HomeMy WebLinkAbout2007/09/25 Item 9
CITY COUNCIL
AGENDA STATEMENT
~'Yf:. CITY OF
(HULA VlSfA
ITEM TITLE:
09/25/07, ItemL
PUBLIC HEARING TO CONSIDER AMENDING THE
FISCAL YEAR 2007-08 ANNUAL ACTION PLAN TO
REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FROM CLOSED OUT PROJECTS
TO THE SAN DIEGO REVOLVING LOAN FUND
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007-08
ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO THE SAN DIEGO REGIONAL REVOLVING LOAN
FUND; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS; AND
ESTABLISHING THE SAN DIEGO REVOLVING LOAN
PROJECT AND AUTHORIZING INTERPROJECT
TRANSFERS AS NECESSARY
ACTING COMMUN~ITY I}E. OPMENT DIRECTO#
CITY MANAGER
ASSISTANT CITY NAGER
4/5THS VOTE: YES ~ NO D
BACKGROUND
Community Development Block Grant (CDBG) funds are central to supporting our non-
profit partners in developing affordable housing, supporting essential social services, and
contributing towards community enhancement and economic development programs. On
May 1, 2007, the City Council approved the FY 2007-08 Annual Action Plan ("Action
Plan") for three Federal Grant Programs, including CDBG, and authorized its submittal to
the U.S. Department of Housing and Urban Development (HUD). HUD received the
City's Action Plan on May 15,2007 and approved it in June of2007. The Action Plan is
developed using significant public input and describes the City's spending priorities. It
serves as the local guide for three of the HUD's grant programs (CDBG, HOME
Investment Partnership, and Emergency Shelter Grant).
9-1
09/25/07,fiem~
Page 2 of3
Under the provIsIOns of CFR 570.902 of the Community Development Block Grant
regulations, significant revisions made to the Action Plan require an amendment to the
action plan, utilizing the public participation process outlined by HUD.
Staff is proposing to amend the Action Plan to reallocate unencumbered CDBG funds to an
eligible Economic Development activity.
The purpose of today's public hearing is to solicit public input on the proposed
reallocation and amendment to the 2007-2008 Annual Action Plan.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the National Environmental Protection Act due to the use of Federal funds, and has
determined that the proposed project is deemed exempt under the National Environmental
Protection Act (NEP A) Regulations.
RECOMMENDATION
Staff recommends the following:
I. Hold the public hearing;
2. Adopt resolution amending the fiscal year 2007-08 Annual Action Plan and authorize
submission of the Plan to the United States Department of Housing and Urban
Development;
3. Authorize the City Manager to enter into a subrecipient agreement with the San
Diego Revolving Loan Fund; and,
4. Establish a new project entitled San Diego Revolving Loan Fund and authorize the
interproject transfer of$35,000 from Projects 4121314333 and 4124319333.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista receives annual entitlement grants from the U.S. Department of
Housing and Urban Development (BUD) for the Community Development Block Grant,
HOME Investment Partnership Act, and Emergency Shelter Grant programs to support
activities, which benefit lower income households.
Annual Action Plan
The City of Chula Vista's Annual Action Plan is a comprehensive planning document
which identifies the City's needs in housing, homelessness, community and economic
development. In addition, it includes the allocation of funds for capital improvements,
community enhancement projects, economic development, public services, affordable
housing, frrst-time homebuyer programs and administration! planning activities. Any
changes or revisions to the approved Annual Action Plan subsequent constitutes a formal
amendment to the Plan. The City must comply with Citizen Participation Regulations
9-2
09/25/07, Item~
Page 3 of3
which require a 30-day comment period to allow for the public to review the proposed
amendment and make comments or suggestions. The 30-day comment period to review
the draft began on August 24, and ended on September 24, 2007. No comments were
received.
Proposed Amendment
In June of 2007, the City of San Diego (dba San Diego Revolving Loan Fund)
approached the City to discuss the possibility of participating in a revolving loan program
targeted to Chula Vista businesses. The program would help retain or grow existing
businesses, as well as help attract new businesses. The City's contribution of $35,000
will be matched 100% by additional grant funds in the San Diego Revolving Loan Fund.
As a CDBG fund recipient, the Fund will have to adhere to specific beneficial and
financial reporting requirements to the City to be provided to HUD. Under the BUD
Regulations in order for the activity to be eligible, permanent full time positions must be
created and made available to low/moderate income persons.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
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.
