HomeMy WebLinkAbout2009/09/15 Item 6CITY COUNCIL
AGENDA STATEMENT
~~f!/ CITY OF
'~`` CHULAVfSTA
SEPTEMBER 15, 2009, Item ~D
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES FOR IMPLEMENTATION OF HOMELESS
PREVENTION AND RAPID RE-HOUSING SERVICES
SUBMITTED DEPUTY CITY MANAGEDEVELOPMENT SERVICES
BY: DIRECTOR ^~
REVIEWED CITY' MANAGE~f~
BY: /
4/STHS VOTE: YES ~ NO
SUMMARY
On June 29, 2009, the Department of Housing and Urban Development approved the City's
Draft 2008-2009 Amended Annual Action Plan which proposed two activities to be funded
with Homeless Prevention and Rapid Re-Housing (HPRP) funds in the amount of $819,738.
This item will allow the City to enter into a Memorandum of Agreement with South Bay
Community Sen~ices to cam' out the homeless prevention and rapid re-housing activities on
behalf of the City.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the National Environmental Policy Act (NEPA) and has determined that
the project qualifies for a Certification of Exemption pursuant to Title 24, Part
5834(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department
of Housing & Urban Development (HUD) Environmental Guidelines. Thus, no further
environmental review- is necessary.
RECOMMENDATION
Council adopt the resolutions.
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September 15, 2009, Item ~O
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
On Mazch 6, 2009, HUD notified the City of Chula Vista that the City was eligible to
receive up to $819,738 of HPRP funds, one-time stimulus funds authorized under the
Recovery Act. Generally, the intent of HPRP assistance is to rapidly transition program
participants to stability, either through their own means or through public assistance, as
appropriate. The priority is to serve households that are most in need of temporary
assistance and aze most likely to achieve stable housing after HPRP program concludes.
The funds may not be used to assist households at risk of foreclosure.
HPRP is focused on housing for at risk households-who are homeless or would be
homeless, but for this assistance, including temporary financial assistance paid directly to
a third party (i.e. utility company; landlord) and housing relocation stabilization services.
The City submitted to HUD an amendment to the existing Annual Action Plan in May 18,
2009 identifying how funds would be allocated. Following is a summary of the proposed
use of HPRP funds:
On June 29, 2009, HUD notified the City that the City's Plan was approved for funding.
City Housing staff will administer the program. This includes planning activities,
contract and regulatory compliance, fiscal management and monitoring. Delivery of the
actual homeless prevention and rapid re-housing services will be provided by South Bay
Community Services (SBCS).
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September 15, 2009, Item
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
HPRP funds aze available to the City to help prevent very low income households from
becoming homeless from the U.S. Departrnent of Housing and Urban Development.
Direct fmancial assistance, housing stabilization services and related administration are
eligible HPRP uses.
CURRENT YEAR FISCAL IMPACT
Staff time spent on outreach and drafting the Action Plan Amendment is reimbursable up
to the administrative cap.
ONGOING FISCAL IMPACT
The majority of expenditures aze direct service delivery costs by outside agencies. These
will be reimbursed from the grant. Administrative duties that exceed the cap aze absorbed
by existing revenue offset staff.
ATTAChIlVIENTS
Attachment 1: Subrecipient Agreement with South Bay Community Services
Prepared by: Angelica Davis. Project Coordinator II
Development Services Department. Housing Division
6-3
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES FOR IlVIl'LEMENTATION OF HOMELESS
PREVENTION AND RAPID RE-HOUSING SERVICES
WHEREAS, the City of Chula Vista will receive $819,738 of grant funds under the
Homeless Prevention and Rapid Re-Housing (HPRP) program from the U.S. Department of
Housing and Urban Development; and
WHEREAS, on May 18, 2009, HUD approved the City's Amended 2008-2009 Annual
Action Plan containing the proposed activities to be funded with HPRP funds, including financial
assistance and Housing Relocation and Stabilization Services; and
WHEREAS, City staff has selected South Bay Community Services to provide the
HPRP services;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista authorizes the City Manager to enter into a Memorandum of Agreement with South Bay
Community Services. A copy of the aforementioned Memorandum of Agreement is on file with
the Office of the City Clerk
Presented by:
James D. Sandoval
City Manager
Approved as to form by:
Bart C Mie feld ~~
City Attorney
6-4
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY' S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
i~ ~/1/lit,e'Y1 ~"~ C,
Bart C. Miesfeld
City Attorney
Dated:
Homeless Prevention and Rapid Re-Housing Program Agreement between
the City of Chula Vista and
South Bay Community Services
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CHUTA VISTA
Homeless Prevention and Rapid Re-Housing
City of Chula Vista
Homeless Prevention and Rapid Re-Housing Program
By and between the
City of Chula Vista
and
South Bay Community Services
This Contract by and between the City of Chula Vista (hereinafter referred
to as "City"), and the South Bay Community Services (hereinafter referred to as
"Subrecipient ") to administer a Homeless Prevention and Rapid Re-Housing
Program ("HPRP") funded with American Recovery and Reinvestment Act of
2009 ("Recovery Act") Program funds, is effective on October 1, 2009 ("Effective
Date").
