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HomeMy WebLinkAbout2010/05/04 Item 8CITY COUNCIL AGENDA STATEMENT 3 1 '"~` CHULA VISi'A May 4, 2010, Item ~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE 2010-2015 CONSOLIDATED PLAN AND FISCAL YEAR 2010-2011 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECB'IENT/CONTRACTOR; (3) AMENDING THE FISCAL YEAR 2008-2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $120,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO AN ELIGIBLE PROJECT; AND (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TR~) O1B~AIN THE HUD GRANTS SUBMITTED BY: DEPUTY CITY MANAGE DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER 4-STHS VOTE: YES ~ NO 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 Mazch 23, 2010, the City Council held a Public Hearing on priorities for the 2010-2015 Consolidated Plan and 2010-2011 CDBG, HOME and ESG funding recommendations. This item will approve the fina12010-2015 Consolidated Plan and 2010-2011 Action Plan which contains the spending plan. Additionally, the City desires to exchange a source of project funding from CDBG to CDBG-R in order to meet the strict expenditure requirements. Therefore, a substantial amendment to the 2008-2009 Annual Action Plan is proposed to re-allocate $120,000 in 8-1 May 4, 2010, Item Page 2 of 9 Community Development Block Grant Recovery Act Program (CDBG-R) to another eligible project. ENVIRONMENTAL REVIEW All projects with the exception of the capital improvement projects are deemed exempt per the National Environmental Protection Act regulations. An environmental review will be conducted on all capital improvement projects prior to the contract awazds. RECOMMENDATION Adopt resolution. BOARDS-COMMISSION RECOMMENDATION Not applicable. DISCUSSION As an entitlement community with the Department of Housing and Urban Development, the City receives funds under three block grant programs: • Community Development Block Grant • Home Investment Partnerships • Emergency Shelter Grant As a recipient of these HUD funds, the City is required to develop afive-year plan outlining its housing and community development needs and objectives. In addition to the Consolidated Plan, the City is required to submit an Annual Action Plan indicating how the City plans to use the funds it will receive from HUD to address the priority needs identified in the Consolidated Plan. The Annual Plan constitutes the City's annual application to HUD for its grant funds. The entitlement amounts allocated to the each jurisdiction are determined using a formula based on statistical and demographic data. The funds aim to provide decent housing, a suitable living environment, and to expand economic opportunities, principally for low- and moderate-income persons. Due to a delay at the Federal level, the City had not been notified of the upcoming allocation amounts at the time of the March 23rd public hearing. The City has now been advised by HUD of the final 2010-2011 grant allocations. Refer to Attachment 1, "2010-2011 Funding Recommendations" for projected total funding levels. Citizen Participation Process HUD requires that both the Consolidated Plan and Annual Action Plans be developed using public participation and expects cities to encourage the participation of low- moderate income persons, minorities, persons with limited English proficiency and persons with disabilities to provide input. Public participation applies to any new plans as well as any substantial amendments to existing plans. S-2 May 4, 2010, Item g Page 3 of 9 For the Consolidated Plan and the Annual Action Plan, the City's outreach efforts included one stakeholder meeting for service providers and three community meetings as well as a resident survey. These combined efforts provided staff with valuable input on the community's housing and community development needs. Notices for the workshops and public hearing were published twice, the first one at least two weeks in advance. The survey and flyers were available in both English and Spanish, and translation services were made available. The Consolidated Plan and the Annual Action Plan were available fora 30-day review and comment period from Mazch 30, 2010 to April 30, 2010. To maximize outreach efforts, materials were also posted on the City's website. City staff has not received any public comments to date. In the event Staff receives public comment tonight, we will incorporate all public comments received and submit the Consolidated Plan and Annual Action Plan to HUD by May 14, 2010. The Amendment to the 2008-2009 Annual Action Plan was released for aseven-day public review period beginning on April 26, 2010 and closing May 3, 2010. As of the date this report was published, no comments were received concerning the amendment. 2010-2015 FIVE YEAR CONSOLIDATED PLAN The 2010-2015 Five-Year Consolidated Plan details the City's five-yeaz strategy for allocating HUD funds to specific goals and objectives identified as housing and community development priorities. The priorities are included in the 2010-2015 Consolidated Plan (Attachment 2). For preparation of the Consolidated Plan, cities rely on the feedback obtained through the community outreach process to develop the five year goals and objectives. A survey was created to provide the community with the opportunity to comment on the City's greatest housing and community development needs (refer to the Executive Summary of the Consolidated Plan for complete survey data). The resident survey was completed by 154 Chula Vista residents and-or stakeholders. Seven funding categories were identified as priorities (listed below by priority level). 1. Infrastructure-Street-alley improvements, sidewalk improvements. 2. Business and Jobs- Job creation and job training. 3. Housing Priorities-Affordable rental housing, homeownership assistance, lead paint abatement. 4. Neichborhood Services-Cleanup of abandoned buildings, targeted code enforcement, graffiti removal. 5. Community Services-Crime prevention programs, youth services, health services. 6. Special Needs-Family Self-sufficiency programs, homeless shelters and services for neglected-abused children. 7. Community Facilities-Neighborhood centers, health care facilities, park and recreation centers, and fire station(s)-equipment. Based upon the responses received, we established the following priority needs to guide funding during the five-yeaz Consolidate Planning period: 8-3 May 4, 2010, Item 8 Page 4 of 9 Community Development Priorities. The City's top community development priorities during the next five yeazs aze: L Infrastructure improvements in low-moderate income neighborhoods 2. Community Facilities 3. Job Creation and Training Housing Priorities: The City's top housing priorities during the next five years are: 1. Affordable rental housing development for low-moderate income households 2. Maintenance and preservation of existing housing stock 3. Homeownership opportunities Special Needs and Homeless Priorities. The City serves special needs and homeless populations by funding public services at the maximum funding level allowed by HUD. 1. Public Services. 2. ADA improvements 3. Transitional housing and homeless services 2010-2011 ANNUAL ACTION PLAN This report (Attachment 2) reviews the 2010-2011 entitlement amounts as well as the requests for funding received from various City departments and local organizations. For 2010-2011, the City anticipates utilizing approximately $3.25million in combined federal resources ($2,167,801 in CDBG, $88,021 in ESG and $996,287 in HOME). At the Mazch 23 public hearing, the City had not been notified of the upcoming allocation amounts. The City has now been advised by HUD of the final 2010-2011 grant allocations. Refer to Attachment 1, "2010-2011 Funding Recommendations" for projected total funding levels. Staff is recommending increasing the capital improvement category by the amount of the increase (8%) in Community Development Block Grant funding. The increase amount is being recommended to fund additional capital improvements at the Lauderbach public facility site (PR-312) and to fund a newly identified public services project at Lauderbach. HOME and ESG amounts were also slightly adjusted by the amount of increase-decrease in grant allocation. The City received a decrease in HOME funds (1%), and a very slight increase in ESG funding (.16%). 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 2010-2011 fiscal year, the City of Chula Vista will receive a CDBG entitlement grant of $2,167,801. In addition, the city will reprogram $270,778 of closed projects. A summary of CDBG funding recommendations is provided in Attachment 1 to this report. In addition, the pie chart below illustrates how the full amount of CDBG funds will be distributed in 2010-2011. 8-4 May 4, 2010, Item g Page 5 of 9 Distribution of CDBG Grant Funds Public Services Category: City staff has recommended funding public services projects totaling $300,000. 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 provided funding recommendations based on the funding priorities established in the Consolidated Plan. Along with the 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. Capital Improvement and Community Enhancement Category: The City has historically allocated approximately $1.3 million of the CDBG entitlement amount to fund capital improvement projects and community enhancement projects. Although this category is not subject to a spending cap limit, the funding is determined by the residual amount after the distribution among the Administration and Public Services categories. For 2010-2011 the remaining amount which includes a $270,778 of reprogrammed CDBG Projects, and $160,000 increase in funding over last year, is $1,765,471. This amount will be allocated to several capital improvement projects, housing services, 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 2010- 2011. 8-5 May 4, 2010, Item _~ Page 6 of 9 Distribution of Capital Improvement Fuuds Administration and Planning: This amount includes administration and planning costs related to the general management, oversight and coordination of the CDBG program. No more than 20% of the annual entitlement ($433,560) 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. City has set aside $364,500 for 2010-2011. EMERGENCY SHELTER GRANT (ESG) PROGRAM Chula Vista will receive ESG entitlement funds in the amount of $88,021 for fiscal yeaz 2010-2011. 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 towazd independent living. ESG is aformula-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 $996,287 in HOME funds from HUD for fiscal year 2010-2011. 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-yeazs 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 2010-2011. Staff will return once a viable affordable housing project is presented to staff for funding recommendation. 2008-2009 ANNUAL ACTION PLAN AMENDMENT The 2008-2009 Annual Action Plan included CDBG-R Recovery Act Funds. The goals of these funds are focused on stimulating job creation and long-term economic benefit. After review of the eligible uses, identification of projects, and public input, staff is proposing re- allocating aportion of CDBG-R funds to a project that directly addresses the intent of the Recovery Act. A summary of the proposed use of these funds is included as Attachment 3. S-6 May 4, 2010, Item _g' Page 7 of 9 City staff is recommending amending the 2008-2009 Annual Action Plan to fast track the use of CDBG-R funding. The draft CDBG-R substantial amendment is included as Attachment 4. On June 2, 2009, Council approved funding two projects with CDBG-R funding: Third Avenue Streetscape and Green Careers Capacity Building Program. These projects originally funded with CDBG-R have slipped in schedule, impeding the City's ability to meet strict expenditure requirements. The Third Avenue Streetscape project is in the design phase and will not begin construction until Fall, 2010. Additionally the Green Careers Capacity Building Program, while a good idea for a future project, is not up and running at this point. HUD recently notified the City that they were concerned about the City's CDBG-R expenditure rate. City staff came up with the following strategy to address HUD concerns: In the 2010-2011 CDBG application cycle, the City received a CDBG application from Family Health Centers of San Diego (FHCSD) for facility improvement to the Chula Vista Family Health Center. The expansion will allow more Chula Vista residents to access low cost health caze. Council recommended $120,000 in CDBG funding for the 2010-2011 CDBG funding cycle. City staff is now recommending using CDBG-R funding for this project. The project can be completed in just six months, allowing the City to spend over 20% of the CDBG-R funds. In order to accomplish this, City staff is recommending canceling the Green Career Capacity Building Program and reducing the amount of CDBG-R funding to Third Avenue Streetscape Project. In the 2010-2011 CDBG funding recommendations for regulaz CDBG, an increased amount of funding will be allocated to Third Avenue to make up the difference. The following table (Table I) is a breakdown of the reallocation of CDBG-R funds: Table I For clarification purposes, the table below (Table II) exhibits the total amount of CDBG-R and CDBG funding for Third Avenue Streetscape (STL-362). The allocation for STL-362 now includes $416,132 of CDBG-R and $410,000 of 2010-2011 CDBG for a total recommended funding amount of $823,132, a total increase in project funding of $36,132. 8-7 May 4, 2010, Item X' Page 8 of 9 Table II 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, 2010 to June 30, 2011. Each contract has several exhibits attached which are incorporated into the contract. The sample CDBG and ESG contracts are included as Attachments 5 and 6 and contain the respective attachments (A through C). 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: The HUD Income Limits for the San Diego Standard Metropolitan and sample form (effective April 2010) 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 C: City of Chula Vista Third Party Disclosure Form. This form is provided to subrecipients to complete. DECISION MAKER CONFLICT Staff has determined that the activities under the Administration and some Public Service programs of the CDBG, HOME and ESG programs aze 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. 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 boundazies of the projects and programs. 8-8 May 4, 2010, Item _g Page 9 of 9 CURRENT YEAR FISCAL IMPACT The City will allocate $2,167,801 in CDBG; $996,287 in HOME and $88,021 in ESG, for a total of $3,252,109 in 2010-2011 Entitlement Funds and $270,778 of reprogrammed funds. The grand total of $3,522,887 of federal grant funds will be appropriated in the fiscal year 2010-2011 City Budget. 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. 2010-2011 Funding Recommendations 2. 2010-2015 Consolidated Plan and 2010-2011 Annual Action Plan (Due to the size of the documents, these are on file in the Office of the City Clerk). 3. CDBG-R Proposed Use of Funds 4. CDBG-R Substantial Amendment 5. Sample CDBG and CDBG-R Agreements (which includes the following attachments): ^ Attachment A- Scope of Work • Attachment B- HUD Income Limits 2010 Attachment C- Disclosure Form 6. Sample Emergency Shelter Grant Contract (which will include Attachments A through C listed above) 7. Sample HUD Funding Agreement Prepared by: Jose Dorado, Project Coordinator II Development Services Department, Redevelopment and Housing Division 8-9 Attachment 1 2070/2011 Federal Grants Funding Recommendations CDBG ~ HOME ~ ESG CDBGAdministration Sub'eet to S ndin • ~- Redevelopmentand Housing C - Fair Housing Counseling Services - - $35,50 Redevelopment and Housing CDBG Program Planning and Admin. $359,500 Regional Task Force on the Homeless Task Force on the Homeless (RTFH) $5,000 $400,000 CDBG Public Services (Subject to Spending Cap) • ~- - - - - Meals on Wheels Meals-On-Wheels Chula Vista $12,000 TBD Lauderbach Neighborhood Ctr $26,892 Lutheran Social Services Project Hand $20,000 South Bay Community Services Thursday's Meal $10,000 County of San Diego County Hotel Voucher Program $12,250 Interfaith Shelter Network Interfaith Shelter Network $10,350 San Diego Food Bank Food 4 Kids Backpack Program $15,000 Adult Protective Services Transportation $11,000 South Bay Community Services Family Violence Treatment Program/South Bay family Justice Network $34,000 South Bay Community Services Services for High-Risk and Homeless Youth $39.550 Family Health Centers of San Diego KidCare Express Mobile Unit $27,000 Chula Vista Community Collaborative Assessment, Referral and Emergency Services $39,312 Lutheran Social Services Caring Neighbor $7,380 Chula Vista Veterans Home Support Rehabilitation Services $3,000 City of Chula Vista - Recreation WizKidz Program $12,266 City of Chula Vista -Housing Foreclosure Services $20,000 $300,000 Attachment No. 1 8-~~ 2010/2011 Federal Grants Funding Requests and Recommendations (Continued) CDBGCapital Improvement/CommuniFy Development • .- - City of Chula Vista -Engineering ADA Curb Cut Program - - - $332,695 City of Chula Vista -Finance Section 108 Payment -Year Three $741,015 City of Chula Vista -Redevelopment Third Avenue Streetscape Project $410,000 City of Chula Vista -Housing Lauderbach Security Project $182,824 City of Chula Vista -Housing Housing Services $32,045 City of Chula Vista -Housing Acquisition /Rehabilitation $40,000 $1,738,579 City of Chula Vista -Housing Production of Affordable Housing $896,659 City of Chula Vista -Housing HOME Program Planning and Administration $99,628 ESG Programs .. , ; ` `, Community Services Casa Nueva Vida ~ $83,6211 City of Chula Vista -Housing ~ESG Program Planning and Administration ~ $4,400 588,021 Attachment No. l 8-11 City of Chula Vista Federal Grant Programs 2010 -2015 Consolidated Plan and 2010 -2011 Annual Action Plan (Year 1 of the 2010 -2011 Consolidated Plan) Attachment 3 CDBG-R PROPOSED ACTIVITIES Third Avenue Streetscape Project (reduction from $500,000 to $416.132) is an existing CIP (STL362) that will significantly improve street design and accessibility along Third Avenue. The project was recently recommended for Smar[ Growth Incentive Program funding through SANDAG. With the SANDAG funds ($2M) and a commitment of $800,000 of Redevelopment funding the project can be fully designed from H St. to E St., but can only be constructed from H St. to Park Way. These additional $416,132 in CDBG- R funds will allow an additional phase to be constructed. Chula Vista Family Health Centers Facile Expansion Project ($120,000) One time funds will be used to convert an unused portion of the clinic into offices and examination rooms. This will increase the clinic square footage by 700 square feet, allowing for an additional 3 physicians to tend to patients. An additional 300 patients will served. CANCELLED PROJECT Green Careers Capacity Buildine Program (reduction from $36,132 to $O) 8-13 Aflachment 4 City of Chula Vista Community Development Block Grant Recovery Act Program (CDBG-R) Substantial Amendment to the 2008/2009 Annual Action Plan Updated: May 4, 2010 Prepared by: C3TY OF CHULA VISTA Redevelopment ~I~ousing Contact Person: Jose Dorado, Project Coordinator 276 Fourth Avenue, Chula Vista, CA 91910 Telephone: (619) 476-5375 Facsimile: (619) 585-5698 www.ci.chula-vista.ca.us CDBG-R SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Chula Vista Jurisdiction Web Address: • www.chulavistaca.QOV/cvrh CDBG-R Contact Person: Jose A. Dorado Address: 276 Fourth Avenue Telephone: 619-476-5375 Fax: 619-585-5698 Email: idorado ci.chula-vista.ca.us ENSURING RESPONS/BLE SPENDING OFRECOVERYACT FUNDS Funding available under the Recovery Act has clear purposes - to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBG- R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG-R funding. A. SPREADSHEET FOR REPORTING PROPOSED CDBGR ACTIVIT/ES Grantees must provide information concerning CDBG-R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD's recovery website at h[tp://ww~rv.hud.eov/recovery. PLEASE REFER TO ATTACHMENT I OF THIS SUBSTANTIAL AMENDMENT 8-15 B. CDBG-R INFORM,9TION BYACTIVITY (COMPLETE FOR EACHACT7V7TYJ (l) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG-R Activities -this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) - Third Avenue Streetscape Project - Chula Vista Family Health Center Facility Expansion Project (2) Activity Narrative: In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will meet the requirements of Title X[I of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG-R funds obligated, and will address the Recovery Act, by: • Preserving and creatingjobs and promoting economic recovery; • Assisting those most impacted by the recession; • Providing investment needed to increase economic efficiency; • Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; • Minimizing or avoiding reductions in essential services; or • Fostering energy independence. Response: Projects approved by the City maximize job creation retention and economic benefit through investment in infrastructure improvements and public services that will provide along-term benefit. These projects will spur economic growth by putting people back to work as the unemployment rate in Chula Vista has grown substantially over the last year. The highest number ofjobs that have been cut during this time period have been those related to the construction industry due to the slowdown in new home construction and number of building permits issued. The City's CDBG-R projects will address the employment issues, and will make a significant impact to the City in providing employment opportunities. Please refer to number 4 below and Attachment 1 for a more detailed description of each activity. (3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). Response: Activity - Jobs estimated created or retained per project (to the greatest extent feasible) are listed below: - Third Avenue Streetscape Project: 10 retained - Chula Vista Family Health Center Facility Expansion 6 jobs created 8-16 (4) Additional Activity Information (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) - Third Avenue Streetscape: This project will improve and increase the walkability and pedestrian safety of this neighborhood with new lighting, sidewalks and access ramps. Through the public outreach process, residents have stated that the poor infrastructure in this area has limited their ability to walk, bicycle ride, access transportation hubs, and/or shop at the local neighborhood businesses. These improvements will eliminate some of the architectural barriers; poor infrastructure, that will, in turn allow people to leave their cars and reduce air pollution by promoting bicycle riding and walkability. All infrastructure improvement projects are required to comply with the City's Mandatory Recvclin¢ and Construction Demolition Debris CVMC 8.25.095. • At least a minimum of 90% of inert materials (rock, dirt, concrete, etc.) and 50% of the remaining construction and demolition waste generated must be recycled. • Divert 90% of inert materials and 50% of all other debris from landfill disposal. - Chula Vista Family Health Center Facility Expansion Project: One-time funding will be used to convert an unused portion of the clinic into offices and examination rooms. This will increase the clinic square footage by 700 square feet, allowing for an additional 3 physicians to tend to patients. An additional 300 patients will served. (5) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) Third Avenue Streetscape Project- Contact: Jose A. Dorado, Project Coordinator City of Chula Vista Redevelopment and Housing 276 4`h Avenue Chula Vista, CA 91910 T: 619-476-5375 F: 619-585-5698 Chula Vista Family Health Center Facility Expansion Contact: Jose Dorado, Project Coordinator City of Chula Vista Redevelopment and Housing & City of Chula Vista 276 4`h Avenue Chula Vista, CA 91910 T: 619-476-5375 F: 619-585-5698 5-17 Provide a summary of public comments received to the proposed CDBG-R Substantial Amendment. Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 7 calendar days for public comment. Response: Consistent with our Citizen Participation Plan, City of Chula is undertaking several activities to provide reasonable notice of and an opportunity to comment on this proposed substantial amendment to the 2008/2009 Action Plan. A Public Notice for comments on the substantial amendment and the opportunity for public comment is being published in summary form in the Star News, the newspaper of general circulation for Chula Vista, on April 26, 2010. The notice includes a description of the contents and purpose of the substantial amendment. Copies of the proposed amendment are being made available at the City of Chula's Redevelopment and Housing website and office. No public comments were received during the public comment period. C. AUTHOR/ZED SIGNATURE By signing this application, I certify (1) to the statements contained in the list of certifications and (2) that the statements herein are true, complete, and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, £tctitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) Signature/Authorized Official Title Date 4 5-18 CDBG-R Substantial Amendment Grantee Checl~list For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the CDBG-R Substantial Amendment, Spreadsheet for Reporting Proposed CDBG-R Activities, and SF-424. Jurisdiction(s): City of Chula Vista Lead Agency Jurisdiction Web Address: • www.chulavistaca.eov/cvrh CDBG-R Contact Person: Jose A. Dorado Address: 276 Fourth Avenue Telephone: 619-476-5 3 75 Fax: 619-585-5698 Email: idorado ,ci.chula-vista.ca.us The elements in the substantial amendment required for the CDBG recovery funds are: A. SPREADSHEET FOR REPORTING PROPOSED CDBGR ACTIVITIES Does the submission contain a paper copy of the Spreadsheet for Reporting Proposed CDBG-R Activities? Yes® No^ Verification found on page Attachment 1 Does the submission include an electronic version of the Spreadsheet for Reporting Proposed CDBG-R Activities sent to the email box CDBG-R@hud.gov? Yes® No^ Date Spreadsheet was emailed: June 4, 2009 Does the Spreadsheet for Reporting Proposed CDBG-R Activities include, for each activity: amount of funds budgeted for each activity, including CDBG-R funds, any additional Recovery Funds used and total activity budget, Yes® No^ Verification found on page(s) Attachment 1 • the Eligibility citation (eligibility regulatory cite or HCDA cite), Yes® No^ Verification found on page(s) Attachment 1 • the CDBG national objective citation, Yes® No^ Verification found on page(s) Attachment 1 8-19 B. CDBG-R INFORMATION BYACT7VITY Does the submission contain information by activity describing how the grantee will use the funds, including: • a narrative for each activity describing how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit, Yes® No^ Verification found on page(s) 2_3 • projected number ofjobs created for each activity, Yes® No^ Verification found on page(s) 2_3 • whether an activity will promote energy efficiency and conservation, Yes® No^ Verification found on page(s) 2_3 • the name, location, and contact information for the entity that will carry out the activity, Yes® No^ Verification found on page(s) 22=3 • evidence that no more than 10% of the grant amount will be spent on administration and planning, Yes^ No^ Verification found on page (s) N/A • evidence that no more than 15% of the grant amount will be spent on public services, Yes® No^ Verification found on page (s) Attachment 1 • evidence that at least 70% of the grant amount will benefit persons of low and moderate income, Yes® No^ Verification found on page (s) Attachment 1 C. PUBLIC COMMENT PERIOD Was the proposed action plan amendment published via the jurisdiction's usual methods and on the Internet for no less than 7 calendar days of public comment? Yes® No^. Verification found on page(s) 4 Is there a summary of citizen comments included in the final amendment? Yes® No^ Verification found on page(s) 4 D. CERTIFICATIONS The following certifications are complete and accurate (1) Affirmatively furthering fair housing Yes® No^ (2) Anti-displacement and relocation plan Yes® No^ (3) Drug-free Workplace Yes® No^ (4) Anti-lobbying Yes® No^ (5) Authority of jurisdiction Yes® No^ (6) Consistency with plan Yes® No^ (7) Section 3 Yes® No^ 8-20 (8) Community development plan Yes ® No^ (9) Following a plan Yes ® No^ (10) Use of Funds Yes ® No^ (11) Excessive Force Yes ® No^ (12) Compliance with anti-discrimination laws Yes ® No^ (13) Lead-based paint procedures Yes ® No^ (14) Compliance with laws Yes ® No^ (15) Compliance with ARRA Yes ® No^ (16) Project selection Yes ® No^ (17) Timeliness of infrastructure investments Yes ® No^ (18) Buy American provision Yes ® No^ (19) Appropriate use of funds for infrastructure investments Yes ® No^ (20) 70% of CDBG-R for LMI Yes ® No^ Optional Certification (21) Urgent Need Yes^ No® D. STATECERT/FICAT/ONS-NOTAPPLICABLE The following certifications are complete and accurate (1) Affirmatively furthering fair housing Yes^ No^ (2) Anti-displacement and relocation plan Yes^ No^ (3) Drug-free Workplace Yes^ No^ (4) Anti-lobbying Yes^ No^ (5) Authority of State Yes^ No^ (6) Consistency with plan Yes^ No^ (7) Section 3 Yes^ No^ (8) Community development plan Yes^ No^ (9) Consultation with Local Governments Yes^ No^ (10) Use of Funds Yes^ No^ (11) Excessive Force Yes^ No^ (12) Compliance with anti-discrimination laws Yes^ No^ (13) Compliance with laws Yes^ No^ (14) Compliance with ARRA Yes^ No^ (15) Project selection Yes^ No^ (16) Timeliness of infrastructure investments Yes^ No^ (17) Buy American provision Yes^ No^ (18) Appropriate use of funds for infrastructure investments Yes^ No^ (19) 70% of CDBG-R for LMI Yes^ No^ Optional Certification (20) Urgent Need Yes^ No^ 8-21 CDBG-R Activity Data Spreadsheet Name: City of Chula Vista improvements along Third Avenue. Leveraging with SANDAG funds ($2m) and a commitment of 5800,000 of City Redevelopment funding the project can be fully designed from H St. to E St., but can only be constructed from H St. to Park Way. CDBG-R funds will allow Avenue an additional phase To be completed, t Scape perhaps to F St. 00 N N Fomula Grant Amount: $536,132 1(C) 570,208 (a)(1) Activities Benefiting Low- and Moderate Income Person: Area benefit $ 416,1 $ 3 5.04.2010 S 3,626,13: Chula Vista Family Health Centers Facility Expansion Project includes one time funding to convert an unused portion of the clinic into offices and 570.208 (a)(1) examination rooms, This will increase Activities the clinic square footage by 700 square Benefiting Low- feet, allowing for an additional 3 and Moderate Green Career physicians to tend to patients. An Income Persons- Capacity Building additional 300 patients will served. 570.201(E) Limited Program Public Services Clientele $ 120,000 SO SO S 120,000 $536,132 $0 $3,210,000 3,746,132 Attachment 1 Attachment 5 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT [PROJECT NAME] This contract numbered is entered into by and between ("Sub-recipient") and the City of Chula Vista ("City") on ("Effective Date") for the purpose of having Sub-recipient implement and perform work on the Organization-Project 2010-201 I as set forth herein and in the incorporated documents and attachments. RECITALS 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; WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant funds; WHEREAS, City incorporated the Sub-recipient's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block GranUHOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; WHEREAS, it is the desire of the Sub-recipient and the City that the Project be implemented by the Sub-recipient; WHEREAS, the Sub-recipient 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; and WHEREAS, Sub-recipient warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Sub-recipient to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Sub-recipient do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement 2010-2011 CDBG Agreement Page 1 of IS 8-23 ARTICLE L SUB-RECIPIENT OBLIGATIONS A. General. Work to be Performed. Sub-recipient shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annua] 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. Sub-recipient 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 Sub-recipient 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 § 5301, el.req.