FISCAL IMPACT
Funds totaling $35,000 will be transferred from Projects 4121314333 and 4124319333 to
thenewly established project entitled San Diego Revolving Loan Fund. The funds were
previously budgeted to other activities which have subsequently been completed or
cancelled, returning the funds back to the City's Line of Credit. Therefore, there will be
no net impact to the General Fund or the CDBG program.
ATTACHMENTS
1. New Project Worksheet
2. Subrecipient Agreement
Prepared by: Angelica Davis, Community Development Specialist II
J :\COMMDEV\ST AFF.REP\2007\09-25-07\CDBG Amendment Staff Report. doc
9-3
CPMPVersion 2.0
Attachment 1
Grantee Name: City of Chula Vista
P ect Name: San Die 0 Revolvin
Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA
Funds will be utilized to fund a portion of the San Diego Revolving Loari Program which wHl assist a Chula Vista business
with a business expansion loan which wjJJ ultimately result in the creation of a new full time position.
Location:
Chula Vista
Ex ected Com letion Date:
06/30/2009
Objective Category
o Decent Housing
o Suitable Uving Environment
@ Economic Opportunity
Outcome Categories
o Availability/Accessibility
o Affordablllty
o Sustainabil1ty
J5
c
" "
> E
.!!.c
, Oft
'ti=
" ...
"0' E
.. 0
... U
u
0<
08 Businesses
Acc:ompL Type:
Accompl. Type:
Pro osed Outcome
Select one:
I Economic Development
Explanation:
... Pro osed 1
Underwa
Complete
... Pro osed
Underwa
Complete
... Proposed
Underway
Complete
Performance Measure
AccompL Type:
... Proposed
Underwa
Com lete
... Pro osed
Underwa
Com lete
... Pro osed
Underway
Complete
Actual Outcome
Acc:ompl. Type:
Accompl. Type:
lBC MIcro-Enterprise Assistance .... Matrix Codes ....
Matrix Codes .... Matrix Codes ....
Matrix Codes .... Matrix Codes ....
'" CDBG Pro osed Amt. 35,000 Fund Source: .... Pro osed Amt.
.. Actual Amount Actual Amount
.. Pro osed Amt.
" Fund Source: Fund Source: .... Pro osed Amt.
> Actual Amount Actual Amount
E
.. 08 Businesses .... Proposed Units 1 Accompl. Type: .... Pro osed Units
..
'" Actual Units Actual Units
0
.. Accompl. Type: .... Pro osed Units Acc:ompl. Type: .... Pro osed Units
...
Actual Units Actual Units
9-4
Attachment 2
CI1Y OF
CHULA VISTA
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF
A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
City of San Diego
San Diego Revolving Loan Fund
This Contract Number by and between the City of San
Diego dba San Diego Revolving Loan Fund (hereinafter referred to as
"Subrecipient") and the City 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 Block Grant funds; and
WHEREAS, City incorporated the Subrecipient's proposal for the project
described in Attachment "A" hereof (hereinafter referred to as the "Project")
into the City's Amendment to the Community Development Block Grant/HOME
Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was
submitted to the U.S. Department of Housing and Urban Development (HUD);
and
WHEREAS, HUD has approved the Amendment to the City's Annual
Funding Plan for Community Development Block Grant funds; and
WHEREAS, it is the desire of the Subrecipient and the City that the Project
be implemented by the Subrecipient; and
WHEREAS, the Subrecipient shall undertake the same obligations to the
City with respect to the Project in the City's aforesaid Annual Funding Plan for
participation in the Community Development Block Grant program;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of work
COBG Contract
Page 1 of 13
9-5
["Scope of Work") described in Attachment A, hereof fully and in
accordance with the terms of the Annual Funding Plan approved by the
City and submitted to HUD in application for funds to carry out the Project
and the Certifications which were submitted concurrently with the Annual
Funding 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 [City) 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, .l2
U.S.C. 1701 u [section 3). The purpose of section 3 is to
ensure that employment and other economic
opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are
9-6
CDBG Contract
Page 2 of 13
recipients of HUD assistance for housing.
Ii. The parties to this contract agree to comply with HUD's
regulations in 24 CFR part 135, which implement section
3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no
contractual or other impediment that would prevent
them from complying with the part 135 regulations.
iii. The Subrecipient agrees to send to each labor
organization or representative of workers with which the
Subrecipient has a collective bargaining agreement or
other understanding, if any, a notice advising the labor
organization or workers' representative of the
Subrecipient's commitments under this section 3 clause,
and will post copies of the notice in conspicuous
places at the work site where both employees and
applicants for training and employment positions can
see the notice. The notice shall describe the section 3
preference, Shall set forth minimum number and job
titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the
name and location of the person(s) taking applications
for each of the positions; and the anticipated date the
work shall begin.
iv. The Subrecipient agrees to include this section 3 clause
in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause,
upon a finding that the sub-contractor is in violation of
the regulations in 24 CFR part 135. The Subrecipient will
not subcontract with any sub-contractor where the
Subrecipient has notice or knowledge that the sub
contractor has been found in violation of the
regulations in 24 CFR part 135.
v. The Subrecipient will certify that any vacant
employment positions, including training positions, that
are filled (1) after the Subrecipient is selected but
before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be
directed, were not filled to circumvent the
Subrecipient's obligations under 24 CFR part 135.
