Attachment A - Scope of Services
Attachment B - Insurance Requirements
Attachment C - HUD Income Limits
Attachment D - Disclosure Form
HOME Agreement
Page 11 of 11
6-51
-FAl ~ HD UJI1'!f/ c'Di/ r-IO L..
,s,lic..
~~
C!;!MYlS1i'.
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy] 001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City of Chula Vista election must be filed. The following infOlmation must be
disclosed:
I. List the names of all persons having a financial interest in the project that is the
subject of the application or the cont~a? e.g., owner, applicant, contractor,
subcontractor, material supplier. N fA
2. If any person" identified pursuant to (l) above is a corporation or partn.ership, list the
names of all individuals with a $2000 investment in the business N LA
(corporation/partnership) entity. '/ I \
3. If any person" identified pursuant to (l) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization or as
trustee or beneficiary or trustor of the trust. r-f IT
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent YOLl before the City in this
matter. N/A
A14o.cir)M~n+- ~o.5
6-52
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Community Development Department
Housing
Disclosure Statement -Page 2
5. Has any person' associated with this contract had any financial dealings with an
official" of the City Qf Chula Vista as it relates to this contract within the past 12
months? Yes_ NO-A
If Yes, briefly des~ribe the nature of the financial interest the official" may have in
this contract. r-J1A.
6. Have you made a contribution of more than $250 within the past twelve (12) months
to a current member of the Chula Vista City Council? No~ Yes_ If yes, which
Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official"
of the City ofChula Vista in the past twelve (12) months? (This includes beiny
source of income, money to retire a legal debt, gift, loan, etc.) Yes No~
If Yes, which official" and what was the nature of item provided?
Date:~7
pe name of Subrecipientl
or/Applicant
,
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate) trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group Or combination acting as a unit.
,.
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member ofa board, commission, or committee of the City, employee,
or staff members.
6-53
,-
t-:- -~ {, '"J)l" ~ :' --
,.r:'.
~
o~_
Communitj Development Department
Housing
Disclosure Statement
Pursuant to Council Policy 1001-01. prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statcment of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City of Chula Vista clection must be filed. The following infOlmation must be
disclosed:
1. List the namcs of all persons having a financial interest in the project that is the
subject of the application or the contract. e.g., owner. applicant, contractor,
s~~/Aaetor, material supplier.
,
2. Ifany person" identitied pursuant to (1) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
(C'::2+ionJpaI1nerShiP) entity.
3. If any person" identified pursuant to (I) above is a non-profit organization or InlSt,
lislthe names of any person serving as director of the non-profit organization or as
tlllStcc or beneficiary or trustor of the trust.
II/IA-
4. Please identiry every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter.
:r~ TVeJ"-,,,- - t:".,&+' ".. D;ru:f",
6-54
->>'%-
~
~-
Community Development Department
Housing
Disclosure Statement -Page 2
5. Has any person* associated with this contract had any financial dealings with an
official'* of the City ofChuJa Vista as it relates to this contract within the past 12
months? Yes_ No-X-
If Yes, briefly describe the nature of the financial interest the offieiol** may have in
this contract.
fJ/A
,
6. Hove you made 0 contribution of more than $250 within the past twelve (12) months
to a current member of the ChuJa Vista City Council? NoL Yes_ 1fyes, which
Council member?
1v'/4
7. Have you provided more than $340 (or on item of equivalent value) to an official**
of the City of Chula Vista in the past twelve (12) months? (This includes being a
source of income, money to retire a legal debt, gift, loan, etc.) Yes No~
If Yes, which officiol"* and what was the nature of item provided')
.A/A-
Date: '1!b!(J{
Sigf::;=iPientl
Contractorl Applicant
-:;r",,,",- Thd&-.
Print or type nome of Subrecipientl
Contractorl Applicant
*
Person is defined as: any individual, firm, co-pal1nership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver. syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a unit.
**
Official ineludes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City, employee,
or staff members.
6-55
::-,.'.:_t....(.,~,,<". i ' I
.' .L".c.t:.
.sJ.(~
~
o.'Z~"
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy 1 001-0 I, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City of Chula Vista election must be filed. The following infonnation must be
disclosed:
1. List the names of all persons having a financial interest in the project that is the
subject of the application or the contract. e.g., owner, applicant, contractor,
subcontractor, material supplier.
'l\TrH1P
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
(corporation/partnersb ip) entity.
Niil1P
3. If any person' identified pursuantto (I) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization or as
trustee or beneficiary or trustor oftbe trust.
None
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter.
