HomeMy WebLinkAbout2009/05/05 Item 4
CITY COUNCIL
AGENDA STATEMENT
,:SWf:. CITY OF
. ~CHULA VISTA
SUBMITTED BY:
May 5, 2009, Item.!L.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FISCAL YEAR 2009/2010
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; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL RELATED DOCUMENTS
NECESSARY TO OBTAIN THE ~D GRANTS
DEPUTY CITY MANAGE~ DEVELOPMENT SERVICES
DIRECTOR
CITY MANAGE~
4/5THS VOTE: YES D NO [TI
ITEM TITLE:
REVIEWED BY:
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 a suitable living environment for
low and moderate income persons. On March 24, 2009, the City Council held a Public
Hearing on 2009-2010 CDBG, HOME and ESG funding recommendations. This item
will approve the final Action Plan which contains the spending plan.
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.
RECOMMENDATION
Adopt resolution.
4-1
May 5, 2009, Item!t:
Page 2 of5
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
2009-2010 ANNUAL ACTION PLAN
This report reviews the 2009-20 I 0
entitlement amounts as well as the requests
for funding received from various City
departments and local organizations. For
2009-2010, the City anticipates utilizing
approximately $2.9million in combined
federal resources ($1,993,508 in CDBG,
$88,198 in ESG and $88],548 in HOME).
The city has not received its fmal
entitlement amounts and is therefore
proceeding with the estimate provided by
HUD. The following breaks down the
federal grants, detailing the specific use of
funds.
ESG
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 2009-2010 fiscal year, the City of Chula Vista will receive a CDBG entitlement
grant of approximatly $1,993,508. A summary of CDBG funding requests and staffs
recommendations is provided in Attachment No. I to this report. In addition, the pie
chart below illustrates how the full amount of CDBG funds will be distributed in 2009-
2010.
Distribution of CDBG Grant
Public Services Category: The City received seventeen eligib]e requests for public
services totaling $515,703. Based on the 15 percent cap of the armual grant, the City may
allocate up to $299,010 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 fifteen. Staff provided funding recommendations
based on the funding priorities established in the Consolidated Plan. Along with the
4-2
May 5, 2009, Item!J:
Page 3 of 5
funding priorities, staff also established additional criteria in response to the current
economic state, achieving a funding plan which best meets the needs of our community.
The funding methodology consists of a three-tier approach, classifying each of the
activities in the following three categories:
. Tier 1:
. Tier II:
. Tier III:
Basic/Essential Needs (Food, Housing, Emergency Services)
Special Needs (At-Risk Youth, Family Violence, Special Needs/Disabled)
Other (General)
Staff is recommending that applicants in Tier I and Tier II receive the same amount of funding as
in 2008-2009. A new program, the San Diego Food Bank - Food 4 Kids Backpack Program, has
been included in this category as it is deemed a Tier I program by providing an essential need
and is being recommended for approximately
half of the amount of their request. Based on
remaining funds, staff is recommending funding
Tier III applicants receive 82%of their prior
year funding. If The City receives more CDBG
funding than what is anticipated, additional
funding will be applied evenly to Tier III
applicants. Any applicant who was not a prior
year recipient and not a Tier I program was not
recommended for funding this program year.
The pie chart below demonstrates how the Public Services portion of the CDBG grant
funds will be distributed among Tiers I, II and III.
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 subj ect to a spending cap limit, the funding is determined by the residual
amount after the distribution among the Administration and Public Services categories. For
2009-2010 the remaining amount is $1,295,789 and will be allocated to a non-profit capital
improvement project, the City's ADA curb cut project, and debt service payments.
The pie chart below demonstrates how the Capital Improvement and Community
Enhancement portion of the portion the CDBG grants funds will be distributed in 2009-
2010.
Administration and Planning: This amount includes administration and planning costs
related to the general management, oversight and coordination of the CDBG program. No
4-3
May 5, 2009, Item!:t
Page 4 of 5
more than 20% of the annual entitlement ($398,701) 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.
EMERGENCY SHELTER GRANT (ESG) PROGRAM
Chula Vista will receive ESG entitlement funds in the amount of $88,198 for fiscal year
2009-2010. 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 PARTNERSHIP ACT (HOME) PROGRAM
The City will receive approximately $881,548 in HOME funds from BUD for fiscal year
2009-2010. 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.
No applications were received for HOME funds for 2009-2010. Staff will return once a
viable affordable housing project is presented to staff for funding recommendation.
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,
2009 to June 30, 2010. 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 BUD Income Limits for the San Diego Standard Metropolitan
and sample form (effective March 2009) will be used to determine the number of low
income households/persons served. Each program is required to serve a minimum of
51 percent low-income persons/households. A sample form for capturing this data is
included in CDBG agreements.
Attachment D: City of Chula Vista Third Party Disclosure Form. This form is
provided to Subrecipients to complete.
.
.
.
4-4
May 5, 2009, Item!t
Page 5 of 5
DECISION MAKER CONFLICT
Staff has determined that the activities under the Administration and some Public Service
programs of the CDBG, HOME and ESG programs are not site specific and consequently
the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not
applicable to this decision.
However, several Public Services programs and Capital Improvement and Community
Enhancement projects are site specific. For this reason, Staff reviewed the property
holdings of the City Council and found no property holdings within 500 feet of the
boundaries of the projects and programs.
CURRENT YEAR FISCAL IMPACT
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 2009-20 I 0 City Budget.
CDBG, HOME and ESG contracts, internal projects and administrative costs, totaling
$2,963,254, will be funded out of the City's 2009-2010 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.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact. The City receives annual entitlements of CDBG,
HOME and ESG funds.
ATTACHMENTS
1. 2009-2010 Funding Requests and Funding Recommendations
2. Sample CDBG Agreement (which includes the following attachments):
. Attachment A-Scope of Work
. Attachment B- Insurance Requirements
. Attachment C- HOD Income Limits 2008
. Attachment D- Disclosure Form
3. Sample Emergency Shelter Grant Contract (which will include Attachments A through
B listed above)
4. Sample HUD Contracts
Prepared by. Angelica Davis, Project Coordinator with the
Development Services Department, Redevelopment and Housing Division
4-5
ATTACHMENT 1
2009/2010
Federal G rants Funding Reqnests and Recommendations
CDBG I HOME I ESG
Regional Task Force on the
Homeless Task Force on the Homeless $ 1,000 $ 1,000 $1,000
2 Redevelopment and Housing Fair Housing Counseling Services $ 35,000 $ 35,000 $35,000
3 Fair Housing Council orSan Diego Fair Housing Audit Services $ 39,000 $ $10,000
CDBG Program Planning and
4 Redevelopment and Housing Administration $ 350,859 $ 358,754 $352,701
Total Re uested and Recommended $ 425,859 $398,701
Surplus/Shortfall $ (27,158) $0
$ $ *
Lutheran Social Services Project Hand $ 24,000 $ 7.380
Lutheran Social Services Caring Neighbor $ 24,000 $ 20,000 $8,85
9 South Bay Community Services Thursday's Meal $ 11 ,000 $ 10,000 $10,00
Interfaith Shelter Newark Interfaith Shelter Network $ 10,350 $ 10,350 $10,35
San Diego Food Bank Food 4 Kids Backpack Program $ 31,663 $ $15,00 **
8 South Bay Community Services Family Violence Treatment $ 50,000 $ 34,000 $34,00
Charles Cheneweth Foundation Community Access Program $ 15,000 $ 11,000 $11,00
Chula Vista Recreation Dept. Therapeutic Recreation Services $ 133,068 $ 17,936 $17,93
YMCA Youth Development
YMCA of San Diego (South Bay) Programs $ 30,000 $ 29,854 $29,85
Youth Services for High-Risk
South Bay Community Services Youth $ 39.550 $ 39,550 $39,55
South Bay Adult Day Health Care
Adult Protective Services Transportation $ 11,000 $ 11,000 $9,11
Chula Vista Community Chula Vista Family Assessment and
Collaborative Referral $ 45,000 $ 42,000 $35,433
F amity Health Centers of San
Diego KidCare Express Mobi]e Unit $ 30,000 $ 27,000 $22.36
Chula Vista Veterans Home
Support Rehabilitation Services $ 3,600 $ 3,500 $2,89
Boys and Girls Club of Chula
Vista Safe Kids Transportation Services $ 25,912 $ 14,413 $11,94
Chula Vista Recreation Dept WizKidz Program $ 18,560 $ 12,299 $10,18
Total Re uested and Recommended $ 515,703 $299,010
Surplus/Shortfall $ (216,693) $0
Attachment No.1
4-6
2009/2010
Federal Grants Fnnding Requests and Recommendations
(Continued)
24 Engineering ADA Curb Cut Program $ 505,000 $ 390,000 $504,922
25 Finance Department Section 108 Payment - Year Two $ 637,370 $ 637,370 $675,875