CDBG Contract
Page 3 of 13
9-7
vi. Noncompliance with HUD's regulations in 24 CFR part
135 may result in sanctions, termination of this contract
for default, and debarment or suspension from future
HUD assisted contracts.
vii. With respect to work performed in connection with
section 3 covered Indian housing assistance, section
7[b) of the Indian Self-Determination and Education
Assistance Act 125 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 1979, 42 USC S 4601, et seq., and regulations
adopted to implement that Act in 49 CFR Part 24;
g. Office of Management and Budget ("OMB") Circular A-87 entitled
"Cost Principles for State, Local. and Indian Tribal Governments"
and OMB Circular A-133 entitled "Audits of States, Local
Governments, and Non-Profit Organizations." Referenced is
particularly made to 24 CFR 85 entitled "Administrative
Requirements for Grants and Cooperative Agreements to State,
Local. and Federally Recognized Indian Tribal Governments."
h. Grant administrative requirements as described in 24 CFR 570.504,
which requires Subrecipient to return any program income earned
by the Subrecipient in carrying out the activities of the Contract
with the City of Chula Vista.
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 Subrecipients control acquired or improved in
whole or in part with Community Development Block Grant funds in
excess of $25,000 will either be:
1. Used to meet one of the national objectives outlined by HUD
until five years after the expiration of the contract: or
9-8
CDBG Contract
Page 4 at 13
2. Disposed. of in a manner that results in the City being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non-Community Development Block Grant
funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the five year period
pursuant to 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 eligibility requirements, provisions of 24
CFR 570.489, and provisions of this contract.
i. 24 CFR 570.505 concerning use of real property;
j. The following iaws and regulations relating to preservation of
historic places: National Historic Preservation Act of 1966 (Public
Law 89-665); the Historical and Archaeological Preservation Act of
1974 (Public Law 93-291); and Executive Order 11593;
k. The Labor Standards Regulations set forth in 24 CFR 570.603;
I. Labor Code section 1771 concerning prevailing wages;
m. The Hatch Act relating to the conduct of political activities [5 u.s.c.
S 1501, etseq.);
n. The Flood Disaster Protection Act of 1973 (42 U.S.C. S 4001, et seq.,
and the implementing regulations in 44 CFR Parts 59-78);
o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended,
including Section 504 which relates to nondiscrimination in federal
programs and HUD 24 CFR Part 8;
p. The Clean Air Act [42 U.S.C. S 7401, et seq.) and the Federal Water
Pollution Control Act as amended (33 U.S.c. S 1251, et seq.) and
the regulations adopted pursuant thereto (40 CFR Part 6);
q. The Drug-Free Workplace Act of 1988 [Public Law 100-690);
r. The Lead-Based Paint Poisoning Prevention Act, the Residential
Lead-Based Paint Hazard Reduction Act of 1992, and
implementing regulations at 24 CFR Part 35;
s. No member, officer or employee of the Subrecipient or its
designee or agents, no member of the governing body of the
locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
CDBG Contract
Page 5 of 13
9-9
responsibilities with respect to the program during his/her tenure or
for one year thereafter, shall have any interest, direct, or indirect, in
any contract or subcontract, or the process thereof, for work to be
performed in connection with the program assisted under the
Grant, and that it shall incorporate, or cause to be incorporated, in
all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purposes of this certification.
t. The Subrecipient certifies, that in accordance with Section 319 of
Public Law 101-121, to the best of his or her knowledge and belief
that:
i. No federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer
or 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.
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.
9-10
CDBG Contract
Page 6 of 13
3. COMPENSATION: City shall reimburse Subrecipient for the costs it incurs
for work performed under this Contract, not to exceed a maximum
reimbursement of $35,000. Subrecipient shall not submit claims to the City nor
shall City reimburse Subrecipient for costs for which Subrecipient is reimbursed
from a source other than the funds allocated for work under this Contract.
4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly
progress payments upon submittal by Subrecipient of a certified statement of
actual expenditures incurred, provided, however, that not more than 90% of the
total agreed compensation will be paid during the performance of this Contract.