Nancy Bryant Wallis
Jennette Lawrence
Antonio de IDS Santos
6-56
~ll(...
il!lIi'
CH..I1:\~
Community Development Department
Housing
Disclosure Statement -Page 2
5. Has any person' associated with this contract had any financial dealings with an
official" of the City ofChula Vista as it relates to this contract within the past 12
months? Yes_ No-*-
If Yes, briefly describe the nature of the financial interest the official" may have in
this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months
to a current member of the Chula Vista City Council? No...JL Yes_ If yes, which
Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official"
of the City of Chula Vista in tile past twelve (12) months? (This includes being a
source of income, money to retire a legal debt, gift, loan, etc,) Yes No~
If Yes, which official" and what was the nature of item provided?
Date: 4/03/07
,
FRAN BUTLER-COHEN
Print or type name of Subrecipientl
Contractor! Applicant
Family Health Centers of San Diego
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member ofa board, commission, or committee of the City, employee,
or staff members.
6-57
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J\;1~:m'
, ' ,--..'
'-"'-
f/f~: cy)j (~{-
~
(..:..n'~...
Community Development Department
Housine
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City ofChula Vista election must be filed. The following information must be
disclosed:
I. List the names of all persons having a financial interest in the project that is the
subject of the application or the contract. e.g., owner, applicant, contractor,
subcontractor, material supplier.
No..-
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
(\/0.-
3. If any person" identified pursuant to (I) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization Or as
trustee Or beneficiary or trustor ofthe trust.
t--IO-
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter. .
/L1 OYJ I r/L.. l-v I 2-
V/~ 'hdnO '''- <-
Pa(}1 Jk.,,-na.-nUP7
6-58
~V/?
~
IlW'':-ti/.O.
Community Development DepaJtment
Housing
Disclosure Statement -Page 2
5. Has any person" associated with this contract had any financial dealings with an
official". of the City of Chula Vista as it relates to this contract within the past 12
months? Yes No V
No,- --
TfYes, briefly describe the nature of the financial interest the official.' may have in
this contract.
6.
Have you made a contribution of more thaJI $250 within t,:/,ast twelve (12) months
to a current member ofthe Chula Vista City Council? No_ Yes_lfyes, which
Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official..
ofthe City ofChula Vista in the past twelve (12) months? (This includes beingy
source of income, money to retire a legal debt, gift, loan, etc.) Yes No~
]fYes, which official" and what was the nature of item provided?
Date: til 1 ! 01
/
~/~
Signature ofSubrecipienV
Contractor/Applicant
J I IIID ~ 'aUlo
P' rnr JtlJ~ .. I
rmt or type name ;:rsli'Dreclplent
Contractor/ App I icant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning . .
Commissioner, Member ofa board, commissioN, or COlTlIn,ttee' olthe City, emp1dYee,
or staff mem bers.
6-59
,I f)A'i
(.iLI tUrf _:}VL-~:'.
~l!(_
~
nllA~vM"
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy 100 1-0 I, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City of Chula Vista election must be filed. The following information must be
disclosed:
I. List the names of all persons having a financial interest in the project that is the
subject of the application or the contract. e.g., owner, applicant, contractor,
subcontractor, material supplier.
{~/i"-'<I
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
\-") V'~.
3. If any person' identified pursuant to (I) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization or as
trustee or beneficiary or trustor of the trust.
~/("~
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter.
(-) k~::.-_
6-60
~I~
~,1
O.,IJl,.......
Community Development Department
Housing
Disclosure Statement -Page 2
5. Has any person- associated with this contract had any financial dealings with an
official-- of the City of Chula Vista as it relates to this contract within the past 12
months? Yes _ NoL
[fYes, briefly describe the nature of the financial interest the official-- may have in
this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months
to a current member of the Chula Vista City Council? NoL Yes_liyes, which
Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official-*
ofthe City of Chula Vista in the past twelve (12) months? (This includes being a
source of income, money to retire a legal debt, gift, loan, etc.) Yes No--L
If Yes, which official-- and what was the nature of item provided?
Date: ( ,/\c/r51
\
"-
,Signanlre 0 ubrecipientl
Contratto' Applicant
. ,
\L:(- ,,,.:-...y\('"~ ,--,-.(-...\ \..--..;t:::.["<"......."C-.::t")
Print or type name of Subrecipientl
Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a'unit.
--
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City, employee,
or staff members.
6-61
~Wt.-
~
Oft.L'_
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statement of disclosure of certain ownership of fInancial interests, payments, or campaign
contributions for a City of Chula Vista election must be fIled. The following information must be
disclosed:
I. List the names of all persons having a fInancial interest in the project that is the
subject of the application or the contract. e.g., owner, applicant, contractor,
s~bcontractor, material supplier.,- (), .