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570. I, el seg.); c. The regulations in 24 CFR Part 58 specifying other provisions ofthe ]aw 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 VQI of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, el ,reg.); Section ]09 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), asamended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): The work to be performed under this contract is subject to the requirements of section 3 ofthe Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2010-2011 CDBG Agreement Page 2 of 18 8-24 ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Sub-recipient agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative ofthe Sub-recipient'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 Sub-recipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agees 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-Sub-recipient is in violation of the regulations in 24 CFR part 135. The Sub-recipient will not subcontract with any sub-Sub- recipient where the Sub-recipient has notice or knowledge that the sub Sub-recipient has been found in violation ofthe regulations in 24 CFR part 135. v. The Sub-recipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient 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 Sub-recipient'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. V/ith respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) ofthe Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the 2010-2011 CDBG Agreement Page 3 of 18 8-25 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, er.reg., 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- 110entitled "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 Sub-recipient to return any program income earned bySub-recipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Sub- recipient 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 Sub- recipient's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any poRion of the value attributable to expenditures ofnon-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 2010-2011 CDBG Agreement Page 4 of 18 8-26 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, etseg); a The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, etseg, and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of ] 973 (Public Law 93-I 12) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act (42 U.S.C. § 7401, erseq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seg.) 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 Sub-recipient, 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 Sub-recipient certifies, that in accordance with Section 319 of Public Law ] O l - 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. 2010-201 ] CDBG Agreement Page 5 of 18 $-27 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 ofa 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 U.S.C. § 4151, el seq.); v. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8; w. The Americans with Disabilities Act (42 U.S.C. § 12101); x. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(1 ] )). These requirements aze further described in Attachment A, which is attached hereto and incorporated by reference; y. Prior to award of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "improving Access to Services by Persons with Limited English Proficiency ("LEP"); aa. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal progams by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and bb. Sub-recipient 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 Sub- recipient to comply with the requirements of any such obligation. B. Compliance with Laws. Sub-recipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Sub-recipient shall require sub-contractors to similazly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. 2010-2011 CDBG Agreement Page 6 of I8 8-28 C. Insurance. Sub-recipient agrees to comply with the insurance requirements as set forth below: l . General. Sub-recipient must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance ofthe 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 of work. 2. Minimum Scooe of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) B&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the table below: i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including (Including death), and property damage. If Commercial General Liability insurance with operations, products a general aggregate limit is used, either the general aggregate limit must and completed apply separately to this projecdlocation or the general aggegate limit must operations, as be twice the required occurrence limit. a licable ii. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each em to ee iv. Professional Liability $1,000,000 each occurrence or Ertors & Omissions Liabili 4. Deductibles and Self-[nsured Retentions. Any deductibles orself-insured retentions must be declared to and approved by the City. At the option ofthe 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 Sub-recipient will provide a 2010-2011 CDBG Ageement Page 7 of 18 8-29 financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. 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: (a) Addilionallasureds City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe 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 [he form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primarylrrsurance. The Contractor's General Liability 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 Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. (c) Cancellation. The insurance policies required 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. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) ,4ctiveNegligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of Subrogation. Sub-recipient insurer will provide a Waiver of Subrogation in favor ofthe City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made foan: 2010-2011 CDBG Agreement Page 8 of 18 5-30 (a) Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. hnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Sub-recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Sub-recipient shall famish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies 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. 9. Subcontractors. Sub-recipient must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Oblieations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE II. CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Sub-recipient for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $ Sub-recipient 2010-2011 CDBG Agreement Page9of 18 8-31 shall not submit claims to the City nor shall City reimburse Sub-recipient for costs for which Sub-recipient is reimbursed from a source other than the funds allocated for work under this contract. Limitation. With regard to compensation stated in Article II, section A.1, above, Sub- recipientmay bereimbursed only to the extent and in the amounts that funds have been made available pursuant to applications for Federa] 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. Compensation Schedule. City shall pay Sub-recipient monthly progress payments upon certification and submittal by Sub-recipient 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 Sub-recipient 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. 4. Indirect Costs. If indirect costs are chazged, the Sub-recipient will develop an indirect cost allocation plan for determining the appropriate Sub-recipient's share of administrative costs and shall submit such plan to the City for approval. 5. Expenditure Standard. ht order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Sub-recipient agrees that it shall expedite implementation ofthe Project described herein expending all contracted funds within the term of the contract. ht the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Sub-recipient of the expenditure and implementation deficiency. Sub-recipient will have a total of 60 days from the date of the City's written notification to correct the defciency. If the deficiency is not corrected within that time, Sub-recipient agees that the City may reallocate the amount of the expenditure deftciency. ARTICLE III. ETHICS A. Financial Interests of Contractor Disclosure Required. Sub-recipient is required make the disclosures detailed in Attachment "C". Sub-recipient may also be designated as a "Consultant" for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." 2010-2011 CDBG Agreement Page 10 of ] 8 8-32 2. No Participation in Decision. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient shall not make, or participate in making or in any way attempt to use Sub-recipient's position to influence a governmental decision in which Sub- recipient knows or has reason to know Sub-recipient has a financial interest other than the compensation promised by this contract. Seazch to Determine Economic Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient warrants and represents that Sub-recipient has diligently conducted a search and inventory ofSub-recipient's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Sub-recipient does not, to the best of Sub-recipient's knowledge, have an economic interest which would conflict with Sub-recipient's duties under this contract. 4. Promise Not to Acquire Conflictine Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient further warrants and represents that Sub- recipient will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Dutv to Advise of Conflicting Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient further warrants and represents that Sub- recipient will immediately advise the City Attorney of City if Sub-recipient Teams of an economic interest of Sub-recipient's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. Specific Warranties Aeainst Economic Interests. Sub-recipient warrants, represents and agrees: (a) That neither Sub-recipient, nor's immediate family members, nor Sub-recipient's employees or agents ("Sub-recipient Associates")presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter ofAttachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter ofthe Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Sub-recipient or Sub-recipient's Associates in connection with Sub-recipient's performance of this contract. Sub-recipient promises to advise City of any such promise that may be made during the tear of this contract, or for twelve months thereafter. (c) That Sub-recipient Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. 2010-2011 CDBG Agreement Page 11 of 18 5-33 (d) That Sub-recipient may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Sub-recipient's responsibilities under this contract, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. General Requirement. City shall not be liable for, and Sub-recipient shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self-insured retentions, demands, liability,judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or aze in any way connected with the work covered by this contract arising either directly or indirectly from any act, error, omission or negligence of Sub-recipient 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, Sub-recipient 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. Additional Reuuirement. Sub-recipient 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 attomeys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials bySub-recipient during the course of any alteration or improvements ofthe Premises ofSub- recipient, 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 2010-2011 CDBG Agreement Page l2 of 18 8-34 the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination ofthe 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. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Sub-recipient obligation to defend, at Sub-recipient' 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. Sub-recipient 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. 4. Insurance Proceeds. Sub-recipient 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. 5. Declarations. Sub-recipient's obligations under Article IV shall not be limited by any prior or subsequent declaration by the Sub-recipient. 6. Enforcement Costs. Sub-recipient agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. 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 Califomia. ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty days' written notice of intent to terminate has been given to the other parry. However, no notice of termination given by Sub-recipient shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this pazagraph, Sub-recipient shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Progam or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. 2010-2011 CDBG Agreement Page 13 of 18 8-35 B. Automatic Termination. This contract shall terminate at the discretion of the City if the United States Goverrunent terminates the ESG Program or the Project. City shall provide written notice to Sub-recipient of the intent to terminate under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Sub- recipient shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and al] claims for damages or compensation arising under this Agreement except as set forth herein. C. Termination of Contract for Canse. Sub-recipient 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. IfSub-recipient fails to fulfil] in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, or if Sub-recipient violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or ifSub-recipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Sub-recipient of the effective date of termination. Even if City terminates the contract, Sub-recipient 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 Sub-recipient for the purpose of set-off until the exact amount of damages due to City from Sub-recipient is determined. Sub-recipient 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. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Sub-recipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Sub-recipient's project. All records of the Sub-recipient 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. B. Retention. The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the contract for a period of five (5) yeazs. 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 contract aze 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 ofthe actions and resolution of all issues, or the expiration of the five-yeaz period, whichever occurs later. 2010.2071 CDBG Agreement Page 14 of 18 8-36 C. Data. The Sub-recipient 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. D. Disclosure. The Sub-recipient understands that clientinformationcollectedunderthiscontractis private and the use or disclosure of such information, when not directly connected with the administration of the City's or Sub-recipient's responsibilities with respect to services provided under this contract, is prohibited by federal 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. E. Quarterly Reports/Annual Report. Sub-recipient 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 quartet Failure to submit quarterly reports in a timely manner will result in withholding ofCDBG funds until the report has been submitted. Quarterly Performance Reports are due October 15 (]s` Quarter), January 15 (2"d Quarter), April 15, (3`d Quarter) and July 15 (4~' Quarter). The Annual Performance Report will also be due July 15. ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Sub-recipient agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audi[ of Consultants. Sub-recipient agrees to perform financial and compliance audits the City may require. The Sub-recipient also agrees to obtain any other audits required by City. Sub- recipient agrees that Project closeout will not alter Sub-recipient's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Sub-recipient that City has closed the Project, and either forwazds the final payment or acknowledges that the Sub-recipient has remitted the proper refund. The Sub-recipient agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contractor any unmet requirements set forth in a written notification from City. ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee, shall administer this contract on behalf of the City. The shall administer this contract on behalf of the Sub-recipient. Within a reasonable time after the City makes a request, Sub-recipient 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. 2010-201 I CDBG Agreement Page 15 of 18 5-37 B. Term. The term of this contract shall start on the _day of and shall continue in effect until terminated as provided herein or until Sub-recipient has carried out all its obligations under the contract. Services oftheSub-recipient shall start on the _ day of and end on the_day of .With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub-recipient remains in control of CDBG funds or other CDBG assets, including progam income. C. Actions on Behalf of the City. Except as City may specify in writing, Sub-recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Sub-recipient 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. D. No Obligations to Third Parties. In connection with the Project, Sub-recipient 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 contract. Notwithstanding that the City may have concurced in or approved any solicitation, subcontract, or third parry contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, 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 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, Sub-recipient shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. F. Attorney's Fees. Should a dispute arising out of this contract 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. G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other parry that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract 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 contract, and performance hereunder, shall be the City of Chula Vista. 2010-2011 CDBG Ageement Page 16 of l8 8-38 I. Audit Costs. Sub-recipient shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Sub-recipient 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 Sub-recipient under this contract. J. 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. K. Acknowledgement of Funding. Sub-recipient 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 ofthe City's funding roles, for example, should be included in publicity materials related to the Project. in addition, Sub-recipient 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. L. 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. 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: City: Insert Non Profit City of Chula Vista Executive Director Redevelopment and Housing Manager Address 276 Fourth Avenue Ciry, CA 9191X Chula Vista, CA 91910 (Signature page to follow.) 2010-2011 CDBG Agreement Page 17 of 18 8-39 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City 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 (Insert Non-Profit Name) Name of ,Executive Director 2010-2011 CDBG Ageement Page 18 of 18 8-40 ATTACHMENT A "SCOPE OF WORK AND BUDGET" 2010-2011 The "Scope of Work and Budget' is to be determined as projects are awarded. 2010-2011 CDBG Agreement Attachment "A" -Scope of Work and Budget 5-41 ATTACHMENT "B" 2009 San Diego Income Limits & Self Certification Form Median Income: $74,900 Ezrcemely Lou Income ~"~. Low Iixon~e Law Income r.o,m 30% 35% 40% ~0% 60% 6S% 70% 80% sae ]urome Income Income Income Income Income Income Iurome o>vs 31',350 530250 523,150 ~?8.900 534.680 33?,600 340,450 546.250 rno 319,850 323.100 S?6.450 3;3.050 539.660 543.950 346.250 352.900 itII2EE 3Z'.300 526,000 329_."?50 33~a0 544.580 348.350 $$2.000 35q,500 eou-a 524.300 528.900 33±.050 341300 549.560 S53 700 357.800 366,100 I7t~. 326,800 531,'_00 S35 700 $43.600 553530 558.000 S62A00 371A00 six 524.?50 %33500 538.350 34?.900 S5?.430 562.300 $61,050 5%6.'00 sEeEx 5;0,150 5;5.850 S41.000 351.'<00 561.440 S66.G00 3'1.650 581.950 rs~xr 332750 338.150 543.650 554.500 365.400 S', 0.900 376300 381.250 2010-2011 CDBG Agreement Attachment "B" -Income Limits and Self Certification Form 8-42 ATTACHMENT B Self Certification Fomr - 2009 (effective 3/19/09) CITY OF CHULA VISTA CDBG Program Information on annual family income and race is required to detemrine eligibility for public services funded with federal Community Development Block Grant (CDBG) funds. Each participant must indicate the number of persons in their household, and then CHECK THE BOX that contains the amount of annual family income. INCOME is defined as the total annual dross income of all family and non-family members 18+ years old living within the household. All sources of income must be counted from all persons in the household based on anticipated income expected within the next 12 months. Please check your Income Range (using Part S) based on your Family Size (for example if there are 5 people in your household, go to HH of 5; if there are 8 or more in your household go to HH of HH of 1: ^ $0 - $17,350 ^ $17,351 - $28,900 ^ $28,901 - $46,250 ^ $46,251+ HH of 2: ^ $0 - $19,850 ^ $19,851 - $33,050 ^ $33,051 - $52,900 ^ $52,901+ HH of 3: ^ $0 - $22,300 ^ $22,301 - $37,150 ^ $37,151 - $59,500 ^ $59,500+ HH of 4: ^ $0 - $24,800 ^ $24,801- $41,300 ^ $41,301 - $66,100 ^ $66,101+ HH of 5: ^ $0 - $26,800 ^ $26,801 - $44,600 ^ $44,601 - $71,400 ^ $71,401+ HH of 6: ^ $0 - $28,750 ^ $28,751 - $47,900 ^ $47,901 - $76,700 ^ $76,701+ HH of 7: ^ $0 - $30,750 ^ $30,751- $51,200 ^ $51,201 - $81,950 ^ $81,951+ HH of 8: ^ $0 _ $32,750 ^ $32,751 - $54,500 ^ $54,501 - $87,250 ^ $87,251+ AMI Level ^30% ^3196-50% ^5196-8096 ^ over 8096 Please check your Ethnicity (pick 1 of 2): Please check your Race (pick 1 of 10 choices): ^ White ^ Asian & White ^ Native Hawaiian or Other Pacific Islander ^ Hispanic or ^Ndn-Hispanic ^ Black or African American ^ American Indian or Alaskan Native ^ Other ^ BIacWAfdcan American & White ^ American Indian/Alaskan Native & White ^ Asian ^ American Indian/Alaskan Native & Black Does your family have a FEMALE HEAD OF HOUSEHOLD? ^ Yes ^ No Program or Activity Dates o4 Participation APPLICANT STATEMENT: 1 hereby certify that the information on this form is accurate and complete. I understand that this self-certification may be subject to further verification by the agency providing services, the City of Chula Vista, the County of San Diego District Attorney, or the U.S. Department of Housing & Urban Development. I, therefore, authorize such verification, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the U. S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the U. S. Government. Participant or Beneficiary Name (Please Print) Signature (Parent or Guardian, if participant is under 18 years old) Date 2010-2011 CDBG Agreement Attachment "B" - Inwme Limits and Self Certification Form 5-43 ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions mustbe 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, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corooration/nartnershiol entiri. 3. If any person* identified in section 1 above is anon-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. 5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past l2 months? Yes^No^ describe the nature of the financial interest the official** may havein this contract. 6. Has any person* anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, projector application, made a campaign contribution of more than $250 within the past twelve (12) months to a current member of [he Chula Vista City Council? No^Yes^ 7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the Ciry of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money [o retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? 2010-201 I CDBG Agreement Attachment "C" -Disclosure Statement 8-44 8. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes^No^ the official** and the nature of the income Signature of Contractor/Applicant Print or type name of Contractor/Applicant * Person is defined as: any individual, fim~, co-parlnership,joint venture, association, social club, fraternal organizazion, 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 [o: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. 20]0-2011 CDBG Agreement Attachment "C" -Disclosure Statement 8-45 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FAMILY CENTERS OF SAN DIEGO CHULA VISTA FAMILY HEALTH CENTER FACILITY EXPANSION 2010-2011 This contract numbered is entered into by and between Family Health Centers of San Diego ("Contractor") and the City of Chula Vista ("City") on ("Effective Date") for the purpose of having Sub-recipient implement and perform work on the Organization-Project 2010- 2011 as set forth herein and in the incorporated documents and attachments. RECITALS 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; WHEREAS, the American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law on February 17th, 2009. The Recovery Act appropriated $1 billion in Community Development Block Grant (CDBG) funding to states and local governments to carry out, on an expedited basis, eligible activities under the CDBG program. This grant program under the Recovery Act is referred to as the CDBG Recovery (CDBG-R) progam; WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant Recovery Act funds; WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grantll TOME Investment Partnership/Emergency Shelter Grant Substantial Amendment to the 2008- 2009 Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); WHEREAS, HUD has approved the City's Substantial Amendment to the 2008-2009 Annual Funding Plan for Community Development Block Grant Recovery Act funds; WHEREAS, it is the desire of the Contractor and the City that the Project be implemented by the Contractor; WHEREAS, the Contractor shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Substantial Amendment for participation in the CDBG-R Program; WHEREAS, the Catalog of Federal Domestic Assistance number for CDBG-R funding is 14.253 and shall be communicated to all Contractors and included in all contracts and subcontracts related to the CDBG-R funds; and 2010-2011 CDBG Contract Page 1 of 19 8-46 WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this contract. NOW, THEREFORE, BE [T RESOLVED that the City and Contractor do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. ARTICLE I. CONTRACTOR OBLIGATIONS A. General. Work to be Performed. Contractor 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. Contractor 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 Contractor 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 § 5301, et seg.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et req.); 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 ofthe Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seg.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 1701u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): 2010-2011 CDBG Contract Page 2 of 19 8-47 i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Contractor agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient'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 Contractor 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 subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any sub-contractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. v. The 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 the Contractor's obligations under 24 CFR part 135. 2010-201 I CDBG Contract Page 3 of 19 8-48 vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC § 4601, etseg., 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 Circulaz A- 110entitled "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 Contractor to return any program income earned by Contractor in carrying out the activities of this contract to the City. Upon expiration of this contract, Contractor 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 Contractor control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years afterexpiration ofthe 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 toexpenditures ofnon-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. 2010-2011 CDBG Contract Page 4 of 19 5-49 Progam income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Progam 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, elseg); n. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, er seq, and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal progams and HUD 24 CFR Part 8; p. The Clean Air Act (42 U.S.C. § 7401, el seg.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, el seg.) 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 Contractor, or its designee or agents, no member of the governing body of the locality in which the progam is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Progam 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 Progam 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 Contractor certifies, that in accordance with Section 319 ofPublic Law 101-121, to the best of his or her knowledge and belief that: 2010-2011 CDBG Contract Page 5 of 19 8-50 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 ofa 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 U.S.C. § 4151, et seq.); v. The Americans with Disabilities Act (42 U.S.C. § 12101); 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 U.S.C. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference; x . Prior to awazd of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation ofsuch eligibility shall be maintained in the projectfiles; y. All grantees, sub-recipients and contractors desiring to participate in the CDBG-R program must obtain a Data Universal Numbering System (DUNS) number. A DUNS number may be requested via the web at: http://www.gants.gov/applicants/request duns number.jsp. Title XV, Section 1512 of the Recovery Act states that funding recipients that aze required to report information per subsection (c)(4) of the Recovery Act (detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 allowing aggregate reporting on awards below $25,000 or to individuals) must register with the Central Contractor Registration (CCR) database. z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); 2010-2011 CDBG Contract Page 6 of 19 5-51 aa. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and bb. Contractor shall hold City harmless and indemnify City against any harm that iY may suffer with respect to HUD on account of any failure on the part of the Sub-recipient to comply with the requirements of any such obligation. B. 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. Contractor shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this contract. C. Insurance. Contractor agees to comply with the insurance requirements as set forth below: 1. General. Contractor must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect 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 of work. 2. Minimum Scone of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) 6YC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) E&O Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the table below: 2010-2011 CDBG Contract Page 7 of 19 8-52 i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including (Including death), and property damage. If Commercial General Liability insurance with operations, products a general aggregate limit is used, either the general aggregate limit must and completed apply sepazately to this project/location or the general aggregate limit must operations, as be twice the required occurrence limit. a livable) ii. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000.000 disease-each em to •ee iv. Professional Liability $1,000,000 each occuaence or Errors & Omissions Liability: 4. 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 Sub-recipient will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies aze to contain, or be endorsed to contain, the following provisions: (a) Addltiorrallnruredr. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe Contractor, where applicable, and, with respect to liability arising out ofwork or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primarylnrurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance orself-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. 2010-2011 CDBG Connact Page S of 19 8-53 (c) Cancellation. The insurance policies required 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. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) AcliveNegligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of ~S'ubrogation. Contractor insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made farm: (a) RelroDate. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date' prior to the contract effective date, the Sub-recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLP') 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. 8. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be 2010-2011 CDBG Contract Page 9 of 19 8-54 received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies ofall required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish sepazate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obli¢ations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE IL CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Contractor for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $120,000. 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. 2. Limitation. V/ith regard to compensation stated in Article II, section A.l, above, Contractor may be reimbursed 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 ofthose provided by the Federal government under such applications may be the source of reimbursement under this contract. 3. 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. 4. Indirect Costs. If indirect costs are charged, the Contractor will develop an indirect cost allocation plan for determining the appropriate Contractor share of administrative costs and shall submit such plan to the City for approval. 5. ~enditure Standard. To insure effective administration and performance of approved Community Development Block Grant projects and to meet HUD performance standards, Contractor 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 Contractor of the expenditure deficiency. Contractor will have a total of 60 days from the date of the City's written 2010-2011 CDBG Contract Page 10 of 19 8-55 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. Contractor shall give priority to CDBG-R projects that can award contracts based on bids within 60 calendar days from the date the funds are made available to the Contractor. In accordance with the Recovery Act, HUD has imposed a grant period and expenditure deadline of September 30, 2012, to ensure that the use of CDBG-R funds is expedited. 6. Prohibited CDBG-R Expenditures. Certain specified activities and/or projects may not be funded with CDBG-R funds pursuant to the Recovery Act and this includes swimming pools, golf courses, zoos, aquariums, and casinos or other gambling establishments. Other activities generally prohibited under regulations governing the regular CDBG program are also prohibited under CDBG-R. This includes prohibitions on the construction of buildings for the general conduct of government, political activities, purchase of equipment, and operating and maintenance expenses. Other CDBG restrictions may also apply including bans on assistance to professional sports teams, recreational facilities that serve a predominantly higher income clientele, and general promotional activities for the grantee. Buv American. In accordance with Section 1605 ofthe Recovery Act, City and its Contractor or subcontractors shall certify that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG-R funds under the Recovery Act must be produced in the United States. City shall monitor and certify that its sub-recipient's and/or subcontractor's invoices and purchase orders include the appropriate certificates of conformity for U.S. made iron, steel and manufactured goods. If the City or its Contractor or subcontractors cannot make the certification referenced above, it should produce evidence that HUD has waived the requirement or made a determination of inapplicability as allowed for under 2 CFR 176.170. ARTICLE III. ETHICS A. Financial Interests of Contractor Disclosure Required. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Consultant" for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Sub-recipient knows or has reason to know contractor has a financial interest other than the compensation promised by this contract. 2010-201 I CDBG Contract Page 11 of 19 8-56 Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this contract. 4. Promise Not to Acquire Conflictine Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duri to Advise of Conflictine Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. Specific Warranties Aeainst Economic Interests. Contractor warrants, represents and agrees: (a) That neither Contractor, nor 's immediate family members, nor Contractor's employees or agents ("Contractors Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor's Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Contractor's Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months afrer the expiration of this contract, except with the written permission of City. (d) That Contractor may not conduct or solicit any business for any parry to this contract, or for any third party that may be in conflict with Contractor's responsibilities under this contract, except with the written permission of City. 2010-2011 CDBG Contract Page 12 of 19 8-57 ARTICLE N. INDEMNIFICATION A. Defense, Indemnity, and Hotd Harmless. 1. General Requirement. City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self- insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2. Additional Requirement. 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 attomeys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge ofhazardous 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 ofthe Boss 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) Hazazdous materials present on or under the Property as a result of any dischazge, 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. 2010-2011 CDBG Contract Page 13 of 19 8-58 The foregoing environmental indemnities shall survive the expiration or termination ofthe 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. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Contractor's obligation to defend, at Contractor' s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings ofevery kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Contractor shall pay and satisfy anyjudgment, 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. 4. Insurance Proceeds. Contractor'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. 5. Declarations. Contractor obligations under Article IV shall not be limited by any prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. 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. ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty 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. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receivejust and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. 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 under such grounds. hi that event, all 2010-2011 CDBG Contract Page 14 of 19 8-59 finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this pazagraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. C. Termination of Contract for Cause. Contractor and City recognize that the City is the governmental entity that executed the grant agreement, received pursuant to the City's application, and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, including any and all incorporations by reference and attachments hereto, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation ofthe Project, or ifContractor violates any provisions ofthis contract, City shall have the right to terminate this contract by giving at least five days wrinen notice to Contractor of the effective date of termination. Even if City terminates the contract, 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 ofset-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. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Contractor's project. All records of the Contractor 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. B. Retention. The Contractor shall retain all ftnancial records, supporting documents, statistical records, and all other records pertinent to the contract for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual perfonmance and evaluation report to HUD in which the activities assisted under the contract 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. C. Data. The Contractor 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. 2010-2011 CDBG Contract Page IS of 19 a-60 D. Disclosure. The Contractor 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 Contractor's responsibilities with respect to services provided under this contract, is prohibited by federal 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. E. Quarterly Reports/Annual Report. Contractor shall provide the City with a quarterly report, submitted no later than 7 days after the last day of the previous calendar quarter, in order to meet HUD's deadline for CDBG-R quarterly reports. HUD's due date forCDBG-R quarterly reports is ] 0 days after the end of each calendaz quarter. In addition, HUD states that no later than 30 calendar days after the end of each calendar quarter, each agency that made Recovery Act funds available to any recipient shall make the information in reports submitted publicly available by posting the information on a website. HUD specifies that information must be submitted using HUD's IDIS system. As required by HUD, the CDBG-R quarterly report includes, but is not limited to, (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including the name of the projector activity; a description ofthe project or activity; an evaluation of the completion status of the project or activity; an estimate ofthe number ofjobs created and the number ofjobs retained by the project or activity; and for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under the Recovery Act and name of the person to contact at the agency if there are concerns with the infrastructure investment. As declared by HUD, failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. Additional penalties by HUD and the County may be imposed, as deemed appropriate. F. Due Dates. l .Quarterly Report due dates are: on or before: July 7, October 7, January 7, and April 7 2. Annual Reports aze due: July 15th and shall also be provided to be included in the City's Consolidated Annual Performance and Evaluation Report. ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. V/ithin ninety (90) calendar days following Project completion or termination by City, Contractor agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Contractor agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has 2010-2011 CDBG Contract Page 16 of I9 8-61 remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contract or any unmet requirements set forth in a written notification from City. ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee, shall administer this contract on behalf of the City. The Chief Executive Officer of Family Health Centers of San Diego 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. B. Term. The term of this contract shall start on the 1~` day of July, 2010 and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 151 day oFJuly, 2010 and end on the 30"' day of June of 2011. With City approval, the term of this contract and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets, including program income. C. Actions on Behalf of the City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor 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 contract. D. No Obligations to Third Parties. In connection with the Project, Contractor 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 contract. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrafive Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, 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 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, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this contract. F. Attorney's Fees. Should a dispute arising out of this contract 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. 2010-2011 CDBG Contract Page 17 of 19 $-62 G. Capacity of Parties. Each signatory and party hereto hereby watrams and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract shall be brought only in the federal or state courts located in San Diego County, State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this contract, and performance hereunder, shall be the City of Chula Vista. I. Audit Costs. Contractor shall reimburse City for al] 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. J. Precedence. This contract constitutes the entire ageement 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. K. Acknowledgement of Funding. Contractor 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 aze 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, Contractor 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. L. 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. 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: City: Family Health Centers of San Diego City of Chula Vista Chief Executive Officer Redevelopment and Housing Manager 823 Gateway Center Way 276 Fourth Avenue San Diego, CA 92102-4541 Chula Vista, CA 91910 (Signature page to follow.) 2010-201 I CDBG Contract Page 18 of 19 5-63 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City 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 Family Health Centers of San Diego Fran Butler-Cohen, Chief Executive Officer 2010-2011 CDBG Contract Page 19 of 19 8-64 ATTACHMENT A "SCOPE OF WORK AND BUDGET" 2010-2011 Family Health Centers of San Dieeo (Contrator) has a certain project to be implemented with Community Development Block Grant (CDBG-R) Program funds. The work to be accomplished includes the following: 1. Improvements. Contractor shall complete needed facility improvements at the Chula Vista Family Health Center at 251 Landis Avenue Chula Vista, CA 91910. hmprovements include: a. Converting an unused portion of the clinic into offices for health care providers to free up space adding additional patient examination rooms. b. Converting three existing offices into full service exam rooms by adding sinks and cabinets. c. hnprovement to the corridor and office space improvements, as needed. CDBG Funding shall only be for the facility improvements. CDBG funding will not be used to purchase equipment or furniture. Any remaining funds may be used to install an automatic door opener at this site. 2. Prevailing Wage Projects. Contractor will competitively bid the project and submit a copy of the bid package and specifications for City review and approval. The project shall be advertised to solicit the most responsive and responsible bidder. Contractor shall notify potential bidders that this is a federally funded CDBG-R American Recovery and Reinvestment Act of2009 (Recovery Act) project that includes local, Federal, and State requirements, including obtaining the necessary City of Chula Vista building permits and business license. The applicable Davis-Bacon decision rate shall be included in the bid package. a. Davis Bacon and Related Acts Reurrements: ^ Contractor shall implement the construction project in accordance with Davis Bacon prevailing wage requirements for federally assisted consttuction projects, as set forth in Exhibit A ("Making Davis Bacon") to this contract and in accordance with HUD Handbook 1344.1 Federal Labor Standards Compliance in Housing and Community as well as Sections "K" and "L" of this contract. Contractor shat l also include the Section 3 of the Housing and Urban Development Act of 1968 clauses and HUD-4010 in bid and contract documents. ^ Contractor agrees to review and maintain weekly certified payroll reports, in conformance with prevailing wage requirements for Federally assisted construction projects. Family Health Centers of San Diego's selected Contractor may use the Department of Labor's WH-347 payroll form or any other type of payroll form that contains all the information required on the WH-347 form. ^ Contractor will conduct compliance reviews of the project by conducting employee interviews documented on HUD-11 Form as required by Davis Bacon and Related Acts. 3. Estimated Time Schedule. Contractor will make all good faith and reasonable efforts to implement the 2010-201 I CDBG Contract Attachment "A" -Scope of Work and Budget 5-65 project in compliance with the following estimated implementation schedule, or earlier: a. Project Completion: October 31, 2010 4. Budget. Contractor shall 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, nor shall City reimburse Sub- recipient, more than $120,000 for work performed under this contract. The Estimated Budget shall be apportioned and expended in accordance with the table below: 5. Additional Reporting Requirements. Contractor shall submit to City in a timely manner other reports as requested/required by HUD and/or the City for CDBG-R including, but not limited to the ARRA CDBG-R quarterly reports, Contractor /Sub-contractor: Semi-Annual Labor Standards Enforcement Reports, Annual Minority Business Enterprise Activity Reports, Section 3 Reports and provide, as requested by HUD and/or the City, information necessary to prepare such reports. Contractor shall document al I 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 30`") for five (5) years, and shall be submitted to the City Housing Division upon receipt of a written request and at the time of any monitoring of project records. (Attachment B is a sample form to assist the Contactor in meeting this reporting requirement.) 6. CDBG-R Closeout Requirements. Final Payment City pays Contractor monthly progress payments upon submittal by Contractor 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 the 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. 7. Monitoring. Contractor records and the project site shall be monitored for compliance with the project scope of work and all federal program requirements. Monitoring finding and/or close-out letters will be provided to Contractor. City Housing Division Manager will issue timely management decisions for any audit and monitoring findings to inform Contractor whether the corrective action planned, if applicable, is acceptable. City Housing Staff maintains a tracking system to ensure that timely corrective action is taken. 2010-201 I CDBG Contract Attachment "A" -Scope of Work and Budget 8-66 ATTACHMENT "B" 2009 San Diego Income Limits & Self Certification Form Median Income: $74,900 E~nemely LON" IIKOIIIL ~'~.~ J_,OL\ I-COIILC I.OR tllCOllle r.ma" 30% 35% 40% 0%. 60% 6~% 70% 80% sae I°rome Income Income Income IDcome Income income Iuaome orrE 517.350 S?0.250 523,150 $28.900 534,680 537,600 $40,450 546250 m'o 519.310 523.100 &'_6.450 $±3.050 S39.G60 &4'_,950 546210 552800 rtrng 522.300 526,000 529.750 $;7,110 $44.130 548350 513.000 559.500 eoc-x b24.300 323.900 533950 $41.300 549.560 55^, 700 $52800 566.100 FnE 'S26.800 531 ?00 S35,700 $44,600 513 520 558.000 562A00 571.400 stx 528.750 533500 538350 $37.900 557,480 56'_,300 $67.050 5%6.700 SEb7T 530,710 535.810 541.000 $11'00 561.430 566.600 &'1.650 581.950 EICHt 532.710 538.150 343,650 $54500 $65.400 $;0900 $76500 887'10 20]0-2011 CDBG Contract Attachment "B" -Income Limits and Self Certification Form a-s~ ATTACHMENT B SeU Certification Form - 2009 (effective 3/19/09) C1TY OF CHULA VISTA CDBG Program Information on annual family income and race is required to determine eligibility for public services funded with federal Community Development Block Grant (CDBG) funds. Each participant must indicate the number of persons in their household, and then CHECK THE BOX that contains the amount of annual family income. INCOME is defined as the total annual cross income of all family and non-family members 18+ years old living within the household. All sources of income must be counted from all persons in the household based on anticipated income expected within the next 12 months. Please check your Income Range (using Part 5) based on your Family Size (for example if there are 5 people in your household, go to HH of 5; if there are 8 or more in your household go to HH of HH of 1: ^ $0 - $17,350 ^ $17,351 - $28,900 ^ $28,901 - $46,250 ^ $46,251+ HH of 2: ^ $0 - $19,850 ^ $19,851 - $33,050 ^ $33,051 - $52,900 ^ $52,901+ HH of 3: ^ $0 _ $22 300 ^ $22,301 - $37,150 ^ $37,151 - $59,500 ^ $59,500+ HH of 4: ^ $0 - $24,800 ^ $24,801 - $41,300 ^ $41,301 - $66,100 ^ $66,101+ HH of 5: ^ $0 - $26,800 ^ $26,801 - $44,600 ^ $44,601 - $71,400 ^ $71,401+ HH of 6: ^ $0 - $28,750 ^ $28,751 - $47,900 ^ $47,901 - $76,700 ^ $76,701+ HH of 7: ^ $0 - $30,750 ^ $30,751 - $51,200 ^ $51,201 - $81,950 ^ $81,951+ HH of 8: ^ $0 - $32,750 ^ $32,751 - $54,500 ^ $54,501 - $87,250 ^ $87,251+ AMI Level ^3096 ^3196-5096 ^5196-8096 ^ over 8096 Please check your Ethnicity (pick 1 of 2): Please check your Race (pick 1 of 10 choices): ^ White ^ Asian & White ^ Nadve Hawaiian or Other Pacific Islander ^ Hispanic or ^Non-Hispanic ^ Black or African American ^ American Indian or Alaskan Native ^ Other ^ BIacWAfrican American & White ^ American Indian/Alaskan Native & White ^ Asian ^ American Indian/Alaskan Native & Black Does your family have a FEMALE HEAD OF HOUSEHOLD? ^ Yes ^ No Program or Activity Dates of Participation APPLICAM STATEMENT: I hereby certify that the information on this form is accurate and complete. I understand that this self-certification may be subject to further verification by the agency providing services, the City of Chula Vista, the County of San Diego District Attorney, or the U. S. Department of Housing & Urban Development. I, therefore, authorize such verification, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the U. S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the U.S. Government. Participant or Beneficiary Name (Please Print) Signature (Parent or Guardian, if participant is under 18 years old) Date 2010-2011 CDBG Contract Attachment "B" -Income Limits and SeICCertification Form 8-68 ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy 101-O1, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions mustbe 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, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section I above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in [he business (comoration/oartnershinl entity. 3. If any person* identified in section 1 above is anon-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trus[or of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized [o represent you before the City in this matter. 5. Has any person* idemified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes^No^ describe the nature of the financial interest the official** may have in this contract. 6. Has any person* anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, projector application, made a campaign contribution of more than $250 within the past twelve Q2) months to a current member of [he Chula V ista City Council? No^Yes^ which Council 7. Has any person* identified in I, 2, 3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in [he past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? 2010-2011 CDBG Contract Attachment "C' -Disclosure Statement 8-69 8. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (l2) months? Yes^No^ ** and [he nature of the Signature of Contractor/Applicant Print or type name of Contractor/Applicant * Person is defined as: any individual, fimt, co-partnership,joint venture, association, social club, fraternal organization, corporation, estate, tms[, receiver, syndicate, any other wunty, city, municipality, district, or other political subdivision, or any other group or wmbination acting as a unit. ** Official includes, but is not limited ro: Mayor, Council member, Planning Commissioner, Member of a board, wmmission, or committee of the City, and City employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. 2010-2011 CDBG Contract Attachment "C" -Disclosure Statement 8-~0 ATTACHMENT6 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT TRANSITIONAL HOUSING PROGRAM 2010-2011 This Contract numbered is entered into by and between South Bay Community Services ("Contractor") and the City of Chula Vista ("City") on July 1, 2010. RECITALS WHEREAS, there has been enacted the Emergency Shelter Grants ("ESG")Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the "Act", 42 U.S.C. 11361, et.reg). 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; WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of essential ESG activities; 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; WHEREAS, Chula Vista City Council approved the Project on May 4, 2010 and HUD has approved the City's AFP for the ESG funds; and WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they aze and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE [T RESOLVED that the City and Contractor do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. ARTICLE I. CONTRACTOR OBLIGATIONS A. General. 1. Work to be Performed. Contractor shall implement the Project described in Attachment "A"hereof (the "Scope of Work") fully in accordance with the term of the AFP approved by the City and submitted to HUD in its application for funds to carry out the Project and the certifications which were submitted concurrently with the AFP ("Certifcations"). The AFP and Certifications form is hereby incorporated by 201 8-~~ reference into this contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP and Certifications. Contractor's obligations include, but are not limited to, compliance with the current and most up-to-date version of each of the following: (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, etsegJ 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) Tide 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 seg.); § 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) Section 3 of the Housing and Community Development Act of 1974, which includes: (1) The work to be performed under this contract is subj ect to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (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 2010-2011 ESG Contract Page2of15 8-72 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 (I) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CER 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) ofthe Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and [ndian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b); (f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 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 U.S.C. 11375; (i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; (j) The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; (k) The Labor Standards Regulations set forth in 24 CFR 570.603; (1) The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, elseq.); (m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); 2010-201 I ESG Contract Page 3 of IS 8-73 (n) The Flood Disaster Protection Act of 1974 (42 USC § 4106 and the implementing regulations in 44 CFR parts 59 through 79; (o) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8; (p) The Clean Air Act (42 U.S.C. § 7401, et req.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, etseq.) and the regulations adopted pursuant thereto (40 CFR, Part 6); (q) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (r) 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 yeaz 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; (s) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (t) The American's with Disabilities Act (42 U.S.C. sec. 4151. et .reg.); (u) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); (v) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal progams by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and 2010-201 I ESG Contract Page 4 of 15 8-74 (w) Contractor 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 Contractor to comply with the requirements of any such obligation. B. 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. Contractor shall require sub- contractors to similazly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. C. Insurance. Contractor agrees to comply with the insurance requirements as set forth below: 1. General. Contractor must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect 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 of work. 2. Minimum Scone of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) ~&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including death), (Including operations, and property damage. If Commercial General Liability insurance with a general products and aggregate limit is used, either the general aggregate limit must apply sepazately completed operations, to this projecUlocation or the general aggregate limit must be twice the required as applicable) occurrence limit. . Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. i. Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each em lovee . Professional Liability $1,000,000 each ocwrrence or Errors & Omissions Liabili 2010-201 I ESG Contract Page 5 of 15 8-75 4. 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 orself-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. 5. 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: (a) Additicnallnsureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf ofthe Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The genera] liability additional insured coverage must be provided in the forth of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not excludeProducts/Completed Operations coverage. (b) Prlmarylnsurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (c) Cancellation. The insurance policies required 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. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) WaiverojSubrogation. Contractor insurer will provide a W aiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 2010-2011 ESG Contract Page 6 of I S 5-76 6. Claims Forms. [f General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (a) XetroDate. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copees. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State ofCalifornia List ofEligible 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 speciftcally rated. 8. Verification of Coveraee. Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies 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. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obli atg ions. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE [I. CTTY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Contractor for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $XX X .