26 MAAC Project Telecommunication System $ 30,000 $ $
Family Health Centers of San Chula Vista Family Health Center
27 Diego Expansion $ 40,000 $ 30,000 $
South Bay Regional Homeless
28 South Bay Community Services Center $ 115,000 $ $115,00
Total Requested and Recommended $ 1,327,370 $1,295,797
Surplus/Shortfall $ (31,573) $0
29 Redevelopment and Housing $ 88,000 $ 89,949
30 Redevelopment and Housing Production of Affordable Housing $ 793,548 $ $793,548
Total Requested and Recommended $ 881,548 $881,548
Surplus/Shortfall $ $0
ESG Program Planning and
31 Redevelopment and Housing Administration $ 4,394 $ 4,394 $4,39
32 South Bay Community Services Casa Nueva Vida $ 85,000 $ 83,769 $83,80
Total Requested and Recommended $ 89,394 $88,198
Surplus/Shortfall $ (1,196) $0
* Applicant did not receive funding in 200812009; however did recive funding in 2007/2008
** Denotes new applicant
* * * Funding Methodology (Tiers I, II and [II)
Tier 1: Basic Needs (Food, Housing, Emergency Services)
Tier 2: Special Needs (At Risk Youth, Family Violence, Special NeedslDisabled)
TierJ: Other (General)
Attachment No.1
4-7
ATTACHMENT 2
AGREEMENf
FOR
MANAGEMENT AND IMPLEMENTATION
OF A
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
[SUBRECIPIENT NAME]
[PROJECT NAME]
This Contract Number by and between (hereinafter referred
to as "Subrecipient") and the City of Chula Vista (hereinafter referred to as "City") is effective on
Julv 1. 2009 ("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 GrantIHOME Investment Partnership/Emergency Shelter Grant Annual Funding
Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, HUD has approved the City Annual Funding Plan for Community Development
Block Grant funds; and
WHEREAS, it is the desire of the Subrecipient and the City that the Project be implemented
by the Subrecipient; and
WHEREAS, the Subrecipient shall undertake the same obligations to the City with respect to
the Project in the City's aforesaid Annual Funding Plan for participation in the Community
Development Block Grant program;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of work ("Scope of
Work") described in Attachment A, hereof fully and in accordance with the terms of the
Annual Funding Plan approved by the City and submitted to HUD in application for funds to
carry out the Project and the Certifications which were submitted concurrently with the
Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby
incorporated by reference into this contract fully as if set forth herein.
Subrecipient shall also undertake the same obligations to the City that the City has
undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The
obligations undertaken by Subrecipient include, but are not limited to, the obligation to, as
applicable, comply with each of the following as may be amended from time to time:
a. The Housing and Community Development Act of 1974 (Public Law 93-383, as
amended, 42 USC g 5301, et seq.);
b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1,
et seq.);
City Of Chula Vista
2009/2010
CDBG Contract
Page 1 of 12
4-8
.,--.----
c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further
the purposes of the National Environmental Policy Act of 1969 and the procedures
by which grantees must fulfill their environmental responsibilities;
d. Title VI of the Civil Rights Act of 1964 (42 USC ~ 2000d); Title VII of the Civil Rights
Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair
Housing Act, 42 USC ~ 3601, et seq.); Section 109 of the Housing and Community
Development Act of 1974; Executive Order 11246, as amended (equal employment
opportunity); Executive Order 11063 (non-discrimination), as amended by Executive
Order 12259; and any HUD regulations heretofore issued or to be issued to
implement these authorities relating to civil rights;
e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
Us.e 170lu.
All section 3 covered contracts shall include the following clause (referred to as the
"section 3 clause"):
i. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended,
12 Us.e 1701u (section 3). The purpose of section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance
or HUD-assisted projects covered by section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which implement section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the part
135 regulations.
ili. The Subrecipient agrees to send to each labor organization or representative
of workers with which the Subrecipient has a collective bargaining agreement
or other understanding, if any, a notice advising the labor organization or
workers' representative of the Subrecipient's commitments under this section 3
clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions
can see the notice. The notice shall describe the section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name
and location of the person(s) taking applications for each of the positions; and
the anticipated date the work shall begin.
iv. The Subrecipient agrees to include this section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this section 3 clause, upon a finding that the sub-contractor is in violation of
the regulations in 24 CFR part 135. The Subrecipient will not subcontract with
any sub-contractor where the Subrecipient has notice or knowledge that the
sub contractor has been found in vioiation of the reguiations in 24 CFR part
135.
v. The Subrecipient wiii certify that any vacant empioyment 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
City Of Chula Vista
2009/2010
CDBG Contract
Page 2 of 12
4-9
._---~_.__._._--_...-......-----_._._~-_..,--"....._-_._-
housing assistance, section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.s.e. 450e) also applies to the work to be
performed under this contract. Section 7 (b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this contract that are subject to the provisions of section
3 and section 7(b) agree to comply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1979,42 USC ~ 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-lIO 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:
1. Used to meet one of the CDBG National Objectives, as defined in 24 CFR
570.208, and outlined by HUD until five years after expiration of the contract; or
ii. Disposed of in a manner that results in the City being reimbursed in the amount of
the current fair market value of the property less any portion of the value attributable
to expenditures of non-Community Development Block Grant funds for acquisition
of, or improvement to, the property. Reimbursement is not required after the five-
year period pursuant to 24 CFR 570.505.
Program income on hand at the time of closeout and subsequently received shall
continue to be subject to all applicable Community Development Block grant
Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract.
i. 24 CFR 570.505 concerning use of real property;
j. The following laws and regulations relating to preservation of historic places: National
Historic Preservation Act of 1966 (Public Law 89-665); the Historical and
Archaeological Preservation Act of 1974 (public Law 93-291); and Executive Order
11593;
k. The Labor Standards Regulations set forth in 24 CFR 570.603;
1. Labor Code section 1771 concerning prevailing wages;
m. The Hatch Act relating to the conduct of political activities (5 U.s.C. ~ 1501, et seq.);
City Of ChuJa Vista
2009/2010
CDBG Contract
Page 3 of 12
4-10
n. The Rood Disaster Protection Act of 1973 (42 USC. ~ 4001, et seq., and the
implementing regulations in 44 crn 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 USe. ~ 7401, et seq.) and the Federal Water Pollution
Control Act, as amended (33 USe. ~ 1251, et seq.) and the regulations adopted
pursuant thereto (40 CFR Part 6);
q. The Drug-Free Workplace Act of 1988 (public Law 100-690);
r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint
Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35;
s. No member, officer or employee of the Subrecipient, or its designee or agents, no
member of the governing body of the locality in which the program is situated, and
no other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct, or indirect, in any contract or subcontract,
or the process thereof, for work to be performed in connection with the program
assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in
all such contracts or subcontracts a provision prohibiting such interest pursuant to the
purposes of this certification.
t. The Subrecipient certifies, that in accordance with Section 319 of Public Law 101-
121, to the best of his or her knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative
contract, and the extension, continuation, renewals, amendment, or modifications of
any federal contract, grant loan, or cooperative contract.
ii. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative contract, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
u. The Architectural Barriers Act of 1968 (42 USe. ~ 4151, et seq.);
v. The Americans with Disabilities Act (42 USe. ~ 12101); and
w. The bonding requirements described in 24 CFR Part 85.36 required for construction
or facility improvement contracts or subcontracts that exceed the simplified
acquisition threshold (defined at 41 USe. 403(11)). These requirements are further
described in Attachment A, which is attached hereto and incorporated by reference.
x. 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.