WITNESSETH:
WHEREAS, there has been enacted into law the Homeless Prevention Fund
created under Title XII of Division A of the American Recovery and Reinvestment
Act of 2009 ("Recovery Act"), creating the Homeless Prevention and Rapid Re-
Housing Program that provides funds to provide financial assistance and
services to either prevent individuals and families earning less than fifty percent
of the Area Median Income from becoming homeless or help those who are
experiencing homelessness to be quickly re-housed and stabilized; and
WHEREAS, the City, is authorized to apply for and accept Homeless
Prevention and Rapid Re-Housing Program funds; and
WHEREAS, the City's use of Homeless Prevention and Rapid Re-Housing
Program funds described in Attachment "A" hereof (hereinafter referred to as
the "Project") was included in the City's Second Amendment to the 2008-2009
Community Development Block Grant/HOME Investment
Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted
to the U.S. Department of Housing and Urban Development (HUD) on May 18,
2009; and
WHEREAS, HUD has approved the City Second Amendment to the City's
Annual Funding Plan for Homeless Prevention and Rapid Re-Housing funds, and
HUD HPRP Agreement
6-6 Page 1 of 15
WHEREAS, the City received Council approval for use of HPRP funds
described in Attachment "A" hereof (hereinafter referred to as the "Project") on
May 5, 2009; 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 2008-2009 Annual Funding
Plan Second Amendment for participation in the Homeless Prevention and
Rapid Re-Housing Program;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM: The
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 Second Amendment 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 2008-2009
Annual Funding Plan Second Amendment. The Annual Funding Plan
Second Amendment and Certifications form is hereby incorporated by
reference into this contract fully as if set forth herein.
II. WORK TO BE PERFORMED: Subrecipient shall also undertake the same
obligations to the City that the City has undertaken to HUD pursuant to
said Annual Funding Plan Second Amendment and Certifications. The
obligations undertaken by the Subrecipient include, but are not limited to,
the obligation to comply with the current and most up-to-date version of
each of the following:
A. Title XII of Division A of the American Recovery and Reinvestment Act
of 2009, referred to the Homeless Prevention and Rapid Re-Housing
Program;
B. Regulations of the Department of Housing and Urban Development
relating to Homeless Prevention and Re-Housing Program (Federal
Register (FR) 5307-N-O1);
C. Regulations of the Department of Housing and Urban Development
relating to environmental review procedures for the Homeless
Prevention and Rapid Re-Housing Program (HPRP). HPRP activities are
categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) and 24 CFR Part
HUD HPRP Agreement
6-7 Page 2 of 75
50.19(6)(3), (11), and (12);
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.); Section 109 of
the Housing and Community Development Act of 1974; Executive
Order 11246 (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. All section 3 covered contracts shall include the following clause
(referred to as the "section 3 clause"):
i. The work to be performed under this contract is subject to the
requirements of section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of
section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed
to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in
24 CFR 135.1, et seq., which implement section 3. As evidenced by
their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
iii. The Subrecipient agrees to send to each labor organization or
representative of workers with which the Subrecipient has a collective
bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the
Subrecipient 's commitments under this section 3 clause, and will post
copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can
see the notice. The notice shall describe the section 3 preference, shall
set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
iv. The Subrecipient agrees to include this section 3 clause in every
subcontract subject to compliance with Part 135 regulations, and
HUD HPRP Agreement
6-$ Page 3 of 15
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 subSubrecipient is in violation of Part 135 regulations. The
Subrecipient will not subcontract with any subSubrecipient where the
Subrecipient has notice or knowledge that the subSubrecipient has
been found in violation of the regulations in 24 CFR 135.1, et seq..
v. The Subrecipient will certify that any vacant employment positions,
including training positions, that are filled (1) after the Subrecipient is
selected but before the contract is executed, and (2) with persons
other than those to whom the Part 135 regulations require employment
opportunities to be directed, were not filled to circumvent the
Subrecipient 's obligations under 24 CFR Part 135.
vi. Noncompliance with Part 135 regulations may result in sanctions,
termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
vii. With respect to work performed in connection with section 3
covered Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e1 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(bJ.
F. Office of Management and Budget ("OMB") Circular A-122 entitled
"Cost Principles for Non-Profit Organizations"; OMB Circular A-133
entitled "Audits of States, Local Governments, and Non-Profit
Organizations"; and OMB Circular A-110 and 24 CFR Part 84 entitled
"Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations".
G. Any program income earned by Subrecipient in carrying out the
activities of this contract shall be returned to the City. Upon expiration
of this agreement, Subrecipient shall transfer to the City any HPRP
funds on hand at the time of expiration and any dccounts receivable
attributable to the use of HPRP funds;
HUD HPRP Agreement
6-9 Page 4 of 15
H. Affordability provisions of the HUD regulations relating to the Homeless
Prevention and Rapid Re-Housing Program. Repayment of any funds
to the City is required if the housing does not meet the HPRP eligibility
requirements or failure to meet the expenditure deadlines within the
specified time period;
I. The following laws and regulations relating to preservation of historic
places: the National Historic Preservation Act of 1966 (Public Law
89-665); the Archaeological and Historical Preservation Act of 1974
(Public Law 93-291); and Executive Order 11593;
J. The Labor Standards Regulations set forth in 24 CFR 92.354;
K. Prevailing wage requirements as set forth in Labor Code Section 1720;
L. The Hatch Act relating to the conduct of political activities (5 U.S.C. §§
1502, et. seq.);
M. The Flood Disaster Protection Act of 1974 (42 U.S.C. § 4106 and the
implementing regulations in 44 CFR Parts 59-79);
N. The Rehabilitation Act of 1973 (Public Law 92-112) as amended,
including Section 504 which relates to nondiscrimination in federal
programs and HUD Regulations set forth in 24 CFR Part 8;
O. The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water
Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.) and the
regulations adopted pursuant thereto (40 CFR 6.100, et seq,);
P. The Drug-Free Workplace Act of 1988 (Public Law 100-690j;
Q. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq
.), as amended by the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing
regulations at 24 CFR part 35, subparts A, B, M, and R shall apply to
housing occupied by families receiving assistance through HPRP;
R. No member, officer or employee of the Subrecipient , or its designee
or agents, no member of the governing body of the locality in which
the program is situated, and no other public official of such locality or
localities who exercises any functions or responsibilities with respect to
the program during his/her tenure or for one year thereafter, shall have
any interest, direct, or indirect, in any contract or subcontract, or the
process thereof, for work to be performed in connection with the
HUD HPRP Agreement
6-1 0 Page 5 of 15
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;
S. The Subrecipient certifies, that in accordance with Section 319 of
Public Law 101-121, to the best of his or her knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, in
connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of
any cooperative contract, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative contract.
ii. If any funds other than federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, or an
employee of a member of Congress in connection with this federal
contract, grant, loan, or cooperative contract, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
T. The Subrecipient will adopt an affirmative marketing plan in
accordance with 24 CFR 92.351 if the housing being funded contains
five or more units.