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. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Contractor maybe 2010-2017 ESG Contract Page 7 of I S a-~~ reimbursed 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. 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% ofthe total agreed compensation will be paid during the performance ofthis 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. 4. Expenditure Standard. In order to insure effective administration and performance ofapproved 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. Lr 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 wil I 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. ARTICLE III. ETHICS A. Financial Interests of Contractor Disclosure Required. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Consultant" for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this contract. 3. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this contract. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a 2010-2011 ESG Contract Page 8 of 15 $-78 conflict of interest as prohibited by the Fair Political Practices Act. 5. Duri to Advise of Conflictine Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Aeainst Economic Interests. Contractor warrants, represents and agrees: (a) That neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates")presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SE[, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Contractor Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. (d) That Contractor may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Contractor's responsibilities under this contract, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. General Reouirement. 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, chazges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2010-2011 ESG Connact Page 9 of I S 8-79 2. Additional Requirement. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the sail, 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. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Contractor obligation to defend, at Contractor' 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. Contractor 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. 4. Insurance Proceeds. Contractor'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. 5. Declarations. Contractor's obligations under Article N shall not be limited by any prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing [he indemnity and defense provisions set forth in Article IV. 7. Survival The foregoing indemnities shall survive the expiration or termination ofthe 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. 2010-2011 ESG Contract Page 10 of 15 8-80 ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty 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 If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. 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 under such grounds. th that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. C. Termination of Contract for Cause. Contractor and City rewgnize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions of this contract, City shall have the right to terminate this contract by giving at ]east five days written notice to Contractor of the effective date of termination. Even if City terminates the contract, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions ofthis contract, and City may withhold any reimbursement payments from Contractor for the purpose ofset-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. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze and audit 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 five (5) years after the end of the grant term. This provision also applies to subcontractors and Contractor will require subcontractors to comply with this provision. 2010-2011 ESG Contract Page 1 l of 15 a-ai B. Disclosure. The Contractor 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 Contractor's responsibilities with respect to services provided under this contract, is prohibited by federal 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. C. 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). D. Due Dates. 1. Quarterly Report due dates are: October ] 6, January 15, April 16, and July 15. 2. Year-End Report due date is July 15, 2011. ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety(90)calendardaysfollowingProjectcompletionortermination by City, Contractor agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Contractor agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. TheCityManagerordesigneeshalladministerthiscontractonbehalfofthe City. The Executive Director of South Bay Community Services shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this contract. B. 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. 2010-2011 ESG Contract Page 12 of I S 8-82 Services of the Contractor shall start on the 1s` day of July 2010 and end on the 30th day of June 201 I. With City approval, the term of this contract and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of ESG funds. C. Actions on Behalf of the City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor 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. D. No Obligations to Third Parties. [n connection with the Project, Contractor 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, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought azising out of this contract, 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 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 Ciry in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. F. Attorney's Fees. Should a dispute arising out of this contract 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. G. 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 contract, and that al] resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract 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 contract, and performance hereunder, shall be the City of Chula Vista. I. 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. J. 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. 2010-2011 ESG Contract Page 13 of IS 8-83 K. 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 Address City, CA 9191 X City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 (Signature page To follow.) 2010-2011 ESG Contract Page 14 of 15 8-84 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City 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 Services Executive Director 2010-2011 ESG Contract Page IS of IS 8-85 ATTACHMENT A "SCOPE OF WORK" TRANSITIONAL HOUSING PROGRAM 2010-2011 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 ofwhom are victims ofdomestic violence. In addition to housing, families, together with SBCS staff, will develop a treatment plan so that the client can work to re-establish self-sufficiency and end their homelessness. A. Emer~cv Shelter Grant eligible activities: 1. Essential Services (42 U.S.C. 11374 and 24 CFR Part 576 31: Contractor staff will provide case management, childcare, and transportation tokens to residents in order to re-establish self- sufficiency. 2. Operations (42 U.S.C. 11374(a) and 24 CFR Part 576.21 (al(3): Includes funding for staff salaries and other operating costs for B. Scone of Services: ^ Contractor will operate a Vansitional housing facility located at (City of Chula Vista) in compliance with the Policies and Procedures Manual for Fiscal Year 2010-2011. ^ Contractor will provide mental health counseling, trauma related services, and assistance in finding housing and substance abuse services. ^ Contractor will provide childcare for clients participating in classes, job searches, and other program activities. Contractor will provide bus tokens so clients can attend classes ^ Contractor will provide safe and stable housing for homeless clients, most of whom are domestic violence victims, and their children. ^ Contractor will provide for basic needs (food, shelter, clothing, and other needed items) for clients fleeing a domestic violence situation and other homeless clients. C. Obiectives: Contractor shall meet the following objectives: 1. 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. 2. Objective 2: By June 30, 2011, 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. D. Performance Measurement: The short term transitional housing facility will serve extremely low- income homeless individuals and families that meet HUD's definition of homelessness. E. Outcome Evaluation 2010-201 I ESG Contract Attachment "A" -Scope of Work and Budget 5-86 ^ Outcome l : 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. F. Documentation of Homelessness: Contractor shall maintain adequate documentation ofhomelessness status to determine the eligibility of persons served by HUD's homeless assistance programs. The documentation information shall be obtained from the participant or a third party at the time of the referral, entry, intake, or orientation to the ESG-funded project. A copy of the documentation shall be maintained in the client file. A person is considered homeless only when he/she resides in one of the places described below: ^ In places not meant for human habilitation, such as cars, parks, sidewalks, abandoned buildings, on the street; ^ In an emergency shelter; ^ In transitional or supportive housing for homeless person who originally came from the streets or emergency shelters; ^ 1n 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 dischazged 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 ^ [s 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. G. 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 Article II, section A, (Gifu Oblieations- Compensationl of this contract. 2010-201 I ESG Contract Attachment "A" - Scope of work and Budget 8-87 Activity Essential Services Costs 24 CFR 5763 Total Essential Services Activity Onerafional Costs (24 CFR 576.21(al(3L• TOTALESG $0 H. CONFIDENTIALITY Contractor agrees to maintain confidentiality ofanyinformation 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. 2010-2011 ESG Contract Attactvnent "A" -Scope of Work and Budget a-a$ ATTACHMENT "B" 2009 San Diego Income Limits Median Income: $74,900 Exnenxly Loa' Income ~'uy Low Incomx Lon' Income e>mo. 30% 3i% AO% 50°,'o ti0% 65% 70% 80% sm L~come IDcome Income [ncomr Income Inenme Llcmne Income oxE $L?.350 sea Aso x33,156 52syoo ss4sso s;,boo $4o,a16 5a6 250 7}vo 512550 5'_3.100 S2C>.450 $33.050 539,660 $4'_.950 546,250 51?.900 it~taEE 523.300 526.000 S'_9,". 50 $3'.150 $14.530 545,350 $5?.000 559500 EoUR 824,806 528900 533.050 541300 949.560 553.'00 $57.800 566,]00 Fi~-E 526.300 531,200 S31700 $41,600 853.520 $55.000 %62.400 %71.400 svc S28,750 533.500 538350 $47900 551.1€0 562.300 $67.050 $;6_'00 SE~F.d 530,750 935,810 $41.600 $51200 561.x[0 566,600 5?1.650 551910 EIGAr 532.150 538.150 $43.650 $51.500 565,400 570.966 5?6300 55?250 2010-2011 ESG Contract Attachment "B" -income Limits 5-89 Sample Documentation of Homelessness Pamcipant Name: Retests) Source: Phone: Current Living Situation (Check one): vin Situation ocumentation Re u'ved esiding in a place not meant for human Agency staff/outreach workers should prepare written information obtained hom an identified third habitation such as a cars, parks, sidewalks, party regarding the participant's recent whereabouts- Statement must be signed and dated. abandoned buildin s, on the sheet esiding in an emergency shelter. dtten verification (signed and dated and on agency letterhead) from emergency shelter s[aH that the individual is residin in the shelter. esi ing in hansitional or supportive housing or ritten vert cation (signs an ate an on agency letter ea I hom [he tmnsitlona housing homeless persons who ongina0y came from [he facility staff: streets or an emergency shelter. ^ Indicating the individual is a resident there; and C The individual's was either residing in places not meant for human habitation or an emer enc shelter when he/she entered [he fadli In any of the above places but k spending a short ~ Wtitten 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 instltuton for /ess than 30 other institution days, and ^ Information on the previous living situation. Prefembly, this wJl be the institution's written, signed, and dated verification on [he individual's homeless s1aNS when he/she entered [he institution. ^ H the institution's staff did not verify the individual's homeless status upon envy into the insttutloq ou will need to veil that status ourself, acmrdin to the instructions above. being evicted within a week from a private Agency staff/outreach workers should obtain a copy of eviction forms an wdtten venficatlon dweltlng unit and no subsequent residence has that the person lacks resources and support networks. Statement must be signed and dated. been identified and the person lacks the resources and support networks needed to obtain housing or they housing has been condemned by housing officials and is no longer considered meant for human habitaton k ing discharged within a week 6om an C Written vedficatlon (signed, dated and on agency letterhead) hom the discharging institution in which the person has been residing insHtutlon's staff that the participant has been residing in the institution foNess than 30 for more than 30 consecutive days and no days and subsequent residence has been identified and the person lacks the resources and support needed to C Information on the previous living situation. Preferably, th¢ w01 be the insttutons wntteq ' obtain housing. signed, and dated verification on the individual s homeless status when he/she entered the institution. ^ If the institution's staff did not verify the individual's homeless status upon entry into [he institution, you wAl need to verify that status yourself, according to Ne instuctlons above ^ Vert the lack o! resources eeing a omestrc violence housing situatlon Agency staff/outreach workers should prepare written information obtains from the participant and no subsequent residence has been identified stafing 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 including support networks ^ Obtain co ies 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 2010-2011 ESG Contract Attachment `B" -income Limits 8-90 ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy 101-O1, prior to any action on a matter that requires discretionary action by the Ciry Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions 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, projector contract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business tcorooration/oartnershinl entity. 3. If any person* identified in section 1 above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom 5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the Ciry of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes^No^ If yes. briefly describe the nature of the financial interest the official** may have. in 6. Has any person* anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, projector application, made a campaign contribution ofmore than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No^Yes^ 7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with [his contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in [he past twelve (12) months? (This includes any payment that confers a personal benefit on [he recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? 2010-2011 ESG Contract Attachment °C" -Disclosure Statement 8-9~ 8. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes^No^ If Signature of Contractor/Applicant Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, frazemal organizazion, corporation, estate, tmst, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the Ciry, and City employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to Ciry staff for processing, and updated within one week prior to consideration by the legislative body. 2010-2011 ESG Contract Attachment "C" -Disclosure Statement 8-92 ATTACHMENT? a v.~.~~o ` idhl U.S. Department of Mousing and Urban Development Office of Community Planning and Development Los Angeles Field Office, Region IX 611 West 6'" Street, Suite 1000 Los Angeles, California 900173101 AUG 1::12009 James D. Sandoval, City Manager ~,; . a~~9 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Sandoval: SUBJECT: 2009 HUD Consolidated Plan Programs Funding ApprovalslAa eements Enclosed are the Action Plan grant agreements for program year 2009. These grant agreements constitute the award of Grant funds between the U.S. Department of Housing and Urban Development (HUD) and your jurisdiction awarded as follows: Community Development Block Grant (CDBG) Program Grant Number. B-09-MC-06-0540 $2,003,602 HOME Investment ParUlerships (HOME) Program. Grant Number: M-09-MC-06-0505 $1,007,225 Emergency Shelter Grant (ESG) Program Grant Number: 5-09-MC-06-0540 $87,879 Please execute and date all copies of the enclosed agreements. Retain one copy for your records and return two copies of each program agreement to the Los Angeles Field Office as soon as possible. Note issues of general administrative concern in Enclosure A -Consolidated Plan Advice and Guidance. Enclosure B, if included, provides more specific concerns related to your proposed 2009 program year plan and should be addressed no later than 30 days from the date of this letter. Acceptance of the annual action plan does not imply approval of proposed programs and activities. Be advised that compliance. with applicable statutes and regulations are evaluated at the conclusion of the program year as part of the CAPER review process and during the on-site monitoring. Annual Consolidated Performance Report (CAPER) for the 2008 program year is due no later than 90 days after the end of your program year. 8-93 We look forward to working with your community in accomplishing the goals and objectives identified in the 2009 Plan. If you have questions, please contact Etul Cook, Community Planning and Development Representative at 213/534-2546. Enclosures Sincerely, William G. Vasquez, Direc' r Offiee of Community Plan ing and Development 5-94 Enclosure A -Consolidated Plan Advice and Guidance Integrated Disbursement & Information System (IDIS). Grantees are encouraged to update information in IDIS with each drawdown of funds, but minimally on a quarterly basis. In addition, a number of grantees have numerous older activities which continue to he in an open status -every effort should be made to close out such activities as applicable. Environmental Review Procedures. All activities included in the Plan aze subject to some degree of environmental review under provisions codified at 24 CFR part 58. Funds for activities that aze not determined to be exempt may not be obligated or expended unless a Release of Funds has been approved in writing by HUD in the prescribed manner. signage at Project Construction Sites. To the extent that the Grantee posts signage at HUD funded projects under the enclosed agreements, the Grantee should ensure that HUD is identified on such signage. ESG Funds Subject to Environmental Review. ESG funds may not be expended for activities in projects that have not been previously environmentally cleared. Funds may be expended only after HUD approves in writing your compliance with environmental regulations at 24 CFR part 58. If your jurisdiction intends to use ESG rehabilitation fimds for Shelter sites, please note the certifications on the Request for Release of Funds and Certification form (HUD-7015.15). Participation of ESG Recipients in HMIS. The requirement to participate in an HMIS (Homeless Management & Information System) according to the final HMIS notice applies to homeless providers receiving ESG funds only if that provider is located in a jurisdiction covered by a Continuum of Care (CoC) with an HMIS. Entitlement communities are not required to establish an HMIS for homeless providers receiving ESG funds in jurisdictions not covered by a CoC HMIS. 5-95 Grant No.: S-09-MC-06-0540 Official Contact Person: Angelica Davis Telephone No: _(619)691-5036 FAX: (619)47fi-5310 E-mail Address: adavis@ci.chula-vista.ca.us Tax ID No: 95-6000690 Unit of Government No: 060720 FY 2009 LOCAL GOVERNMENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and City of Chula Vista the grantee, for FY 2008 of the Emergency Shelter Grants Program in the amount of 87 879. This grant was authorized by Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition, the grant operates through HUD's regulations at 24 CFR Part 576, as now in effect and as maybe amended from fime to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the grantee with the agreed grant funds. The grantee must comply with requirements for record keeping and annual performance reporting to HUD within 90 days after the close of its consolidated program year, as required by 24 CFR 91.520. This includes the information collected through HUD's Integrated Disbursements and Information System (IDIS). The grantee's ID1S reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information will be used for program monitoring and evaluation purposes. The grantee agrees to follow HUD standards for participation, data and reporting under a local HMiS, as published in the July 3Q, Federal Register notice (69 FR 45888) as clarified by an October 19, 2004, Federal Register notice (69 FR 61517) on domestic violence shelter participation. The grantee agrees to comply with all applicab]e laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which may receive funding assistance. The grantee agrees [o comply with the provisions of the environmental requirements of 24 C2='R Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. 8-96 The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 USC 11375(a)(1). The following parties execute this C,rant Aa ~eement on the dates set forth below as follows: Typed Name of Signatory UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: Signature and ate ~/~ William Vas uez Director. Office of CommunitvPlannine and Development Title GRANTEE Signature and Da e James D, Sandoval Typed Name of Signatory Citv Manager Title 8-97 Funding Approval and HOME us. Department of HOUSfng OMB Approval NO.2W6-0171 andllrben DeVelopmenf (Exp. 08/37/2009) Investment Partnerships Agreement Office of Community Planning Title R of the National Affordable Housing Act and Development Public reporting burden for this collection of informaton is estimated to average 1 hour per response, including the time for reviewing instructiorrs, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person IS nol required to respond to, a collection Of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deatllines; 3j to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine canpliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Actor related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements Records of information collected will be maintained by the recipients of the assistance. Iniortna[ion on activities and expenditures of grant funds is public information and is yenerally available for disclosure. Recipients are responsible tort ensuring contlden0ality when public disclosure is not required. 1. Participant Name antl Address City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 2. Participant Number M-09-MC-06-0505 3. Tax Identification Number 95-60W690 4. Appropriation Number 869/I0205 s. FY (yyyy) 6. Previous Obligaton (Enter "0" for initial. FY allocation) $ a. Formula Funds ~ " -~~+ `~ " b. Community Housing Development Org. (CHDO) Compettive $ ,~ r „ ~ ~, ^z Py,. ~r{~~,. _ t;: 7. Current Transaction(+or-) $1,007,225 a. Formula Funds $1,007,225 ~:4 'rlt ~~ 'r''~': $~. ~~ 1. CHDO (For deobl)gations only) 2. Non- CHDO (For deobligations b. CHDO Competitive Reallocation or Deobligation (see #78 below) ~ $ ~:;~'' ~... -~ ~•4,-~?~! a. Formula Funds b. CHDO Competitive Reallocation $ L = ~ ~," ~w_'. 7 ; +'~'"x.~.`F c 9. Special Conditions (check app{icable box) 10. Date of Obligation (Congressional Release Date) ® Not applicable ^ Attached (mm/dcllyyyy) 7l37/egos This Agreement between the Department of Housing and Urban Development (HUD) and the Participating JuristlictioNEn;ity is matle pursuant to the authority of the HOME Investment Partnerships Act (42 US.G. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolitlatetl Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be emended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special contlitions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating JuristlicfioNEntity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provitled by HUD by Formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction s/Entity's compliance with HUD's electronic funds Vansfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participatlng JurisdiclioNEntity without the Padicipating Jurisdiction's/Entity's execution of [he amendment or other consent. The Participating JunsdictionlEntity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part s2. The Participating. Jurisdiction. agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. 11. Far the U.S. Department of HUD (Name and Tltleof Authorzed Official) 12. Sig t r i 13. Date William Vasquez, Director, Office of CPD iiv 7/3u2oos 14. For the Participating JurisdictionlEntity (Name and Title of Authorized Official) 15. Sig ~ ~ 1~~ James D. Sandoval, City Manager 17. Check one: ® Initial Agreement 18. Funding Information: form HUD-40093 (0412004) Funding ApprovallAgreement Title I of the Housing and Community Development Act (Public Law 930383) U:S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in dam 5 of Standard Farm 424) 3. Grantee's 9-0igit lax ID Numher 4. Cate usa cf funds may begin City of Chula Vista 95-6000690 (mm!ddryyyyj 7/1/09 2. Grantee's Complete Address (as shown in dam 5 of Standard Porm 424) 5a. Projecc'Gmnt Ne.1 6a. Amount Approved 276 F'ocrth Avenue B-09-MC-06-0540 $2,003,602 Chula Vibfa, CA 91910 5h Prnienf/Front Nn 7 F6 a,.,~~i,n a~,,.,,,,ve Approved Gxanf Agreements This Otant Agrcemtnl between the DepartmenCOf Hous'irrg and Urban Development (HUD) and Ute above mm~ed Crturiee is made pmsumn m t1u: authority of Tide I ofihe Housing and Community Development Act of 1974, ac amended, (42 l1SC 5301 et say.). The Grmllec's submissions for Title I assistance. the HUD regulations a1 24 CFFt Purl 570 (as now in effect and ac may be amended from dme [n dme), and this Funding Approval, including any special conditions, consdm¢ part of the Agreement Subject to the provisions of this Grant Agreement. HUD will make the funding assistance specified here avalahle ru the Grantee upon exwudort of the Agreement by the parties. Tht funding assistance specified in the Funding.Approval may be used to pay casts incased alter the date sped tied in item 4 above provided the activities newhich such cosh are rotated am cartied out in comphanec with all applicable requirements. Pre-agreemtnt costs may not be paid with funding assistance specified here unless the}' ate authorized in HOD regulations or approved by waiver and listed in the special tondiduns to the Funding Approval. The Grantee agrees [o assume;dl of the responsibilities for cnviroturibnml [eview, decision making, and actions, asBperoilied and tequired in regulations issued by the Sccm(m'y pursuant to Section 104(g) of Title I and published in 24 CFR Part S8. The Grantee further acknowledees its iesponsihility for adherence to the Agi~eetnent by sub-recipient entities [n which i[ makes fundin¢ assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name William Vasquez lames D. Sandoval Title Tide Director, O(fi of Communit tanning and Devclopmcnt City M naoer Signs ~ Data(mMddi Signatur Dat mm! ) ~ ~ Z C 7. Category of Tllle I Assistance for this Fu ing coon 8. Specl Conditions a. Date HUD Received Submission 16. check on (check only one). itl E S b ® (ch one) (mMddiyyyy) 5/13/2009 ®a. Orig. Funtling nt ement. ac 106( ) a ^ b, Stale~Adminlstere4 Sec t06(d None ®Attached gb. Date Grantee Notified Approval Amendment ^ h Ad i ^ HUD i t ll C i 1 d S (mMdd/yyyy) 7/31 /2009 . d - m n s ere ma as, Sec A 06(d)(2J{Sj 9 D t iSt d f P V Amendment Number ^ d. Indian CDBG Programs, Sec 106(a!(1) c. a e o a o rpgmm ear ^ S l U b l F R S (mmldd/yyyy) 7/1/09 e, urp us r an enewa unds, ec 112(b) 11 A t 1 C D l ^ f. Special Putpese Grants Sac 707 . moun o ommunity eve opment , Block Grant FY (2009) FY ( ) FY ( ) ^ g. Loan Guarantee, Sac 108HUD 7002 a Funds Reservedf r thi G t . o s ran ee $2,003,602 b. Fundsnow being Approved $2,()03,602 a Reserva5on to be Cancelled 11z minus 116 t2a. Amount of Loan Guarantee Commitment dowbeino Approved t2b. Name and complete Add ress o1 Public Acendv The public agency hereby accepts the Grant Agreement executed ny the Depwtrta:m of Housing and Urban Ck:vclopntent on the above date with respect to the above grant numbegs) as Grantee designated to receive loan guaramec assistance, and egrtxs to comply with the tenus and conditions of the Agreement, applicable regulations,. and other ecquitements of HUD now or hereafter in effect, peiTaining to the assisl:mce provided it. HUD Accounting use Eifeclive Date Batch TAC Progrem Y A Heg Area Document Nd.. Project Number Category Amount (mrlJtlNyyyy) F 1 7 6 ~ ~ ~ ~ m Project Number Alneunt Prc e-- 1_ct Number Amount is-`J `J COMMUNITY DEVELOPMENT BLOCK GRANT SPECIAL CONDITIONS Executive Order 12372 The special condition for the Community Development Block Grant Program, Funding Approval Agreement (HUD 7082), concerning the review procedures under Executive Order 12372 - Intergovernmental review of Federal Programs and HUD's implementing regulations 24 CFR, Part 52, restricts the obligation or expenditure of funds for the planning or construction of water or sewer facilities until the completion of the review process and receipt of written notification of a Release of Funds from HUD. In the event that the grantee amends or otherwise revises it's Consolidated Plan/Action Plan to use funds for the planning or construction of water or sewer facilities, a written Release of Funds notice from the Department must be obtained before obligating or expending funds for such activities. 8-100 COUNCIL RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE 2010-2015 CONSOLIDATED PLAN AND FISCAL YEAR 2010-2011 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB- RECIPIENT/CONTRACTOR; (3) AMENDING THE FISCAL YEAR 2008-2009 HUD ANNUAL ACTION PLAN TO RE- ALLOCATE $120,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO AN ELIGIBLE PROJECT; AND (4) 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 the 2010-2015 Consolidated Plan ("Consolidated Plan") and the Fiscal Year 2010-2011 Annual Action Plan ("FY 2010-2011 Action Plan") per HUD Rules and Regulations; and WHEREAS, the City will receive a Fiscal Year 2010-2011 CDBG entitlement of $2,167,801; a Fiscal Year 2010-2011 HOME entitlement of $996,287; and a Fiscal Year 2010- 2011 ESG entitlement of $88,021; and WHEREAS, the City will reprogram $270,778 of completed CDBG projects and add it to the grant allocations received by HUD for Fiscal Year 2010-2011; and WHEREAS, the City followed its Citizen Participation Plan and held public hearings on housing and community needs on November 17, 2009, and March 23, 2010, at which time public testimony was received and considered by the City Council with respect to the FY 2010- 2011 Action Plan; and WHEREAS, staff has determined that the proposed activities eligible for CDBG funding meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and 8-101 Resolution No. Page 2 WHEREAS, staff has determined that the sub-recipients/contractors identified in the FY 2010-2011 Action Plan and Attachment A (attached hereto) 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/contractors for program expenditures; and WHEREAS, the City will amend the 2008-2009 HUD Annual Action Plan to re-allocate $120,000 in Community Development Block Grant Recovery Act Program (CDBG-R) funds to an eligible project, specifically to make facility improvements to the Chula Vista Family Health Center located at 251 Landis Avenue in Chula Vista. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: 1. That it approves the 2010-2015 Consolidated Plan ("Consolidated Plan") and the Fiscal Year 2010-2011 Annual Action Plan ("FY 2010-2011 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 agreements for management and implementation of the FY 2010-2011 Action Plan and the 2008-2009 CDBG-R project between the City of Chula Vista and each sub-recipient/contractor, identified in the FY 2010-2011 Action Plan and Attachment A (attached hereto), substantially in the form provided in the Agenda Statement as Attachments 5 and 6. 3. That it approves the amendment to the 2008-2009 HUD Annual Action Plan to reallocate $120,000 of CDBG-R funds to an eligible project, specifically to make facility improvements to the Chula Vista Family Health Center located at 251 Landis Avenue in Chula Vista. 4. That it authorizes the City Manager to execute the HUD Funding Approval Agreements (Attachment 7 to the Agenda Statement) and any other related documents necessary to obtain the HUD grants. Presented by: Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director Approved as to form by: Ba Miesfeld City Attorney 8-102 ATTACHMENT A ~ ~ ~ ~. Adult Protective Services ~ ~. South Bay Adult Day Health Care Center Trans ortation $ 11,000.00 Lutheran Social Services Carin Nei hbors -Home Re air $ 7,380.00 Ecumenical Council of San Die o Interfaith Shelter Network $ 10,350.00 South Bay Community Services Thursday's Meal $ 10,000.00 San Die o Food Bank Food Back Pack Pro ram $ 15,000.00 Chula Vista Veterans Home Su ort Rehabilitation Services $ 3,000.00 Chula Vista Communi Collaborative Assessment, Referral, and Emer enc Services $ 39,312.00 TBD Lauderbach Nei hborhood Center $26,892.00 Chula Vista Famil Health Center KidCare Express III Mobile Medical Unit $ 27,000.00 Lutheran Social Services Pro'ect Hand $ 20,000.00 South Ba Communi Services Family Violence Treatment Pro ram $ 34,000.00 South Ba Communi Services Services for High-Risk and Homeless Youth $39,550.00 Chula Vista Famil Health Center Heahh Care Facility Im rovements $120,000.00 Coun of San Die o HHSA Coun Motel Voucher Pro ram $12,250.00 Meals on Wheels Meals on Wheels $12,000.00 Re Tonal Task Force on the Homeless Regional Task Force on the Homeless $ 5,000.00 South Ba Community Services Casa Nueva Vida (ESG) $ 88,021.00 8-103 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 Bart C. Miesfeld City Attorney Dated: ~ ~~`~ ~ I O AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 8-104 Srtiwt~~'2. CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT [PROJECT NAME] This contract numbered is entered into by and between ("Sub-recipient") and the City of Chula Vista ("City") on ("Effective Date") for the purpose of having Sub-recipient implement and perform work on the Organization-Project 2010-2011 as set forth herein and in the incorporated documents and attachments. RECITALS WHEREAS, there has been enacted into ]aw 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; WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant funds; WHEREAS, City incorporated the Sub-recipient's proposal for the project described in Attachment "A" hereof (hereinafrer refereed to as the "Project") into the City's Community Development Block GranUFIOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; WHEREAS, it is the desire oftheSub-recipient and the City that the Project be implemented by the Sub-recipient; WHEREAS, the Sub-recipient shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annua] Funding Plan for participation in the Community Development Block Grant program; and WHEREAS, Sub-recipient warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Sub-recipient to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Sub-recipient do hereby mutually agee as follows: All of the Recitals above are hereby incorporated into this Agreement 2010-201 I CDBG Agreement Page 1 of 18 8-105 ARTICLE I. SUB-RECIPIENT OBLIGATIONS A. General. Work to be Performed. Sub-recipient shall implement the scope bf 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. Sub-recipient 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 Sub-recipient 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 § 5301, et seg.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et seg.); c. The regulations in 24 CFR Part 58 specifying other provisions ofthe 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 7964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VH[ ofthe Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, e1 seg.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2010-2011 CDBG Agreement Page 2 of IS 8-106 The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Sub-recipient agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative ofthe Sub-recipient'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 Sub-recipient 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-Sub-recipient is in violation of the regulations in 24 CFR part 135. The Sub-recipient will not subcontract with any sub-Sub- recipient where the Sub-recipient has notice or knowledge that the sub Sub-recipient has been found in violation ofthe regulations in 24 CFR part 135. v. The Sub-recipient will certify Yhat any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient 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 Sub-recipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) ofthe Indian Self-Determination and Education Assistance Act f25 U.S.C. 450e1 also applies to the work to be performed under this contract. Section 7(b) requires that to the 2010-2011 CDBG Agreement Page3of 18 8-~0~ 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-]22 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-] 33 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circular A- 110entitled "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 Sub-recipient to return any program income earned by Sub-recipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Sub- recipient 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 rea] property under Sub- recipient's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years afterexpiration ofthe 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 ofnon-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required afrer the five-year period pursuant to 24 CFR 570.505. Progam 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; The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and 2010-2011 CDBG Agreement Page 4 of 18 8-108 Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; k. The Labor Standazds 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, else¢); n. The Flood Disaster Protection Act of ]973 (42 U.S.C. § 400], elseg, and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act (42 U.S.C. § 7401, et seg.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 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); c 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 Sub-recipient, 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 yeaz thereafrer, 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 Sub-recipient certifies, that in accordance with Section 319 ofPublic 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. 2010-2011 CDBG Agreement Page 5 of 18 8-109 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 U.S.C. § 4151, etsegJ; v. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8; w. The Americans with Disabilities Act (42 U.S.C. § 12] Ol ); x. 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 at41 U.S.C. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference; y. Prior to award of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); aa. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and bb. Sub-recipient 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 Sub- recipient to comply with the requirements of any such obligation. B. Compliance with Laws. Sub-recipient shall comply with al] applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Sub-recipient shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. 2010-2011 CDBG Agreement Page 6 of 18 a-~~0 C. Iusurauce. Sub-recipient agrees to comply with the insurance requirements as set forth below: 1. General. Sub-recipient must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance ofthe 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 of work. 2. Minimum Scooe of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) .1uto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the [able below: i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including (Including death), and property damage. If Commercial General Liability insurance with operations, products a general aggregate limit is used, either the general aggregate limit must and completed apply separately to this projecUlocation or the general aggregate limit most operations, as be twice the required occurrence limit. a licable ii. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each em to ~ee iv. Professional Liability $1.000,000 each occurrence or Errors & Omissions Liabililv: 4. 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 Sub-recipient will provide a 2010-2011 CDBG Agreement Page 7 of 18 8-~~~ financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. 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: (a) Additionallnsureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe 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 famished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (1 ]/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primarytnsurance. The Contractor's General Liability 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 Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. (c) Cancellation. The insurance policies required 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. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) .QctiveNegligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of Subrogation. Sub-recipient insurer will provide a Waiver of Subrogation in favor ofthe City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: 2010-2011 CDBG Agreement Page 8 of 18 8-112 (a) Relro Dale. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and~'vidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cance/lation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Sub-recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of Califomia List of Eligible Surplus Lines Insurers ("LESLP') 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. 8. Verification of Coverage. Sub-recipient shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies 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 ofall required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Sub-recipient must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE II. CITY OBLIGATIONS A. Compensation. Amounts. City shall reimburse Sub-recipient for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $ Sub-recipient 20 ] 0-2011 CDBG Agreement Page9of18 8-113 shall not submit claims to the City nor shall City reimburse Sub-recipient for costs for which Sub-recipient is reimbursed from a source other than the funds allocated for work under this contract. 2. Limitation. With regard to compensation stated in Article II, section A.l, above, Sub- recipient may be reimbursed 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. Comoensation Schedule. Ciry shall pay Sub-recipient monthly progress payments upon certification and submittal by Sub-recipient 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 Sub-recipient 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. 4. Indirect Costs. If indirect costs are charged, the Sub-recipient will develop an indirect cost allocation plan for determining the appropriate Sub-recipient's share of administrative costs and shall submit such plan to the City for approval. 5. Expenditure Standard. ht order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Sub-recipient agrees that it shall expedite implementation ofthe 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 Sub-recipient of the expenditure and implementation deficiency. Sub-recipient 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, Sub-recipient agrees that the City may reallocate the amount of the expenditure deficiency. ARTICLE III. ETHICS A. Financial Interests of Contractor Disclosure Required. Sub-recipient is required make the disclosures detailed in Attachment "C". Sub-recipient may also be designated as a "Consultant" for the purposes of the Political Refoan Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the Ciry Attorney, thereby becoming an "FPPC filer." 2010-2011 CDBG Agreement Page 10 of 18 8-114 2. No Participation in Decision. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient shall not make, or participate in making or in any way attempt to use Sub-recipient's position to influence a governmental decision in which Sub- recipient knows or has reason to know Sub-recipient has a financial interest other than the compensation promised by this contract. 3. Search to Determine Economic Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient warrants and represents that Sub-recipient has diligently conducted a search and inventory ofSub-recipient's economic interests, as the term is used in [he regulations promulgated by the Fair Political Practices Commission, and has determined that Sub-recipient does not, to the best ofSub-recipient's knowledge, have an economic interest which would conflict with Sub-recipient's duties under this contract. 4. Promise Not to Acouire Conflicting Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient further warrants and represents that Sub- recipient will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflictine Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient further warrants and represents that Sub- recipient will immediately advise the City Attorney of City if Sub-recipient learns of an economic interest of Sub-recipient's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. Specific Warranties Aeainst Economic Interests. Sub-recipient warrants, represents and agrees: (a) That neither Sub-recipient, nor 's immediate family members, nor Sub-recipient's employees or agents ("Sub-recipient Associates")presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter ofAttachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Sub-recipient orSub-recipient's Associates in connection with Sub-recipient's performance of this contract. Sub-recipient promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Sub-recipient Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. 2010-201 l CDBG Ageement Page I 1 of 18 8-115 (d) That Sub-recipient may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Sub-recipient's responsibilities under this contract, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. General Reouirement. City shall not be liable for, and Sub-recipient 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, awazds, 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 azising either directly or indirectly from any act, error, omission or negligence of Sub-recipient 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, Sub-recipient 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. 2. Additional Requirement. Sub-recipient 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 wnditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials bySub-recipient during the course of any alteration or improvements ofthe Premises ofSub- recipient, unless hazardous materials aze present solely as a result ofthe Boss negligence or willful misconduct ofCity, 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 dischazge, release, dumping, spilling (accidental or otherwise), onto the Property during or after 2010-2011 CDBG Agreement Page 12 of 18 a-~~6 the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Sub-recipient obligation to defend, at Sub-recipient' 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. Sub-recipient shall pay and satisfy anyjudgment, 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. 4. Insurance Proceeds. Sub-recipient 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. 5. Declarations. Sub-recipient's obligations under Article IV shall not be limited by any prior or subsequent declaration by the Sub-recipient. 6. Enforcement Costs. Sub-recipient agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. 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 govemed by the laws of the State of California. ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty days' written notice of intent to terminate has been given to the other party. However, no notice of termination given by Sub-recipient shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragaph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this pazagraph, Sub-recipient shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. 2010-2011 CDBG Agreement Page 13 of 18 8-117 B. 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 Sub-recipient of the intent to terminate under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Sub- recipientshall be entitled to receivejust and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. C. Termination of Contract for Cause. Sub-recipient 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. IfSub-recipient 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 Sub-recipient violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or ifSub-recipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Sub-recipient of the effective date of termination. Even if City terminates the contract, Sub-recipient 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 Sub-recipient for the purpose of set-off until the exact amount of damages due to City from Sub-recipient is determined. Sub-recipient 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. ARTICLE VL RECORDS RETENTION AND ACCESS A. Records and Reports. The Sub-recipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Sub-recipient's project. All records of the Sub-recipient 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. B. Retention. The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the contract 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 contract 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 al] issues, or the expiration of the five-year period, whichever occurs later. 2010-201 t CD6G Agreement Page 14 of 18 8-118 C. Data. The Sub-recipient shall maintain data demonstrating eligibility (]ow-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. D. Disclosure. The Sub-recipient understands that client information collected under this contract is private and the use or dscloswe of such information, when not directly connected with the administration of the City's or Sub-recipient's responsibilities with respect to services provided under this contract, is prohibited by federal 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. E. Quarterly Repor[s/Annual Report. Sub-recipient 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 ofCDBG funds until the report has been submitted. Quarterly Performance Reports are due October 15 (1 ~` Quarter), January 15 (2°a Quarter), April 15, (3rd Quarter) and July 15 (4"' Quarter). The Annual Performance Report will also be due July 15. ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Sub-recipient agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Sub-recipient agrees to perform financial and compliance audits the City may require. The Sub-recipient also agrees to obtain any other audits required by City. Sub- recipient agees that Project closeout will not alter Sub-recipient's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Sub-recipient that City has closed the Project, and either forwards the final payment or acknowledges that the Sub-recipient has remitted the proper refund. The Sub-recipient agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contractor any unmet requirements set forth in a written notification from City. ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee, shall administer this contract on behalf of the City. The shall administer [his contract on behalf of the Sub-recipient. Within a reasonable time after the City makes a request, Sub-recipient 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. 2010-2011 CDBG Agreement Page 15 of 18 $-~~9 B. Term. The term of this contract shall start on the _day of and shall continue in effect until terminated as provided herein or until Sub-recipient has carried out all its obligations under the contract. Services of the Sub-recipient shall start on the _ day of and end on the_day of .With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub-recipient remains in control of CDBG funds or other CDBG assets, including program income. C. Actions on Behalf of the City. Except as City may specify in writing, Sub-recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Sub-recipient 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. D. No Obligations to Third Parties. In connection with the Project, Sub-recipient 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 parry to this contract. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, 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 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, Sub-recipient shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Ageement. F. Attorney's Fees. Should a dispute arising out of this contract result in litigation, it is agreed that the prevailing party shall be entitled to ajudgment 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. G. Capacity of Parfies. Each signatory and party hereto hereby warrants and represents to the other parry that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract 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 contract, and performance hereunder, shall be the City of Chula Vista. 2010-2011 CDBG Agreement Page 16 of 18 8-120 I. Audit Costs. Sub-recipient shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract ifSub-recipient 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 Sub-recipient under this contract. J. 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. K. Acknowledgement of Funding. Sub-recipient 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 ofthe City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Sub-recipient 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. L. 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. 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: City: Insert Non Profit City of Chula Vista Executive Director Redevelopment and Housing Manager Address 276 Fourth Avenue City, CA 9191X Chula Vista, CA 91910 (Signature page to follow.) 2010-2011 CDBG Agreement Page 17 of 18 8-121 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City 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 (Insert Non-Profit Name) Name of ,Executive Director 2010-201 I CDBG Agreement Page 18 of 18 8-122 ATTACHMENT A "SCOPE OF WORK AND BUDGET" 2010-2011 The "Scope of Work and Budget" is to be detertni~ed as projects are awarded. 2010-201 I CDBG Agreement Attachment "A" -Scope of Work and Budget 5-123 ATTACHMENT "B" 2009 San Diego Income Limits & Self Certification Form Median Income: $74,900 Fxnemeiv Lou' income derv Loge Ivcmne Lo~v hncome r,my~ 30% 35% 40% ~0% 60% 6i% 70% 80% srzP income Inrome Income Income Iucome Income Income Income o1vE $17.3 s0 S30:250 S33,150 $?8.900 534,680 33?.600 $40,-150 $4b_250 rnro 514.850 53.100 526.450. $33,050 S34b60. 543.950 $36 250 552,900 rxxr:e 523.300 S?6,000 529:?50 $37150 449530 548.350 SS?.000 559,500 pot,R 529.800 528900 333.OS0 841900 549.560 553.'00 S5?.8W $66,106 en'E $34,800 S3 L200 535,',00 $44.600 553,530 558.000 $62A00 571,900 six 4'_8 TO 533.500 538950 $97.900 SS?,480 S6?,300 567,050 S?6.?00 SECEH $30.750 535.850 541.000 $51_'.00 56 L44D 46b.600 $71.650 $81.950 >a~tir 533J50 538.150 543,650 $54500 565A00 4?Q900 $76.300 587.250 2010-2011 CDBG Agreement AttacLvnent "B" - Inwme Limits and Self Certification Forth 5-124 ATTACHMENT B Self Certification Form - 2009 (effective 3/19/09) CITY OF CHULA VISTA CDBG Program Information on annual family income and race is required to determine eligibility for public services funded with federal Community Development Block Grant (CDBG) funds. Each participant must indicate the number of persons in their household, and then CHECK THE BOX that contains the amount of annual family income. INCOME is defined as the total annual cross income of all family and non-family members 18+ years old living within the household. All sources of income must be counted from all persons in the household based on anticipated income expected within the next 12 months. Please check your Income Range (using Part 5) based on your Family Size (for example if there are 5 people in your household, go to HH of 5; if there are 8 or more in your household go to HH of HH of 1: ^ $0 - $17,350 ^ $17,351 - $28,900 ^ $28,901 - $46,250 ^ $46,251+ HH of 2: ^ $0 - $19,850 ^ $19,851 - $33,050 ^ $33,051 - $52,900 ^ $52,901+ HH of 3: ^ $0 - $22,300 ^ $22,301 - $37,150 ^ $37, I51 - $59,500 ^ $59,500+ HH of 4: ^ $0 - $24,800 ^ $24,801 - $41,300 ^ $41,301 - $66,100 ^ $66,101+ HH of 5: ^ $0- $26,800 ^ $26,801 - $44,600 ^ $44,601 - $71,400 ^ $71,401+ HH of 6: ^ $0 - $28,750 ^ $28,751 - $47,900 ^ $47,901 - $76,700 ^ $76,701+ HH of 7: ^ $0 - $30,750 ^ $30,751 - $51,200 ^ $51,201 - $81,950 ^ $81,951+ HH of 8: ^ $0 - $32,750 ^ $32,751 - $54,500 ^ $54,501 - $87,250 ^ $87,251+ AMI Level ^3095 ^3196-509b ^5196-8045 ^ over 804b Please check your Ethnicity (pick 1 of 2): ^ Hispanic or ^Nop-Hispanic Please check your Race (pick 1 of 10 choices) ^ White ^ Black or African American ^ Asian & White ^ American Indian or Alaskan Native ^ Native Hawaiian or Other Pacific Islander ^ Other ^ Black/African American & White ^ American Indian/Alaskan Native & White ^ Asian ^ American Indian/Alaskan Natve & Biack Does your family have a FEMALE HEAD OF HOUSEHOLD? ^ Yes ^ No Program or Activity Dates of Participation APPLICANT STATEMENT: I hereby certify that the information on this form is accurate and complete. I understand that this self-certification may be subject to further verification by the agency providing services, the Ciry of Chula Vista, the County of San Diego District Attorney, or the U.S. Department of Housing & Urban Development I, therefore, authorize such verification, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the U. S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the U.S. Government. Participant or Beneficiary Name (Please Print) Signature (Parent or Guardian, if participant is under 18 years old) Date 2010-201 I CDBG Agreement Attachment "B" -Income Limits and Self Certification Form 8-125 ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy ] Ol-O1, prior to any action on a matter [hat requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions 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 [he subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) en[i[v. 3. If any person* identified in section I above is anon-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. 5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this coptract, project or application within the past 12 months? Yes^No^ describe the nature of the financial interest the official ** may have in this contract. 6. Has any person* anyone identified in I, 2, 3, or 4, above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No^Yes^ which Council 7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? 2010-2011 CDBG Agreement Attachment "C" -Disclosure Statement 8-126 8. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes^No^ the official** and the nature of [he income Signature of Contractor/Applicant Print or Type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partr~ership, joint venture, association, social club, fiatemal organization, corporatioq 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 no[ limited [o: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. 2010-2011 CDBG Agreement Attachment "C" -Disclosure Statement 5-127 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 0~'1'Y~y' /~[ Bart C. Miesfeld City Attorney Dated: `~~Z B ~/ t~ ~- CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FRAMILY CENTERS OF SAN DIEGO CHULA VISTA FAMILY HEALTH CENTER FACILITY EXPANSION 2010-2011 8-128 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FAMILY CENTERS OF SAN DIEGO CHULA VISTA FAMILY HEALTH CENTER FACILITY EXPANSION 2010-2011 This contract numbered is entered into by and between Family Health Centers of San Diego ("Contractor") and the City of Chula Vista ("City") on ("Effective Date") for the purpose of having Sub-recipient implement and perform work on the Organization-Project 2010- 2011 as set forth herein and in the incorporated documents and attachments. RECITALS 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; WHEREAS, the American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law on February 17th, 2009. The Recovery Act appropriated $1 billion in Community Development Block Grant (CDBG) funding to states and local governments to carry out, on an expedited basis, eligible activities under the CDBG program. This grant program under the Recovery Act is referred to as the CDBG Recovery (CDBG-R) program; WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant Recovery Act funds; WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block GranUl-TOME Investment Partnership/Emergency Shelter Grant Substantial Amendment to the 2008- 2009 Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); WHEREAS, HUD has approved the City's Substantial Amendment to the 2008-2009 Annual Funding Plan for Community Development Block Grant Recovery Act funds; WHEREAS, it is the desire of the Contractor and the City that the Project be implemented by the Contractor; WHEREAS, the Contractor shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Substantial Amendment for participation in the CDBG-R Program; WHEREAS, the Catalog of Federal Domestic Assistance number for CDBG-R funding is 14.253 and shall be communicated to all Contractors and included in all contracts and subcontracts related to the CDBG-R funds; and 2010-201 I CDBG Contract Page 1 of 19 8-129 WHEREAS, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this contract. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. ARTICLE I. CONTRACTOR OBLIGATIONS A. General. Work to be Performed. Contractor shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annua] 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. Contractor 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 Contractor 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 § 5301, etseg); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, 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 ofthe Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et .req.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 1701u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): 2010-201 ] CDBG Contract Page 2 of 19 5-130 The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Contractor agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bazgaining agreement or other understanding if any, a notice advising the labor organization or workers' representative ofthe Sub-recipient'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 Contractor 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 subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any sub-contractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. v. The 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 the Contractor's obligations under 24 CFR part 135. 