( hIe{ 1/1.(< / ./'11.f>11hv(!h..... 'ft:/c"on@:hlf/1 .J
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
( corporation/partnership) entity.
3. If any person' identifIed pursuant to (I) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization or as
trustee or benefIciary or trustor of the trust. .
Nr'c t&.A'}f'.nl'.t--. Jr'c-~I---/L..---- C>hO-I,frnl<--r,
'"
~$A ~fl/I~ I ~c.' t.~-h t-f--'bn!C~
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter.
LiS-A kR~1 F.t:.
6-62
~w~
~
n<<.AA~I!o1A
Community Development Department
Housin~
Disclosure Statement -Page 2
5. Has any person' associated with this contract had any financial dealings with an
official" of the City ofChula Vista as it relates to this contract within the past 12
months?Yes_No~
If Yes, briefly describe the nature ofthe financial interest the official" may have in
this contract.
6.
Have you made a contribution of more than $250 within !{tWast twelve (12) months
to a current member ofthe Chula Vista City Council? No& Ycs_ If yes, which
Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official"
of the City of Chula Vista in the past twelve (I 2) months? (This includes bein~.
source of income, money to retire a legal debt, gift, loan, etc.) Yes NOA-
If Yes, which official" and what was the nature of item provided?
Date:4/5/m
c:::j?~~<- +~.h-----
Signature of Subrecipientl
Contractor/Applicant
~ kMjV1~-t:...J
Print or type name of Subrecipient/
Contractor/Applicant
,
Person is defmed as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City, employee,
or staff members.
6-63
\/i;TF Ph,LS
tt~
rnJ~~
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon maners that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City of Chula Vista election must be filed. The following information must be
disclosed:
I. List the names of all persons having a financial interest in the project that is the
subject of the application or the contract. e.g., owner, applicant, contractor,
subcontractor, material supplier.
4{ U./J1 z';
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
~/IJ
3. If any person* identified pursuant to (I) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization or as
trustee or beneficiary or trustor of the trust
;1/;1-
4. Please identiJy every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter.
l '- jJ
II?,.? I .
"
J.& ~t-;-I ~,8t; s, Dz;..)).-
6-64
fi
("I~""":'
Community Development Department
Housing
Disclosure Statement -Page 2
5. Has any person" associated with this contract had any rmancial dealings with an
official" of the City ofChula Vista as it relates to this contract within the past 12
months? Yes_ No /
If Yes, briefly describe the nature of the financial interest the official"' may have in
this contract.
6.
Have you made a contribution of more than $250 within the 'past twelve (12) months
to a current member of the Chula Vista City Council? No-L. Yes_ If yes, which
Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official*"
of the City ofChula Vista in the past twelve (12) months? (This includes being a ./
SOUlce of income, money to retire a legal debt, gift, loan, etc.) Yes No~
If Yes, which official" and what was the nature of item provided?
Date: r:;f'/kM 7
.~J! )lgl
Signature of Subrecipientl
Con ctor/ Applicant
L
~ -,,;!I I/C
Print or type name of Subrecipient/
Contractor/Applicant
.
Person is defmed as: any individual, fIrm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City, employee,
or staff members.
6-65
04/05/2007 11:27
6192831877
AP5 INC
PAGE 02 j!.,PS.
a
""',-
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy [001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
Ciry, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City ofChula Vista electio" must be filed. The following infonnation must be
disclosed:
I. List the names of all persons having a financial interest in the project that is the
subject of the application or the contract. e.g., owner, applicant, contractor,
subcontractol', matel'ial supplier.
Adult Prote~tive Services) Inc~
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
None
3. If any person' identified pursuant to (I) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization or as
trustee or beneficiary or trustor of the trust.
See attached list
4. Please identiry every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter.
Malachv J. Murphy. Executive Director
Janai Ouintana. Assistant Director
Angela Rackley, Program Manager
6-66
04/05/2007 11:27
5192831877
APS INC
PAGE 03
MEMBERS OF THE BOARD OF DIRECTORS
OF ADULT PROTECTIVE SERVICES, INC.