U. The Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151, et seq.);
V. The bonding requirements described in 24 CFR 85.36 required for
construction or facility improvement contracts or subcontracts that
exceed the simplified acquisition threshold (defined at 41 U.S.C.
403(11)). These requirements are further described in Attachment B, if
applicable, which is attached hereto and incorporated by reference.
III. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable
local, state, and federal laws, regulations, ordinances, and City Policies
when performing when performing the work required by this Subrecipient .
IV. COMPENSATION: City shall reimburse Subrecipient for the rental
assistance and security deposit assistance costs it incurs under this
HUD HPRP Agreement
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Contract, not to exceed a maximum reimbursement of $754,700.00, as
further detailed in Attachment "A" (Scope of Services and Budget).
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. Subrecipient
shall adhere to budget as detailed in Attachment "A." Any changes to
budget must be approved by City before implementation
V. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly progress
payments upon certification and submittal by Subrecipient 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 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~o retention will not apply to acquisition or service contracts.
VI. EXPENDITURE STANDARD: In order to insure effective administration and
performance of approved Homeless Prevention and Rapid Re-Housing
Program and to meet HUD performance standards, Subrecipient agrees
that it shall expedite implementation of the project described herein.
Subrecipient shall expend at least 60~ of the grant funds by September 1,
201 1. 100% of the grant funds must be spent as of the end of the three-
year grant period that begins when HUD signs the City of Chula Vista's
grant agreement but no later than September 1, 2012.
VII. TERM: This contract shall commence when executed by the parties and
shall continue in effect until terminated as provided herein or until
Subrecipient has carried out all its obligations under the contract.
Services of the Subrecipient shall start services on the 15} day of October,
2009 and end on the 1st day of September of 2012. Subrecipient must
expend 60% of the HPRP grant funds within two-years of the date the
funds become available to the City of Chula Vista by the Department of
Housing and Urban Development and 100 percent of the funds within
three years of this date. With City approval, the term of this Agreement
and the provisions herein shall be extended to cover any additional time
period needed to expend the project HPRP funds if allowed by the
Department of Housing and Urban Development.
VIII. TERMINATION fOR CONVENIENCE: The City may permit the agreement to
be terminated for convenience in accordance with 24 CFR 85.44.
HUD HPRP Agreement
6-1 2 Page 7 of 15
IX. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion
of the City if the United States Government terminates the Homeless
Prevention and Rapid Re-Housing Program or terminates the Project,
which is the subject of this Contract, or upon Subrecipient's satisfactory
completion of the objectives set forth in the Scope of Work as determined
by City.
X. TERMINATION OF CONTRACT FOR CAUSE:
In accordance with 24 CFR Parf 85.43, if Subrecipient fails to fulfill in a
timely and proper manner its obligations under this Contract to
undertake, conduct or perform the Project identified in this Contract, or if
Subrecipient violates any state laws or regulations or local ordinances or
regulations applicable to implementation of the Project, or if Subrecipient
violates any provisions of this Contract, City shall have the right to
terminate this contract by giving at least ten (10) days written notice to
Subrecipient of the effective date of termination. Even if City terminates
the Agreement, Subrecipient shall remain liable to City for all damages
sustained by Subrecipient due to Subrecipient 's failure to fulfill any
provisions of this Contract, and City may withhold any reimbursement
payments from 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. The City may also, in lieu of termination
and at its discretion, take any action, as stated in 24 CFR 85.43, subdivision
(a), sections 1 to 5, to enforce this Agreement.
XI. CONTRACT ADMINISTRATION: The Housing Manager of the City of Chula
Vista, shall administer this Contract on behalf of the City. The Executive
Director of South Bav Community Services shall administer this contract on
behalf of the Subrecipient . Within a reasonable time after the City makes
a request, Subrecipient shall give the City progress reports or other
documentation as required by the City's Administrator to audit
Subrecipient 's performance of this Contract.
XII. RECORDS AND REPORTS: The Subrecipient shall maintain records and
make such reports as required by the City's Administrator, to enable the
City to analyze Subrecipient's project. All records of the Subrecipient
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.
XIII. RETENTION: The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the
HUD HPRP Agreement
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Agreement for a period of five (5) years after the final draw and all
reporting, and until the submission of 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.
XIV. DATA: The Subrecipient shall maintain data demonstrating eligibility (low-
moderate income data) for Homeless Prevention and Rapid Re-Housing
Program applicants and participants. Such data shall include, but not
limited to, amount of assistance, eligibility, waiting list, work performed,
and a description of service provided. Such information shall be made
available to City monitors or their designees for review upon request.
XV. 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.
Subrecipient shall have applicant signed a City release of information
(Attachment H).
XVI. QUARTERLY REPORTS/ANNUAL REPORT: Subrecipient is subject to the
reporting requirements established by the Recovery Act, as specified by
HUD and the Office of Management and Budget. To encourage
transparency, City will require Subrecipient to provide reports that will be
used for posting on the Recovery.gov website.