2010-20 ] I CDBG Contract Page 3 of 19 8-131 vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) ofthe Indian Self-Determination and Education Assistance Act (25 U.S.C 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). f The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC § 4601, et seg., 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- 110entitled "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 Contractor to return any program income earned by Contractor in carrying out the activities of this contract to the City. Upon expiration of this contract, Contractor 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 Contractor control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration ofthe 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 ofnon-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required afer the five-year period pursuant to 24 CFR 570.505. 2010-2011 CDBG Contract Page 4 of 19 5-132 Progam income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Progam 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 Standazds 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. § ] 501, etseg); n. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, et seq, and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal progams and HUD 24 CFR Part 8; p. 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 seg.) 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 Contractor, or its designee or agents, no member of the governing body of the locality in which the progam is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the progam 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 progam 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 Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: 2010-2011 CDBG Contract Page 5 of 19 8-133 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 Congess, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal gant, 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, gant 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 Congess, or an employee of a member of Congess in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; u. The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, erseg.); v. The Americans with Disabilities Act (42 U.S.C. § 12101); w. The bonding requirements described in 24 CFR Par[ 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 4l U.S.C. 403(11)). Theserequirementsazefurther described in Attachment A, which is attached hereto and incorporated by reference; x . Prior to award of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIS databases. Documentation of such eligibility shall be maintained in the project files; y. All grantees, sub-recipients and contractors desiring to participate in the CDBG-R progam must obtain a Data Universal Numbering System (DUNS) number. A DUNS number may be requested via the web at: http://www.gants.gov/applicants/request duns numberjsp. Title XV, Section 1512 of the Recovery Act states that funding recipients that are required to report information per subsection (c)(4) ofthe Recovery Act (detailed information on any subcontracts or subgants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 allowing aggegate reporting on awards below $25,000 or to individuals) must register with the Central Contractor Registration (CCR) database. z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); 2010-201 I CDBG Contract Page 6 of 19 8-134 aa. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and bb. Contractor 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 oftheSub-recipient to comply with the requirements of any such obligation. B. 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. Contractor shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this contract. C. Insurance. Contractor agrees to comply with the insurance requirements as set forth below: 1. General. Contractor must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect 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 of work. 2. Minimum Scone of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) ,4ulo. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) B&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the table below: 2010-2011 CDBG Contract Page 7 of 19 8-135 i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including (Including deaN), and property damage. If Commercial General Liability insurance with operations, products a general aggregate limit is used, either the general aggregate limit must and completed apply sepazately to this project/location or the general aggregate limit must operatons, as be twice the required occurteuce limit. a licable ii. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each em to ee iv. Professional Liabiliy $1,000,000 each occurrence or Errors & Omissions Liabili 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. A[ 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 Sub-recipient will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. 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: (a) Addilioualtnsureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe Contractor, where applicable, and, with respectto liability arising out of work or operations performed by or on behalf ofthe Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement mustnot exclude Products/Completed Operations wverage. (b) Primarylnsurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance orself-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. 2010-2011 CDBG Contract Page 8 of I9 8-136 (c) Cancellation. The insurance policies required 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. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) ,4cliveNeg/lgence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an ageement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of Subrogation. Contractor insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made forth: (a) ltetroDate. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. [f coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Sub-recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceotabiliri of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of Califomia 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. 8. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be 2010-2011 CDBG Contract Page 9 of 19 8-137 received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies ofall required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. Al] coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE IL CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Contractor for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $120,000. 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. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Contractor may be reimbursed 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 ofthose provided by the Federal government under such applications may be the source of reimbursement under this contract. 3. 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. 4. Indirect Costs. If indirect costs aze charged, the Contractor will develop an indirect cost allocation plan for determining the appropriate Contractor share of administrative costs and shall submit such plan to the City for approval. 5. E~x enditure Standard. To insure effective administration and performance of approved Community Development Block Grant projects and to meet HUD performance standazds, Contractor 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 Contractor of the expenditure deficiency. Contractor will have a total of 60 days from the date of the City's written 2010-2011 CDBG Connact Page 10 of 19 8-138 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. Contractor shall give priority to CDBG-R projects that can award contracts based on bids within 60 calendar days from the date the funds are made available to the Contractor. In accordance with the Recovery Act, HUD has imposed a grant period and expenditure deadline of September 30, 2012, to ensure that the use of CDBG-R funds is expedited. 6. Prohibited CDBG-R Expenditures. Certain specified activities and/or projects may not be funded with CDBG-R funds pursuant to the Recovery Act and this includes swimming pools, golfcourses, zoos, aquariums, and casinos or other gambling establishments.Otheractivities generally prohibited under regulations governing the regular CDBG program are also prohibited under CDBG-R. This includes prohibitions on the construction of buildings for the general conduct of government, political activities, purchase of equipment, and operating and maintenance expenses. Other CDBG restrictions may also apply including bans on assistance to professional sports teams, recreational facilities that serve a predominantly higher income clientele, and general promotional activities for the grantee. Buy American. In accordance with Section 1605 ofthe Recovery Act, City and its Contractor or subcontractors shall certify that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG-R funds under the Recovery Act must be produced in the United States. City shall monitor and certify that its sub-recipient's and/or subcontractor's invoices and purchase orders include the appropriate certificates of conformity for U.S. made iron, steel and manufactured goods. If the City or its Contractor or subcontractors cannot make the certification referenced above, it should produce evidence that HUD has waived the requirement or made a determination of inapplicability as al lowed for under 2 CFR 176. ] 70. ARTICLE III. ETHICS A. Financiallnterests of Contractor Disclosure Reouired. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Consultant" for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Sub-recipient knows or has reason to know contractor has a financial interest other than the compensation promised by this contract. 2010-2011 CDBG Contract Page I I of 19 5-139 3. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warants and represents that Contractor has diligently conducted a seazch and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this contract. 4. Promise Not to Acouire Conflictine Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Dutv to Advise of ConflictingInterests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. Specific Warranties Aeainst Economic Interests. Contractor warrants, represents and agrees: (a) That neither Contractor, nor 's immediate family members, nor Contractor's employees or agents ("Contractors Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter ofAttachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor's Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Contractor's Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. (d) That Contractor may not conduct or solicit any business for any party to this contract, or for any third pally that may be in conflict with Contractor's responsibilities under this contract, except with the written permission of City. 2010-2011 CDBG Contract Page 12 of 19 5-140 ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. General Reuuirement. City shal I not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all inj ury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self- insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"),which arise out of or are in any way connected with the work covered by this contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurzent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2. Additional Requirement. 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 attomeys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge ofhazardous 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 of this contract by any person, corporation, partnership or entity other than City. 2010-2011 CDBG Contract Page 13 of 19 5-141 The foregoing environmental indemnities shall survive the expiration or termination ofthe 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. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Contractor's obligation to defend, at Contractor' s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings ofevery kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Contractor shall pay and satisfy anyjudgment, 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. 4. Insurance Proceeds. Contractor'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. 5. Declarations. Contractor obligations under Article IV shall not be limited by any prior or subsequent declazation by the Contractor. 6. Enforcement Costs. Convactor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. 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. ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty 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. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. 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 under such grounds. In that event, all 2010-20] I CDBG Contract Page 14 of 19 8-142 finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. [f the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receivejust and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. C. Termination of Contract for Cause. Contractor and City recognize that the City is the governmental entity that executed the grant agreement, received pursuant to the City's application, and that City is responsible for the proper perfomtance ofthe Project. IfContractor 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, including any and all incorporations by reference and attachments hereto, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation ofthe 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 Contractoroftheeffectivedateoftermination. Even if City terminates the contract, 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 ofset-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. ARTICLE VL RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Contractor's project All records of the Contractor 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. B. Retention. The Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the contract 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 contract 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 ofthe actions and resolution of all issues, or the expiration of the five-yeaz period, whichever occurs later. C. Data. The Contractor 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. 2010-201 I CDBG Contract Page IS of 19 8-143 D. Disclosure. The Contractor 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 ofthe City's or Contractor's responsibilities with respect to services provided under this contract, is prohibited by federal 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. E. Quarterly Repor[s/Annual Report. Contractor shall provide the City with a quarterly report, submitted no later than 7 days after the last day of the previous calendaz quarter, in order to meet HUD's deadline for CDBG-R quarterly reports. HUD's due date for CDBG-R quarterly reports is 10 days after the end of each calendaz quarter. In addition, HUD states that no later than 30 calendar days after the end of each calendar quarter, each agency that made Recovery Act funds available to any recipient shall make the information in reports submitted publicly available by posting the information on a website. HUD specifies that information must be submitted using HUD's IDIS system. As required by HUD, the CDBG-R quarterly report includes, but is not limited to, (I) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including the name of the projector activity; a description of the project or activity; an evaluation of the completion status of the project or activity; an estimate of the number ofjobs created and the number ofjobs retained by the project or activity; and for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under the Recovery Act and name of the person to contact at the agency if there are concerns with the infrastructure investment. As declared by HUD, failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. Additional penalties by HUD and the County may be imposed, as deemed appropriate. F. Due Dates. 1. Quarterly Report due dates are: on or before: July 7, October 7, January 7, and April 7 2. Annual Reports are due: July 15th and shall also be provided to be included in the City's Consolidated Annual Performance and Evaluation Report. ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendaz days following Project completion or termination by City, Contractor agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Contractor agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has 2010-2011 CDBG Contract Page 16 of 19 8-144 remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contractor any unmet requirements set forth in a written notification from City. ARTICLE V[II. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee, shall administer this contract on behalf of the City. The Chief Executive Officer of Family Health Centers of San Diego 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. B. Term. The term ofthis contract shall start on the 1 a` day ofJuly, 2010 and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 151 day ofJuly, 2010 and end on the 30'" day of June of 2011. Wi[h City approval, the term of this contract and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets, including program income. C. Actions on Behalf of the City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor 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 contract. D. No Obligations to Third Parties. In connection with the Project, Contractor 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 contract. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, 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 from time to time be amended, the provisions o£which aze 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, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this contract. F. Attorney's Fees. Should a dispute arising out of this contract result in litigation, it is agreed that the prevailing party shall be entitled to ajudgment 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. 2010-201 t CDBG Contract Page 17 of 19 5-145 G. 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 contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract 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 contract, and performance hereunder, shall be the City of Chula Vista. I. 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 expenditwes incurred to conduct the investigation or audit. City may deduct al] such costs from any amount due Contractor under this contract. J. Precedence. This contract constitutes the entire ageement 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. K. Acknowledgement of Funding. Contractor 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, Contractor 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. L. 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. 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: City: Family Health Centers of San Diego City of Chula Vista Chief Executive Officer Redevelopment and Housing Manager 823 Gateway Center Way 276 Fourth Avenue San Diego, CA 92102-4541 Chula Vista, CA 91910 (Signature page to follow.) 2010-2011 CDBG Contract Page 18 of 19 8-146 SIGNATURE PAGE EV WITNESS WHEREOF, the Consultant and City 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 Family Health Centers of San Diego Fran Butler-Cohen, Chief Executive Officer 2010-2011 CDBG Contract Page 19 of 19 8-147 ATTACHMENT A "SCOPE OF WORK AND BUDGET" 20111-2011 Family Health Centers of San Dieeo (Contrator) has a certain project to be implemented with Community Development Block Grant (CDBG-R) Program funds. The work to be accomplished includes the following: 1. Improvements. Contractor shall complete needed facility improvements at the Chula Vista Family Health Center at 251 Landis Avenue Chula Vista, CA 919]0. Improvements include: a. Converting an unused portion of the clinic into offices for health care providers to free up space adding additional patient examination rooms. b. Converting three existing offices into full service exam rooms by adding sinks and cabinets. c. Improvement to the corridor and office space improvements, as needed. CDBG Funding shall only be for the facility improvements. CDBG funding will not be used to purchase equipment or furniture. Any remaining funds may be used to install an automatic door opener at this site. 2. Prevailing Wage Projects. Contractor will competitively bid the project and submit a copy of the bid package and specifications for City review and approval. The project shall be advertised to solicit the most responsive and responsible bidder. Contractor shall notify potential bidders that this is a federally funded CDBG-R American Recovery and Reinvestment Act of2009 (Recovery Act) project that includes local, Federal, and State requirements, including obtaining the necessary City ofChula Vista building permits and business license. The applicable Davis-Bacon decision rate shall be included in the bid package. a. Davis Bacon and Related Acts Reouirements: ^ Contractor shall implement the construction project in accordance with Davis Bacon prevailing wage requirements for federally assisted wnstruction projects, as set forth in Exhibit A ("Making Davis Bacon") to this contract and in accordance with HUD Handbook 1344.1 Federal Labor Standards Compliance in Housing and Community as well as Sections "K" and "L" of this contract. Contractor shall also include the Section 3 ofthe Housing and Urban Development Act of 1968 clauses and HUD-4010 in bid and contract documents. ^ Contractor agrees to review and maintain weekly certified payroll reports, in conformance with prevailing wage requirements for Federally assisted construction projects. Family Health Centers of San Diego's selected Contractor may use the Department of Labor's WH-347 payroll form or any other type of payroll form that contains all the information required on the WH-347 form. ^ Contractor will conduct compliance reviews of the project by conducting employee interviews documented on HUD-11 Form as required by Davis Bacon and Related Acts. 3. Estimated Time Schedule. Contractor will make all good faith and reasonable efforts to implement the 2010-201 I CDBG Contract Attachment "A" -Scope of Work and Budget 8-148 project in compliance with the following estimated implementation schedule, or earlier: a. Project Completion: October 31, 2010 4. Budget. Contractor shall 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, nor shall City reimburse Sub- recipient, more than $120,000 for work performed under this contract. The Estimated Budget shall be apportioned and expended in accordance with the table below 5. Additional Reporting Requirements. Contractor shall submit to City in a timely manner other reports as requested/required by HUD and/or the City for CDBG-R including, but not limited to the ARRA CDBG-R quarterly reports, Contractor /Sub-contractor: Semi-Annual Labor Standards Enforcement Reports, Annual Minority Business Enterprise Activity Reports, Section 3 Reports and provide, as requested by HUD and/or the City, information necessary to prepare such reports. Contractor shall document all clients served to ensure that at least 51 percent ofthose 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 ftsca] year (June 30`h) for five (5) years, and shall be submitted to the City Housing Division upon receipt of a written request and at the time of any monitoring of project records. (Attachment B is a sample form to assist the Contactor in meeting this reporting requirement.) 6. CDBG-R Closeout Requirements. Final Payment: City pays Contractor monthly progress payments upon submittal by Contractor 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 the 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 projector any portion thereof. The 10% retention will not apply to acquisition or service contracts. 7. Monitoring. Contractor records and the project site shall be monitored for compliance with the project scope of work and all federal program requirements. Monitoring finding and/or close-out letters will be provided to Contractor. City Housing Division Manager will issue timely management decisions for any audit and monitoring findings to inform Contractor whether the corrective action planned, if applicable, is acceptable. City Housing Staff maintains a tracking system to ensure that timely corrective action is taken. 2010-2011 CDBG Contract Attachment "A" -Scope of Work and Budget 8-149 ATTACHMENT "B" 2009 San Diego Income Limits & Self CertiScation Form Median Income: $74,900 Extremely L.m Lxome ~'e,y Lein Ilwome Lott Iucouie r~q 30% 3i% 40% ~0% 60% 65% 70°.~0 80% size Income Income Income IDcome Income Income Income I°eome or.-F 517,350 520250 52:.150 52S.90U 534,680 537,600 540.150 $46110 rn.o 519.550 5^_3,100 576.450 $33,050 539.660 542.950 546.250 552.900 TFIItEE S22,300 526.000 529750 537.150 S44530 548.350 552.000 558.500 aoLZt S'_~.SOD 5'_8.900 533.050 b1 C300 539.560 553700 £57.300 866.100 FttE 526.500 $31.200 535700 $49.600 553570 555.000 $62.400 87 L400 stx S23,"50 533.500 S3R350 547.900 557.480 56?,300 567.050 5%6.;00 sEti~ 530,750 .$35,550 511.000 $5l.'_00 561.330 866.600 571.650 551.950 FIGHT Si77>0 538.150 543.650 $54500 565.400 570900 5?G.300 58 i._50 2010-201 I CDBG Contract Attachment "B" -Income Limits and Self Certification Form 8-150 ATTACHMEM B Self Certification Form - 2009 (effective 3/19/09) CITY OF CHULA VISTA CDBG Program Information on annual family income and race is required to determine eligibility for public services funded with federal Community Development Block Grant (CDBG) funds. Each participant must indicate the number of persons in their household, and then CHECK THE BOX that contains the amount of annual family income. INCOME is defined as the total annual cross income of all family and non-family members 18+ years old living within the household. All sources of income must be counted from all persons in the household based on anticipated income expected within the next 12 months. Please check your Income Range (using Part 5) based on your Family Size (for example if there are 5 people in your household, go [o HH of 5; if there are 8 or more in your household go to HH of HH of 1: ^ $0 - $17,350 ^ $17,351 - $28,900 ^ $28,901 - $46,250 ^ $46,251+ HH of 2: ^ $0 - $19,850 ^ $19,851 - $33,050 ^ $33,051 - $52,900 ^ $52,901+ HH of 3: ^ $0 - $22,300 ^ $22,301 - $37,150 ^ $37,151 - $59,500 ^ $59,500+ HH of 4: ^ $0 - $24,800 ^ $24,801 - $41,300 ^ $41,301 - $66,100 ^ $66,101+ HH of 5: ^ $0 - $26,800 ^ $26,801- $44,600 ^ $44,601- $71,400 ^ $71,401+ HH of 6: ^ $0 - $28,750 ^ $28,751 - $47,900 ^ $47,901 - $76,700 ^ $76,701+ HH of 7: ^ $0 _ $30,750 ^ $30,751 - $51,200 ^ $51,201 - $81,950 ^ $81,951+ HH of 8: ^ $0 _ $32,750 ^ $32,751 - $54,500 ^ $54,501 - $87,250 ^ $87,251+ AMI Level ^3036 ^3196-5035 ^51°h-8096 ^ over 80% Please check your Ethnicity (pick 1 of 2): ^ Hispanic or ^Npn-Hispanic Please check your Race (pick 1 of 10 choices) ^ White ^ Black oz African American ^ Asian & White ^ American Indian or Alaskan Native ^ Native Hawaiian or Other Pacific Islander ^ Other ^ BIacWAfrican American & White ^ American Indian/Alaskan Nafive & White ^ Asian ^ American Indian/Alaskan Nafive & Black Does your family have a FEMALE HEAD OF HOUSEHOLD? ^ Yes ^ No Program or Activity Dates of Participation APPLICANT STATEMENT: I hereby certify that the information on this form is accurate and complete. I understand that this self-certification may be subject to further verification by the agency providing services, the Ciry of Chula Vista, the County of San Diego District Attorney, or the U. S. Department of Housing & Urban Development. I, therefore, authorize such verificafion, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the U. S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the U. S. Government. Participant or Beneficiary Name (Please Print) Signature (Parent or Guardian, if participant is under 18 years old) Date 2010-2011 CDBG Contract Attachment "B" -Income Limits and Self Certification Form 8-151 ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy LO1-Ol, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions 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, project or wntract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity. 3. If any person* identified in section 1 above is anon-profit organization or trust, list the names of any person who is [he director of the non-profit organization or the names of the trustee, beneficiary and trustor of the [rust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. 5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes^No^ describe the nature of the financial interest the official** 6. Has any person* anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No^Yes^ which Council 7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? 2010-2011 CDBG Contract Attachment "C" -Disclosure Statement 8-152 8. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with [his contract, project or application, been a source of income of $500 or more [o an official** of the City of Chula Vista in the past twelve (12) months? Yes^No^ the official** and the nature of the income Date: Signature of Contractor/Applicant Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-parmership,joint venture, association, social club, fi-atemal organization, corpomtioq estate, trust, receiver, syndicate, any other wunty, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is no[ limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. 2010-2011 CDBG Contract Attachment "C" - Discosure Statement 8-153 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% ~' v Bart C. Miesfeld City Attorney Dated: ~ ~ 2--~ ~) CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT TRANSITIONALHOUSING PROGRAM 2010-2011 8-154 S aI rvl ~ I ~' CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT TRANSITIONAL HOUSING PROGRAM 2010-2011 This Contract numbered is entered into by and between South Bay Community Services ("Contractor") and the City of Chula Vista ("City") on July 1, 2010. RECITALS WHEREAS, there has been enacted the Emergency Shelter Grants ("ESG")Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the "Act", 42 U.S.C. 11361, et.req.). 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; WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of essential ESG activities; 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; WHEREAS, Chula Vista City Council approved the Project on May 4, 2010 and HUD has approved the City's AFP For the ESG funds; and WHEREAS, Contractor warrants and represents that they aze experienced and staffed in a manner such that they are and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: All of the Recitals above aze hereby incorporated into this Agreement. ARTICLE I. CONTRACTOR OBLIGATIONS A. General. 1. Work to be Performed. Contractor shall implement the Project described in Attachment "A"hereof (the "Scope of Work") fully in accordance with the term of the AFP approved by the City and submitted to HUD in its 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 8-155 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 aze not limited to, compliance with the current and most up-to-date version of each of the following: (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, erseq.) 