City Of Chula Vista
2009/2010
CDBG Contract
Page 4 of 12
4-11
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
$ Subrecipient shall not submit claims to the City nor shall City
reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other
than the funds allocated for work under this Contract.
a. Funding for Reimbursement: The City shall be obligated to reimburse Subrecipient only
to the extent and in the amounts that funds have been made available pursuant to
applications for Federal assistance. No City funds in excess of those provided by the
Federal government under such applications may be the source of reimbursement 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: The term of this contract shall start on the 1~ day of July, 2009 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" day of July,
2009 and end on the 30th day of June of 2010. With City approval, the term of this
Agreement and the provisions herein shall be extended to cover any additional time period
during which the Subrecipient remains in control of CDBG funds or other CDBG assets,
including program income.
8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be
terminated for convenience in accordance with 24 CFR 85.44.
9. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if
the United States Government terminates the Community Development Block Grant
Program or terminates the Project that is the subject of this Contract.
10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City recognize that the
City is the govemmental 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
City Of Chuia Vista
2009/2010
CDBG Contract
Page 5 of 12
4-12
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 Redevelopment and Housing Manager of the City of
Chula Vista shall administer this Contract on behalf of the City. The
shall administer this contract on behalf of the Subrecipient Within a reasonable time after the
City makes a request, Subreciplent 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 provided. Such information shall be
made available to City monitors or their designees for review upon request
IS. 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. OUARTERL Y 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" Quarter), January 15 (2nd Quarter), April 15, (3'" Quarter)
and July 15 (4'h 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, loss, damages,
City Of Chula Vista
2009/2010
CDBG Contract
Page 6 of 12
4-13
injury, including injuries to persons or property, judgments, awards, fines, mechanics' liens or
other liens, labor disputes, losses, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs, arising out of, related to, or incident to, whether
directly or indirectly, this Contract or performance of this Contract for any alleged acts,
errors, omissions, negligence, or willful misconduct of Subrecipient, its officers, employees,
agents, Subrecipients, licensees, or servants, including without limitation, claims caused by
the concurrent act, error, omission or negligence, whether active or passive, of City, and/or
its agents, officers, employees or volunteers. However, Subrecipient shall have no obligation
to defend or indemnify City from a claim if it is determined by a court of competent
jurisdiction that such claim was caused by the sole negligence or willful misconduct of City or
its agents or employees.
Subrecipient and its successors, assigns, and guarantors, if any, jointly and severally agree to
indemnify, defend (with counsei selected by City) reimburse and hold City and its officers,
employees and agents harmless from any claims, judgments, damages, penalties, fines, costs,
liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees,
consultant's fees, and experts' fees which arise during or after the contract term for any
losses incurred in connection with investigation of site conditions, or any cleanup, remedial,
removal or restoration work required by any hazardous materials laws because of the
presence of hazardous materials, in the soil, ground water or soil vapors on the premises,
and the release or discharge of hazardous materials by Subrecipient during the course of any
alteration or improvements of the Premises by Subrecipient, unless hazardous materials are
present solely as a result of the gross negligence or willful misconduct of City, its officers,
employees or agents. 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.
Costs of Defense and Award. Included in the obligations to defend indemnify and hold
harmless, above, is the Subrecipient's obligation to defend, at Subrecipient's own cost,
expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against the City, its directors, officials, officers, employees,
agents and/or volunteers. Subrecipient shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expense and cost incurred by each of them in connection
therewith.
Insurance Proceeds. Subrecipient's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers, employees,
agents, and/or volunteers.
Declarations. Subrecipient's obligations under Article V shall not be limited by any prior or
subsequent declaration by the Subrecipient.
Enforcement Costs. Subrecipient agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
Survival. 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.
City Qf Chula Vista
2009/2010
CDBG Contract
Page 7 of 12
4-14
--_.~._--_...-..__..._--'~..
18. AUDIT COSTS: Subrecipient shall reimburse City for all costs incurred to investigate and
audit Subrecipient's performance of its duties under the Contract if Subrecipient is
subsequently found to have violated the terms of the Contract Reimbursement shall include
all direct and indirect expenditures incurred to conduct the investigation or audit. City may
deduct all such costs from any amount due Subrecipient under this Contract.
19. ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the parties and
supersedes any previous oral or written understandings or contracts related to the matters
covered herein.
20. MODIFICATION. This Contract may not be modified except by written amendment
executed by each party.
21. ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City of Chula Vista
as the source of funding, or, if applicable, one of the sources of funding in public
announcements that are made regarding the Project. Acknowledgement of the City's
funding roles, for example, should be included in publicity materials related to the Project. In
addition, Subrecipient agrees that the City shall be apprised of any special events linked to
the Project so that a review can be made on what role, if any, the City would assume.
22. INSURANCE: Subrecipient agrees to comply with the insurance requirement set forth in
Attachment "A."
23. NO WANER: No failure, inaction, neglect or delay by City in exercising any of its rights
under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any
other rights under this Contract.
24. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract
shall be personally served by the party giving notice or shall be served by certified mail.
Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid,
addressed to:
Subrecipient
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
25. ACTIONS ON BEHALF OF THE CITY. Except as City may specify in writing, Subrecipient
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever, as an agent or otherwise. Subrecipient shall have no authority, express or
implied, to bind City or its members, agents, or employees, to any obligation whatsoever,
unless expressly provided in this Agreement.
26. NO OBLIGATIONS TO THIRD PARTIES. In connection with the Project, the Subrecipient
agrees and shall require that it's agents, employees, subcontractors agree that the City shall
not be responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that the City may have concurred in or' approved any solicitation,
subagreement, or third party contract at any tier, neither City shall have any obligations or
liabilities to such other party.
27. ADMINISTRATNE CLAIMS REOUIREMENTS AND PROCEDURES. No suit or arbitration
shall be brought arising out of this agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by the City in accordance with
the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may
City Of Chula Vista
2009/2010
CDBG Contract
Page 8 of 12
4-15
from time to time be amended, the provisions of which are incorporated by this reference as
if fully set forth herein, and such policies and procedures used by the City in the
implementation of same. Upon request by City, Subrecipient shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Agreement
28. ATTORNEY'S FEES. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
29. CAPACITY OF PARTIES. Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and direction from its principal to
enter into this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
30. GOVERNING LAWNENUE. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or relating to
this Agreement shall be brought only in the federal or state courts located in San Diego
County, State of California, and if applicable, the City of Chula Vista, or as close thereto as
possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula
Vista.
City Of Chula Vista
2009/2010
CDBG Contract
Page 9 of 12
4-16
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF CHULA VISTA
James D. Sandoval,
City Manager, City of Chula Vista
APPROVED AS TO FORM
Bart Miesfeld
City Attorney
ATIEST
City Clerk
INSERT NAME OF SUBRECIPIENT
, Title
City Of Chula Vista
2009/2010
CDBG Contract
Page 10 of 12
4-17
__ _ ~~_._~.__._.~..__,__,_....,_.,_____,...'_..,_.__.,~.._ m_""~_"_""__
~!~
---
.:t:~~c
CJ1Y Of
CHUIA VISTA
"ATIACHMENT A"
SCOPE OF WORK
(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 GoaJs and Objectives using CDBG Agreement
Performance Measurement: Assist
low-moderate income residents of Chula Vista.
CDBG National Obiective: LMC (Umlted Clientele): Low/Moderate Income
A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable
efforts to fulfill the project by June 30, 2010, or earlier.
B. ESTIMATED BUDGET: SUBRECIPIENT shall make all good faith and reasonable efforts
to complete the work under this Contract within the following estimated budget. In no case
shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than
$ for work performed under this Contract.