The balance due shall be paid upon certification by Subrecipient that all of the
required services have been completed. Payment by City is not to be construed
as final in the event HUD disallows reimbursement for the project or any portion
thereof. The 10% retention will not apply to acquisition or service contracts.
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 25th day of September 2007. The term of this
Agreement is for one year and the provisions herein shall be extended to cover
any additional time period during which the Subrecipient remains in control of
CDBG funds or other CDBG assets, including program income.
8. TERMINATION FOR CONVENIENCE: The City may permit the
agreement to be terminated for convenience in accordance with 24 CFR 85.44.
9. AUTOMATIC TERMINATION: This Contract shall terminate at the
discretion of the City if the United States Government terminates the Community
Development Block Grant Program or terminates the Project that is the subject of
this Contract.
10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City
CDBG Contract
Page 7 of 13
9-11
recognize that the City is the governmental entity which executed the grant
agreement received pursuant to the City's application and that City is
responsible for the proper performance of the Project. If Subrecipient fails to fulfill
in a timely and proper manner its obligations under this Contract to undertake.
conduct or perform the Project identified in this Contract, or if Subrecipient
violates any state laws or regulations or local ordinances or regulations
applicable to implementation of the Project, or if Subrecipient violates any
provisions of this contract. City shall have the right to terminate this contract by
giving at least five days written notice to Subrecipient of the effective date of
termination. Even if City terminates the Contract. Subrecipient shall remain liable
to City for all damages sustained by City due to Subrecipient's failure to fulfill any
provisions of this Contract. and City may withhold any reimbursement payments
. form Subrecipient for the purpose of set-off until the exact amount of damages
due to City from Subrecipient is determined. Subrecipient hereby expressly
waives any and all claims for damages for compensation arising under this
contract except as set forth in this section in the event of such termination.
11. CONTRACT ADMINISTRATION: The City Manager of the City of Chula
Vista. shall administer this Contract on behalf of the City. The President of the San
Diego Regional Revolving Loan Fund shall administer this contract on behalf of
the Subrecipient. Within a reasonable time after the City makes a request.
Subrecipient shall give the City progress reports or other documentation as
required by the City's Administrator to audit Subrecipient's performance of this
Contract.
12. RECORDS AND REPORTS: The Subrecipient shall maintain records and
make such reports as required by the City of Chula Vista. to enable the City to
analyze Subrecipient's project. All records of the Subrecipient related to this
Contract or work performed under the Contract shall be open and available for
inspection by HUD and/or City monitors and auditors during normal business
hours.
13. USE AND REVERSION OF ASSETS: The use and disposition of real property
and equipment under this Agreement shall be in compliance with the
requirements of 24 CFR Part 84 and 24 CFR 570.502. 570.503. and 570.504. as
applicable. which include but are not limited to the following:
a. The Subrecipient shall transfer to the City any CDBG funds on
hand and any accounts receivable attributable to the use
of funds under this Agreement at the time of expiration.
cancellation. or termination.
b. Real property under the Subrecipient's control that was
acquired or improved. in whole or in part. with funds under
this Agreement in excess of $25,000 shall be used to meet
one of the CDBG National Objectives pursuant to 24 CFR
570.208 until five (5) years after expiration of this Agreement
[or such longer period of time as the Grantee (City) deems
9-12
COSG Contract
Page 8 of 13
appropriate]. If the Subrecipient fails to use CDBG-assisted
real property in a manner that meets a CDBG National
Objective for the prescribed period of time, the Subrecipient
shall pay the City an amount equal to the current fair market
value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property. Such
payment shall constitute program income to the City. The
Subrecipient may retain real property acquired or improved
under this Agreement after the expiration of the five-year
period. .
c. In all cases in which equipment acquired, in whole or in part,
with funds under this Agreement is sold, the proceeds shall
be program income (prorated to reflect the extent to that
funds received under this Agreement were used to acquire
the equipment). Equipment not needed by the Subrecipient
for activities under this Agreement shall be (a) transferred to
the City for the CDBG program or (b) retained after
compensating the City [an amount equal to the current fair
market value of the equipment less the percentage of non-
CDBG funds used to acquire the equipment].
14. 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 City'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.
15. DATA: The Subrecipient shall maintain data demonstrating eligibility
(low-moderate locations, job creation) 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.
16.. 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.
CDBG Contract
Page 9 of 13
9-13
17. SEMI-ANNUAL REPORTSI ANNUAL REPORT: Subrecipient shall provide
the City with a semi-annual report, submitted no later than 15 days after the last
day of the reporting period, 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. Performance
Reports are due May 15 and November 15.
