Loading...
HomeMy WebLinkAbout2008/05/06 Item 9 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~l'f:. ellY OF :lIfi CHUlA VISTA May 6, 2008, Item q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT, AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS FOR FEDERAL ASSISTANCE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROVING THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN AND AUTHORIZING THE NECESSARY APPROPRIATIONS TO FUND THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN CITY MANAGER 4/5THS VOTE: YES [!] NO c=J SUMMARY As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and city departments to provide decent housing, economic opportunities and provide a suitable living environment for low and moderate income persons. On March II, 2008, the City Council held a Public Hearing on the 2008-2009 CDBG, HOME and ESG funding recommendations. This item will approve the final Action Plan which contains the spending plan, as well as amend the 2007-2008 Action Plan to reallocate unencumbered or unexpended CDBG funds. 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 ADA curb ramps prior to the contract award. 9-1 RECOMMENDATION Adopt resolution. May 6, 2008, Item'l. Page 2 of7 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION 2008-2009 ANNUAL ACTION PLAN This report reviews the 2008-2009 entitlement amounts as well as the requests for funding received from various City departments and local organizations. For 2008-2009, the City anticipates utilizing the combined federal resources ($1, 973, 771 in CDBG, $88,169 in ESG and $906,542 in HOME). The following breaks down the federal grants, detailing the specific use of funds. ESG: $88,169 (3%) COMMUNITY DEVELOPMENT BLOCK GRANT In order to be eligible for CDBG funding, a project or program must address at least one of the national objectives, which are: 1) 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 natural disasters. For the 2008-2009 CDBG program, the City ofChula Vista will receive an entitlement of $1,973,771. The total dollar amount of CDBG funding requests and staffs recommendations is summarized in Attachment No. 1 to this report. In addition, the pie chart below illustrates how the full amount of CDBG funds will be distributed in 2008- 2009. Distribution of CDBG Grant erp's (including 108 payment) 64% General (Other) 5% 9-2 Elderly 2% Administration & PIarming 20% Public Services Category: The City received seventeen eligible requests for public services totaling $358,245. Based on the 15 percent cap of the annual grant ($1,973,771), the City may allocate up to $296,065 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. Staff recommends funding all seventeen. All have been funded in the past and have provided valuable services in various categories while adhering to all of the program regulations. There was no change in priorities and no significant May 6, 2008, Item q Page 3 of7 change was received in funding levels at the federal level, therefore the programs will receive similar funding as in prior years. The pie chart below demonstrates how the Public Services portion of the CDBG grant funds will be distributed in 2008- 2009. Elderly 10% Special Needs 11% Youth Capital Improvement and Community Enhancement Category: The City has historically allocated approximately $1.3 million of the CDBG entitlement amount to fund capital improvement projects and community enhancement projects. Although this category is not subject to a spending cap limit, the funding is determined by the residual amount after the distribution among the Administration and Public Services categories. For 2008-2009 the remaining amount is $1,282,952 and will be allocated to a Community Non-Profit capital improvement project, the City's ADA curb cut project, and payment of the Section 108 Loan which is being utilized for sidewalks in the Castle Park Area. The pie chart below demonstrates how the Capital Improvement and Community Enhancement portion of the portion the CDBG grants funds will be distributed in 2008- 2009. Home Improvement Loan Program 350/< Community Non- Profits 5% 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 ($394,754) may be obligated under this category. In addition to city staff costs, administration funds also fund outside planning functions such as fair housing activities and homeless information and referral services. 9-3 May 6, 2008, Item '1 Page 4 of7 EMERGENCY SHELTER GRANT (ESG) PROGRAM Chula Vista will receive ESG entitlement funds in the amount of $88,169 for fiscal year 2008-2009. 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 proposal from South Bay Community Services to provide homeless services primarily to women, children and families. HOME INVESTMENT PARTNERSIDP ACT (HOME) PROGRAM The City will receive $906,542 in HOME funds from HUD for fiscal year 2008-2009, which includes $7,048 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. PROJECT CONTRACTS 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 1, 2008 to June 30, 2009. Each contract has several exhibits attached which are incorporated into the contract. The sample CDBG contract is included as Attachment No.2 and contains the respective attachments (A through D). 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 receive services each month. This performance schedule will be used to monitor each agency's progress in completing the scope of work. It will also include an estimated budget which details how the agency intends to expend the CDBG and 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 for the City of Chula Vista. . Attachment C: The HUD Income Limits for the San Diego Standard Metropolitan and sample form (effective March 2008) will be used to determine the number oflow 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. . Attachment D: City of Chula Vista Third Party Disclosure Form. This form is provided to Subrecipients to complete. 