The Estimated Budget shall be apportioned and expended in accordance with the table
below:
Item D . lion
te
Bud
Contract total
$X,xxx.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.
4-18
. ATIACHMENT B"
INSURANCE REQUIREMENTS FOR CONTRACTORS
Page 1 of 2
01Y OF
CHUlA VISrA
Contractor must procure insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work under the contract and the results of that work
by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of
same prior to commencement or work. The insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability: (Including
operations, products and
completed operations, as
applicable. )
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. [f 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.
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to
the City, its officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation policies are to
contain, or be endorsed to contain, the following provisions:
1. The City of Chula VISta, its officers, officials, employees, agents, and volunteers are to be named as
additional insureds with respect to liabilJty arising out of automoblles 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 generallJabi/it.y
additional insured coverage must be provided in the form of an endorsement to the contractor s
insurance using ISO CG 2010 (11185) or its equivalent Speci!1caJly, the endorsement must not
exclude Products / Completed Operations coverage.
2. The contractor's insurance coverage must be primary insunmce 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.
4-19
"ATIACHMENT B"
INSURANCE REQUIREMENTS FOR CONTRACTORS
Page 2 of 2
01Y OF
CHUI.A VISTA
4 Coverage shaD 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.
AcceptabiJity of Insurers
Insurance Is to be placed with licensed insurers admitted to transact business in the Slate of California with a
current AM 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 lime, complete, certified copies of all required Insurance policies,
including endorsements evidencing the coverage required by these speclftcations.
Subcontractors
Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements
included in these specifications.
4-20
"ATIACHMENT C'
2009 HUD INCOME LIMITS FOR CHULA VISTA
01Y OF
CHULA VISIA
1 $ 44 250.00 $ 27,65000 $ 16 600.00
2 $ 50550.00 $ 31 600.00 $ 18 950.00
3 $ 56900.00 $ 35,550.00 $ 21 350.00
4 $ 63200.00 $ 39500.00 $ 23 700.00
5 $ 68250.00 $ 42650.00 $ 25600.00
6 $ 73300.00 $ 45,800.00 $ 27 500.00
7 $ 78350.00 $ 49000.00 $ 29400.00
8 $ 83400.00 $ 52,150.00 $ 31 300.00
4-21
"ATTACHMENT C"
2009 HUD INCOME LIMITS FOR CHULA VISTA
mY OF
CHUIA VISTA
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.)
--ExtremeJy Low Income below the fonawing income limits based on family size:
III $16,660 (2) $18,950 131 $21,350 141 $23,700 IS) $25,600 (6) $27.500 (7) $29.400 (8) $31,300
_Very Low Income below the fonawing income limits based on family size:
11127,650 (2) $31,600 (3) $35,550 141 $39,500 151 $42,650 161 $45,800171 $49,000 (8) $52,150
~ Income below the fonawing income limits based on family size:
Il) $44,250 (2) $50,550 (3) $56,900 (4) $63,200 151 $68,250 (6) $73,300 171 $78,350 (8) $83,400
_Not Low Income and do not fall into the extremely, very low, or low-income categories listed above based on family size.
(NOTE: The above information is for 2009 and changes each calendar year. To obtain updated information go to
htto:l.iwww.huduser.ora/datasets/iLhtml and search for income limits for the San Diego area.)
3 PI
h k h b b 1
h b d
'b
Ii
ease c ec t e ox eowt at est escn es uour amuu.
RACE CATEGORIES I-llSP ANICl
ETI-INICITY
Check One Mace category unJy Check Only If Also
Hispanic
White
Black/ African American
Asian
American Indian/Alaska Native
Native Hawaiian/ Other Pacific [slander
Multi-Racial:
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/African American AND White
American indian/Alaska Native AND Black/African
American
Other Multi-Racial
Name:
(Printl
Telephone Number:
Household Address:
Signature:
Note: Name, address, te!ephone and signature are optional. A unique identifier may be used to trace client served to meet CDBG
limited clientele requirement.
4-22
"ATIACHMENT D"
DISCLOSURE STATEMENT
Q1Y OF
CHULA VISTA
CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
S~~rrt of tii:.;clo:;w"Qofcerbin ov.rnad"jp ini~e$., pavmetl~ or carnpctign contnOutictr::::;, on ..II
m;attRt$ >,J,thkb will raquire discrvtior."r,j' ltctian on. rlui! pact of me C1'b) Cound.,~jcg Commi!isiort.
<U'lC: ql1 oth~ offki<l! bodie>.
Thi2 foUowirt~ fOTm~OOn ~ust be d~.
.
Lizt -C'h? T\airt'UZ!; of ~g per...on:; ~vm3 q iini7t11ci~J imares'i iJ; '!he CD~ LQ<. CO:1tr.tctor, ~bco~ctof.
1'T14tli!nijjlzuppUQ!.
2. If <l1ty pe::;on :.dentm,e.d pu.-MiiI.1'1! to ( 1: ~bo\!e i;: ~ co!"pD'r.ttion OT ~~hi'p. list the TIalme:.of ~!
jJ:::ii...i::iu~ o-wning: mo!a u-.ar. 1~ of r..e sr~~ in m4il!co:rpor:atiorJ. or ownin;r any p..rtnershtp
inwoliEt:in the pi:I!tn<<::;r.ftp.
3. (f al'Y ~...or, idenfifjad pLmUant to ! 1) above ~ r.on-pront ~niz:amor. Of a. tt".Jzt. list thi ~mesof
a:r.y pill!""~n $Qr.d~ az director of rl-..e !'Ion-profit: ~nizatjon ex ..s :i:'lm:u or beTI~!"".J or tn..::=tor of
th2 trust
4. HavE )'Ou had moN' tna.'"'JS250 wortr. of b~ine;;:::; nr.saded ';o1,ith a,."y' IT'd!mM of ::"lli Qt.) =t:qff,
Board!.. Commiz':;iom, C omm..1tt2Q~ and Cound within 'the ~ twel..... mcnt:h$?
YES_ NO_ M),E5,pJIiI:~zlii.ndk<ttv~n(~~:
5 PI(iij!iQ Joa."ri.f'!) 80\ch and iIi'Ver) pr;rr.;or., indudiJ1g ...ny ",gent:.. jl::nplo:,.'e1tS" co~r.t or
irniRpandent CDf:.'Q~ 'J.'OO j.'OUM'Ji!! <tZ$igneri ro !'eprewn! you bef.::mI!.me City in thjs m~tta!.
ti Hi'!'v'e:!,lou ot:1d/or yow oificRcT! or ~~< in fu~ ~ta, ronmbuted more th"D $1,000 ro ~
Cou:1ciEm<Qmblil!rir;; 'in", <:u~r..t or p1"IilCedim:; ~ctior. pri!iod7' YES_ NO_ ~ . L'-h
i; yes. ~W WIJat .
Cou:1ci&:nember::;}
P~or:. is (iQfined a:: :4.ny indiLidu;J.i. firm, ro-.Oiirtn4'.rd:ip, loint VW::!L'~ ~.ssod~ .$ocia/ cAJb,
fi'aiemai o~r.iziftion. corpor.1tIOtJ, ~, ir.l.:>"T; liKIlOT. syn~. this <Jnc' -iny othf11" coun..:t'. c.;;r.... ;$"!d
cr')~~: city; mr..'r.~'~ dL-ma or om6t poliiici:J/ sr.:bdir.--Gor.. or.a:ny othtN' gro.r..p orrombinaiicn
.;r.:ff.r;g ifS 4 unit ~
(NOTE ,4.:Qch addi~ p~~az :"iQ>:,z:;:;.q0<1
Dated t!lli
d~'of
. :;QQ9
Pont or t'~"Pe n"lmlil! -of con~::tor:a;ppbq~t
S~LlfV d c~dD:r<'1Pplic.otn1:
4-23
ATTACHMENT 3
CONTRACT
FOR
MANAGEMENT AND IMPLEMENTATION
OF AN
EMERGENCY SHELTER GRANT PROJECT
SOUTH BAY COMMUNITY SERVICES CASA NUEVA VIDA I
TRANSITIONAL HOUSING PROGRAM 2009-2010
This Contract is entered into by and between South Bay Community Services ("Contractor") and the City
of Chula Vista ("City") on Julv 1. 2009. .