18. Close Out: The Subrecipient's obligation to the City shall not end until
all close-out requirements are completed. Activities during this close-out period
shall include, but are not limited to: making final payments, disposing of
program assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and accounts receivable to the
City), and determining the custodianship of records. Not withstanding the
foregoing, the terms of this Agreement shall remain in effect during any periOd
that the Subrecipient has control over CDBG funds, including program income.
19. Proaram Income: The Subrecipient shall report semi-annually all
program income (as defined at 24 CFR 570.500[a)) generated by activities
carried out with CDBG funds made available under this contract. The use of
program income by the Subrecipient shall comply with the requirements set forth
at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such
income during the contract period for activities permitted under this contract
and shall reduce requests for additional funds by the amount of any such
program income balances on hand. Program income shall be retained by the
Subrecipient to use for additional business loans and direct program delivery
costs. Any interest earned on cash advances from the U.S. Treasury and from
funds held in a revolving fund account is not program income and shall be
remitted promptly to the City.
20. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall
defend, indemnify, and hold harmless the 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
9-14
CDBG Contract
Page 10 of 13
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.
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.
21. 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.
22. 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.
23. MODIFICATION. This Contract may not be modified except by written
amendment executed by each party.
24. ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City
of Chula Vista and the U.S. Department of Housing and Urban Development 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
CDBG Contract
Page 11 of 13
9-15
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.
25. INSURANCE: Subrecipient agrees to comply with the insurance
requirement set forth in Attachment "B."
26. 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.
27. 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
Community Development Director
Community Development Department
276 Fourth Avenue
Chula Vista, CA 91910
President
San Diego Revolving Loan Fund
1200 3rd Avenue, 14the Floor
San Diego, CA 92101
9-16
CDBG Contract
Page 12 of 13
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
written above.
CITY OF CHULA VISTA
David R. Garcia,
City Manager, City of Chula Vista
APPROVED AS TO FORM
Ann Moore
City Attorney
ATTEST
City Clerk
CITY OF SAN DIEGO, a municipal
corporation, dba San Diego Regional
Revolving Loan Fund
Print Name afExecutive Director .or
DeslgrjeEi, Title. .
Attachment A Scope of Work
Attachment B Insurance Requirements
Attachment C Income Limits City of Chula Vista 2007
Attachment D Disclosure Form
CDBG Contract
Page 13 of 13
9-17
ATTACHMENT A
SCOPE OF WORK
City of San Diego dba San Diego Revolving Loan Fund (Subrecipient) has a
certain project to be implemented with Community Development Block Grant
[CDBG) Program funds. The work to be accomplished includes the following:
San Diego Regional Revolving Loan Program
1. Implement a business loan program within the City of Chula Vista
for neighborhood-serving businesses that meets a CDBG National
Objective of job creation. Funds will be used for direct program
delivery costs of operating the program and for the loan pool that
will assist businesses, as allocated in the estimated budget (Section
B). Program funds are available for the following:
. Working capital
. Furniture, fixtures, equiprnent
. Machinery
. Supplies, rnaterials, inventory
. Other start-up/expansion expenses (excluding building
renovation)
2. Provide business loans using the proceeds from loan repayments.
Funds shall be used for City of Chula Vista businesses for the types
of activities stated in the City of San Diego's San Diego Revolving
Loan Fund Policies and Procedures. The CDBG-funded businesses
shall corn ply with all applicable local, State, and federal laws (i.e.
licenses, permits).
3. Reporting requirements shall include a spreadsheet with
information on each loan, including name and address of business,
type of neighborhood-serving business, amount of loan, and
contract terms.
. Subrecipient will identify and track the success and
failure of individual loan/grant recipients.
. Subrecipient will monitor the businesses to ensure
program compliance in accordance with CDBG
regulations
. Subrecipient will handle complaints resulting from loan
recipients.
4. Copies of any subagreement(s) with Chula Vista businesses shall be
forwarded to the City within 30 days of execution.
9-18
Attachment "A"
Scope of Work
5. Completion of Loan Applications: Underwritina assessment:
Subrecipient will assist for-profit businesses in completing loan
applications, and will perform an assessment of each loan request
to: (a) determine the CDBG eligibility of the loan, (b) evaluate the
loan's job creation or job retention potential relative to meeting the
National Objective and Public Benefit standards,and (c) ascertain
that the loan will minimize, to the extent practicable, displacement
of existing businesses and jobs in neighborhoods.