9-4 May 6, 2008, Item :l Page 5 of7 The request for the authority to execute contracts includes the following organizations for the purpose and amount stated: Contract OrganizationfDepartmcnt Pro,ject/Program Amount South Bay Adult Day Health Care Adult Protective Services Center Transportation $ 11,000,00 Lutheran Social Services Caring Neighbors - Home Repair $ 20,000.00 Ecumenical Council of San Diego Interfaith Shelter Network $ 10,350.00 South Bav Community Services Thursdav's Meal $ 10,000.00 Charles I. Cheneweth Foundation Community Access Program $ 11,000.00 Chula Vista Veterans Home Sunnort Rehabilitation Services $ 3,500.00 South Bav Familv YMCA $ 29,854.00 Chula Vista Beacon Center $ 7,783.00 Chula Vista Bovs and Girls Club $ 14,413.00 Chula Vista Police Athletic Leapue Youth Prevention and Diversion $ 5,000.00 South Bav Community Services $ 39,550.00 Chula Vista Community Collaborative Family Resource Center $ 35,000.00 KidCare Express III Mobile Chula Vista Familv Health Center Medical Unit $ 27,000.00 Lutheran Social Services Proiect Hand $ 7,380.00 South Bay Community Services / Family Violence Treatment YMCA Program $ 34,000.00 Chula Vista Familv Health Center HV AC Proiect $ 30,000.00 Regional Task Force on the Regional Task Force on the Homeless Homeless $ 1,000.00 South Bay Community Services Casa Nueva Vida $ 83,769.00 The above list of contractors includes outside agencies and does not include City administered projects and programs. 9-5 May 6, 2008, Item 3- Page 6 of7 AMENDED 2007-2008 ANNUAL ACTION PLAN The 2007-2008 Annual Action Plan will be amended to reallocate prior year CDBG Funds. The chart below demonstrates the origin of the reallocated funds as well as the proposed new projects. Following the chart is a more detailed explanation on the reallocation of funds. Bo s and Girls Club Lauderbach CIP 2007-2008 Community Housing Improvement Revolving Loan Program $ 426,609 Rehabilitation Loan Pro am Income Loan Fund Total $ 1,226,609 1. The Section 108 Loan Repayment of $800,000 was not utilized due to a delay in loan processing. For this reason, no payment was necessary for fiscal year 2007-2008. The reallocated funds will be targeted to the same project in the Castle Park area, more specifically entitled the First Avenue Project (STL303). These funds were previously appropriated; therefore, a new appropriation is not required. 2. Per the Boys and Girls Club request, the funds previously allocated to the Lauderbach CIP will be reallocated to another eligible activity. 3. Program income funds are generated from the City's Community Housing Improvement Program (CHIP) Loan through payoffs as well as interest earned. Although the funds will be utilized for the same purpose, it is necessary to reallocate the funds to properly establish a Revolving Loan Fund which is not currently in place. 4. The City of San Diego did not execute the agreement for the San Diego Revolving Loan Fund program; therefore, funds can not be released and will be reallocated to the CHIP program. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember Steve Castafieda has property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT 2008-2009 Budget The City will allocate $1,973,771 in CDBG; $899,494 in HOME and $88,095 in ESG, for a total of $2,968,482 in 2008-2009 Entitlement Funds. The grand total of $2,968,482 federal grant funds will be appropriated in the fiscal year 2008-2009 City Proposed Budget as follows: 9-6 May 6, 2008, Item 1- Page 7 of7 Grant Program Budget Fund Budget Category Amount CDBG 333) CDBG (333) HOME (321) CDBG 333) ESG 314) CDBG 333 HOME (321) SG(314) $ 390,000.00 $ 587,647.00 $ 816,593.00 $ 637,370.00 $ 83,769.00 $ 358,754.00 $ 89,949.00 $ 4,400.00 TOTAL $2,968,482.00 Administration Administration The above amount represents a 1 % reduction in CDBG and HOME funding. This will reduce funds available for administration which results in a net impact to the General Fund of approximately $5,000. CDBG, HOME and ESG contracts, internal projects and administrative costs, totaling $2,968,482, will be funded out of the City's 2008-2009 Department of Housing and Urban Development grant funds. 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. 2007-2008 Budget For Fiscal Year 2007-2008, real10cated as fol1ows: the $1,226,609 of Prior Year CDBG Funds will be Budget Grant Program (Budget Fund) Category Amount CDBG 333) CDBG 333) $ 800,000 $ 426,609 $ 1,226,609 ATTACHMENTS 1. 2008-2009 Funding Requests and Funding Recommendations 2. Sample CDBG Agreement (which includes the fol1owing attachments): . Attachment A- Scope of Work . Attachment B- Insurance Requirements . Attachment C- HUD Income Limits 2008 . Attachment D- Disclosure Form 3. Sample Emergency Shelter Grant Contract (which wil1 include Attachments A through B listed above) 4. Sample HUD Contracts Prepared by: Angelica Davis, Redevelopment and Housing Program Coordinator II 9-7 Summary of Federal Grant Requests Requests and Recommendations CDBG - HOME - ESG 2008/2009 Ecumenical Councl of San Diego Interfaith Shelter Network $ $ 10,350.00 $ 11,000.00 $ 21,350.00 $ 10,350.00 South Bay Community Services Thursday's Meal 10 ,000 ,00 Subtotal $ 20,350.00 Charles I. Cheneweth Foundation Community Access Program $ 15,000,00 $ 11 ,000.00 Chula Vista Veterans Home Support Rehabilitation Services $ 4,000,00 $ 3,500.00 Recreation Department Therapeutic Recreation Services $ 25,626,00 $ 17,936.00 Subtotal $ 44,626.00 $ 32,436.00 Recreation Department WizKidz Program $ 15,571,00 $ 12.299.00 South Bay Famiiy YMCA $ 42,076,00 $ 29,B54.00 Chula Vista Beacon Center $ 10,969.52 $ 7.783.00 Chula Vista Boys and Girls Club Youth Prevention ond Diversion $ 20.313.00 $ 14.413.00 Chuia Vista Police Athletic Lea ue $ 5,000,00 $ 5,000.00 South Bay Community Services $ 52,640.00 $ 39,550.00 Subtotal 146.569.52 $ 108,899.00 Chula Vista Community Collaborative Family Resource Center $ 35,000.00 $ 35,000.00 KidCare Express III Mobiie Chula Vista Famiiy Health Center Medical Unit $ 30.000.00 $ 27,000.00 Lutheran Social Services Project Hand $ 8,000.00 $ 7,380.00 outh ay Community Services / Family Violence Treatment YMCA Program $ 35,700.00 $ 34,000.00 Subtotal $ 108,700.00 $ 103,380.00 Total $ 358,245.52 $ 296,065.00 Attachment No.1 9-8 Summary of Federal Grant Requests (con!.) CDSG (Continued) . . Amount Recommended Organization/Department Project/Program Requested Funding Chula Vista Family Heaith Center HV AC Project $ 30.000.00 $ 30.000.00 Engineering and General Services Department ADA Curb Cuts $ 350.000.00 $ 390.000,00 Community Housing Redevelopment and Housing Improvement Program $ 225.582.00 $ 225.582.00 Redevelopment and Housing Section 108 Loan Payment $ 637.370.00 $ 637.370.00 Total $ 1,212,952.00 $ 1,282,952.00 Amount Recommended Organization/Department Project/Program Requested Funding Redevelopment and Housing Fair Housing Services $ 35.000.00 $35.000,00 Regionai Task Force on the Regional Task Force on the Homeless Homeless $ 1 .000.00 $1.000,00 