WITNESSETH:
WHEREAS, there has been enacted the Emergency Shelter Grants ("ESG") Program contained in subtitle
B of Title IV ofthe Stewart B. McKinney Homeless Assistance Act (the "Act", 42 U.s.e. 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 5, 2009 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:
(a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless
Assistance Act (42 U.s.e. 11361, et seq.) as amended;
(b) HUD regulations relating to ESG Program (24 CFR Part 576);
(c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR
576.57, subd (e));
(d) Title VI of the Civil Rights Act of 1964 (42 USC ~ 2000d); Title VII of the Civil Rights Act of
1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42
USC ~ 3601, et seq.); ~ 109 of the Housing and Community Development Act of 1974;
Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination),
2008/2009 ESG Agreement
Page 1 of 8
4-24
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
USC. 1701u). 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 t9
hire, availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
(4) Contractor shall include the section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part
135. Contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR Part 135.
(5) Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent Contractor's obligations under 24 CFR part 135.
(6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
(7) With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance
Act (25 USe. 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).
2008/2009 ESG Agreement
Page 2 of 8
4-25
(f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42
USC ~ 4601, and implementing regulations at 49 CFR Part 24;
(g) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-Profit
Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States,
Local Governments, and Non-Profit Organizations" and with Office of Management and
Budget Circular A-110 entitled "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations. ";
(h) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set
forth in 42 USe. 11375;
0) 24 CFR 576.53 concerning use of community facilities as an emergency shelter;
(j) The following laws and regulations relating to preservation of historic places: National
Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical
Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593;
(k) The Labor Standards Regulations set forth in 24 CFR 570.603;
(1) The Architectural Barriers Act of 1968 (42 USe. ~ 4151, et seq.);
(m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, USC.);
(n) The Aood Disaster Protection Act of 1974 (42 USC ~ 4106 and the implementing
regulations in 44 CFR parts 59 through 79;
(0) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504
which relates to nondiscrimination in federal programs and HUD regulations set forth in 24
CFR Part 8.
(p) The Clean Air Act (42 USe. ~ 7401, et seq.) and the Federal Water Pollution Control Act,
as amended (33 USC. ~ 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 influence an officer or
2008/2009 ESG Agreement
Page 3 of 8
4-26
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 $83.769. 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 1" day of July, 2009 and end on the 30th
day of June of 2010. 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
2008/2009 ESG Agreement
Page 4 of 8
4-27
~_._~,-~.._--,-^._.'..._._...,---
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 or designee, shall administer this Contract on
behalf of the City. The Executive Director of South Bav Communitv 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
(CAPER): Contractor shall provide the City with a quarterly report, submitted no later than fifteen
(15) days after the last day of the previous quarter, which includes a narrative of the services
provided, progress towards meeting the timeline goals stated in the contract, and an itemized
accounting of the expenditures of ESG funds during the previous quarter, and number of
unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to
submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG
funds until the report has been submitted. 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, 2009
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 attomeys'
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 wiJ1ful
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
2008/2009 ESG Agreement
Page 5 of 8
4-28
work required by any hazardous materials laws because of the presence of hazardous materials, in
the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or
discharge of hazardous materials by Contractor during the course of any alteration or improvements
of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross
negligence or willful misconduct of City, its officers, employees, or agents. The indemnification
provided by this section shall also specifically cover costs incurred in responding to:
(a) Hazardous materials present or suspected to be present in the soil, ground water to or under
the Property before the Commencement date;
(b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or
under the Property following the Commencement Date; or
(c) Hazardous materials present on or under the Property as a result of any discharge, release,
dumping, spilling (accidental or otherwise), onto the Property during or after the Term ofthis
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.
15. 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:
South Bay Community Services
Executive Director
1124 Bay Boulevard Suite D
Chula Vista, CA 91911
City:
City of Chula Vista
Redevelopment and Housing Manager
276 Fourth Avenue
Chula Vista, CA 91910
/II
/II
/II
Signature Page to Follow
200812009 ESG Agreement
Page 6 of 8
4-29
-~'---""--" _.__.,~,,---,.._,~...---,^---.._----_._'---"---""--'--~
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
CITY OF CHULA VISTA
James D. Sandoval
City Manager, City of Chula Vista
APPROVED AS TO FORM
Bart Miesfeld
Acting City Attorney
ATTEST
City Clerk
South Bay Community SeYVices
Kathryn Lembo, Executive Director
2008/2009 ESG Agreement
Page 7 of 8
4-30
--,,_._.-_._----~--_..__...~---
ATTACHMENT A
SCOPE OF WORK
SOUTH BAY COMMUNITY SERVICES CASA NUEVA VIDA I
TRANSITIONAL HOUSING PROGRAM 2009-2010
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 Community
Development Block Grant and Emergency Shelter Grant Funding.
ESG funds will be used for short term transitional housing for low income homeless families (with children),
most of whom are victims of domestic violence. In addition to housing, families, together with SBCS staff,
develop a treatment plan so that the client can work to re-establish self-sufficiency and end their
homelessness.
A. EmerGencv Shelter Grant eliGible activities:
Essential Services (42 USe. 11374 and 24 CFR Part 576.3): SBCS staff will provide case
management, child care, and transportation tokens to Casa Nueva Vida residents in order to re-
establish self-sufficiency.
Operations (42 USe. 11374(a) and 24 CFR Part 576.21 {aH31: Includes funding for staff salaries
and other operating costs for Casa Nueva, a transitional housing facility, located at 31 4th Avenue
Chula Vista.
B. Scope of Services:
. Contractor will operate a transitional housing facility located at 31 4th avenue (City of Chula Vista)
in compliance with the Casa Nueva Vida Policies and Procedures Manual for Fiscal Year 2009-
2010.
. Contractor will provide mental health counseling, trauma related services, assistance in finding
housing, and substance abuse services.
. Contractor will provide Child Care for clients participating in classes, job searches, and other program
activities
. Contractor will provide bus tokens so clients can attend classes at the South Bay Community
Services main office site.
. Contractor will provide safe and stable housing for homeless clients, most of whom are domestic
violence victims, and their children.
. Contractor will provide basic needs (food, shelter, clothing, and other needed items) for clients
fleeing a domestic violence situation and other homeless clients.
Objective 1: 50% of the program participants will find stable housing within 60 days of entering the short
term transitional housing with a supportive services program.
Objective 2: By June 30, 2009, 80 percent of residents will complete a range of self sufficiency activities
during their stay in shelter and 80 percent will demonstrate greater self determination.
Performance Measurement: The short term transitional housing facility will serve 90 extremely low-income
homeless individuals and families that meet HUD's definition of homelessness.
Attachment "A"
Scope of Work
4-31
Outcome Evaluation
Outcome 1: Maintain case files documenting beginning status of activities (e.g. housing, no income, no
bank account), compared to ending status (e.g., finding stable housing, opening a bank account,
establishing income).
Outcome 2: Staff will administer Customer Satisfaction Questionnaires to help determine accomplishment
of case plans.
Outcome 3: Track Bank Accounts to determine savings accumulated needed for self sufficiency.