2840 ADAMS AVENUE, STE. 103
SAN DIEGO, CA 92116
(619) 283-5731
Joyce Re7,ill~ Prestdent
10747 ViaehA Drive
San Diego, CA 921.24
(858) 268-0975
LaTry Bonilla
1004 Plaza Es..lante
Chula Vista, CA 91910-8135
Cell (619) 850-9945
Dorothy Yonemitsu, Vice PnsideJJt
2431 Alt. Cerro Circle
San Diego, CA 92109
(858) 273-3576
Anita Rarbert
San Di~o State University/School of Social Work
5500 Campanile Drive
San Diego, CA 92182-4119
(619) 594-6310
Charh;Jtte Lunger, Seretary
1684 W..,t Knapp
Vi..a, CA 92083
(760) 941-8644
Marie Hood
2834 Adams A venue
San Diego, CA92116
(619) 281-8035
CharI.., Bell, Ph.D., Assi'tant Soeretal")'
1015 Arbor Lone
San Marcos, CA 92069
Rome (760) 781-1256
Cell (619) 788-7542
Cralg OraRRe
3309 Cadden Drive
San Diego, CA 92117
(858) 273-7458
Louise Berry, Assistant Secretary
lG34 Calle E'earpada Drive
Bonita, CA 91902
(619) 475-0696
Jesie Torres
1427 Panorama Ridge Road
Ocean,ide, CA 92056
(760) 63<l-11l2
Monica Sanchez, Tre~5W"er
6404 Tooley Street
San Diego, CA 92114
(619) %66-2753
Catby Zappatosta, Marketing Advisor
sDG&E
8335 Century Park Court, CP12F
San Diego CA 92123-1569
(858) 654-8717
CIUlrlcne Angle
1221 Oro Street #15
El Cajon, CA 92021
(619) 328-0234
Donna Kelly
9774 Erin Way Api 103
S'Ultee, CA 92071
(619) 328-6524
Medical Advisor
Heywood 7...eidman~ M.D.
4700 Spring Street Room no
L. Me,a, CA 91942
(619) 667-3385
M.a.lacby S. Mnrpby, Executive Dil'Elct.or
(858) 578-2175 (Home
Janai Quintana, Assist3nt Administrator
(619) 448-4758 (Home)
APS, In<.: 11/3/06
Rev: 1/19/07
6-67
04/05/2007 11:27
5192831877
APS INC
PAGE 04
~
-~
Community Development Deparnnent
Housiu~
Disclosure Statement -Pagc 2
5. Has .ny person' associated with this contract had any financial dealings with an
official" ofthe City ofChula Vista as it relates to this contract within the past 12
months? Yes_ No~
If Yes, briefly describe the nature ofthe financial interest the officia]" may have in
this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months
to a current member of the Chula Vista City Council? No-.!... Yes_If yes, which
Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official"
ofthe City ofChula Vista in the past twelve (12) months? (This includes being a
source of income, money to retire a legal debt, gift, loan, etc.) Yes_ NoL-
rfYes, which official'. and what was the nature ofitem provided?
Date: 4-5-07
'Nd"~ Jo'iI1,,^.w4
Signature 0 Subroclp.ent/
Contraetorl Appli cant
Malachy J. Murphy
Print or type name of Subrecipientl
Contractorl Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, distric~ or other political subdivision, -or any other
group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board. commission, or committee of the City, employee,
or staff members.
6-68
J~\< D,L),J
~U!"
-
nw'i;;r..
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies ofthe
City, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City ofChula Vista election must be filed. The following information must be
disclosed:
1. List the names of all persons having a financial interest in the project that is the
subject of the application or the contract. e.g., owner, applicant, contractor,
subcontractor, material supplier.
2. Ifany person> identified pursuant to (1) above is a corporation or partnership, list the
names of all individuals with a $2000 investment in the business
(corporation/partnership) entity.
3. Ifany person> identified pursuant to (I) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization or as
trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or
independent contractors you have assigned to represent you before the City in this
matter.
Dr. James Johnson
Amy Weeks
Charlie Fleishman
)i,.."...~'
XVlXt t Kl DC,
6-69
.~pr,;:..
-
Q~'\'t>U
Community Development Department
Housing
Disclosure Statement -Page 2
5. Has any person* associated with this contract had any financial dealings with an
official" of tile City ofChula Vista as it relates to tIlis contract within the past 12
months? Yes_ No~
If Yes, briefly describe the nature of the financial interest the official" may have in
this contract.
6. Have you made a contribution of more than $250 within the past twelve (\2) months
to a current member ofthe Chula Vista City Council? No~ Yes_ If yes, which
Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official"
ofthe City ofChula Vista in the past twelve (12) months? (This includes being a
source of income, money to retire a legal debt, gift, loan, etc.) Yes No--,,-
If Yes, which official.. and what was the nature of item provided?
~~
Contractor/Applicant
Date:
4/17/07
Dr. James Johnson, President & CEO
Print or type name of Subrecipient/
Contractor/Applicant
,
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate! any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a unit.