Redevelopment and Housing Planning & Administration $ 358.754,00 $ 358.754,00 Total $ 394,754.00 $ 394,754.00 HOME $906,542.00 Redevelopment and Housing Production of Affordable Housing $ 809 .545,00 $ 809,545,00 Redevelopment and Housing Redevelopment and Housing HOME Planning & Administration $ Program 89.949,00 $ 7.048,00 $ 89.949,00 7.048,00 Total $ 906,542.00 $ 906,542.00 ESG $88,169.00 ESG Planning & Administration $ $ 85.000,00 $83.769,00 South Bay Community Services Coso Nueva Vida Redevelopment and Housing 4.400,00 $ 4.400,00 Total $ 85,000.00 $88,169.00 Attachment No.1 9-9 ~ 1ft.. -(1- - 0lY OF CHUIA VISTA AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT INSERT SUBRECIPIENT NAME INSERT PROJECT NAME This Contract Number by and between the (hereinafter referred to as "Subrecipient") and the City of Chula Vista (hereinafter referred to as "City") is effective on Julv 1,2008 ("Effective Date"), WITNESSETH: 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 Subrecipients's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S, Department of Housing and Urban Development (HUD); and WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; and WHEREAS, it is the desire of the Subrecipient and the City that the Project be implemented by the Subrecipient; and WHEREAS, the Subrecipient shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the ^ttClC~JO. 4008/2009 CDBG Contract Page 1 of 12 9-10 City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annua[ . Funding Plan. The Annua[ Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Subrecipient sha[1 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 applicab[e comply with each of the fo[lowing 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 [ow that further the purposes of the Nationa[ Environmenta[ Policy Act of 1969 and the procedures by which grantees must fu[fill their environmental responsibilities; d. Tit[e VI of the Civil Rights Act of 1964 (42 USC S 2000d); Tit[e V[[ of the Civil Rights Act of 1964 (Pub[ic Law 88-352); Tit[e V[[[ of the Civil Rights Act of 1968 (Fair Housing Act. 42 USC S 3601. et seq.); Section 109 of the Housing and Community Deve[opment Act of 1974; Executive Order 11246. as amended (equa[ 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 ri!;jhts; e. Section 3 of the Housing and Urban Deve[opment Act of 1968. as amended. 12 U.s.e. 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 Deve[opment Act of 1968. as amended. 12 U.S.e. 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 [ow-income persons. particularly persons who are recipients of HUD assistance for housing. Attachment No. 4008/2009CDBGContract 9-11 Page2ot12 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. 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 71b) of the Indian Self-Determination and Education Attachmcnt--No. 400812009 CDBGContract 9-12 Page 3 of 12 Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 71b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and Iii) 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 7Ib). 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-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-l10 entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations. " h. Grant administration requirements as described in 24 CFR 570.504, which requires Subrecipient to return any program income earned by Subrecipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Subrecipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Subrecipient's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of. or improvement to, the property. Reimbursement is not required after the five-year period /\ tta cR-me-A-t No. 4008/2009 CDBG Contract 9-13 Page 4 of 12 pursuant to 24 CFR 570.505. Program income on hand at the time' of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract. i. 24 CFR 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and AFChaeological 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, et seq.); 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.e. 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 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 lJta chm c n-t--N O. 4008/2009 CDBG Contract Page 5 of 12 9-14 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. 3 4151, et seq.); u. The Americans with Disabilities Act [42 U.S.c. 3 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 City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Subrecipient to comply with the requirements of any such obligation. 2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable local, state, and federal laws, regulations, and ordinances when performing the work required by this Contract. 3. COMPENSATION: City shall reimburse Subrecipient for the costs it incurs for work performed under this Contract, not to exceed a maximum reimbursement of S . Subrecipient shall not submit claims to the City AttG ch me Rt-N O. 4008/2009 CDBG Contract Page 6 of 12 9-15 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 st 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. /\ttacAmcnt No. 9-16 4008/2009 CDBG Contract Page 7 of 12 10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Subrecipient fails to fulfill in a timely and proper manner its obligations under this Contract to undertake, conduct or perform the Project identified in this Contract, or if Subrecipient violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Subrecipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Subrecipient of the effective date of termination. Even if City terminates the Contract, Subrecipient shall remain liable to City for all damages sustained by City due to Subrecipient's failure to fulfill any provisions of this Contract, and City may withhold any reimbursement payments form Subrecipient for the purpose of 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 Redevelooment and Housina Manaaer of the City of Chula Vista, shall administer this Contract on behalf of the City. The Director of the Chula Vista Communitv Collaborative shall administer this contract on behalf of the Subrecipient. Within a reasonable time after the City makes a request, Subrecipient shall give the City progress reports or other documentation as required by the City's Administrator to audit Subrecipient's performance of this Contract. 12. RECORDS AND REPORTS: The Subrecipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Subrecipient's project. All records of the Subrecipient related to this Contract or work performed under the Contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. 