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
th e street;
. In an emergency shelter;
. In transitional or supportive housing for homeless person who originally came from the streets or
emergency shelters;
. In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or
other institution;
. Is being evicted within a week from a private dwelling unit and no subsequent residence has been
identified and the person lacks the resources and support networks need to obtain housing or their
housing has been condemned by housing officials and is no longer considered meant for human
habilitation;
. Is being discharged within a week from an institution in which the person has been a 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):
. Child Care $ 15,000
. Bus Vouchers $ 2800
T ota! Essential Services $17,800
Operational Costs (24 CFR 576.21(a)(3):
. Salaries & Benefits Maintenance $ 8,776
. Salaries & Benefits Maintenance Staff $ 3,117
. Insurance $ 4,407
. Office and Consumable Supplies $ 791
. Telephone and Utilities $13,832
. Repairs and Maintenance $ 8,846
. Food $10,000
. Securitv $16 200
T ota! Operations $65,969
Total Budget
$8x,xxx
Attachment "A"
Scope of Work
4-32
--.----
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 "A"
Scope of Work
4-33
~ (f.c-
-.-
--- ---.
- - --
-
ATIACHMENT B
0lY OF
CHUlA VISTA
~SURANCEREQU~MENTSFORCONTRACTORS
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 Umits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations, products
and completed operations, as
applicable. )
$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.
2. Automobile Liability:
$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
3. Workers' Compensation
Employer's Liability:
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of
the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they
pertain to the City, its officers, officials, employees and volunteers; or the Contractor will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim
administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation policies are to
contain, or be endorsed to contain, the following provisions:
1. The City of ChuIa VIsta, its officers, offIdals, employees, agents, and volunteers are to be named as
additional insureds with respect to Habmty arising out of automobOes 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 /SO CG 2010 (11/85) or its equivalent
SpecIficaJJy, the endorsement must not exclude Products I Completed Operations coverage.
2. The contractor's insurance coverage must be prlmcuy 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,
Attachment "6"
insurance Requirements
4-34
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 shaIl not extend to any indemnity coverage for the active negligence of the additional insured in
any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy
providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of CaIlfomia with a current
AM 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.
Subconiractors
Contractor must include all subcontractors as insureds under its policies or furnish separate certificates an,
endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirement
included in these specifications.
Attachment "B"
Insurance Requirements
4-35
ATIACHMENT 'C.
HUD INCOME LIMITS 2009-CITY OF CHULA VISTA
1
$ 44 250.00
$
27650.00
$
16600.00
2
$ 50550.00
$
31600.00
$
18950.00
3
$ 56900.00
$
35550.00
$
21 350.00
4
$ 63 200.00
$
39500.00
$
23 700.00
5
$ 68 250.00
$
42650.00
$
25 600.00
6
$ 73,300.00
$
45 800.00
$
27 500.00
7
$ 78350.00
$
49 000.00
$
29400.00
8
$ 83 400.00
$
52 150.00
$
31 300.00
Attachment "C"
Income Limits
4-36
ATIACHMENT "C.
(Continued)
ESG FUNDED PROJECTS
Your cooperation in filling out this form is requested. Record keeping on income of participants in the Emergency Shelter Grant
program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential
but may be subjected to verification by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary.
1. What is the total number of persons in your household?
2. What is the total combined annual income of all members of your household? (Please check one line below.)
_Below $44,,250 _$68,251-$73,300
_$44,251-$50,550 _$73,301-78,350
_$50,551-$56,900 _$78,351-83,400
_$56,901-$63,200 _Over $83,401
_$63,201-68,250
(NOTE: The above information is for 2009 and changes each calendar year. To obtain updated information go to
httu://www.huduser.orQ/datasets/il.htmland search for income limits for the San Diego area.)
3 PI
h k h b b I
h b d
b
f
ease c ec t e ox eowt at est escri es vour amiJv.
HAC!:
ETHNlCITY
Check One Race Category Only Check Only If Also
Hispanic
White
Black! African American
Asian
American Indian/Alaska Native
Native Hawaiian/ Other Pacific Islander
Multi-Racial:
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black! African American AND White
American Indian/Alaska Native AND Black!African American
Other Multi-Racial
Name:
(Print)
Household Address:
Telephone Number:
Signature:
Note: Name, address, te!ephone and signature are optional. An unique identifier may be used to trace client served\
to meet ESG requirement
Atiachment "C"
Income Limits
4-37
Sample Documentation of Homelessness
Participant Name:
Referral Source:
Phone:
Current Dvina Situation (Check one):
Mn ltuation Documentation e e
Residing in a place not meant for human Agency staff/outreach workers should prepare written information obtained from an identified third
habitation such as a cars, parks, sidewalks, party regarding the participant's recent whereabouts. Statement must be signed and dated.
abandoned buildinf'ls on the street
Residing in an emergency shelter. Written verification (signed and dated and on agency letterhead) from emergency shelter staff that
the individual is residinq in the shelter.
Residing in transitional or supportive housing for Written verification (signed and dated and on agency letterhead) from the transitional housing
homeless persons who originally came from the facility staff:
streets or an emergency shelter. . Indicating the individual is 21 resident there; and
. The individual's was either residing in places no;;~eant for human habitation or an
emer.....enc shelter when he/she entered the facili .
In any of the above places but is spending a short . Written verification (signed, dated and on agency letterhead) from the discharging
time (up to 30 consecutive days) in a hospital or institution's staff that the participant has been residing in the institution for less than 30
other institution days; and
. Information on the previous living situation. Preferab1y, this will be the institution's written,
signed, and dated verification on the individual's homeless status when he/she entered the
institution.
. If the institution's staff did not ~~rify the individual's homeless status upon entry into the
institution_ \10U will need to veri that status' 'ourself accordina to the instructions above
Is being evicted within a week from a private Agency staff/outreach workers should obtain 21 copy of eviction forms and written verification
dwelling unit and no subsequent residence has that the person lacks resources and support netuJorks. Statement must be signed and dated.
been identified and the person lacks the resources
and support netuJorks needed to obtain housing or
their housing has been condemned by housing
officials and is no longer considered meant for
human habitation
Is Being discharged within a week from an . Written verification (signed, dated and on agency letterhead) from the discharging
institution in which the person has been residing institution's staff that the participant has been residing in the institution for less than 30
for more than 30 consecutive days and no days; and
subsequent residence has been identified and the . Information on the previous living situation. Preferably, this will be the institution's written,
person lacks the resources and support needed to signed, and dated verification on the individual's homeless status when he/she entered the
obtain housing. institution.
. If the institution's staff did not verify the individual's homeless status upon entry into the
institution, you will need to verify that status yourself, according to the instructions above
. Verifl.l the lack of resources
Is fleeing a domestic violence housing situation Agency staff/outreach workers should prepare written information obtained from the participant
and no subsequent residence has been identified stating the person is fleeing a domestic violence situation. Statement must be signed and
and the person lacks the resources and support dated.
networks needed to obtain housing. . Verify the lack of resources induding support netuJorks
. Obtain cODies of restrainin..... orders. court orders.
I certify that the information presented above is true and accurate. Required documentation is
attached.
Signature of Authorized Grantee/
Project Sponsor Representative
Date
Attachment "C"
Income Limits
4-38
ATIACHMENT "D"
Redevelopment and Housing
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the project that is the subject of the
application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. YleaSe laennry every person, mCluamg any agents, employees, consultants, or maependent contractors
you have assigned to represent you before the City in this matter.
5. Has any person" associated with this contract had any financial dealings with an official"" of the City
of Chula Vista as it relates to this contract within the past 12 months?
Yes_ No_
If Yes, briefly describe the nature of the financiai interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No_ Yes_ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent) to an official"" of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.)
Yes No
Attachment "D"
Disclosure Statement
4-39
If Yes, which official** and what was the nature of item provided?
Date:
Signature of Subrecipient/Contractorl Applicant
I-'nnt or type name ot :,ubreclplentlContractorl Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning
board, commission, or committee of the City, employee, or staff members.