At a minimum, Subrecipient shall provide the City with monthly reports,
submitted no later than ten (10) days after the last day of the previous
month, 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 HPRP funds during the
previous month. Failure to submit monthly reports in a timely manner will
result in withholding of HPRP funds until the report has been submitted.
The year-end annual performance report is due by July 16.
HUD HPRP Agreement
6-1 4 Page 9 of 15
XVII. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall
defend and indemnify City and its officers, agents, employees and
volunteers against any and all claims, deductibles, self-insured retentions,
demands, liability, judgments, awards, fines, mechanics' liens or other
liens, labor disputes, losses, damages, expenses, charges or costs of any
kind or character, including attorneys' fees and court costs (collectively,
Claims), which arise out of or are in any way connected with the work or
scope of services covered by this Contract arising either directly or
indirectly from any act, error, omission or negligence of Subrecipient or its
officers, employees, agents, Subrecipient s, licensees or servants,
including without limitation, Claims caused by the concurrent act, error,
omission or negligence, whether active or passive, of City, and/or its
agents, officers, employees or volunteers. However, Subrecipient shall
have no obligation to defend or indemnify City from a Claim if it is
determined by a court of competent jurisdiction that such Claim was
caused by the sole negligence or willful misconduct of City or its agents or
employees.
Subrecipient and its successors, assigns, and guarantors, if any, jointly and
severally agree to indemnify, defend (with counsel selected by City)
reimburse and hold City and its officers, employees and agents harmless
from any claims, judgments, damages, penalties, fines, costs, liabilities
(including sums paid in settlement of claims) or loss, including attorneys'
fees, consultants' fees, and experts' fees which arise during or after the
contract term for any losses incurred in connection with investigation of
site conditions, or any cleanup, remedial, removal or restoration work
required by any hazardous materials laws because of the presence of
hazardous materials, in the soil, ground water or soil vapors on the
premises, 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; or
HUD HPRP Agreement
6-1 5 Page 10 of 15
c. Hazardous materials present on or under the Property as a result of
any discharge, release, dumping, spilling (accidental or otherwise),
onto the Property during or after the Term of this contract by any
person, corporation, partnership or entity other than City.
The foregoing indemnities shall survive the expiration or termination of the
contract any or any transfer of all or any portion of the Premises, or of any
interest in this contract and shall be governed by the laws of the State of
California.
Funding from this program is the result of a Federal Grant. Should Federal
funding be terminated for any reason, the City is not liable for any
consequence of any type resulting directly or indirectly from the
termination of federal funding and subrecipient agrees, in addition to any
other indemnification obligation set forth in this agreement, to indemnify,
hold harmless, and defend the City against any claim, cause of action, or
any form of liability resulting from, directly or indirectly, the termination of
Federal funding.
XVIII. Insurance Requirements: South Bay Community Services, at their sole cost
and expense, must procure and maintain insurance against claims for
injuries to persons or damages to property that may arise from or in
connection with the performance of work or services under the Contract
and the results of that work or service by subrecipients, their agents,
representatives, employees or subcontractors and provide
documentation of same prior to commencement or work. The
aforementioned insurance requirement shall be in the manner stated and
proper proof of said insurance must be maintained for the duration of the
contract as further detailed in Attachment B. The City may amend the
insurance requirements, including but not limited to, requiring additional
types of insurance or greater coverage amounts, as determined by the
City. Failure to maintain insurance as required is a basis to take
enforcement action, including termination of the agreement.
XIX 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.
HUD HPRP Agreement
6-1 6 Page 11 of 15
XX ENTIRE CONTRACT: 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.
XXI MODIFICATION: This contract may not be modified except by written
amendment executed by each party.
XXII ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City of
Chula Vista, Recovery Act, and the Department of Housing and Urban
Development as the source of funding, or, if applicable, one of the
sources of funding in public announcements that are made regarding the
project. Acknowledgement of the City's funding role, 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.
XXIII NO WAIVER: No failure, inaction, neglect or delay by City in exercising any
of its rights under this Contract shall operate as a waiver, forfeiture or
abandonment of such rights or any other rights under this Contract.
XXIV CONFLICT OF INTEREST: In the procurement of supplies, equipment,
construction, and services by Subrecipient and subcontractors, the
conflict of interest provisions, Attachment O of OMB Circular A-110 and 24
CFR 84.42, respectively, shall apply. In all cases not governed by the
provisions of said circular and regulation, the following provisions of HPRP
program shall apply.
A. No member of the governing body, officers or employee of the
Subrecipient or its designees or agents, or any other person who
exercises any functions or responsibilities with respect to the program
assisted by this Agreement during his tenure or for one year thereafter,
shall have any direct interest in any contract or subcontract, or the
proceeds thereof, for the work to be performed in connection with the
program.
B. No employee, officer or agent of the Subrecipient shall participate in
the selection, award, or administration of a contract supported by
HPRP if a conflict-of-interest, either real or apparent, would be
involved.
C. The Subrecipient shall incorporate, or cause to be incorporated in all
third party agreements, a provision prohibiting such interest pursuant to
the purpose of this Section.
HUD HPRP Agreement
6-1 7 Page 12 of 15
D. Subrecipient must maintain written standards of conduct governing
the award and administration of contracts. At a minimum, these
standards must:
• Require that no employee, officer, or agent may participate in the
selection, award, or administration of a contract supported by
Federal funds if a real or apparent conflict would be involved. Such
a conflict would arise when any of the following parties has a
financial or other interest in the firm selected for an award:
- The employee, officer, or agent of the Subrecipient ;
- Any member of an employee's office's or agent's immediate
family;
- An employee's, agent's, or officer's partner; or
- Any organization which employs or is about to employ any of
the above.