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 seg.); § 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) Section 3 of the Housing and Community Development Act of 1974, which includes: (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative ofworkets with which the contractor has a collective bargaining contract or other understanding if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) Contractor shall include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not 2010-2011 ESG Contract Page 2 of 15 5-156 subcontrnct with any subcontmctor 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 aze 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 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the awazd of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that aze subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b); (f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601, and implementing regulations at 49 CFR Part 24; (g) Office of Management and Budget Circulaz 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 U.S.C. ] 1375; (i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; (j) The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; (k) The Labor Standards Regulations set forth in 24 CFR 570.603; (1) The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, ed.reg.); (m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); 2010-201 I ESG Contract Page 3 of 15 5-157 (n) The Flood Disaster Protection Act of 1974 (42 USC § 4106 and the implementing regulations in 44 CFR parts 59 through 79; (o) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8; (p) The Clean Air Act (42 U.S.C. § 7401, etseg.) and [he Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, etseg.) and the regulations adopted pursuant thereto (40 CFR, Part 6); (q) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (r) 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; (s) Contractor certiSes, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congers, an officer or employee of Congress, in connection with the awazding of any federal contmct, 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 Standazd Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (t) The American's with Disabilities Act (42 U.S.C. sec. 4151. el seg.); (u) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "improving Access to Services by Persons with Limited English Proficiency ("LEP"); (v) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and 2010-2011 ESG Contract Page 4 of IS 8-158 (w) Contractor 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 Contractor to comply with the requirements of any such obligation. B. 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. Contractor shall require sub- contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. C. Insurance. Contractor agrees to comply with the insurance requirements as set forth below: 1. General. Contractor must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect 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 of work. 2. Minimum Scooe of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Pluto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) L'&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual 1 i abi I ity. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including death), (Including operations, and property damage. If Commercial General Liability insurance with a general products and aggregate limit is used, either the general aggregate limit must apply separately completed operations, to this project/location or the general aggregate limit must be twice the required as applicable) occurrence limit. . Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage. i. Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each em to ee . Professional Liability $1,000,000 each occurrence ' or Errors & Omissions Liabili 2010-2011 ESG Contract Page 5 of li 8-159 4. 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 orself-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Contractor will provide a ftnancial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies aze to contain, or be endorsed to contain, the following provisions: (a) Additivnallusureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability azising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf ofthe Contractor, including providing materials, parts or equipment famished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primarylnsurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (c) Cancellakvn. The insurance policies required 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. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) ,4ctiveNegligeuce. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) WaivervfSubrogativn. Contractor insurer will provide a Waiver ofSubrogation in favor of the City for each required policy providing coverage for the term required by this contract. ZO10-2011 ESG Contract Page 6 of 15 5-160 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage aze written on a claims-made form: (a) ReboDate. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceotabiliri of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of Califomia with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of Califomia 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. 8. Verification of Covemee. Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies 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. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or famish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obli ations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE II. CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Contractor for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $XX X .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. 2. Limitation. With regazd to compensation stated in Article II, section A.l, above, Contractor maybe 2010-2011 ESG Contract Page 7 of IS 8-161 reimbursed 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. 3. Comnensation 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% ofthe total agreed compensation will be paid during the performance of this contract. The balance due shall be paid upon certification by Contractor that all ofthe required services have been completed. Payment by City is not to be constmed 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. 4. 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 al] contracted funds within the term of the contract. hi 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. ARTICLE III. ETHICS A. Financial Interests of Contractor Disclosure Required. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Consultant" for the purposes of the Political Reforn Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." 2. No Particination in Decision. Regazdless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this contract. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this contract. 4. Promise Not to Acquire Conflictive Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a 2010-2011 ESG Contract Page 8 of IS 8-162 conflict of interest as prohibited by the Fair Political Practices Act. Duri to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Contractor warrants, represents and agrees: (a) That neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently haue any interest, directly or indirectly, whatsoever in any property which may be the subject matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Contractor Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. (d) That Contractor may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Contractor's responsibilities under this contract, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. General Requirement. Ciry 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, awazds, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2010-2011 ESG Contract Page 9 of 15 8-163 2. Additional Requirement. Contractor and its successors, assigns, and guazantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements oY'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 ofthe contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be govemed by the laws of the State of Califomia. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Contractor obligation to defend, at Contractor' 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. Contractor shall pay and satisfy anyjudgment, 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. 4. Insurance Proceeds. Contractor'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. 5. Declarations. Contractor's obligations under Article IV shall not be limited by any prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article N. 7. Survival. The foregoing indemnities shall survive the expiration or termination ofthe 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 Califomia. 2010-2011 ESG Contract Page 10 of 1S 8-164 ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty 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. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. 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 under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Ageement except as set forth herein. C. Termination of Contract for Cause. Contractor and City recognize that the City is the governmental entity which executed the grant ageement received pursuant to the City's application and [hat City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the contract, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions ofthis contract, and City may withhold any reimbursement payments from Contractor for the purpose ofset-offuntil 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. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze and audit 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 five (5) yeazs after the end of the grant term. This provision also applies to subcontractors and Contractor will require subcontractors to comply with this provision. 2010-2011 ESG Contract Page 11 of IS 5-165 B. Disclosure. The Contractor understands that client infornation 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 Contractor's responsibilities with respect to services provided under this contract, is prohibited by federal privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guazdian. C. Quarterly Reports/Consolidated Annual Performance Evaluafion Report (CAPER). Contractor shall provide the City with a quarterly report, submitted no later than fifreen (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). D. Due Dates. 1. Quarterly Report due dates are: October 16, January 15, April 16, and July I5. 2. Year-End Report due date is July ] 5, 2011. ARTICLE VIL PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety(90)calendardaysfollowingProjectcompletionortennination by City, Contractor agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Contractor agees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any urunet requirements set forth in a written notification from City ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. TheCityManagerordesigneeshalladministerthiscontractonbehalfofthe City. The Executive Director of South Bay Community Services shall administer this contract on behalf of the Contractor Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this contract. B. 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. 2010-2011 ESG Contract Page 12 of IS S-~ss Services of the Contractor shall start on the l~` day of July 2010 and end on the 30`h day of June 2011. With City approval, the term of this contract and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of ESG funds. C. Actions on Behalf of [he City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor 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. D. No Obligations to Third Parties. In connection with the Project, Contractor 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, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or azbitration shall be brought arising out of this contract, 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 from time to time be amended, the provisions of which aze 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, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. F. Attorney's Fees. Should a dispute arising out of this contrnct 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 incun•ed. The "prevailing party" shall be deemed to be the party who is awazded substantially the relief sought. G. 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 contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and constmed in accordance with the laws of the State of California. Any action arising under or relating to this contract 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 contract, and performance hereunder, shall be the City of Chula Vista. I. 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. J. 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. 2010-2011 ESG Contract Page 13 of 15 8-167 K. 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 certifted mail, postage prepaid, addressed to: Contractor: South Bay Community Services Executive Director Address City, CA 9191X City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 (Signature page to follow.) 2010-201 I ESG Contract Page 14 of 15 8-168 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City 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 Services Executive Director 2010-2011 ESG Contract Page 15 of IS 5-169 ATTACHMENT A "SCOPE OF WORK" TRANSITIONAL HOUSING PROGRAM 2010-2011 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, will develop a treatment plan so that the client can work to re-establish self-sufficiency and end their homelessness. A. Emergency Shelter Grant eligible activities: 1. Essential Services (42 U.S.C. 11374 and 24 CFR Part 576 31: Contractor staff will provide case management, childcaze, and transportation tokens to residents in order to re-establish self- sufficiency. 2. Operations (42 U.S.C. 11374(a) and 24 CFR Part 576.21 (al(3): Includes funding for staff salaries and other operating costs For B. Scone of Services: ^ Contractor will operate a transitional housing facility located at (City of Chula Vista) in compliance with the Policies and Procedures Manual for Fiscal Year 2010-201 ] . ^ Contractor will provide mental health counseling, trauma related services, and assistance in finding housing and substance abuse services. ^ Contractor will provide childcaze for clients participating in classes, job seazches, and other program activities. Contractor will provide bus tokens so clients can attend classes ^ Contractor will provide safe and stable housing for homeless clients, most of whom are domestic violence victims, and their children. ^ Contractor will provide for basic needs (food, shelter, clothing, and other needed items) for clients fleeing a domestic violence situation and other homeless clients. C. Obiectives: Contractor shall meet the following objectives: 1. 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. 2. Objective 2: By June 30, 2011, 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. D. Performance Measurement: The short term transitional housing facility will serve extremely low- income homeless individuals and families that meet HUD's definition of homelessness. E. Outcome Evaluation 2010-2011 ESG Contract Attachment "A" -Scope of Work and Budget 8-170 ^ Outcome 1: Maintain case files documenting beginning status of activities (e.g. housing, no income, no bank account), compazed 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. F. Documentation of Homelessness: Contractor shall maintain adequate documentation ofhomelessness status to determine The eligibility of persons served by HUD's homeless assistance programs. The documentation information shall be obtained from 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 cazs, parks, sidewalks, abandoned buildings, on the street; ^ In an emergency shelter; ^ In transitional or supportive housing for homeless person who originally came from the streets or emergency 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 dischazged 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. G. 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 Article II, section A, (Gifu Oblieations- Compensationl of this contract. 2010-201 t ESG Contract Attachment "A" -Scope of Work and Budget 8-~~~ Activity ' Essential Services Costs 24 CFR 576.3: ' To[al Essential Services Activity O erational Costs 24 CFR 576.21 a ~3 TOTAL ESG $ 0 H. 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 rewrds 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. 2010-2011 ESG Contract Attachment "A" -Scope of Work and Budget 8-172 ATTACHMENT ~°B" 2009 San Diego Income Limits Median Income: $74,900 Exvematy Lo~v Incvme ~"erv Lou Tacoma Loa' Incovx a.mq 30% 3~% AO°(o SO%. 60% 65%. 70% 80% size Income. L~come .Income L~come Income Llcome Incmne Inemne on"E 517,550 52D,250 523,150 52S )00 534,630 $37.60D b30.450 546150 rwo S19,850 523.100. 526.4=0 $3;,050 539.660 54?,950 5=16,250 SS2900 TIIItEE 822.30D 526.000 $29,',50 $37.110 544,580 $45,350 SS2,000 559500 FOCA $24,300 528.400 533.050 $41.3.00 599,j6D 553,100 55';.800 $66:100 fl~E $26,800 $31100 535,700 $4.600 553.5'_0 555.000 $62.900 $'1,300 SIX 528,150 533,500 538,350 .$42900 $57,80 562,300 $67,D50 $16,700 sES~ $30.750 S35.Sj0 531,000 $5k?00 561,440 566,600 $71.G5D SSI.950 EIGFR 532.'50 536.1 j0 S93.650 $54.500 S6j,400 510,900 $76,300 $8'.250 2010-201 I ESG Contract Attachment "B" -Income Limits 8-173 Sample Documentation of Homelessness Partitlpant Name: Referral Source: Phone: Current Living Situation (Check one): 'vin Situation umentation Re uve Residing in a place not meant for human Agency staffioutreach workers should prepare written infonnafion obtained from an identlfied third habitation such as a cars, parks, sidewalks, party regarding the participant's recent whereabouts. Statement must be signed and dated. abandoned butldin s, on the street esiding in an emergency shelter. Written verification (signe an ate an on agency letterhead om emergency shelter sra that the individual k residin in the shelter. esi ing in transitional or supportive housing or dtten verification (signe an ate an on agency etterhead) om the transitional ousing homeless persons who originally came from the facility staff: streets or an emergency shelter ^ Indicating the individual k a resident there; and ^ The individual's was either residing in places not meant for human habitation or an emer enc shelter when he/she entered the facili n any of the above places but 6 spending a short ^ Written verification (signed, dated and on agency letterhead) from the d'acharging time (up to 30 consecutive days) in a hospital or institution's staff that the participant has been residing in the institution forless than 30 other instltufion days, and ^ Information on the previous living situation. Preferably, th¢ will be the insiution's wdtteq signed, and dated verification on the individual's homeless staNS when he/she entered the institution. C ff the institution's staff did not verify the individual's homeless status upon entry into the institution, ou will need to ved that status ourself, accordin to the insWCfions above. being evicte within a week from a private Agency staff/outreach workers should obtain a copy of eviction forms an written ven'cadon dwelling unit and no subsequent residence has that the person lacks resources and support nehvorks. Statement must be signed and dated. been identified and the person lacks the resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habitation eing discharge within a week from an ^ Written vedficason (signed, dated and on agency letterhead) from the discharying instufion in which the person has been residing institution's staff that the pa[d<ipant has been residing in the insttution for/as than 30 for more than 30 consecutive days and no days; and subsequent residence has been identified and the person lacks the resources and support needed to 0 Information on the previous living situation. Preferably, this will be the institution's written, ' obtain housing. signed, and dated verification on the individual s homeless status when he/she entered the institution. ^ ff the instilufiods staff did not verify the individual's homeless status upon entty info the institution, you wAl need to verify that status yourself, according to the insWCfions above ^ Verifv the lack of resources fleeing a omesfic violence housing siuation Agency staff/outreach workers should prepare written infonnafion obtained from the participant and no subsequent residence has been identified statlng the person is fleeing a domestic violence situation. Satement must be signed and and the person lacks the resources and support dated networks needed to obtain housing. C Vedfy the lack of resources including support networks 7 Obtain co ies 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 2010-2011 ESG Contract Attachment "B" -Income Limits 8-174 ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy 101-O1, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed.'IUe 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, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in [he business (comoration/oartnershiol entirv. 3. If any person* identified in section 1 above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the INST. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. 5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes^No^ of the financial interest the official** 6. Has any person* anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this contrail, projector application, made a campaign contribution ofmore than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No^Yes^ which Council 7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the pas[ twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? 2010-2011 ESG Contract Attachment "C" -Disclosure Statement $-~~rJ 8. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of $500 or more [o an official** of the City of Chula Vista in the past twelve (12) months? Yes^No^ the official** and the nature of the income Signature of Contractor/Applicant Print or Type name of Contractor/Applicant * Person is defined as: any individual, firm, co-parmership,joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the CiTy, and City employees or staff members. *** This Disclosure Statement must be completed at [he time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. 2010-2011 ESG Contract Attachment "C" -Disclosure Statement 8-176 City of Chula Vista Federal Grant Programs NMI wt Draft 2010 -2015 Consolidated Plan and 2010 -2011 Annual Action Plan (Year 1 of the 2010-2011 Consolidated Plan) Draft Report March 29, 2010 City of Chula Vista 2010-2015 Consolidated Plan and 2010 Action Plan Prepared for The City of Chula Vista Housing Division Redevelopment & Housing 276 Fourth Avenue Chula Vista, California 91910 Prepared by BBC Research & Consulting 3773 Cherry Creek N. Drive, Suite 850 Denver, Colorado 80209-3868 303.321.2547 fax 303.399.0448 www. bbcresearch.com bbc@bbcresearch.com M RE.SE..AI2:C3- 8L CcarAzsul~TrN GLOSSARY ACS: American Community Survey, an update to the decennial Census from the U.S. Census Bureau. The 2005 to 2007 3-year estimate was used during this report. AFFORDABLE HOUSING: Affordable housing is federally defined as housing where the occupant is paying no more than 30 percent of gross income for gross housing costs including utility costs. AIDS: Acquired Immune Deficienry Syndrome AIDS AND RELATED DISEASES: The disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome ALCOHOL/OTHER DRUG ADDICTION: A serious and persistent alcohol or other drug addiction that significantly limits a person's ability to live independently AMI: Area median income for the metropolitan statistical area established by HUD and updated annually ASSISTED HOUSEHOLD OR PERSON: For the purpose of identification of goals, an assisted household or person is one, which during the period covered by the annual plan, will receive benefits through the Federal funds, either alone or in conjunction with the investment of other public or private funds. The program funds providing the benefit(s) may be from any funding year or combined funding years. A renter is benefited if the person takes occupancy of affordable housing that is newly acquired, newly rehabilitated, or newly constructed, and/or receives rental assistance through new budget authority. An existing homeowner is benefited during the year if the home's rehabilitation is completed. Afirst-time homebuyer is benefited if a home is purchased during the year. A homeless person is benefited during the year if the person becomes an occupant of transitional or permanent housing. Anon-homeless person with special needs is considered as benefited, however, only if the provision of supportive services is linked to the acquisition, rehabilitation, or new construction of the housing unit and/or the provision of rental assistance during the year. Households or persons who will benefit from more than one program activity must be counted only once. To be included in the goals, the housing unit must, at a minimum, satisfy the HUD Section 8 Housing Quality Standards (see 24CFR Section 882.109) ASSISTED LMNG: Housing for individuals or families who are not physically able to care for themselves full time to maintain an independent living environment CDBG: Community Development Block Grant CMI: Chronically Mentally Ill COST BURDEN (> 30%): The extent to which gross housing costs, including utility costs, exceed 30 percent of gross income, based on data published by the U.S. Census Bureau CITY OF CHULA VISTA GLOSSARY, PAGE 1 EXTREMELY LOW INCOME: Households whose incomes do not exceed 30 percent of the median for the area FAMILY: The Bureau of Census defines a family as a householder (head of household) and one or more other person living in the same household who are related by birth, marriage or adoption FOR RENT: Year-round housing units that are vacant and offered/available for rent. (U.S. Census definition) FOR SALE: Year round housing units offered/available fox sale only FRAIL ELDERLY: An elderly person who is unable to perform at least 3 activities of daily living (i.e., eating, dressing, bathing, grooming, and household management activities). (See 24 CFR 889.105.) HOME: HOME Investment Partnerships Program HOUSEHOLD: All persons who occupy a housing unit Housing Audtority: The Housing Authority of the County of San Diego, which administers the Section 8 Housing Choice Voucher program, on behalf of the City of Chula Vista HUD: U.S. Department of Housing and Urban Development INDEPENDENT LMNG: People living with disabilities or HIV disease, whether AIDS diagnosed, symptomatic or a symptomatic, and others who are physically capable of caring for themselves on a full time basis. Also used to define housing for the elderly without supportive services LEAD BASED PAINT: Paint containing lead that can elevate lead levels in the blood of children and cause developmental delays LOW AND MODERATE INCOME: The terms "persons of low and moderate income" and "low- and moderate-income persons" mean families and individuals whose incomes do not exceed 80 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. LOW INCOME: Households whose incomes do not exceed 80 percent of the median income for the area, as determined by HUD with Adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of HUD's findings that such variations axe necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. NOTE: HUD income limits are updated annually and are available from local HUD offices (This term corresponds to low and middle income households in the CDBG Program). MEDIAN FAMILYINCOME: The income where half the families in an area had incomes above that figure and half below. This figure changes by family size. PAGE 2, GLOSSARY CITY OF CHULA VISTA MIDDLE INCOME: Households whose incomes are between 81 percent and 95 percent of the median income for the area, as determined by HUD, with adjustments for smaller or larger families, except that HUD may establish income ceilings higher or lower than 95 percent of the median for the area on the basis of HUD's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (This definition is different from that of the CDBG Program) MINORITYCONCENTRATION: Areas of the City where the concentration of racial or ethnic minority populations is 10 percent or greater than their total citywide representation MODERATE INCOME: The term "persons of moderate income" means families and individuals whose incomes exceed 50 percent, but do not exceed 80 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. NON-HOMELESS PERSONS WITH SPECIAL NEEDS: Includes frail elderly persons, persons with AIDS, disabled families, and families participating in organized programs to achieve economic self- sufficiency NON-INST1TU770NAL: Group quarters for persons not under care or custody. (LJ.S. Census definition used) OCCUPIED HOUSING UNIT: A housing unit that is the usual place of residence of the occupant(s) OTHER INCOME: Households whose incomes exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families OTHER LOW INCOME: Households whose incomes are between 51 percent and 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of HUD's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes OVERCROWDED: HUD defines an overcrowded unit as having more than one person per room RTFH: San Diego Regional Task Force on the Homeless SANDAG: San Diego Council of Governments Section 8: Section 8 Housing Choice Voucher program, administered by the Housing Authority of the County of San Diego, which provides rental assistance for market rate rental units SERVICE NEEDS: The particular services identified for special needs populations, which typically may include transportation, personal care, housekeeping, counseling, meals, case management, personal emergency response, and other services to prevent premature institutionalization and assist individuals to continue living independently SEVERE MENTAL ILLNESS: A serious and persistent mental or emotional impairment that significantly limits a person's ability to live independently CITY OF CHULA VISTA GLOSSARY, PAGE 3 SEVERELY COST BURDEN (> 50%): The extent to which gross housing costs, including utility costs, exceed 50 percent of gross income, based on data published by the U.S. Census Bureau SHELTERED: Families and persons whose primary nighttime residence is a supervised publicly or privately operated shelter, including emergency shelters, transitional housing for the homeless, domestic violence shelters, residential shelters for runaway and homeless youth, an any hotel/motel/apartment voucher arrangement paid because the person is homeless. This term does not include persons living doubled up or in overcrowded or substandard conventional housing. Any facility offering permanent housing is not a shelter, nor are its residents homeless SSI: Supplemental Security Income SUBSTANDARD CONDITION AND NOT SUITABLE FOR REHAB: By local definition, dwelling units that are in such poor condition that they axe neither structurally nor financially feasible for rehabilitation SUBSTANDARD CONDITION BUT SUITABLE FOR REHAB: By local definition, dwelling units that do not meet standard conditions but are both financially and structurally feasible for rehabilitation. This does not include units that require only cosmetic work, correction, minor livability problems or maintenance work. TBRA: Tenant Based Rental Assistance, a program administered like Section 8 Housing Choice Voucher program that provides rental assistance to low income residents TRANSITIONAL HOUSING: HUD defines it as a project that has as its purpose facilitating the movement of homeless individuals and families to permanent housing within a reasonable amount of time (usually 24 months). Transitional housing includes housing primarily designed to serve deinstitutionalized homeless individuals and other homeless individuals with mental or physical disabilities and homeless families with children. VERYLOW INCOME: Households whose incomes do not exceed 50 percent of the median for the area PAGE 4, GLOSSARY CITY OF CHULA VISTA EXECUTIVE SUMMARY EXECUTIVE SUMMARY City of Chula Vista Consolidated Plan Purpose of the Consolidated Plan Beginning in fiscal year 1995, the U.S. Department of