13. RETENTION: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of 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 ,^\ttachmcA-t---No. 400812009 CDBG Contract 9-17 Page 8 of 12 provided. Such information shall be made available to City monitors or their designees for review upon request. 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 Reports are due October 15 (1'1 Quarter), January 15 (2nd Quarter), April 15, (3rd Quarter) and July 15 [4th Quarter). The Annual Performance Report will also be due July 15. 17. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall defend, indemnify, and hold the City, its officers, agents, employees and volunteers harmless from and 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 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, c1airns caused by the concurrent act, error, ornission or negligence, whether active or passive, of City, and/or its agents, officers, ernployees or volunteers. However, Subrecipient shall have no obligation to defend or indemnify City frorn a c1airn 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 indernnify, 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 ,^, tt8 C R-me-A-t--N O. 4008/2009 CDBG Contract Page 9 of 12 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. 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." any 23. NO WAIVER: No failure, inaction, neglect or delay by City in exercising of its rights under this Contract shall operate as a waiver, forfeiture or /\ t-t-ae-Rme-A-t-N O. 4008/2009 CDBG Contract Page 10 of 12 9-19 abandonment of such rights or any other rights under this Contract. 24. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail. postage prepaid, addressed to: Subrecipient: Insert Name of Subrecipient Title of Agency Address City, State Zip Code City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 /\tta cA-meR-t---N o. 9-20 4008/2009 CDBG Contract Page 11 of 12 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 INSERT NAME OF SUBRECIPIENT , Title /\ tta chmeR-t---N 0 . 9-21 4008/2009 CDBG Contract Page 12 of 12 "ATTACHMENT A" SCOPE OF WORK Page 1 of 2 (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 Goals and Objectives using CDBG Agreement Performance Measurement: Assist Vista. low-moderate income residents of Chula CDBG National Obiective: LMC (Limited Clientele): Low/Moderate Income A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to fullfill the project by June 30, 2009, or earlier. B. ESTIMATED BUDGET: SUBREClPIENT 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, more than S for work performed under this Contract. The Estimated Budget shall be apportioned and expended in accordance with the table below: Expense Item Descriotion Estimated Budaet Contract total SKXXX.OO 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 Redevelopment and Housing Department upon receipt of a written request and at the time of any monitoring of project records. Attachment No.2 9-22 0lY OF CHULA VJSrA "ATTACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 1 of 3 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, codel (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 Deductib/es and Self-Insured RetenHons Any deductibles or seif-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 No.2 9-23 01Y OF CHUlA VISfA "ATTACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 2 of 3 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 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 indemnity the additional insured wouid be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Contractor's insurer will provide a. Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Attachment NO.2 9-24 0lY OF CHUlA VISrA "ATTACHMENT B" INSURANCE REQUIREMENTS FOR CONTRACTORS Page 3 of 3 Subcontractors Contractor must include ail subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. Ail coverage for subcontractors are subject to ail of the requirements included in these specifications. Attachment NO.2 9-25 ATTACHMENT "C" HUD INCOME LIMITS 2008-CITY OF CHULA VISTA $ 44,250.00 27,650.00 1 6,600.00 2 50,550.00 31,600.00 18,950.00 3 56,900.00 35,550.00 21,350.00 4 63,200.00 39,500.00 23.700.00 5 68,250.00 $ 42,650.00 25,600.00 6 73,300.00 45,800.00 27,500.00 7 78,350.00 49,000.00 $ 29,400.00 8 $ 83,400.00 52,150.00 31,300.00 l\ttacA-mcnt No. 2 9-26 Attachment "C" HUD Income Limits (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.) _Extremely Low Income below the following income limits based on family size: (11 $16.660 (2) $18.950 (3) $21.350 (4) $23.700 (5) $25.600 (6) $27.500 (71 $29.400 (8) $31,300 _Very Low Income below the following income limits based on family size: (I) 27,650 121 $31.600 13) $35,550 (4) $39,500 (51 $42,650 (6) $45.800 (7) $49,000 18) $52,150 _Low Income below the following income limits based on family size: (I) $44,250 (2) $50,550 (3) $56.900 (4) $63.200 (51 $68,250 (6) $73,300 (7) $78,350 (8) $83.400 _Not Low Income and do not fall into the extremely, very low, or low income categories listed above based on family size. [NOTE: The above information is for 2008 and changes each calendar year. To obtain updated information go to htto"/Iwww huduser.ora/datasets/i1 html and search for income limits for the San Diego area.) 3. Please chec e ox eow a es escn es your amllY. 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 k th b b I th t b t d 'b f '1 Name: (Print) Household Address: Telephone Number: Signature: Note: Name, address, telephone and signature ore optional. An unique identifier may be used to trace client served to meet COBG limited clientele requirement. AttDChme-A-t--No.2 9-27 Attachment "c" HUD Income Limits Attachment "0" _ ~isclosure statement This has been provided by you and is currently on file with the City of Chula Vista Redevelopment and Housing Attachment No.2 9-28 Attachment "D" Disclosure Form ~\ft.. --- 01Y 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 City of Chula Vista ("City") on Julv 1, 2008. ("Contractor") and the 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 ("AFP") which was submitted to HUD; and WHEREAS, Chula Vista City Council approved the Project on May 6, 2008 and HUD has approved the City's 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: AttachmentNo. 