.,
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City, employee,
or staff mem bers.
6-70
!-<
.s~:C_
'W'
Ojl;_.....~_
Community Development Department
Housing
Disclosure Statement
Pursuant to Council Policy 1001-01, prior to any action upon matters that will require
discretionary action by the Council, Planning Commission and all other official bodies of the
City, a statement of disclosure of certain ownership of financial interests, payments, or campaign
contributions for a City ofChula Vista election must be filed. The following information must be
disclosed:
I. List the names of all persons having a financial interest in the project that is the
subject ofthc application or the contract. e.g., owner, applicant, eonttactor,
subcontractor, material supplier.
2. If any person. ident fled pursuant to (I) above is a corporation or partnership, list the
names of all individ als with a $2000 investtnent in the business
(corporation/partner hip) entity.
tJlk
,
3. If any person. identified pursuant to (1) above is a non-profit organization or trust,
list the names of any person serving as director of the non-profit organization aT as
trustee or beneficiary or trustor of the trust.
]jA-
4. Please identify every person, including any agents, (mployeeuconsultants, or
independent eontractors you have assigned to represent you before the City in this
matter,
~i ~'7-tdl\
6-71
.;:'.Nf/...
~
~'j~_"'''<4>r~
Community Development Department
Housing
Disclosure Statement -Page 2
5. Has any person' associated with this contract had any financial dealings with an
official" of the City ot.9lUla Vista as it relates to this contract within the past 12
months? Yes~No
lfYes, briefly describe the nature of the financial interest the official*' may have in
this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months
to a current member of the Chula Vista City Council? N00es_lfyes, which
Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official"
ofthe City of Chula Vista in the past twelve (12) months? (This includes being.a /"
source of income, money to retire a legal debt, gift, loan, etc.) Yes No.l:C-
If Yes, which official*' and what was the nature of item provided?
~~~~
Signature of Su r lent!
Contractor! Applicant
Datelf--'1ro7
n
,
Person is defined as: any individual, firm, co-partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any
other county, city, municipality, district, or other political subdivision, -or any other
group or combination acting as a nnit.
**
Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee ofthe City, employee,
or staff members.
6-72
Funding Approval and HOME u.s. DepaJtmenlofHousing
and Urban Development
Investment Partnerships A_ eement Office of Community Planni,,_
Tille II of the National Affordable Housing Act and Development
Public reporting burden for this collectIon of Information is estimated 10 average 1 hour per response, Including the time for reviewing instructions. searching
exisUng data. sources, gathering and malntalnlng the data needed, and compleling and reviewing the collectlon of infonnatlcn. This agency mey not conduct or
sponsor, and a person is not required 10 respond to. a collection of Information unless that collection dIsplays a valid OMS control number.
The HOME statute imposes a sIgnificant number of data collection and reporting requirements. This Includes information on assisted properties. on the
owners or tenants of the properUes. and on other programmaUc areas. The InlormaUon will be used: 1) to assist HOME participants In managing their
programs; 2) to track performance of particlpants In meeting fund t;Ommilment and expenditure deadlines; 3} to permit HUD to determIne whether each
participant meets Ille HOME statutory Income targellng and affordabUity requirements; and 4) to permit HUD to determine compliance with other statutory
and regulatory program requirements. This data collecllon is authorized under TIlle II of the Cranston.Gonzalez National Affordable Housing Act or related
aulhoriUes. Access to Federal grant funds Is contingent on the reporting of certain project-speclllc data elements. Records of Informatlon collected wUJ be
maintained by the recipients of the assistance. Information on acUvllies and expend1lures of grant funds Is public Information and Is generally available for
cflsclosure. RecipIents are responslOla for ensuring conndentiaJlty when public disclosure is not requIred.