The Subrecipient will perform a front-end assessment to determine
whether each loan and the financing terms associated with it are
appropriate, and as part of this assessment will consider the
business' need for financial assistance, the feasibility of the
proposed venture or business activity, the past business experience
of the applicant, the reasonableness of the proposed costs and
return to the applicant, the commitment of other sources of funds,
and the ratio of the loan amount to the full-time equivalent jobs
expected to be created.
6. Loan Review Committee: The Subrecipient will establish and
maintain a Loan Review Committee, consisting of a representative
of the Subrecipient, and two representatives of local financial
institutions familiar with business loans. The Loan Review Committee
will review all loan recommendations forwarded to it by the
economic development program staff of the Subrecipient. No loan
will be made under the economic development loan program
without the approval of a majority of the members of the Loan
Review Committee.
7. Proaram Income: The SUBRECIPIENT shall:
(A) Maintain appropriate documentation on the
receipt of Program Income (any principal and
interest received from loans made using CDBG
funds); and, (b) report all such income to the City of
Chula Vista Community Development Department
within 30 days of its receipt.
[B) Implement a Loan Policy (hereinafter referred to as
"Plan"). The Plan will contain guidelines for
implementation of the project. The Plan will include
the mission, objectives, and policies and
procedures, including, eligible. applicants, maximum
loan amount, underwriting guidelines, and eligible
types of activities. Any changes to the Loan Policy
must be reviewed by the City.
8. Eliaibilitv of Activitv- Businesses assisted in this program are limited to
Attachment "A"
Scope of Work
9-19
those Chula Vista businesses that provide goods and services to
City of Chula Vista and result in job creation or job retention for low
and moderate income persons. A low moderate income activity is
one which creates or retains permanent jobs, at least 51 % of which,
on a full time equivalent [FTE) basis, are either held by L/M income
persons or considered to be available to L/M income persons
(Attachment E).
9. Public BenefitTest (570.2091:
All HUD CDBG Economic Development Activities must pass the
"public benefit test" in addition to satisfying a national objective.
The economic development public benefit test consists of a ratio
measuring job creation to financial assistance provided.
Assistance to all the businesses must not exceed $35,000 per job
created.
10. Job Creation or Retention Activities
These activities designed to create or retain permanent jobs, at
least 51 % of which (computed on a full-time equivalent basis) will
be made available to or held by low-and moderate-income
persons.
The following requirements must be met for jobs to be considered
created or retained:
y" If the activity which creates jobs, there must be
documentation indicating that at least 51 % percent of
the jobs will be held by, or made available to, low and
moderate income persons.
For funded activities which retain jobs, there must be
sufficient information documenting that the jobs would have
been lost without the CDBG assistance and that one or both of
the following applies to at least 51 % of the jobs:
y" The job is held by a low-or moderate-income person; or
y" The job can reasonably be expected to turn over within
the following two years and steps will be taken to ensure
that the job will be filled by, or made available to, a low-
or moderate-income person.
y" The following requirements apply for jobs to be
considered available to or held by low and moderate
income persons.
9-20
Attachment "A"
Scope ot Work
. Created or retained are only considered to be available to
low and moderate income persons when:
v" Special skills that can only be acquired with substantial
training or work experience or education beyond high
school are not a prerequisite to fill such jobs, or the
business agrees to hire unqualified persons and provide
training; and
v" The recipient and the assisted businesses take actions to
ensure that low-and moderate-income persons receive
first consideration for filling such jobs.
Create of retain jobs are only considered held by low-or moderate
income households when the job actually held by a low-and
moderate-income person.
11. Written Aareements: SUBREClPIENT must enter into a written
agreement with the business and must include: (1) a commitment by
the business that at least 51 % of the jobs that are created or retained,
on a full-time equivalent basis, are held by low- and moderate-income
persons: (2) a listing by job title of the permanent jobs that will be
created or retained, which identifies the part-time and full-time
positions; (3) the sources and uses of all funds; and, (4) a specific
timeframe for completion. In addition, the written agreement must
include the loan terms established by the SUBRECIPIENT.
12. HUD Performance Measurements ReDortina:
a. DUNS Number: SUBRECIPIENT must obtain a Data Universal
Numbering System (DUNS) from each business that receives CDBG
assistance.
b. ReDort Outcomes of Economic DeveloDment Activities:
For activities that involve the creation of iobs, Subrecipient will be
required to report the following information:
. Total number of jobs created for the program year.
. The number of jobs with employer sponsored health care
benefits.
. The number of persons who were unemployed prior to
taking jobs created by the activity.
. The number of jobs created for each job type, using the
Economic Development Administration (EDA) classifications.