3 9-29 2008/2009 ESG Contract Page 1 of 9 (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, et seq.) as amended; (b) HUD regulations relating to ESG Program (24 CFR Part 576); (c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR 576.57, subd. (e)); (d) Title VI of the Civil Rights Act of 1964 (42 USC 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. et seq.); 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.C. 1701 u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract. the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. Attachme f1tt\J o. 3 9-30 2008/2009 ESG Contract Page 2 of 9 (4) Contractor sha[1 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 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 fi[led to circumvent Contractor's obligations under 24 CFR part 135. (6) Noncomp[iance 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 Circu[ar A-122 entitled "Cost Principles for Non-Profit Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States, Loca[ Governments, and Non-Profit Organizations" and with Office of Management and Budget Circular A-11 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.C. 11375; (i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; AttactTmenlf'\Jo. 3 9-31 2008(2009 ESG Contract Page 3 of 9 OJ The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeologicaf 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 otTitle 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; (0) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8. (p) The Clean Air Act (42 U.S.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) 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 Attachmerrr-N o. 3 9-32 2008/2009 ESG Contract Page 4 of 9 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 $XX,XXX. Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Contractor monthly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. EXPENDITURE STANDARD: In order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall expedite implementation of the Project described herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Contractor of the expenditure and implementation 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. TERM: This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 151 day of July, A ttactTm e I1tf\;J o. 3 2008/2009 ESG Contract 9-33 Page 5 of 9 2008 and end on the 30th day of June of 2009. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of ESG funds. - 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. City shall provide written notice to Contractor of the intent to terminate. 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 Executive Director, South Bav Community Services. shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this Contract. 11. RECORDS AND REPORTS: The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze Contractor's project. All records of the Contractor related to this Contract or work performed under this Contract shall be open and available for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained for a period of at least four (4) years after the end of the grant term. QUARTERLY REPORTS/CONSOLIDATED 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 Attachmentt\J o. 3 9-34 2008/2009 ESG Contract Page 6 of 9 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. Evidence of match must be submitted with each quarterly and annual report (CAPER). Quarterly Report due dates are: October 16, January 15 , April 16, July 15. CAPER due date is July 15, 2008 12. 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 injury to person, including death and dismemberment, or property (real or personal), 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: (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 A~o.3 9-35 2008/2009 ESG Contract Page 7 of 9 (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. 13. 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. 14. 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: Contractor: Insert Name of Contractor Title of Contact Address City, State Zip Code City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 /II 1/1 Signature Page to Follow Attachme fTt1'\J o. 3 9-36 2008/2009 ESG Contract Page 8 of 9 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 (INSERT NAME OF CONTRACTOR) INSERT NAME AND TITLE Attachme rrr-No. 3 9-37 2008/2009 ESG Contract Page 9 of 9 ATTACHMENT A SCOPE OF WORK INSERT CONTRACTOR'S NAME INSERT PROJECT NAME The Contractor shall provide services to the homeless in accordance with City of Chula Vista's approved application to the U.S. Department of Housing and Urban Development (HUD) for Emergency Shelter Grant Funding. ESG funds will be used for (Insert Activities) A. SERVICES: . Contractor will operate the project in accordance with the Contractor's Policies and Procedures Manual for Fiscal Year 2008-2009. Performance Measurement: The transitional housing facility will serve approximately 90 extremely low-income homeless individuals and families. Provide mental health counseling, trauma related services, assistance in finding housing and substance abuse services. Objective 1. INSERT OBJECTIVE Objective 2. By June 30, 2009, INSERT OBJECTIVE Essential Services: (INSERT) Operations: (INSERT) Data Collection Contractor shall comply with HUD's standards for participation in a local Homeless Management Information System and the collection and reporting of client-level information. B. DOCUMENTATION OF HOMELESSNESS Maintain adequate documentation of homelessness status to determine the eligibility of persons served by HUD's homeless assistance programs. The documentation shall be obtained by the participant or a third party at the time of the referral, entry, intake, or orientation to the ESG-funded project. A copy of the documentation shall be maintained in the client file. A person is considered homeless only when he/she resides in one of the places described below: . In places not meant for human habilitation, such as cars, parks, sidewalks, abandoned buildings, on the street; . In an emergency shelter; . In transitional or supportive housing for homeless person who originally came from the streets or emergency shj\ltG,[s: h t N 3 f-\llaC men o. 9-38 Attachment "A" . In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; . Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks need to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habilitation; . Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or . Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. C: ESTIMATED BUDGET: Contractor will make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall Contractor be entitled to, or shall funds be reimbursed in excess of, the total compensation described in Paragraph NO.3 (COMPENSATION SECTION) of this Contract. Essential Services Costs (24 CFR 576.3): Total Essential Services $XXXX.XX Operational Costs (24 CFR 576.21 (a) (3): Total Operations $XXXX.XX TOTAL 2008-2009: $XXXXX.XX Attachment NO.3 9-39 Attachment "A" D. CONFIDENTIALITY Contractor agrees to maintain confidentiality of any information regarding applicants, project participants or their families, which may be obtained through application forms, interviews, tests, reports, or any other source. However, it is agreed that the Contractor or Contractor's agency may release information or provide access to applicants, project participants, or their families to their own respective records in the following circumstances: 1) a release of information or other written consent is obtained from the applicant or project participant; and 2) the information is only provided to the City of Chula Vista or other appropriate service providers where said provider was the referral agent to the program. Such information shall be divulged for purposes related to the best interest of the participant, the audit, and evaluation of the Contract, and then only to persons having responsibilities under the Contract. The federal regulation at 24 CFR 576.56 (a)(2) describes this requirement. Attachment No.3 9-40 Attachment "A" cnv 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, code 1 (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 Hmit 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 Deducfibles 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 pertgln.t~ the pty, its officer~, p!!iciql~, employees and volunteers.; or the Contractor will provide <Ptft8Gf11tiflefiltel)l:@tadJry to the City guaranteeing Attochment "S" 9-41 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: 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 20 10 (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 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 (LESU) with a current A.M. Best's rating of no less than A X. Exception may be made forthe State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Attachment No.3 9-42 Attachment "B" Subcontractors Contractor must include 0[1 subcontractors as insureds under its policies or furnish separatl certificates and endorsements for each subcontractor. A[I coverage for subcontractors are subjec to all of the requirements included in these specifications. Attachment No.3 9-43 Attachment "B" ATTACHMENT "C" (Continued)" ESG FUNDED PROJECTS Your cooperation in filling out this form is requested. Record keeping on income oi participants in the program is a condition of receipt of federal funds for the program. The information provided on this form will remail confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of raCl and ethnicity is voluntary. 1. What is the total number of persons in your househoid? 2. What is the total combined annual income of all members of your household? (Please check one line below.) Extremely Low Income below based on family size: (1) $16,660 (2) $18.950 (3) $2L350 (4) $23,700 (5) $25,600 (6) $27,500 (7) $29,400 (8) $3L300 Very Low Income below based on family size: (1) 27,650 (2) $31,600 (3) $35,550 (4) $39,500 (5) $42,650 (6) $45,800 (7) $49,000 (8) $52,150 Low Income below based on family size: (1) $44,250 (2) $50,550 (3) $56,900 (4) $63,200 (5) $68,250 (6) $73,300 (7) $78,350' (8) $83,400 (NOTE: The above information is for 2008 and changes each calendar year. To obtain updated information go to htta:/ /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 A/so 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 NO.3 9-44 Attachment "C" Attachment "0"- Disclosure Statement This has been provided by you and is currently on file with the Redevelopment & Housing Attachment No.3 9-45 ATTACHMENT "C" HUD INCOME LIMITS 2008-CITY OF CHULA VISTA 44,250.00 27,650.00 16,600.00 2 50,550.00 31,600.00 18,950.00 3 56,900.00 35,550.00 21,350.00 4 63,200.00 39,500.00 23,700.00 5 68,250.00 42,650.00 25,600.00 6 73,300.00 45,800.00 27,500.00 7 78,350.00 49,000.00 29,400.00 8 83,400.00 $ 52,150.00 31,300.00 Attachment No.3 9-46 Attachment "e" Application for Federal Assistance SF-424 Version 02 "1. Type of Submission: "2. Type of Application " If Revision, select appropriate letter(s) 0 Preapplication 181 New 181 Application 0 Continuation "Other (Specify) 0 Changed/Corrected Application o Revision 3. Date Received: 4. Applicant Identifier. Sa. Federal Entity Identifier. "5b. Federal Award Identifier: B-08-MC-06-0563 State Use Only: 6. Date Received by State: 17. Slate Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: City Of Chula Vista "b. EmployerlTaxpayer Identification Number (EINITIN): "c. Organizational DUNS: 95-6000690 078-276551 d, Address: "Street 1: 276 Fourth Avenue Street 2: "City: Chula Vista County: San Dieoo "State: California Province: .Country: United States "Zip I Postal Code 91910 e. Organizational Unit: Department Name: Division Name: Redevelopment and Housing f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs. *First Name: Anaelica Middle Name: nla *Last Name: Davis Suffix: nJa TiUe: Project Coordinator U Organizational Affiliation: *T eiephone Number. 619-691-5036 Fax Number. 619-476-5310 *Email: actavis@ci.chula-vista.ca.us or-vrn Number: 404()..OOO4 Expimtion Dllle: 0 l/3112009 Attachment No.4 9-47 OtviB Number: 4040-0004 E.'tpirnrion D.ue: 0113112009 Application for Federal Assistance SF-424 Version 02 '9. Type of Applicant 1: Select Applicant Type: C. City or ToWnship Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) '10 Name of Federal Agency: Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-21B CFDA Title: Community Develcoment Block Grant '12 Funding Opportunity Number: *Title: 13. Competition Identification Number Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City-wide *15. Descriptive Title of Applicant's Project FY 2008~09 CDBG one-year plan to provide fundlng for eligible project/programs to primarily benefit low/moderate income persons. 9-48 OMB Number: 404Q..o004 Expiration Date: 0113112009 Appfication for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: "a. Applicant: 51" "b. ProgramlProject: 51" 17. Proposed Project: "a. Start Date: July 1. 