• Require that employees, agents, and officers of the Subrecipient
neither solicit nor accept gratuities, favors, or anything of value from
subSubrecipients, or parties of subagreements. However,
Subrecipient s may set standards for situations in which the financial
interest is not substantial or the gift is an unsolicited item of nominal
value.
• Provide for disciplinary actions to be applied for any violations of
such standards by employees, agents or officers of the
Subrecipient.
XXV. NON DISCRIMINATION AND EQUAL OPPORTUNITY: The Subrecipient
agrees to comply with all the requirements relating to fair employment
practices, to the extent applicable and shall cause the foregoing
provision to be inserted in all contracts with third parties for any work
covered by this Agreement so that such provisions will be binding upon
such third parties. Subrecipient will conduct and administer the grant in
conformity with 24 CFR 5.105(a). Subrecipient must make known that
HPRP rental assistance and services are available to all on a
nondiscriminatory basis and ensure that all citizens have equal access to
information about HPRP and equal access to the financial assistance and
services provided under this program. Among other things, this means
that the Subrecipient must take reasonable steps to ensure meaningful
access to programs to persons with limited English proficiency (LEP),
pursuant to Title VI of the Civil Rights Act of 1964. In addition, all notices
and communications shall be provided in a manner that is effective for
HUD HPRP Agreement
6-18 Page 13 of 15
persons with hearing, visual, and other communication related disabilities
consistent with section 504 of the Rehabilitation Act of 1973 and
implementing regulations at 24 CFR 8.6.
XXVI. LOBBYING: The undersigned certifies, to the best of his or her knowledge
and belief that:
No appropriated federal funds have been paid, or will be paid, by or
on behalf of the undersigned to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress in connection with this Federal Contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Disclosure Form to Report Lobbying (Standard Form-LLL), in
accordance with its instructions.
3. The undersigned shall require that the language of this certification
be included in the award documents for all sub-awards at all tiers
(including subcontracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure.
XXVII WAIVER OF ENFORCEMENT: No waiver by the City of the right to enforce
any provision of this Agreement shall be deemed a waiver of the right to
enforce each and all the provisions hereof.
HUD HPRP Agreement
6-1 9 Page 14 of 15
XXVIII REVISIONS AND AMENDMENTS AND APPROVALS:
A. Any changes to this Agreement shall constitute an amendment.
B. The Subrecipient shall not expand, enhance, commingle or add to
the scope of the program, covered by the Agreement.
C. Amendments of the terms of this Agreement shall not become
effective unless reduced to writing, numbered, agreed to and signed
by the City and the duly authorized representative of the Subrecipient .
XXIX NOTICE: Any notice of 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, postage prepaid, addressed to:
SUBRECIPIENT
South Bay Community Services
Executive Director
1 124 Bay Boulevard Ste: D
Chula Vista, CA 91910
///
///
///
CITY:
City of Chula Vista Redevelopment & Housing
Housing Manager
276 Fourth Avenue
Chula Vista, CA 91910
[Signature Page to Follow]
HUD HPRP Agreement
6-20 Page 15 of 15
IN WITNESS WHEREOF, the Parties have executed this contract as of the
date first written above.
CITY OF CHULA VESTA
James D. Sandoval
City Manager, City of Chula Vista
APPROVED AS TO FORM
Barf Meisfeld
City Attorney
ATTEST
City Clerk
Attachment A -Scope of ;
Attachment B -Insurance
Attachment C -HUD Income Limits
Attachment D -Disclosure Form
Attachment E- Homeless Prevention and Rapid Re-Housing HUD-401 19
Attachment F Federal Register Notice (FR-5307-N-O1)
Attachment G-Sample Monthly Payment Authorization form
Attachment H-City Release of Information
6-21
South Bay Community Services
ATTACHMENT A
SCOPE OF SERVICES
The Subrecipient agrees to work with the City to locate and assist up to 45 very
low income City of Chula Vista households who are currently or are facing
eviction of permanent rental units (Homeless Prevention) or are residing in an
emergency shelter or transitional housing (Rapid Re-Housing) in accordance
with the provisions contained in the Homeless Prevention Fund created under
Title XII of Division A of the American Recovery and Reinvestment Act of 2009
(Recovery Act) referred to as the Homeless Prevention and Rapid Re-Housing
Program (HPRP), and the Federal Register Notice (FR-5307-N-O1).