For activities that involve the retention of iobs. Subrecipient will be
required to report the following information:
. The total jobs retained for the program year.
. The number of jobs with employer sponsored health care
Attachment "A"
Scope of Work
9-21
benefits.
. The type of jobs retained by the EDA classifications, using the
same categories as above for job creation.
13. Monitorina of Job Creation/Retention: The Subrecipient will monitor
loan recipients on at least a quarterly basis to assess their progress in
creating jobs for low- and moderate-income persons, and will institute
default and foreclosure of the loan (with penalties if appropriate) in
instances where the loan recipient fails to take sufficient action to satisfy
the CDBG National Objective requirement.
14. Maintenance of Records: In addition to the financial records
regarding loan repayment cited above, the Subrecipient will maintain
sufficient records to fully document (a) the loan application and
underwriting review, including the front end assessment of CDBG
eligibility and appropriateness of the loan, (b) the final terms and
conditions of the loan (c) satisfaction of the CDBG National Objective,
and Public Benefit requirements consistent with the requirements of 24
CFR 570.208(0)(4) and 570.209 (Public Benefit Test), and (d) proper
utilization of program income received. All such records will be
maintained according to the general requirements of 24 CFR 570.506
and document that at least 51 percent of the jobs will be available to
low- and moderate-income persons, documentation for each assisted
business shall include:
. A copy of a written agreement, containing:
. A commitment by the business that it will make at least 51
percent of the FTE jobs available to low- and moderate-
income persons and will provide training for any of those
jobs requiring special skills or education;
. A listing by job title of the permanent jobs to be created,
indicating which jobs will be available to low- and
moderate-income persons, which jobs require special skills or
education, and which jobs are part-time; and,
. A description of the actions to be taken by the Subrecipient
and business to ensure that low- and moderate-income
persons receive first consideration for these jobs; and
. A listing by job title of the permanent jobs filled, and which jobs
were available to low- and moderate-income persons, as well
as a description of how first consideration was given to any such
persons for these jobs. The description shall include what type of
hiring process was used; the names of the low- and moderate-
income persons interviewed for each such job; and those hired.
9-22
Attachment "A"
Scope of Work
.
For benefit based on job creation, the following documentation must
be kept:
Where the Subrecipient chooses to document that at least 51
percenf of the jobs will be held by low- and moderate-income
persons, documentation for each assisted business shall include:
. A copy of a written agreement, containing:
. A commitment by the business that at least 51 percent of
the jobs created, on a full-time equivalent basis, will be held
by low- and moderate-income persons; and,
. A listing by job title of the permanent jobs to be created
(identifying which are part-time, if any).
. A listing by job title of the permanent jobs filled and which jobs
were initially taken by low- and moderate-income persons; and
. For each low- and moderate-income person hired, information
on the size and annual income of the person's family prior to the
time the person was hired for the job, or evidence that the
person may be presumed to be low or moderate income
based on the location of the business or the person's residence
[see 3570.208(a) (4) (iv)J.
For benefit based on job retention, the following documentation must
be kept:
. Evidence that in the absence of CDBG assistance, the jobs
would be lost: and,
. For each business assisted, a listing by job title of permanent
jobs retained, indicating which of those jobs are part-time and
(where it is known) which are held by low- and moderate-
income persons at the time the assistance is provided; and,
. Where applicable, identification of any of the retained jobs
(other than those known to be held by low- and moderate-
income persons) that are projected to become available to
low- and moderate-income persons through job turnover within
two years of the time CDBG assistance is provided, and
information on how the turnover projections were calculated;
and,
Attachment "A"
Scope of Work
9-23
. For each retained job claimed to be held by a low- and
moderate-income person, information on the size and annual
income of the person's family, or evidence that the person may
be presumed to be low or moderate income based on the
location of the business or the person's residence [see
3570.208(0) [4) (iv)]; and,
. For jobs claimed to be available to low- and moderate-income
persons based on job turnover: a description covering the items
required for "available to" jobs identified above; a listing of
each job that has turned over to date, indicating which of
those jobs were either taken by, or made available to low- and
moderate-income persons; and a description of how "first
consideration" was given to low- and moderate-income
persons for those jobs.
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:
June 30, 2008
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 SUBRECIPIENT be entitled to,
nor shall CITY reimburse SUBRECIPIENT, for more than $35,000 for work
performed under this Contract.
. Business Loans and reasonable program delivery costs up $35,000
. 1% of the loan proceeds and initial grant amount of $35,000 may
be used for program delivery costs.