OMS Approval No. 2506-0171
.' (Exp.1l5l31/2007j'
Chul. Vist., CA 91910
2. Participant Number
M-05-MC-06-0505
3. Tax Identlficallon Number
95-6000690
4. AppropriaUon Number
see*18
5. FY(yyyy)
2005
1_ ParticIpant Name and Address
City of Chul. Vista
276 Fourth Avenue, MS C-401
6. Previous Obllgallon (Enter "0" for initlal FY allocation)
a. Formula Funds
b. Community Housing Development Org. (CHDO) CompeUlive
7. Current Transaction (+ or -)
$
$
1. CHDO (For deobligallons only)
2. Non- CHOO {For deobligaUons only}
b. CHOO Compelltiv9 Reallocation or Oecbligation (see #18 below)
a. Fonnuta Funds
8. Revlsed Obl1gatlon
a. Formula Funds $
b. CHOO CompeUUve ReaUocatlon $
9. Spacial Condllions (check applicable box) 10. Date of Obligation (Congressio?al Release Dale)
!:8J Not applicable 0 Attached (lnffiIddfyyyyl 081 25/2005
This Agreement bat'Neen the Department of Housing and Urban Development (HUD) and the Participating Jurisdictlon/Entlty Is made pursuant to the
authority of the HOME Investment PartnershIps Acl (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan
submission/Application and the HUD regulallons at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) end this HOME
Investment Partnership Agreement, fonn HUO.40093, IncludIng any special cond.iUons, constitute part of this Agreement Sublect to \he provisions of this
Agreement, HUD will make the funds for the Fiscal Year specmed, avallable to the Participating Jurisdiction/entity opon execution of thls Agreemenlby the
parties. AU funds for the specified Fiscal Year provided by HUO by fonnula reallocation are covered by this Agreement upon execution of an amendment
by HUD, wilhout the Partlclpallng Jurisdiction's execution of the amendmenl or other consent. HUD's payment of funds under this Agreement Is sublecl to
the Panlclpatlng Jurlsdlction'slEnlity's compliance with HUD's eleclronlc funds traClsfer and Information reporting procedures issued pursuant to 24 CFR
92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobllgale funds previously
awarded to the Participating Jurisdiction/Entity without the Participating Jurlsdlcllon'sJEnlity's execullon of the amendment or oUler consent The
Participating Jurisdiction/Entity agrees that funds Invested In affon:fable housing under 24 CFR Part 92 ara repayable when the housing no longer qualifies
as affordable housing. Repayment shall be made as specified In 24 CFR Part 92. The ParticIpating Jurisdiction agrees to assume all of the responsibility
for environmental review, decisIon making, and actions, as specified and required in regulatlon at 24 CFR 92.352 and 24 CFR Part 58.
11. For the U.S. Department of HUe (Name and Tide of Authorized Official) 12.J~~r 13. Data
William Vasquez, Director of CPD · ,/C/~ 08/25/2005
14. For the PartlcipaUng JurisdiclionlEnllty (Name and T1Ue of Authortzed Official) 15',~nat~ 16. Date
~dO.y< 7' / '1/6.;-
17. Check one:
!:8J Initial Agreament
o Amendment #
18. Funding Infonnation:
Source of Funds Aoorooriation Code
FY 2005 ADDI 865170~05
FY 2005 HOME 865170205
PAS Gode
HMO
HMO
Amounl
534.958
5992,114
$
CHDO CCJ1lJpelitive Reallocarlon
Source of Funds Aoorooriatlon Code
PAS Code Amounl
S
5
form HUD-40093 (04/2004)
6-73
A~chrll~f)+ ~, ~
Funding ApprovallAgreemen
Title I of the Housing and Community ""J
Development Act (Public Law 930363)
u.s. Department of Housing; Urban Oevelo'pment
Office of Community Planning anu Development
Community Development Block Grant Program
1. Nama 01 Grantee (as shown in UemS 01 StandardFotm 424) 3. Gr.mlae's9-tfigltTax 10 Numcer 4.Dalil usa oJ fundsmaybegin
City ofChul. Vista 95-6000690 (mrlVddlyyyy) 07/01n005
2. Grantee's Complota Address (as shown In item 5 of SlarnlaJd Form 424) Sa. proJecVGram No.1 6a.Amount~roved
276 Fourth Avenue, MS C-401 B-05-MC-06-0540 $ 2,261,525
Chul. Vista, CA 91910 5b. ProjecVGrant No.2 6b. Amnunt Approved
5c. ProjecVGrant No.3 Be. Amount Approved
HI-00515R of20515R
Grunt Agreement: This Groot Agreement between the Department ofHoustng and Urb<m Development (HUD) i1nd IDe: above muned Granlee. is nlll.de pursUi1IIt to the
'iltlthorilY of Tille I oflht Housing <lnd Community Development Act of 1974.:lS amended. (42 use 5301 el seq.). The G~ICC:'S submissions for1iLle lassiSUlnce, the:
HUe rcgulallons at 24 CFR P.::ut 570 (:1$ now 10 effecl :md as IItly be amended frorn timl!; to time). and lhis Fundiug Approval. including ::my spcci:lI conditions,
consUtulC part of the Agreement. Subject to the provisions of this GraTll Agreement. HUD will make Ihe funding nssistmlcc specified here 3wilablc to the GrnDlct: \lpQn
execution oflhe Agreement by lhc panics. The funding nssistulce spedficd in lhc FundiDg Approv;,,\ milY be used to pay costs Incurred aner the. date specified in item
4 above provided the :u:tivities to which such: casts arc related lUC c::mied out in compliance with 3U appliC1ble requirements. Pre~i1grttmcnt COllS may DOl be pilid whit
funding ussist3t1cc specified here unless they tu'c l1ulhorized in HUe regulations or :approved by waiver 30d listed in the special conditions 10 !he FUDding ApproY.lI.