General Subrecipient responsibilities include but are not limited to:
i. Develop and implement procedures to ensure the HPRP
program is properly administered in accordance with the
Federal Register Notice FR-5307-N-O1);
ii. Ensure the confidentiality of records pertaining. to any
individual provided with assistance and that the address and
location of any assisted housing will not be made public,
except to the extent that this prohibition contradicts a pre-
existing privacy and/or disclosure law(s) of the State of
California;
iii. Serve as the clearinghouse and central point of contact for the
referral of homeless or at-risk families to the Chula Vista
Homeless Prevention and Rapid Re-Housing program;
iv. Accept referrals from non-profit agencies serving homeless
families and those at risk of becoming homeless including but
not limited to: Chula Vista Community Collaborative, Chula
Vista Elementary School District Mc. Kinney Vento Homeless
liaisons, Interfaith Shelter Network, County Health and Human
Services eligibility technicians and social workers;
v. Make the necessary Housing Assistance Payments on behalf of
participating families directly to property owners;
vi. Administer a short to medium term tenant based rental
assistance program for a period not to exceed 12 months per
family (including arrears);
vii. Conduct income eligibility and recertification determinations
as required by HUD;
viii. Assist families with landlord/tenant rent negotiations, housing
search, placement; and access to mainstream resources wait
HUD HPRP Agreement
6-2~ttachment A-Scope of Services and Budget
lists for programs such as Section 8, Public Housing and other
affordable housing programs;
ix. Collaborate with the City of Chula Vista to develop the step by
step protocol to be followed for the Homelessness Prevention
and Rapid Re-Housing Project;
x. Ensure the program is implemented in accordance with all
applicable federal, state and local guidelines;
xi. Enter program and client level information into the
Homelessness Management Information System;
xii. Designate appropriate staff to participate in the collaborative
decision making process regarding program implementation;
xiii. Provide assistance to Liaisons/Case Managers in the
development of Housing Retention Plans to prevent future
housing instability;
xiv. Serve as a clearing house for information sharing related to
linkages to existing community resources for homeless families;
xv. Provide all programmatic and fiscal reports to the City of Chula
Vista to be submitted to the Department of Housing and Urban
Development as required for program monitoring and
evaluation:
xvi. Collaborate with City in data collection; monitoring and
program evaluation;
xvii. Submit monthly invoices for reimbursement for eligible
expenditures related to program outreach.
1. HPRP Rental Assistance and Rapid Re-Housing Program requirements:
a) Provide approximately 45 Homeless Prevention and Rapid-Re-Housing
Rental Assistance (HPRP) Vouchers (including security deposit and utility
assistance, as needed) for an initial 3 months, which may be renewed for
an additional 9 months.
b) Develop and update a Homeless Prevention and Rapid Re-Housing
Program Administrative Plan that includes grant administration;
c) Security deposit assistance (up to $1,000) to City of Chula Vista Homeless
Prevention and Rapid Re-Housing eligible families in accordance with the
Subrecipient 's HPRP Administrative Plan;
d) Counsel prospective tenants regarding landlord/tenant responsibilities,
methods of locating suitable units and equal housing opportunity laws;
e) Maintain a waiting list and administer the HPRP program as stated in
Department of Housing and Urban Development Federal Register Notice
HUD HPRP Agreement
6-2$ttachment A -Scope of Services and Budget
FR-5307-N-Ol and the City of Chula Vista's Homeless Prevention and Rapid
Re-Housing program amendment approved by the Department of
Housing and Urban Development.
f) Calculate and determine eligibility using the United Stated Department of
Housing and Urban Development's Technical Guide for Determining
Income and Allowances for the HOME Program;
gJ Provide financial literacy, credit counseling, legal-assistance, and other
self-sufficiency services to families receiving HPRP assistance; and
h) Conduct initial Eligibility and Recertifications. Initial and annual
Inspections will also be required.
2. The City and/or the City's monitoring agents will monitor the performance of
the Subrecipient as it relates to this Agreement on a periodic basis.
3. For each fiscal year, all Eligible Households assisted through HPRP must be at
or below 50 percent of area median income, adjusted for family size.
a) Eligibility is determined by comparing the household's anticipated gross
annual income for the next twelve months to the income limits for the
appropriate household size. (The definition of annual income as defined in
Section 8 of the United States Housing Act of 1937.) Verification of income
should be completed in accordance with the rule of the Section 8
Housing Choice Voucher Program.
b) Written certification of income eligibility must be obtained prior to
occupancy. If applicants or household members that are being assisted
have given false information, the Subrecipient must notify the City and
rental assistance must be terminated.
c) Eligible Households who receive assistance under this Agreement must be
currently on a waiting list for a Section 8 Housing Choice Voucher Program
and must be transitioned from the HPRP program to the Section 8
program if a Housing Choice Voucher becomes available to them.
4. No TBRA application shall be accepted by the Subrecipient after expiration
of this contract unless otherwise extended in writing by the City, but in no
event will the contract be extended beyond an additional one year.
5. The Subrecipient is responsible for obtaining the following documentation for
each Eligible Household applying to receive HPRP Funds:
a) Tenant Income and asset verifications;
b) Signed HPRP Coupon (voucher);
HUD HPRP Agreement
g-QQttachment A -Scope of Services and Budget
c) Request for Tenancy Approval (originalJ;
d) Conduct a Rent Reasonableness certification;
e) Signed Lease and Lease Addendum (copy);
f) Obtain evidence that households must be either homeless or at risk of
losing its housing and meet both of the following circumstances: (1) no
appropriate subsequent housing options have been identified; AND (2)
the household lacks the financial resources and support networks needed
to obtain immediate housing or remain in its existing housing. Obtain
evidence of homelessness using the HUD Supportive Housing Program
definition defined by section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 1 1302J;
g) Obtain evidence of eligible immigration status; and
h) Rapid Re-Housing is available for persons who are homeless according to
HUD's definition. Individuals and families who meet one of the following
criteria, along with the minimum requirements described in (f) of this
section, are eligible under the rapid re-housing portion of HPRP.
b. Rental assistance under this program is not portable and is available to
Eligible Households to rent the unit of their choice in the City of Chula Vista
provided it does not already receive any form of rental assistance. The
assistance is conditioned upon eligibility, issuance of a voucher, Housing
Quality Standards Inspection, the execution of a Lease Addendum between
the landlord/owner and the Eligible Household, and a Housing Assistance
Payment contract between the landlord/owner and the City of Chula Vista.
7. The Subrecipient will transmit to the City a Monthly Payment Authorization
form (Attachment F), authorizing payment for all Eligible Households.
Households that are subsequently determined to be ineligible or who have
served notice they have vacated must be removed from the next monthly
submittal. Subrecipient must notify the City within 10 days in the event that
a tenant moves out of a HPRP assisted unit.