In addition to the required quarterly reports identified in Section 12 of this
CONTRACT, the Subrecipient shall document job creation/job retention
mentioned above 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.
9-24
Attachment "A"
Scope of Work
ATTACHMENT B. 11
INSURANCE REQUIREMENTS FOR CONTRACTORS
cnY OF
CHUlA VISTA
Contractor must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under
the contract and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors and provide documentation of same
prior to commencement or work. The insurance must be maintained for the duration
of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
code1 (any auto).
3. Workers' Compensation insurance as required by the State of Califomia and
Employer's Liability Insurance.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1 . General Liability:
(Including operations,
products and completed
operations, as
applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
insurance with a general aggregate limit is used, either
the general aggregate limit must apply separately to this
project/location or the general aggregate limit must be
twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property
damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either the insurer will reduce or eliminate such
deductibles or self-insured retentions as they pertain to the City, its officers, officials,
employees and volunteers; or the Contractor will provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
Attachment "Bn
Insurance Requirements
9-25
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:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insureds with respect to liability arising out of
automobiles owned, leased, hired or borrowed by or on behalf of the
contractor, where applicable, and, with respect to liability arising out of work or
operations performed by or on behalf of the contractor including providing
materials, parts or equipment furnished in connection with such work or
operations. The general liability additional insured coverage must be provided
in the form of an endorsement to the contractor's insurance using ISO CG 2010
(11/85) or its equivalent. Specifically, the endorsement must not exclude
Products / Completed Operations coverage.
2. The contractor's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no
way relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days'
prior written notice to the City by certified mail. return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision [b) of
Section 2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers [LESLI) with a current A.M. Best's rating of no less than A X.
Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should
be on insurance industry forms, provided those endorsements conform to the contract
requirements.
All certificates and endorsements are to be received and approved by the City before
9-26
Attachment "B"
Insurance Requirements
-
--~._._-_....__.._.__._--
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 "B"
Insurance Requirements
9-27
AlTACHMENT 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
9-28
Attachment "C"
HUD Income Limits
ATTACHMENT C (Continued)
CDBG FUNDED PROJECTS QUALIFYING ON THE JOB CREATION/JOB RETENTION
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 househoid? (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 tha es describes vour familv.
RACE CATEGORIES HISPANIC/
ETHNICITY
Check One Race Category Only Check Only If Also
Hispanic
White
Biack/ Atrican American
Asian
American indian/ Aiaska 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
tb t
Name:
Household Address:
Signature:
(Print)
Telephone Number:
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 "e"
HUD Income Limits
9-29
Attachment "0"
Oisclosure Statement
Attachment "D"
Disclosure Form
9-30
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007-08
ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO
THE SAN DIEGO REGIONAL REVOLVING LOAN FUND;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS; AND ESTABLISHING THE SAN
DIEGO REVOLVING LOAN PROJECT AND AUTHORIZING
INTERPROJECT TRANSFERS AS NECESSARY
WHEREAS, on May I, 2007, the City CoUncil approved submittal of the Community
Development Block Grant (CDBG) and the HOME Investment Partnership (HOME) Program
Annual for Fiscal Year 2007-08, respectively, to the U.S. Department of Housing and Urban
Development; and,
WHEREAS, the City desires to amend the CDBG, HOME, and ESG Program to reallocate
$35,000 of unallocated CDBG funds from closed activities to a new 2007-08 Economic
Development Project, entitled San Diego Revolving Loan Fund; and,
WHEREAS, Federal regulations governing the CDBG, HOME and ESG Programs state that
significant programmatic and funding changes to the Plan constitute an amendment to the Plan; and,
WHEREAS, in compliance with HUD regulations and the City's Citizen Participation Plan, a
Plan Amendment requires a 30-day public review and comment period; and,
WHEREAS, pursuant to HUD regulations City's Citizen Participation Plan, the City began a
review and comment period on August 24, 2007, which ended on September 24 with no comments
received; and,
WHEREAS, on July 25, 2007. City Council held a noticed public hearing to consider the
Plan Amendment and the reallocation of CDBG funds; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
hereby amend the 2007-08 Annual Action Plan and a\lthorizes the submission of the Amendment to
the United States Department of Housing and Urban Development; and,
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute a
Subrecipient agreement and any necessary minor amendments with the San Diego Revolving Loan
Fund; and,
BE IT FURTHER RESOLVED, that the City Council of the City Of Chula Vista does hereby
establish a new project entitled San Diego Revolving Loan Fund and authorize the interproject
transfer of$35,000 from Projects 4121314333 and 4124319333.
Ann Hix
Acting Director of Community Development
Presented by
9-31