The Grant~ 3gn:CS 10 assume all of the responsibilities for environment:l.l review. decision making. and actions. as specified nnd required in regulations issued by the
Secrcta.ry purnrant 10 Section 104{g) of1itlc I and published in 24 CFR Pan 58. The Gronlee funhc:r ackDowl~ge.s i15 responsibility for adherence 10 Ihe Agreement by
sub.reei ient entities 10 which it makes (umlln :l$SiStlDce hereunoer 3vailabl~
U.S. DepartrlHlnl of Housing and Urban DeveloplTI!nt lBv Name)
Willi.m Vasquez
nUll
Director of Co
Signa
7. Blegol'{ 01 TdJel Assis1aI1ce for IhIs Rm
(cheek only one)
I2l a. EnIilJ'mlln~ Sec 106(b)
Db. Slate-Adminislered. Sec 106{d}(1)
o Co HUD-AdmlnlslBrad SmaR Cine.. Sec 106(d)(~}(B)
o d.lndian CDBG Programs, See l00{a)(l)
o e. Surplus Uman Renewal Funds. Sec 112(b)
o f. Speda! Purpose Granls, Sec 107
o g.Loan Guaranl:!e. Sec 1 08
B. Specel ConCil.ions
{check one}
o None
I2lAlI.che<J
Grantee Name
David Rowlands
nue
City Mo.nllger
S~~lure 1"'1 b f"? Dale (mmidcllyyyy)
,f.Y--'.I~ r~<:? , ? roy
9a. Dale Hun ReCl!lved Submisslon 10. check one
(mmlddlyyyy) 0511612005 l2la.olig. Funding
9b. Date Grarltee Noli/iad 0 Approval
(mmlddlyyyy) b.Amemlman!
9c. Data 01 Slartof Program Year Amsndmanl Numbar
(mmlddlyyyy) 07/0 J/2005
128. Amount 01 Loan Guaranlee Commitment now being Approved
11. Amounl ot Community Development
Block Giant
a. Funds RSSSlVed lor this Grant:!e
b. Funds now being Approved
e.ReservallonlobeCancelllld
(11armllus11b
12b. Name and compete Addtess 01 Pub~cAgency
FY (005)
2261525
FY(
FY(
$ 2,261,525
LOlln GUllr.u1lec Ac.ceptance Provisions for Dcsigonted Agencies:
The public agency hereby :l.CCCplS the Gr.wl Agreement cxccutcd by the
Depill1mellt or Housing nnd Urb:m DevclopmCtlt OD. the :l.bove date with
respeet 10 the above gmnt numbcr{s} as Gl'1.lnlte dcsignDtcd to receive 12c.NarraoIAuthorizedOlficialforDesignale:dPubficAgern;y
loan gua.roolce llSsistance. Md :lgrces to comply with the terms and
conditions of the Agreement. npplIcnblc regulntions. and o!hcr
requirements of HUD now or hereafter in effect, perUioing 10 the TIUa
3SSUl:lllce provided iL
signa!lJre
HUD Accounting use Only
EnlBmd By
ElfecUveDale
(mmlddlyyyy) F
II 10
I
I
\/ariliedBy
lonn HUD.70B2 (4/93)
B.lCh
TAC
program Y A Reg ~a DlJCl.Imenl No.
ProjaclNl.lmber
Category
Amount
[]] ~ []] Q 0 0 OJ [[]] q;;g;p OJ]] I
o DIITJ I
o dIitJ I
0,,,, EnlBn!d PAS (mrlVddlyyyy) Oal. EnlaIe<l LOCCS (mmJddlyyyy) Belch Number Transaction Coda
_unl
_un!
24 CFR 570
6-74
2005 ~u Vperotions Instructions All:1c:bmeDl5 - 20
Grant No., S_05_MC-06-0540
Official Conine! Person: Ms. An.ela Davis
Telephone No, (619) 691-5036
FAX: (619) 476-5310
E-mail Address:ndnvis@ci.chula-vista.ca.us
Tax ID No: 95-6000690
Unit of Government No, ~
FY 2005 LOCAL GOVERNMENT GRANT AGREEMENT
EMERGENCY SHELTER GRANTS PROGRAM
This Grant Agreement is made by and between the United States Department of Housing and Urban
Development (BUD) and the City of Chula Vista, the Grantee, for FY 2005 of the Emergency Shelter
Grants Program in the amount of $87,011. This grant was authorized by SubtitleB ofTitleN of the
McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition,
the grant operates through BUD's regulations at 24 CFR Part 576, as now in effect and as may be amended
from time to time, which are incorporated as part of this Agreement.