2008 "b. End Date: June 30, 2009 18. Estimated Funding ($): "a. Federal $1.973.771 "b. Applicant "c. State "d. Local "e. Other *f. Program Income "g. TOTAL $1,973,771 "19. is Application Subject to Review By Stale Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on _ D b. Program is subject to E.O. 12372 but has not been selected by the State for review. I2J c. Program is not covered by E. O. 12372 "20. Is the Applicant Delinquent On Any Federal Debt? (If IIYes", provide explanation.) D Ves I2J No 21. "By signing this application. I certify (1) to the statements contained in the list of certifications" and (2) that the stetements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances- and agree to comply with any resulting terms jf I accept an award. I am aware that any false, fictitious, or fraudulent statements Dr claims may subject me to criminal, civn, or administrative penalties. (U. S. Code, Title 218. Section 1001) I2J .. [ AGREE .... The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions . Authorized Representative: Prefix: Mr. "First Name: David Middle Name: R. "Last Name: Garda Suffix: .TItle: *Telephone Number: 619-691-5036 I F ax Number. 619-476-5310 * Email: dgarcia@ci.chula~vista.ca.us "Signature of Authorized Representative: I "Date Signed: 05/06/08 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by ONlB Circular A-102 9-49 Application for Federal Assistance SF-424 Version 02 '1. Type of Submission: '2. Type of Application ' If Revision, seleel appropriate letter(s) 0 Preapplication 181 New 181 Application 0 Continuation 'Other (Specify) 0 Changed/Correcled Application o Revision 3. Date Received: 4. Applicant Identifier. Sa. Federal Entity identifier: '5b. Federal Award identifier: M-08-MC-06-0505 State Use Only: 6. Date Received by State: I 7. State Application identifier. B. APPLICANT INFORMATION: 'a. legal Name: City Of Chula Vista 'b. Employerrraxpayer Identification Number (EINrrlN): 'c. Organizational DUNS: 95-6000690 078-276551 d. Address: 'Street 1: 276 Fourth Avenue Streat2: 'City: Chula Vista County: San Dieco 'State: California Province: .Country: United States 'Zip I Postal Code 91910 e. Organizational Unit: Department Name: Division Name: Redevelopment and Housing f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs. "'Rrst Name: Anaeiica Middle Name: nla "'Last Name: Davis Suffix: nla Title: Project Coordinator II Organizational Affiliation: 'Telephone Number. 619-691-5036 Fax Number: 619-476-5310 'Emaii: adavis@ci.chula-vista.ca.u5 OMB Number: 4040-0004 E:>,:piration Dale: 01/3112009 9-50 OMS Number: 4040-0004 E.wiration Dnte; 0113112009 Application for Federal Assistance SF-424 Version 02 - "9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: "Other (Specify) -10 Name of Federal Agency: Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number. 14-239 CFDA Title: Home Ivestments Partnershio Acts (HOME) "12 Funding Opportunity Number. "Title: 13. CompetitIon Identification Number. Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): -15. Descriptive Title of Applicant's Project FY 2008-09 HOME one-year plan to provide funding to address local housing needs. 9-51 OMB Number: 4040~0004 Expiration Date: 01131/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: "a. Applicant: 51" ....b. ProgramlProject 51 SI 17. Proposed Project "a. Slart Dale: Juiy 1, 2008 "b. End Date: June 30, 2009 18. Estimated Funding ($): "a. Federal $899,494 "b. Applicanl "c. Slate "d. Local "e. Other $7,048 '"f. Program Income "g. TOTAL $906,542 "'19. Is Application Subject to Review By State Under Executive Order 12372 Process? 0 a. This application was made available to the State under the Executive Order 12372 Process for review on_ 0 b. Program Is subject to E.O. 12372 bul has nol been selected by the State for review. tzI c. Program is not covered by E. 0.12372 "20. Is the Applicant Delinquent On Any Federal Debt? (If uYes"l provide explanation.) o Ves tzI No 21. "By signing this application, i certify (1) to the stalements contained in the list of certifications- and (2) that the statements herein are true, complete and accurate to the best of my k.nowledge. I also provide the required assurances"'" and agree to comply with any resulting tenns if t accept an award. I am aware that any faise, fictitious, or fraudulent statements or claims may subject me 10 criminal. civil, or administrative penalties. (U. S. Code, Trtle 218, Secllon 1001) tzI "" I AGREE *'" The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. "'First Name: David Middle Name: R. "'Last Name: Garrcia Suffix: "l1t1e: City Manager '"Telephone Number. 619-691-5036 I Fax Number. 619-476-5310 .. Email: dgarcia@ci.chula-vista.ca.us "Signature of Autholized Representative: I "Dale Signed: 05/06/08 Authorized for Local Reproduction Standard Form 424 (Revised J 0/2005) Prescribed by OMS Circular A-I02 9-52 Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: "2. Type of Application " If Revision, select eppropriete lelter(s) 0 Preepplication I8l New I8l Application 0 Continuation "Other (Specify) 0 ChangecllCorrected Application o Revision 3. Date Received: 4. Applicant identifier: Sa. Federal Entity Ideniifier. "5b. Federal Award Identifier. S-08-MC-06-0540 State Use Only: 6. Date Received by State: I 7. State Application Identifier: 8, APPLICANT INFORMATION: "a. Legal Name: City Of Chula Vista "b. EmployerfTaxpayer Identification Number (EINfTlN): "c. Organizational DUNS: 95-6000690 078-276551 d. Address: "Street 1: 276 Fourth Avenue Street 2: "City: Chula Vista County: San Dieoo "State: Cafifomia Province: "'Country: United States "Zip I Postal Code 91910 e. Organizational Unit: Department Name: Division Name: Redevelopment and Housing. f. Name and contact.information of person to be contacted on matters involving this application: Prefix: Mrs. "'First Name: Anaelica Middle Neme: nla "'Last Name: Davis Suffix: nla Title: Project Coordinator Il Organizational Affiliation: "Telephone Number. 619-691-5036 Fax Number. 619-476-5310 "'Email: adavis@ci.chula~vista.ca.us OlvIB Number: 4040-0004 Expiration Dme; OIl31/2009 9-53 Application for Federal Assistance SF-424 Version 02 "9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2.: Select Applicant Type: Type of Applicant 3: Select Applicant Type: "Other (Specify) "10 Name of Federal Agency: Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-2.31 CFDA Title: Emeraencv Shelter Grant Proaram "12 Funding Opportunity Number. "Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City-wide -15. Descriptive Title of Applicant's Project FY 200812009 one--year plan for the first step in a continuum of assistance to prevent homeJessness and to enaable homeless persons to move toward indipendant living. OMS Number: 4040-0004 Expirntion Date: 01/3112009 9-54 OMB Number. 