8. The Subrecipient will apply its stated method of continued program
participation, including annual income certification and unit inspections, as
documented in their HPRP Administrative Plan. If Income exceeds 50% of
Area Median Income at recertification, assistance must be terminated.
9. Assisted units may be publicly or privately owned; however, units covered
under aproject-based rental assistance agreement, Public Housing Authority
units, or any unit receive a federal subsidy including are not eligible.
10. The City must perform initial and annual on-site inspections of rental housing
occupied by tenants receiving HPRP assistance to determine compliance
with property standards. The City will be required to inspect units at initial
HUD HPRP Agreement
6-2i3ttachment A -Scope of Services and Budget
occupancy and certify that the unit meets minimum HUD Housing Quality
Standards (HQS). The City's Housing Assistance Payments (HAP) will not begin
until the unit has passed a HQS inspection and the unit has been approved
by the City of Chula Vista. Inspections are only required for HPRP
participants moving from one unit to another. If families are to remain in
place using HPRP assistance, a HQS inspection is not required, but may be
conducted upon recommendation or if the HPRP participant files a formal
request for a special HQS inspection.
1 1. The Subrecipient shall execute a Housing Assistance Payment contract with
the landlord. In addition, the Subrecipient shall obtain a copy of the signed
lease agreement and Lease Addendum executed between the landlord
and the tenant.
12. The Subrecipient shall maintain a waiting list of families and a written tenant
selection policies and criteria that provide housing to low and very low-
income families that is consistent with the City's Consolidated Plan. During
the term of the contract, the preferences established by the Subrecipient
must be consistent with the purpose of providing assistance to very low and
low-income families. The waiting list shall be used to fill openings based on
their priority status and chronological place on the waiting list. Subrecipient
shall verify that persons accessing City of Chula Vista HPRP program are
Chula Vista residents.
13.Subrecipient shall track the all applicants and participants of the HPRP
program and the referral source.
14.Subrecipient shall provide applicants or participants with written notices
establishing eligibility or denial of the HPRP Program.
15. The term of the lease between the tenant and the owner must be at least
for three months, unless both mutually agree in writing. The subsidy payments
to the landlord under the HPRP program shall not exceed 12 months from the
date of occupancy unless the HPRP assistance covers arrear payments. In
no event exceed the actual period of assistance exceed 12 months. The
tenant shall be solely responsible for any damages caused by breaching the
lease that exceed the security deposit.
1 b. Rental assistance calculations must be prorated during the initial month.
Leases should begin on the first day actual tenant occupancy. The City shall
not be held responsible for paying the rent if the resident chooses to move
into the unit prior to City approval.
HUD HPRP Agreement
6-26ttachment A -Scope of Services and Budget
17. Certain lease provisions are prohibited under the Regulations. These
provisions are contained in the Lease Addendum which shall be executed by
the landlord and tenant.
18. The amount of rental, utility, utility deposit, and security deposit assistance
paid on behalf of an eligible HPRP household shall be applied consistently
with a methodology approved by the City of Chula Vista. This methodology
shall be described in South Bay Community Services' HPRP administrative
plan.
19.Applicants whose subsidy calculations are less than $100.00 per month are
not eligible to receive HPRP funds.
20. Applicant's and Participant's minimum rent is $100.00.
21. Subrecipient will develop and provide each participant with a Tenant
Handbook outlining the participant's responsibilities.
22.Issues not covered in this agreement are to be handled in accordance with
HUD 24 CFR Part 92, HOME Investment Partnerships Program Final Rule,
Community Planning and Development Notice 96-07 (CPD Notice 96-07),
and HUD's Technical Guide for Determining Income and Allowances for the
HOME Program.
23.Subrecipient shall develop a formal process that recognizes the rights of
individuals receiving assistance to due process. This process, at a minimum,
must consist of:
(a) A written notice to the program participant containing a clear statement
of the reasons for termination;
(b) A review of the decision, in which the program participant is given the
opportunity to present written or oral objections before a person other
than the person (or a subordinate of that person) who made or
approved the termination decision; and
(c) Prompt written notice of the final decision to the program participant.
Performance Measurements: City expects all HPRP participants to achieve
permanent housing once the HPRP program is completed.
A. TIME SCHEDULE: Subrecipient will make all good faith and reasonable
HUD HPRP Agreement
6-21~ttachment A-Scope of Services and Budget
efforts to implement the project in compliance with HPRP
requiremements. Subrecipient shall implement the project on October 1-
2009.
B. ESTIMATED BUDGET: Subrecipient shall make all good faith and
reasonable efforts to complete the work under this Contract within the
following estimated budget, as detailed in attachment "A." In no case
shall subrecipient be entitled to, nor shall CITY reimburse Subrecipient, for
more than 754 700 for work or services performed under this Contract.
Subrecipient must expend 60 percent of the HPRP grant funds within iwo-
years of the date the funds become available to the City of Chula Vista
by the Department of Housing and Urban Development and 100 percent
of the funds within three years of this date. Budget revisions that exceed
10% of the approved line item budget must be approved by the Housing
Manager.
^ Tenant Based Rental Assistance
^ Security Deposit Assistance (limited to $1,000 perfamily)
• Utility Allowance Assistance
• Case Management
HPRP Estimated Budget Summary
Homelessness
Prevention Rapid Re-
housing Total Amount
Budgeted
Financial Assistance' $478,325 $75,000 $553,325
Housing Relocation and
Stabilization Services2 $159,441 $25,000 $184,441
Subtotal
(total of previous two rows) $637,766.00 $100,000 $737,766
Administration (2`70 of Grant) 0 0 $16,934
Total Amount Budgeted $637,766.00 $100,000 $754,700
Financial assistance includes the following activities as detailed in the HPRP Notice:
short-term rental assistance, medium-term rental assistance, security deposits, utility
deposits, and utility payments,
zHousing relocation and stabilization services include the following activities as detailed
in the HPRP Notice: case management, outreach, housing search and placement,
legal services, mediation, and credit repair.