In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the
Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with
requirements for record keeping and annual performance reporting to BUD within 90 days after the
close of its consolidated program year, as required by 24 CFR 91.520. This includes the periodic
information collected through BUD's Integrated Disbursements and Information System (IDlS). The
grantee's IDIS reporting must include information on grant activities, project sponsors, project sites,
and beneficiaries (including racial and ethnic data on participants)_ This information will be used for
program monitoring and evaluation purposes.
The grantee agrees to comply with all applicable laws and regulations in distributing funds provided under
this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which may
receive funding assistance.
The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as
applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement.
,
6-15
2005 ~I,j Operations lnstroctions AttachmentS. 2l
The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific
sources and amounts of the funds as required by 42 use 11375(a)(1).
The following parties execute this Grant Agreement on the dates set forth below as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
~~
Signature and~
William Vasquez
Typed Name of Signatory
By:
~-/-~r
.
Director. Office of Community Planning and Development
Title
GRANTEE
By:
A4-.rU /2 Y2-J~j. 7(cY~'7-
Signature and Date
Typed Name of Signatory
Title
6-76
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA: A) APPROVING THE ANNUAL ACTION PLAN FOR FY
2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN
DREAM DO~AYMENT (ADD~ AND THE EMERGENCY
SHELTER GRANT (ESG) PROGRAMS; B) AUTHORIZING
TRANSMITTAL OF 2007-2008 ANNUAL ACTION PLAN TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(BUD); C) INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS
TO FUND THE ANNUAL ACTION PLAN IN THE FY 2007-2008
PROPOSED BUDGET; D) AUTHORIZING THE CITY MANAGER
TO EXECUTE THE PROJECT CONTRACTS FOR FISCAL YEAR
2007-2008 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS
COMMUNITY GROUPS; AND, (E) AUTHORIZING THE CITY
MANAGER TO EXECUTE THE GRANT AGREEMENTS BETWEEN
THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the City of Chula Vista has prepared the 2007-2008 Annual Action Plan per
HUD Rules and Regulations;
WHEREAS, the City will receive a 2007-08 CDBG entitlement of $2,096,798; a HOME
entitlement of$948,334; and an ESG entitlement of$88,095;
WHEREAS, the City has followed its Citizen Participation Plan and held public hearings
on housing and community needs on December 12, 2006 and March 13, 2007 at which time public
testimony was received and considered by the City Council with respect to the Annual Action Plan;
WHEREAS, the City has determined that all of the proposed activities meet the CDBG
national objectives to benefit primarily low-income households or aid in the elimination of slums and
blight;
WHEREAS, the City has determined that it is necessary and appropriate to fund special
activities by certain sub-recipients to implement neighborhood revitalization and community economic
development projects in order to meet the goals and objectives of the Consolidated Plan and the Action
Plan; and,
WHEREAS, the subrecipients warrant and represent that they are experienced and staffed in a
manner such that they can prepare and deliver the services required by the City within the timeframe
herein provided all in accordance with the terms and conditions of the contracts; and
WHEREAS, in the event that HUD should withdraw the City's CDBG and ESG funding, the City
is not obligated to compensate the subrecipients for program expenditures.
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Resolution No.7
Page 2
NOW, THEREFORE, BE IT RESOLVED based on the fmdings above, the City Council of the
City of Chula Vista does hereby:
A) Approves the 2007-2008 Annual Action Plan;
B) Authorizes the transmittal of the documents to the U.S. Department of Housing and Urban
Development (RUD);
C) Instructs staff to include appropriations to fund the Annual Action Plan in the FY 2007-2008 City
Proposed Budget;
D) Authorizes the City Manager to Execute the project contracts for fiscal year 2007-2008 between
the City of Chula Vista and various community groups and any necessary amendments for minor
line item budget adjustments or necessary programmatic changes to the Scope of Wark; and,
E) Authorizes the City Manager to execute the Grant Agreements with HUD, and any other
programmatic functions necessary to administer the grants.
Presented by
Approved as to form by
Ann Hix
Acting Director of Community Development
'-I;~ (1/:~
Ann Moore
City Attorney
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