Commissioner, Member of a
Attachment "0"
Disclosure Statement
4-40
ATTACHMENT 4
APPLICATION FOR
Version 7/03
FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier
Application Pre-application
o Construction U Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
D Non-Construction o Non..con"+ru"'+ion
. 5. APPLICANT INFORMATION
Legal Name: Oraanizational Unit:
Department
Organizational DUNS: Division:
Address: Name and telephone number of person to be contacted on matters
Street involving this application (aive area code)
Prefix: First Name:
City: Middle Name
,
County: Last Name
State: lip Code Suffix:
Country: Email:
6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code)
DD-DDDDDDD
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types)
r New fO Continuation [[ Revision
If Revision, enter appropriate letter(s) in box(es) pther (specify)
See back of form for description of letters.) D D
Other (specify) 9. NAME OF FEDERAL AGENCY:
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLlCANrS PROJECT:
DD-DDD
TITLE (Name of Program):
12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.):
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:
Start Date' I Ending Date: a. Applicant b. Project
15. ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
nRDER 12372 PROC""S?
a. Federal !$ [I THIS PREAPPLlCATIONIAPPLlCATION WAS MADE
a. Yes. . AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b. Applicant 1$ PROCESS FOR REVIEW ON
c. State !$ DATE:
d. Local 1$ b. No. rD PROGRAM IS NOT COVERED BY E. O. 12372
e. Other 1$ 0 OR P~~,GRAM HAS NOT BEEN SELECTED BY STATE
FOR R VIEW
f. Program Income ~ .'" 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT7
g. TOTAL !$ o Yes If uYesM attach an explanation. [J No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. A tho' e R r ent tiv
Prefix I First Name Middle Name
Last Name ~uffix
. Title c. Telephone Number (give area code)
. Signature of Authorized Representative e. Date Signed
PrevIous Edition Usable
Authorized for Local Reoroduction
Standard Form 424 (Rev.9-2003)
Prescrib~ bv OMS Circular A-1 02
4-41
INSTRUCTIONS FOR THE SF-424
Public reporting burden for this collection of infonnation is estimated to average 45 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-0043), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE
ADDRESS PROVIDED BY THE SPONSORING AGENCY.
This is a standard form used by applicants as a required face sheet for pre-applications and applications submitted for Federal
assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment
procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an
opportunity to review the applicant's submission.
Item: Entrv: Item: Entrv:
1. Select Type of Submission. 11 Enter a brief descriptive title of the project. If more than one
program is involved, you should append an explanation on a
separate sheet. If appropriate (e.g., construction or real
property projects), attach a map showing project location. For
preapplications, use a separate sheet to provide a summary
descriotion of this oroiect.
2. Date application submitted to Federal agency (or State if applicable) 12. List only the largest political entities affected (e.g., State,
and applicant's control number (if applicable). counties, cities).
3. State use only (if applicable). 13 Enter the proposed start date and end date of the project.
4. Enter Date Received by Federal Agency 14. List the applicant's COl1gressional District and any District(s)
Federal identifier number: If this application is a continuation or affected by the program or project
revision to an existing award, enter the present Federal Identifier
number. If for a new- Droiect, leave blank.
5. Enter legal name of applicant. name of primary organizational unit 15 Amount requested or to be contributed during the first
(including division, if applicable), which will undertake the funding/budget period by each contributor. Value of in kind
assistance activity, enter the organization's DUNS number contributions should be induded on appropriate lines as
(received from Dun and Bradstreet), enter the complete address of applicable. If the action will result in a dollar change to an
the applicant (including country), and name, telephone number, e- existing award, indicate only the amount of the change. For
mail and fax of the person to contact on matters related to this decreases, enclose the amounts in parentheses. If both basic
application. and supplemental amounts are included, show breakdown on
an attached sheet. For multiple program funding, use totals
and show breakdown usinQ same cateQories as item 15.
6 Enter Employer Identification Number (EIN) as assigned by the 16. Applicants should contact the State Single Point of Contact
Interna! Revenue Service. (SPOC) for Federal Executive Order 12372 to determine
whether the application is subject to the State
interQovernmental review nrocess.
7. Select the appropriate letter in 17. This question applies to the applicant organization, not the
the space provided. I. State Controlled person who signs as the authorized representative. Categories
A. State Institution of Higher of debt include delinquent audit disallowances, loans and
B. County Learning taxes.
C. Municipal J. Private University
D. Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify)
H. Independent School O. Not for Profrt
District Oraanization
8. Select the type from the following list: 18 To be signed by the authorized representative of the applicant.
. "New" means a new assistance award. A copy of the governing body's authorization for you to sign
. "Continuation" means an extension for an additional this application as official representative must be on file in the
funding/budget period for a project with a projected completion applicant's office. (Certain Federal agencies may require that
date. this authorization be submitted as part of the application.)
. ~Revision" means any change in the Federal Government's
financial obligation or contingent liability from an existing
obligation. If a revision enter the appropriate letter:
A. Increase Award B. Decrease Award
C. Increase Duration D. Decrease Duration
9. Name of Federal agency from which assistance is being requested
with this application.
10. Use the Catalog of Federal Domestic Assistance number and title of
the program under which assistance is requested.
SF-424 (Rev. 7-97) Back
4-42
COUNCIL RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE FISCAL YEAR
2009/2010 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; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL RELATED
DOCUMENTS NECESSARY TO OBTAIN THE HUD
GRANTS
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 tbe Fiscal Year 2009/2010 Annual Action Plan per
HUD Rules and Regulations ("Action Plan"); and
WHEREAS, the City will receive a Fiscal Year 200912010 CDBG entitlement of
$1,993,508; a Fiscal Year 2009/2010 HOME entitlement of $881,548; and a Fiscal Year
2009/2010 ESG entitlement of$88,198; and
WHEREAS, the City has followed its Citizen Participation Plan and held public
hearings on housing and community needs on November 25, 2007, and March 24, 2009, at
which time public testimony was received and considered by the City Council witb respect to the
Fiscal Year 2009/2010 Annual Action Plan; and
WHEREAS, staff has determined that the proposed actlVltles 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 tbe sub-recipients identified in the Action Plan
("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
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula
Vista as follows:
4-43
Resolution No.
Page 2
1. That it approves the Fiscal Year 2009/2010 Annual Action Plan for the Community
Development Block Grant (CDBG), Home Investment Partnership Act (HOME), and the
Emergency Shelter Grant (ESG) Programs.
2. That it authorizes the City Manager or his designee to execute an Agreement for
Management and Implementation for Fiscal Year 2009/2010 between the City of Chula
Vista and each Sub-recipient in the form attached to the Agenda Statement as
Attachments 2 and 3.
3. That it authorizes the City Manager to execute any and all related documents necessary to
obtain the HUD grants.
'J
,
,/
Presented by:
Gary Halbert, P.E., AICP
Deputy City Manager / Development Services
Director
4-44
INFORMATION MEMO
CITY OF CHliLA VISTA~
Redevelopment .
& Housing
DATE:
May 5, 2009
VIA:
Honorable Mayor and City Council
Gary Halb~sistant City Manager/Development Services Director
TO:
FROM:
Mandy Mills, Housing Manager~
May 5, 2009 City Council Agenda Item No. "
2009/2010 Federal Grant Funding (CD8G, HOME, ESG)
RE:
This memo has been prepared in response to recent confirmation by HU D of the 2009/2010 CDBG,
HOME and ESG grant amounts and the effect on grant funding recommendations provided on Council
Agenda Item No.4.
On May 1, 2009, HU D released the final grant funding levels for the City's entitlement grant programs.
Unfortunately, this was released after the deadline to submit the agenda statement for the May 51h
Agenda Packets. The amounts used in the May 5, 2009 agenda statement were approximate levels
provided by HUD. Detailed below are the estimated funding levels previousiy provided in contrast to
the final funding amounts.
. foi.....-,. ,,~.~ ,2009!~010 Fimding .' ,:<.e; ~\.
17'"' \.. Ff .lE:".V''(~",!. ,~' '"............'..... '. 4~~ ~
. '~.. ,. 'If . II'" '.. .;' ....."..\ 0" "",~.... .
'. - . . J;l.: ,I '....."'.~. !""'" .'.,f --<I" ~ 11'" : %t..