4040...Q004 EII:piration Date: 0113112009 - Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: 'a. Applicant: 51. *b. ProgramlProject: 51 s: 17. Proposed Project 'a. Start Date: July 1. 2008 'b. End Date: June 30, 2009 18. Estimated Funding ($): .a. Federal $88,169 'b. Applicant 'c. State 'd. Local 'e. Other *f. Program Income 'g. TOTAL $88,169 '19. Is Application Subject to Review 8y State Under Executive Order 12372 Process? 0 a. This appiication was made avallabie to the Slate under the Executive Order 12372 Process for review on_ 0 b. Program is subject to E.O. 12372 but has not been selected by the State for review. [8l c. Program is not covered by E. O. 12372 '20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) DYes [8l No 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications- and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances*'" and agree to comply with any resulting terms if 1 accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminai, civii, or administrative penaities. (U. S. Code, Ti~e 218, Section 1001) [8l - I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. *First Name: David Middle Name: R. 'Last Name: Garcia Suffix: 'Title: City Manager *Telephone Number: 619-691-5036 I Fax Number. 619-476-5310 * EmaH: dgarcia@cLchula-vista.ca.Lls *Signature of Authorized Representative: \- 'Date Signed: 05/06/08 Authorized for Local Reproduction Standard Form 424 (Revised 1012005) Prescribed by OMB Circular A-I 02 9-55 COUNCIL RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008- 2009 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT OF FUNDS FROM THESE PROGRAMS, AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS FOR FEDERAL ASSISTANCE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPROVING THE FISCAL YEAR 2007- 2008 AMENDED ANNUAL ACTION PLAN AND AUTHORIZING THE NECESSARY APPROPRIATIONS TO FUND THE FISCAL YEAR 2007-2008 AMENDED ANNUAL ACTION PLAN WHEREAS, as a Department of Housing and Urban Development (HUD) entitlement community, the City of Chula Vista receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnerships Program (HOME); and WHEREAS, staff has prepared the Fiscal Year 2008-2009 Annual Action Plan per HUD Rules and Regulations; and WHEREAS, the City will receive a Fiscal Year 2008-2009 CDBG entitlement of $1,973,771; a Fiscal Year 2008-2009 HOME entitlement of $906,542; and a Fiscal Year 2008- 2009 ESG entitlement of $88, 169; and WHEREAS, the City has followed its Citizen Participation Plan and held public hearings on housing and community needs on December 4, 2007 and March 11, 2008 at which time public testimony was received and considered by the City Council with respect to the Fiscal Year 2008-2009 Annual Action Plan; and WHEREAS, staff has determined that the proposed activities eligible for CDBG funding meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and WHEREAS, staff has determined that it is necessary and appropriate to fund special activities by certain sub-recipients in order to meet the goals and objectives of the Fiscal Year 2008-2009 Annual Action Plan; and 9-56 Resolution No. Page 2 WHEREAS, staff has determined that the sub-recipients are experienced and staffed in a manner such that they can prepare and deliver the services required by the City; and WHEREAS, in the event that HUD withdraws the City's CDBG funding, the City is not obligated to compensate the sub-recipients for program expenditures; and WHEREAS, on May 1, 2007, pursuant to Resolution No. 2007-099, the City Council approved the Fiscal Year 2007-2008 Annual Action Plan for the CDBG, HOME, and ESG programs; and WHEREAS, it is necessary to amend the Fiscal Year 2007-2008 Annual Action Plan to reallocate unexpended funds to eligible projects. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it: 1. Approves the Fiscal Year 2008-2009 Annual Action Plan for the Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) including set-aside funds for American Dream Downpayment (ADDI), and the Emergency Shelter Grant (ESG) Programs as set forth in the attached Exhibit "A"; 2. Authorizes the City Manager or his designee to execute an Agreement for Management and Implementation for Fiscal Year 2008-2009 between the City of Chula Vista and each of the sub-recipients listed in the attached Exhibit "A" in essentially the form attached to the Agenda Statement as Attachments 2 and 3; 3. Authorizes the City Manager to execute Applications for Federal Assistance SF-424 for the Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME) and the Emergency Shelter Grant (ESG) Programs with the Department of Housing and Urban Development (HUD); 4. Approves the Fiscal Year 2007-2008 Amended Annual Action Plan; and 5. Authorizes the necessary appropriations to fund the Fiscal Year 2007-2008 Amended Annual Action Plan. Presented by: Approved as to form by: David R. Garcia City Manager ,~;1 .L~ .~ Ann Moore 7/ . - City Attorney 9-57 EXHIBIT A Contract Ora;l n iza tion/Depa rtme"t Project/Prol!ram Amount South Bay Adult Day Health Care Adult Protective Services Center Transoortation $ 11,000.00 Lutheran Social Services Caring Neighbors - Home Reoair $ 20,000.00 Ecumenical Council of San Diello Interfaith Shelter Network $ 10,350.00 South Bav Community Services Thursdav's Meal $ 10,000.00 Charles I. Cheneweth Foundation Community Access Prollram $ 11,000.00 Chula Vista Veterans Home Suooort Rehabilitation Services $ 3,500.00 South Bav Familv YMCA $ 29,854.00 Chula Vista Beacon Center $ 7,783.00 Chula Vista Bovs and Girls Club Youth Prevention and Diversion $ 14,413.00 Chula Vista Police Athletic Leallue $ 5,000.00 South Bav Community Services $ 39,550.00 Chula Vista Community Collaborative Family Resource Center $ 35,000.00 KidCare Express 11l Mobile Chula Vista Familv Health Center Medical Unit $ 27,000.00 Lutheran Social Services Proiect Hand $ 7,380.00 South Bay Community Services / Family Violence Treatment YMCA Program $ 34,000.00 Chula Vista Familv Health Center HV AC Proiect $ 30,000.00 Regional Task Force on the Regional Task Force on the Homeless Homeless $ 1,000.00 South Bav Community Services Casa Nueva Vida $ 83,769.00 9-58