HUD HPRP Agreement
6-28ttachment A-Scope of Services and Budget
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HUD HPRP Agreement
Attachment A -Scope of Services and Budget
. HOMELESSNESS PREVENTION PROGRAM,-, PERSONN~L;~~COST.
~. "~~ ~.. ,HPRP PROPOS~D'BUDGE~'.;~ .~'...'. ~ ~ k . _ ... ,.
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Assoc
Case management,
individualized housing
& service plan,
outreach 8 participant
Case management,
individualized housing
& service plan,
outreach & participant
services. Supervision of
Comm Dev staff and liasion
Assoc/Program between partners &
Director 25% SBCS SBCS. 29,780 29,780
Contract
Compliance
Assoc 11%
Project
Coordi
Data collection, data
Planning, regulatory
compliance, contract
admin,
accomplishment
reporting and fiscal
Subtotal Staff Costs
- ~ $ 129
12,701
1 ~ $ 142,141
HUD HPRP Agreement
Attachment A -Scope of Services and Budget
rn
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• Rent Q~19.mo t ~ , ~ ; ~ :. 45,100 41 Rent mts @ 1,100/month
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HUD HPRP Agreement
Attachment A -Scope of Services and Budget
RAP~D.~R~='HOUSING PROGRAM - PERS4NN~L COST.., .
MP~P PROf~O$EP~BUDG~'f~ "°`~.~ `"~ ~e ~'< ~~ ~,;~. ~+..,~~:~.:
Comm Dev
Assoc 1
rn
I
w Comm Dev
N
Assoc/Program
Director
Contract
Compliance
Assoc
Project
Case management,
individualized housing &
service plan, outreach
SBCS & participant services - 9,765 9
Case management,
individualized housing &
service plan, outreach
& participant services.
Supervision of staff and
liasion between partnes
SBCS
Data collection, data
entry, HMIS and reports
Planning, regulatory
compliance, contract
admin, accomplihment
reporting and fiscal
Subtotal Staff Costs I $ _ I $ t 5 000 ~ $ - ~ S 4,234 ~ $ 1
HUD HF'Kf AgreemenT
Attachment A -Scope of Services and Budget
ATTACHMENT B
INSURANCE REQUIREMENTS
Subrecipient 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 Subrecipient ,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.
V. Minimum Scooe of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
codel (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
VI. Minimum Limits of Insurance
Subrecipient must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as
applicable.)
2. Automobile Liability:
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability insurance with a general aggregate limit is used,
either the general aggregate limit must apply separately
to this project/location or the general aggregate limit
must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property
damage.
3. Workers' Statutory
Compensation $1,000,000 each accident
Employer's Liability: $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 Subrecipient will provide a financial guarantee satisfactory to the City
HUD HPRP Agreement
6-33 Attachment "B" -Insurance Requirement
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 liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf
of the Subrecipient ,where applicable, and, with respect to liability arising out
of work or operations performed by or on behalf of the Subrecipient 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 Subrecipient 's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not
exclude Products /Completed Operations coverage.
2. The Subrecipient 's insurance coverage must be primary insurance as it
pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers is wholly separate from the insurance of the
Subrecipient and in no way relieves the Subrecipient 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 offer thirty (30) days'
prior written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Subrecipient 's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State
of California with a current A.M. Bests 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
Subrecipient shall furnish the City with on final certificates and amenda Ho D HPRP Agreement
6-34 Attachment "B -Insurance Requirements
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.
Sub Contractors
Subrecipient 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.
HUD HPRP Agreement
6-35 Attachment "B -Insurance Requirements
ATTACHMENT C
HUD INCOME LIMITS 2009-CITY OF CHULA VISTA
Extremely
Lotir Income Very
Low Income
F~m;t~ 30% 35% 40% ~0%
sue Income Income Income Income
or-~ $17,350 $20,250 $23,.150 $28,900
rwo $19,850 X23,100 $26.450 $33,050
ZT~EE $22,300 $26,000 $29,750 $37,1.50
Foux $24,800 $28,900 $33,050 $41,300
FIVE $2b,800 $31.200 $35.700 $44,600
sIx $28,750 $33,500 $38,350 $47,900
sE~~Iv' $30.750 $35,850 $41,000 $51,200
EIGHT $32,750 $38,150 $43,650 $54,500
huu hrrcr r~yieaiiiciii
6-36 Attachment "C" -HUD Income Limits
ATTACHMENT D
CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on
all matters which will require discretionary action on the part of the City Council, Planning
Commission, and all other official bodies.
The following formation must be disclosed.
1. List the names of all persons having a financial interest in the contract, i.e. contractor,
subcontractor, material supplier.
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of
all individuals owning more than 10% of the shares in the corporation or owning any
partnership interest in the partnership.
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the
names of any person serving as director of the non-profit organization or as trustee or
beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months?
YES_ NO / If YES, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or
independent contractors who you have assigned to represent you before the City in this
matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more tha $1,000 to a
Councilmember in the current or preceding election period? YES_ NO~
If yes, state
which Councilmember(s):
Person is defined as: 'Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and country, city, municipality, district or other political subdivision, or any other group or
combination acting as a unit."
(NOTE: Attach additional pages as necessary)
Dated this~_, day of
~C'~>Y~cz ,, , 1-~--~
Print or type name of contractc
HUD HPRP Agreement
Attachment "D" -Disclosure Form
6-37