. ~" ~. ".. > '"\- ..."., ". ~.,.." ,""; -, \ .~, ~ . '~ ;t
, :,": ~ ~'t.' , .'Estlmated :: -!:.,' ActUal ;,. /Cl1aiige,
CDBG $ 1,993,508 $ 2,003,723 +0.5%
ESG $ 88,198 $ 87,879 -0.4%
HOME $ 881,548 $ 1,007,225 + 14.26%
Total $ 2,963,254 $ 3,098,827 +4.58%
These numbers represent a slight increase to our CDBG program, a slight decrease to our ESG program
and a more substantial increase to our HOME program. The impacts of these funding changes to the
proposed funding recommendations are as follows:
CD8G Program
Il> Additional $2,048 to Administration and Planning functions
l> Additional $6,631 to be allocated towards Capital Improvement Projects
Page 2 of 2
add date here
~ Additional $1,540 to the Public Services Category to be evenly distributed among the Tier III
category projects, detailed below:
=",~,.\:;<'1- ~'l-~'~'~""-~""'F: ...",-~~--,-~ if"'-'-~~~-~~,....--ro---'-'~~--~" Arn~ nt~--""'-~~.--T~-' -~--- -,~~.;-
.,c.<"*~' .~ "~''1':;~ '''e''lh,:S~'''''''~' l;"~'.Jdf""cl\I!......! '~", ,;t""'",,-, ou.... J- 'tI.....,,~ <" \'o~'"",~'1<1
',^-' ;j ~... .~O' ~ . :O';:,"t '...... '$" _"~' '"t-~'"_ot ',;...;., ",' ~ ,~~," :.... /;Recommended '~')~;. . '\. "'':. .~. ","': $'
~',,,~>~":::::,-:"~~~"~~~~~~ . ~~.","*:tl~. :J>.:.,~-\.~t~~'i(Q5/Q5/09:': :Bn~i'iA,pQ~nl:~ ~ ~.~~~;,~"
r'~Tab'~'9ir~.".....,(1~" r_.;.,;,"~'.~o.",?~ ",'H$ ~'I"" ~'f.!J ~'''~~:~ ~ ,.' >. Agenda Recommended' Arriountof
~ ::No, "Orgio~llontDept-" ;: ',' '" ",:P.rogfamlProjecl'" >>"0 '.~ 'StateInenl)." '.',(05/05/,09):' Increase
South Bay Adult Day
Health Care
16 Adult Protective Services Transportation $ 9,112 $ 9,330 $ 218
Chula Vista Community Chula Vista Family $ 191
17 Collaborative Assessment and Referral $ 35.433 $ 35,624
E:l Family Health Centers of KidCare Express Mobile
0:: $ 533
~r 18 San Dieqo Unit $ 22,367 $ 22,900
!-. Chula Vista Veterans Home
20 Support Rehabilitation Services $ 2,899 $ 2,969 $ 70
Boys and Girls Club of Safe Kids Transportation $ 285
22 Chula Vista Services $ 11,940 $ 12,225
23 Chula Vista Recreation Dept. WizKidz Program $ 10,188 $ 10,432 $ 244
ESG Program
.... Slight decrease (less than a half percent) in both Administration and Planning as well as homeless
serVices,
HOME Program
.... Additional $12,567 to Administration and Planning functions
.... Additional $112,955 for affordable housing projects.
A revised "Attachment 1" is being provided here for action on Council Agenda Item NO.4,
2009/2010
Federal Grants Funding Requests and Reeommendations
CDBG I HOME I ESG
Regional Task Force on the
Homeless Task Force on the Homeless S 1.000 S 1.000 $1.00U
2 Redevelopment and '-lousing Fair Housing Counseling Services $ 35.000 $ 35,UOO $35,000
3 Fair I-lousing Council of San Diego Fair Housing Audit Services $ 39.000 $ SIO,OOO
CDBG Program Planning and
4 Redevelopment and Housing Administration S 350.R59 $ 358.754 $354.745
Total Requested and Rc('ommended $ 425.859 $400,i45
Surplus/Shortfall $ (25,114) $0
5 Meals on Wheels Meals-On- Whl:ds Chula Vista $ 13,000 $ $12.000 *
., 6 Lutheran Social Services Project Hand $ 24,000 $ i,3RO $ ] 8,530
.,
:..J:p
c.y' i Lutheran Social Services Caring Neighbor S 24.000 $ 20,000 SR,850
::< South Bay Community Services Thursday's Meal SJO,OOO
~ y S 11.000 S 10,000
(':'V 10 Interfaith Shelter N<.:lwork Interfaith Shelter Ndwork S 10.350 S !OJ50 SIO,3511
II San Diego Food Bunk Food 4 Kids Bae-krack Program $ J I ,663 S SI5,OOO **
8 South Bay Community Services Family Violence Treatment S 50.000 S 34,000 $34.000
" 12 Charles Chcnc\\'eth Foundation CommunilY Access Program $ 15,000 $ 1 LOOO $1 LOOO
"
'It.
13 Chula Vista Recreation DepL Therareutic Recreation Services S ] 33.068 S 17.936 $17.936
'ffi YMCA Youth Development
- 14 YMCA of San Diego (South Bay) Programs S 30.000 $ 29.R54 S29.854
Youth Services for High-Risk
,"" 15 South Bay Community Scn, ices Youth S 39.550 S 39,550 $39,550
South Bay Adult Day Health Care
.' 16 Adult Protective Services 'rransportation S I LOOO S 11.000 S9,330
{I,' Chula Vista Community Chub Vista Family Assessment and
"
17 Collaborative Referral S 45,000 $ 42,000 $35.624
- Family Health Centers of San
,~' 18 Diego KidCare Express Mobile Unit $ 30.000 S ?i,OOO $22,900
'~, Chula Vista Veterans Home
20 Support Rehabilitation Sen'ices S 3.600 S 3.500 S2,969
22 Boys and Girls Club of Chula Vista Safe Kids Transportation Services S 25,912 $ 14.413 $]2.225
~,' 0' Chula Vista Recreation Dcrt. WizKidz Program S 18.560 S 12,299 S10:432
_0
Total Requested and Recommended $ 515,703 $300.550
Surplus/Shortf~11l $ (215,152) SO
Attachment NO.1
2009/20] 0
Federal Grants Funding Requests and Recommendations
(Continued)
CD BGCapital' IIri PJ;(),;~rrient"(CII') it rid l;nblicFacilities
24 Engineering ADA Curb Cut Program $ 505"000 $ 390,000 $504.922
25 Finance Department Section] 08 Payment - Year Two $ 637.370 $ 637.370 $682An
26 MAAC Project Telecommunication System $ 30,000 $ $0
Family Health Centers of S3.I1 ChuJa Vista Family Health Center
27 Diego Expansion $ 40.000 $ 30.000 $0
South Bay Regional Homeless
28 South Bay Community Services Center $ J J 5.000 $]] 5.000
Total Reque5ted and Rl'{'ommended $ 1"327.370 $1.302.420
Surplus/Shortfall $ (24.950) $0
HOME Program Planning and
29 Redevelopment and I-lousing Administration $ 88.000 $ 89,949 $]00.723
30 Rcdc'velopment and Housin~ Production of Aff(lrdable Housing $ 793.54X $ $906.503
Total Requested and Recommended $ 881548 S 1.007.225
Su rplus/Shortfall $ 125.677 $0
31 Rcdt'\'clopmcnt and Housing
32 South Bay Community Services
ESG Program Planning and
Administration
$
$
4.394 $
85.000 $
89.394
4.394
83.769
$4.394
$X3.804
$88.198
$0
Casa NUC\'[l Vida
Total RequesH'd <tnd Recommended $
Surplus/Shortfall $
(1,1%)
.Ii/>.":;; ;'(J;:~';.
ti~~,~ ~
i';;~.~ '">T
*
Applicant did not receive funding in 1008/1009; howevcr did recivc funding in 20071200X
Denotes new applic~nt
**
*** Funding Methodology (Tiers L II and Ill)
Tier]: Basic Needs (Food, Housing, Emergency Services)
Tier 2: Special Needs (At Risk Youth, Family Violence, Special Needs/Disabled)
Tier 3' Other (Qeneral)
Attachment No.1
"