Housing and Urban Development (HUD) required local communities and states to prepare a Consolidated Plan in order to receive federal housing and community development funding. A Consolidated Plan is required of any city, county or state that receives federal block grant funding for housing and community development funding, including the Community Development Block Grants (CDBG), Emergency Shelter Grants (ESG), the HOME Investment Partnerships Program and the Housing Opportunities for People with AIDS (HOPWA) program. Consolidated Plans are required to be prepared every three to five years; updates are required annually. The purpose of the Consolidated Plan is: 1. To identify a city's, county's or state's housing and community development (including neighborhood and economic development) needs, priorities, goals and strategies; and 2. To stipulate how funds will be allocated to housing and community development activities. This report is the FY2010-2015 Five-year Consolidated Plan for the City of Chula Vista (City). Annually, the City receives almost $3 million together in federal CDBG, HOME and ESG funding. HOPWA funds are granted to the largest jurisdiction within a County (in this case, the City of San Diego). The City of San Diego contracts with the County of San Diego to administer HOPWA funds for the San Diego Region. Annual Action Plan. In addition to the Consolidated Plan, jurisdictions receiving block grant funding must complete an annual Action Plan. The Action Plan designates how the jurisdictions propose to spend the federal block grant funds in a given program year. Chula Vista submits its Action Plan to HUD in May of each year. The 2010/2011 Action Plan is completed with the Five-year Consolidated Plan and submitted to HUD in May 2010. CAPER. The Consolidated Annual Performance and Evaluation Report (CAPER) is also required annually. The CAPER reports on how funds were actually spent (v. proposed in the Action Plan), the households that benefited from the block grants and how well the jurisdiction met its annual goals fox housing and community development activities. Chula Vista submits its CAPER to HUD in September of each year. Fair housing requirement. HUD requires that recipients of its block grant funds take actions to affirmatively further fair housing choice. As such, an Analysis of Impediments to Fair Housing Choice (Al) every three to five years. In general, the AI is a review of impediments to fair housing choice in the public and private sector. San Diego County completed a draft regional AI in conjunction with its incorporated areas, including Chula Vista, in late 2009. The AI is to be finalized in Apri12010 and will be included as part of the public comment period fox the Consolidated Plan. BBC RESEARCH bi CONSULTING EXECUTIVE SUMMARY, PAGE 1 Compliance with Consolidated Plan Regulations Chula Vista's FY2010-2015 Consolidated Plan was prepared in accordance with Sections 91.100 through 91.230 of the U.S. Department of Housing and Urban Development's Consolidated Plan regulations. Lead and Participating Organizations The Chula Vista Housing Division is the lead organization within the City which coordinates the Consolidated Planning process. The division receives the following block grants from HUD annually: CDBG. The Community Development Block Grant is both the oldest and largest of the HUD programs for housing and community development. CDBG can be used for a variety of activities including: ^ Construction and rehabilitation of community facilities including those that help special needs populations (e.g., community centers, homeless shelters); ^ Removal of accessibility barriers from public buildings; ^ Loans or grants to business for job training and hiring of lower income workers; ^ Demolition of property; ^ Provision of operating dollars to social service organizations; ^ Public infrastructure improvements (streets, sidewalks); and ^ Direct homeownership assistance. HOME. The HOME Investment Partnerships Program was created in 1990. This program provides federal funds for a variety of housing activities including construction of affordable housing; rehabilitation of affordable housing; acquisition of buildings for affordable housing; homebuyer down payment assistance and counseling; and tenant-based rental assistance. ESG. The Emergency Shelter Grant program funds programs that help persons who are homeless and their families. ESG can be used for shelter rehabilitation; operations and maintenance of a homeless facility; supportive services for persons who are homeless (e.g., job training or child care); and homeless prevention activities. The City retained BBC Research & Consulting (BBC) of Denver to complete the 2010-2015 Five-year Consolidated Plan. The citizen participation process for the Consolidated Plan and Action Plan was completed by the city. PAGE 2, EXECUTIVE SUMMARY BBC RESEARCH Si CONSULTING Top Housing and Community Development Needs Public outreach included meeting with social service agency Stakeholders as well as residents for development of the five-year plan. The following priority needs were identified: Public Meetings ^ Permanent housing for families ^ Job training ^ Day Centers fox the homeless ^ Short-term/Transitional shelters for families ^ Free/low cost activities for youth during the critical (evening) hours ^ Transportation services for youth (to and from activities) ^ Transportation services for seniors ^ Case management to connect families to services ^ Substance abuse treatment Resident Survey ^ Community facilities. Health care, parks and recreation and fire stations/ equipment ^ Infrastructure. Street/alley improvements, sidewalk improvements ^ Special needs. Family self-sufficiency program, homeless shelter and services for neglected/abused children ^ Community services. Anti-crime programs, youth services, health services ^ Neighborhood services. Cleanup of abandoned buildings, code enforcement graffiti removal ^ Business and jobs. Jobs creation and retention. ^ Affordable rental housing, homeownership assistance, lead-paint abatement. In addition, the quantitative research conducted for the Consolidated Plan found the following needs: ^ Annually, renters are paying about $7,400 (using Fair Market Rent History) more in rent costs than in 2000. To manage this increase in costs, their annual income must have increased by $25,000. According to the U.S. Census, the median income of renters in Chula Vista increased by just $5,800 between 2000 and 2008. ^ About 1,300 renters earning less than $15,000 and 2,500 renters earning between $15,000 and $25,000 cannot find affordable rental units and are cost burdened. These Chula Vista residents are at risk of becoming homeless. ^ Households who want to buy in Chula Vista must earn more than $75,000 before a quarter of homes on the market are affordable for them. ^ Cost burden increased substantially during the decade. C-wners paying more than 30 percent of their household income in housing costs rose from 34 percent in 2000 to 53 percent in 2008. For renters, cost burden rose from 42 percent in 2000 to 63 percent in 2008. ^ Given the rises in housing prices described above~ven with recent price declines-many low- income households in Chula Vista have housing needs, especially those residents who have special needs. The City has been very progressive in its approach to housing needs, which has mitigated the needs that would exist if current housing policies and programs were not in place. BBC RESEARCH SL CONSULTING EXECUTIVE SUMMARY, RAGE 3 Based on these identified needs, the top housing and community development needs for this Consolidated Plan period include: 1. Infrastructure. Street/alley improvements, sidewalk improvements. 2. Business and iobs. Jobs creation and job training. 3. Housing yriorities. Affordable rental housing, homeownership assistance, lead-paint abatement. 4. Neighborhood services. Cleanup of abandoned buildings, targeted code enforcement, graffiti removal. 5. Community services. Crime prevention programs, youth services, health services. 6. Special needs. Family self-sufficiency programs, homeless shelters and services for neglected/abused children. 7. Community faci/ides. Neighborhood centers, health care facilities, park and recreation centers and fire station(s)/equipment. Priority Needs Given the findings listed above, the Ciry of Chula Vista has established the following priority needs which will guide funding during the five-year Consolidated Planning period: Housing priorities. The city's top housing priorities during the next 5 years are: 1. Affordable rental housing for low and moderate income households. Targeted grouvs: Extremely and very low income households and special needs households; Low and moderate income households. Basis for yriority: 1) Gaps analysis that showed a shortage of 3,800 rental units for households earning $25,000 and less; 2) Input from stakeholders that identified programs that prevent and mitigate homelessness as highly needed; 3) Analysis of special needs populations housing and social service needs. 2. Maintenance and preservation of existing housing stock. Taroeted grouvs: All low income owners and owners with special needs. Moderate income households. Basis for vriority: 1) Aging housing stock, presence of mobile homes and housing stock with lead-based paint hazards (as many as 7,000 housing units). PAGE 4, EXECUTIVE SUMMARY BBC RESEARCH St CONSULTING 3. Homeownership opportunities. Targeted arouos: All low and moderate income renters wanting to be owners. Basis for priority: 1) Gaps analysis that showed that households must earn $75,000 before a quarter of fox sale housing units are affordable. Also based on analysis in Section III that demonstrates that for sale prices, especially for detached homes, are still largely unaffordable to workforce, even with the downturn in the housing market. Community development priorities. The city's top community development priorities during the next 5 years are: 1. Infrastructure improvements in low and moderate income neighborhoods. Tameted activities: Street and sidewalk improvements in low income areas Flood prevention and drainage improvements 2. Community facilities. Targeted arouos: Facilities serving youth Park and recreational and neighborhood facilities Facilities serving other special needs populations Health and child care facilities 3. Special needs and homeless priorities. The city serves special needs and homeless populations by funding public services at the federally mandated 15 percent of CDBG cap. Public services. The priority groups to which public services funds will be directed include: Highe.rtpriority -Populations needing basic/essential services (food, housing, emergency services) Medium priority -given to special needs populations (at-risk youth, family violence, disabled persons). ADA improvements. Accessibility needs of the physically disabled. Transitional and homeless housing and services. 4. Economic Development priorities. The city serves local businesses by funding job creation/job training activities. - Job Training opportunities to assist person obtain full-time employment. BBC RESEARCH ST CONSULTING EXECUTIVE SUMMARY, PAGE 5 Five-Year Strategic Plan and One-Year (2010) Action Plan Chula Vista has established the following housing and community priorities and objectives/outcomes to guide the use of funds for 2011-2015 program years. Each objective lists several funding priorities for the five year consolidated planning period. Within these priorities, the City has identified resources to meet these objectives. The resources provided are for the 2010/2011 program year and are subject to change each year. However, the priorities shall remain the same. Housing objectives. The housing priorities and objectives the City of Chula Vista plans to achieve using HUD block grant funds include: Priority 1: Produce affordable rental units for low and moderate income households. Objective: Provide 150 affordable housing units (30 households annually). Resources: ^ Deve/ooment Services-Housing Division: Production of Affordable Housing: HOME entitlement funds will be utilized for affordable housing development, housing site improvements, predevelopment costs and other activities to stimulate housing for lower income persons in the City. ^ Balanced Communities-Affordable Housing Po/icy: The City of Chula Vista's Housing Element of the General Plan states that any development over 50 units must provide 10 percent of the units for low and moderate income households, with at least one-half of those units (5 percent of project total) being designated for low-income households. ^ Mobilehome Rent Review Ordinance and Commission; The city's Rent Review Ordinance allows park owners to raise space rent by the Consumer Price Index (CPI) once per year if residents are on a month-to-month lease. Without this control, space rents would continue to rise. As a result, park residents would face a severe cost burden. ^ Section 8 Rental Assistance Payments/Vouchers: The Housing Authority of the County of San Diego administers a Section 8 Rental Assistance Program to provide affordable housing opportunities to low income renters. Priority 2: Maintain and preserve the city's housing stock. Objective: Maintain and/or preserve 20 Housing Units (4 housing units per year) Resources: Community Housing Zmnrovement Program (CHIP): Continued successful implementation of the City's Community Housing Improvement Program (CHIP) which provides favorable loans to low-income homeowners to preserve and rehabilitate deteriorating homes and to provide greater accessibility for those with physical disabilities. Eligible rehabilitation activities include water conservation, energy efficiency, and lead-based paint abatement. Priority 3: Provide homeownership assistance and other programs to help renters become homeowners. Objective: Provide 25 affordable housing units (5 households annually). PAGE 6, EXECUTIVE SUMMARY BBC RESEARCH Si CONSULTING Resources: ^ Mortgage Credit CertiFcate Program (MCC): The MCC program allows eligible buyers to take 20 percent of their mortgage interest as a tax credit on the federal income taxes. To be eligible for the MCC program in non-targeted Census tracts, a household must be a first- time homebuyer, buy a home in Chula Vista, and earn less than 115 percent of area median income. ^ Chu/a Vista Pre- and Post-Purchase Counse/ina Program: Courses are held throughout the region with pre- and post purchase counseling services. ^ Chula Vista First Time Homebuver Program: This City program helps families earning up to 80 percent of AMI through a soft second on their first home purchase. ^ Reissued Mortgage Credit Certificate Program (RMCC): This program allows an existing MCC holder to refinance their mortgage and continue utilizing the benefit of having an MCC. Community development objectives. Priority 1: Provide for needed infrastructure improvements in lower and moderate income target areas. Objective: 10 projects over 5 years benefiting 10,000 persons residing within the Census Tracts. Resources: ^ Annua/ ADA Curb Ramvs: This is an annual program. This project provides for the construction of concrete wheelchair ramps throughout the city. Existing pedestrian facilities lack wheelchair ramps which limits the mobility of physically challenged residents. The construction of wheelchair ramps will increase the mobility of these residents. Curb cuts are a requirement of the Americans with Disabilities Act (ADA). Priority 2: Provide for needed infrastructure improvements benefiting low and moderate income persons. Objective: Provide over 10,000 with improved infrastructure. Resources: ^ Third Avenue Street Imvrovement Proiect: This project provides for the ultimate street improvements including curb, gutter and sidewalk, as well as pavement rehabilitation. This section of Third Avenue is highly traveled by both vehicular and pedestrian traffic and is sub-standard both in terms of street section and missing sidewalks. Section 108: The City Of Chula Vista received $9.5 in Section 108 Loan Guarantee funds to assist with the installation of new curbs, gutters and sidewalks eight streets located in the southwest area of the City. The proposed streets are located in Census Tracts 13102 and 13203, which contain more than 68.5% low/moderate income persons. BBC RESEARCH Si CONSULTING EXECUTIVE SUMMARY, PAGE 7 Priority 3: Continue to improve the quality of existing community facilities. Objective: 10 public facilities over 5 years. Resources: ^ Lauderbach Public Faci/itv Imvrovements: Interior and exterior improvements to include: Install outside building security lighting and surveillance cameras to reduce the risk of crime, drug and alcohol abuse by providing a well lit facility along with surveillance cameras to identify and deter criminal activity. Priority 4: Pursue the ability to provide funding for business programs to encourage job training and job creation. Objective: Create 8-12 jobs (2-3 full-time jobs annually). Resources: ^ No resources will be allocated in 2010-2011. In 2005 the Department of Housing and Urban Development (HUD) conducted an audit on the City's use of CDBG, including economic development activities. The audit revealed that the economic development activities the City had undertaken were not eligible. For this reason, the City was instructed by HUD not fund any economic development related activities until directed by HUD. From 2005 until 2009, the City has restored its good status with HUD. The City will prepare a strategic plan which will address any concerns HUD had with the City's capacity to manage said activities. Special needs and homeless objectives. Priority 1: Continue to fund public services at the federally mandated 15 percent cap. Objectives: Assist 2,500 people with Public Services ranging from: Youth; Victims of Domestic Violence; and, Elderly Resources: ^ Meals on wheels: Daily delivery of up to two meals for seven days a week, 365 days a year to Chula Vista seniors age 62 and over. ^ Kidcare Exvress Medical Mobi/e Unit: Program provides primary healthcare services to low income, medically underserved children and families in Chula Vista in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities by providing families with the healthcare they need, when and where they need it. EXECUTIVE SUMMARY, PAGE 8 BBC RESEARCH & CONSULTING ^ Lutheran Soc/a/ Serv/ces Proiect Hand: Program maintains a food pantry, which provides basic food staples and other hygiene items to very low income Chula Vista residents. ^ Food 4 Kids Backvack Program: The program provides a backpack full of child-friendly food to children who are on the free breakfast or lunch program at their elementary school, but show evidence of suffering from hunger over the weekend. ^ Lauderbach Neighborhood Center: This program will provide various services serving low income persons. Provider to be selected. ^ Adult Dav Hea/th Care: Enable transportation to doctor appointments and day center by providing MTS tokens to seniors. ^ Fami/V Vio%nce Treatment: Program provides therapeutic counseling and crisis services to adult and child victims of family violence. Services include; but not limited to a focused 24-hour, 7-day a week immediate crisis response, comprehensive strengths- based assessments and safety planning for DV victims and their children; treatment planning; age-appropriate group and individual counseling for children, victim support groups crisis intervention; a unique pre-school focused on children. ^ Serv/ces for Hiah-R/sk and Home%ss Youth: Provide high risk youth with the services, support and opportunities they need to lead healthy and productive lives, avoiding further contact with law enforcement and gang involvement. ^ Assessment Referral and Emeroencv Sere/ces: Provide families with assessment and referral services as well as emergency services (food, clothing, etc.). ^ Lutheran Soc/a/Services Car/ng Ne/ahbor: Program offers minor home repair services to Chula Vista seniors and persons with disabilities who are low or very low income. ^ Chu/a V/sta Veteran Home Rehabi//tation: Purchase of a rehabilitation equipment needed for use at the rehabilitation center as a public service activity. ^ WizKidz Program: Program operates out of the Otay Recreation Center and provides scheduled supervised activities which include arts/crafts, field trips, nutrition classes, guest speakers, games and sports tournaments. ^ Foreclosure Assistance Program: Funds will be used to contract with aHUD-approved housing counselor to assist Chula Vista residents who are at risk of foreclosure. Priority 3: Continue to support programs offering emergency and transitional housing opportunities for homeless families and individuals. Homeless assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive services based on income level. Objectives: Support 2000 homeless persons (40 homeless persons annually). BBC RESEARCH & CONSULTING PAGE 9, EXECUTIVE SUMMARY Resourres: ^ Emeroencv Shelter Program: HUD-funded Emergency Shelter Grant Program provides grants to local governments and to non-profit corporations fox the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain operating and social service expenses in connection with the emergency shelter. ^ County of San Diego Voucher Program: The City of Chula Vista continues to financially support the voucher program administered by the County of San Diego. This program provides hotel/motel vouchers to homeless families and individuals through the winter months of November through April. ^ Lutheran Socia/Services Proiect Hand: the City of Chula Vista provides financial assistance to this program which dispenses food to homeless families and individuals. ^ Thursday's Meal: This program provides meals to homeless families and individuals. Chula Vista financially supports this program. ^ Ecumenical Council of San Diego's Interfaith Shelter Network: Provide rotational winter night time shelter at nine congregations in the South Bay for approximately 18 weeks. Services include meals, overnight supervision, showers, and case management. ^ Regional Task Force on the Homeless -Regional Task Force on the Homeless: The RTFH provides information and referral services to homeless service agencies, individuals and local government jurisdictions and publishes for the public homeless information reports that address homeless services, the homeless population profile and homeless funding. The RTFH also operates a HUD mandated Homeless Management Information System that allows service agencies to track homeless client information through a central database and conducts the homeless count needed to pursue HUD's Supportive Housing Program funding for the region. RAGE 10, EXECUTIVE SUMMARY BBC RESEARCH Si CONSULTING SECTION I. Introduction SECTION I. Introduction This section introduces the Consolidated Planning process for the City of Chula Vista 2010-2015 Consolidated Plan. Purpose of the Consolidated Plan Beginning in fiscal year 1995, the U.S. Department of Housing and Urban Development (HUD) required local communities and states to prepare a Consolidated Plan in order to receive federal housing and community development funding. A Consolidated Plan is required of any city, county or state that receives federal block grant funding for housing and community development funding, including the Community Development Block Grants (CDBG), Emergency Shelter Grants (ESG), the HOME Investment Partnerships Program and the Housing Opportunities for People with AIDS (HOPWA) program. Consolidated Plans are required to be prepared every three to five years; updates are required annually. The purpose of the Consolidated Plan is: 1. To identify a city's, county's or state's housing and community development (including neighborhood and economic development) needs, priorities, goals and strategies; and 2. To stipulate how funds will be allocated to housing and community development activities. This report is the FY2010-2015 Five-year Consolidated Plan for the City of Chula Vista (city). Annually, the City receives almost $3 nullion together in federal CDBG, HOME and ESG funding. Annual Action Plan. In addition to the Consolidated Plan, jurisdictions receiving block grant funding must complete an annual Action Plan. The Action Plan designates how the jurisdictions propose to spend the federal block grant funds in a given program year. Chula Vista submits its Action Plan to HUD in May of each year. The 2010/2011 Action Plan is completed with the Five- year Consolidated Plan and submitted to HUD in May 2010. CAPER. The Consolidated Annual Performance and Evaluation Report (CAPER) is also required yearly. The CAPER reports on how funds were actually spent (v. proposed in the Action Plan), the households that benefitted from the block grants and how well the jurisdiction met its annual goals for housing and community development activities. Chula Vista submits its CAPER to HUD in September of each year. Fair housing requirement. HUD requires that recipients of its block grant funds take actions to affirmatively further fair housing choice and, as such, an Analysis of Impediments to Fair Housing Choice (AI) every three to five years. In general, the AI is a review of impediments to fair housing choice in the public and private sector. San Diego County completed a draft regional AI in conjunction with its incorporated areas, including Chula Vista, in late 2009. The AI is to be finalized in early 2010. BBC RESEARCH Hi CONSULTING SECTION I, PAGE 1 Compliance with Consolidated Plan Regulations Chula Vista's FY2010-2015 Consolidated Plan was prepared in accordance with Sections 91.100 through 91.230 of the U.S. Department of Housing and Urban Development's Consolidated Plan regulations. Lead and Participating Organizations The Chula Vista Development Services Housing Division is the lead organization within the city which coordinates the Consolidated Planning process. The division receives the following block grants from HUD annually: ^ CDBG. The Community Development Block Grant (CDBG) is both the oldest and largest of the HUD programs for housing and community development. CDBG can be used for a variety of activities including: > construction and rehabilitation of community facilities including those that help special needs populations (e.g., community centers, homeless shelters); > removal of accessibility barriers from public buildings; > loans or grants to business for job training and hiring of lower income workers; > demolition of property; > provision of supportive service dollars to social service organizations; > public infrastructure improvements (streets, sidewalks); and > downpayment assistance for homeownership. ^ HOME. The HOME Investment Partnerships Program was created in 1990. This program provides federal funds for a variety of housing activities including construction of affordable housing; rehabilitation of affordable housing; acquisition of buildings for affordable housing; first time homebuyer assistance and counseling; and tenant-based rental assistance. ESG. The Emergency Shelter Grant (ESG) program funds programs that help persons who are homeless and their families. ESG can be used for shelter rehabilitation; operations and maintenance of a homeless facility; supportive services for persons who are homeless (e.g., job training or child care); and homeless prevention activities. The city retained BBC Research & Consulting (BBC) of Denver to complete the Five-year Consolidated Plan. The citizen participation process for the Consolidated Plan and Action Plan was completed by the city. PAGE 2, SECTION I BBC RESEARCH & CONSULTING Organization of Report The Consolidated Plan is organized into six sections and four appendices. ^ Section I is the introduction to the report. ^ Section II provides a demographic, economic and housing market overview of Chula Vista. ^ Section III contains a review of the housing needs of special populations. For the purpose of the Consolidated Plan, special populations include elderly, particularly frail elderly; persons with physical disabilities; persons with developmental disabilities; persons with severe mental illnesses; persons with substance abuse problems; persons with HIV/AIDS; at-risk youth; victims of domestic violence and persons who are homeless and at-risk of homelessness. ^ Section IV reports the findings from the public outreach process conducted by Chula Vista. ^ Section V contains the Ciry's Five-year Strategic Plan. ^ Section VI contains the City's 2010 Action Plan. The Appendices include: ^ Appendix A -Consolidated Plan Certifications and SF 424. ^ Appendix B -Required HUD tables and proposed projects. ^ Appendix C -The Citizen Participation Plan. ^ Appendix D -Public comments received during the development of the Consolidated Plan and 2010 Action Plan in the 30-day public comment period. BBC RESEARCH Ht CONSULTING SECTION I, PAGE 3 SECTION II. Community Profile SECTION II. Community Profile This section summarizes the basic demographic and employment characteristics of residents of Chula Vista, drawing from statistics provided by the San Diego Association of Governments (SANDAG), the U.S. Census Bureau and the State of California's Employment Development Department. When appropriate, this section compares Chula Vista with other areas in San Diego County. Summary ^ The City of Chula Vista reached a population of approximately 230,000 persons in 2008, a 33 percent increase from 2000. On average, the city added 7,200 residents per year between 2000 and 2008. Chula Vista is the second largest city in San Diego County after the City of San Diego.' ^ As a whole, Chula Vista's age has remained young, with a median age of 33.2 years in 2008; in 2000, the median age of the city's population was 33 years. Part of the reason that Chula Vista has not aged as quickly as other communities in San Diego County is the city's ability to accommodate young families' housing preferences and needs. ^ Chula Vista is diverse racially and ethnically, has a relatively low poverty rate and has experienced strong growth in high income households since 2000.2 ^ According to SANDAG estimates, through 2030 Chula Vista will have the fastest growth rate among any city within San Diego County. However, the recent decline in the housing market is likely to dampen this growth, the extent to which is currently unknown. Population and Resident Characteristics SANDAG, the San Diego area's planning agency, estimated the City of Chula Vista's 2008 population at 231,305 persons, representing an increase of 33 percent (or approximately 57,749 persons) since 2000. On average, the city added 7,200 residents per year between 2000 and 2008. Chula Vista is projected to contain approximately 290,000 residents in 2020 and 316,000 residents in 2030. Exhibit II-1 charts population growth (both historical and projected) for the city from 1990 to 2030. ' Population estimates are taken from the San Diego Association of Governments (SANDAG). z American Community Survey 3-year estimates 2006-2008 (ACS) BBC RESEARCH $t CONSULTING SECTION II, PAGE 1 Exhibit II-1. 350,000 31 Population, Chula Vista, 300,000 - - - 2s9,3oa 1990 to 2030 231,305 248.174 250,000 ,. € t" r 200,000 173 556 E ~'~ , t Source: ~,.,~~ , 3 , s; SANDAG Current Estimates (2008) and 150,000 135,163 b~ x~sr SANDAG 2030 Regional Growth Forecast. 100,000 [;f'„";, ~~ ~r '` ~ . ,'' ,. 1990 2000 2008 2010 2020 2030 The rapid growth experienced in Chula Vista since 1990 is expected to continue throughout the next 20 years. SANDAG estimates that through 2030, Chula Vista will have the fastest growth rate among any city within San Diego County. However, the recent decline in the housing market is likely to dampen this growth, the extent to which is currently unknown. Exhibit II-2 displays the growth rates by city throughout San Diego County. As the map demonstrates, Chula Vista, along with San Marcos and Carlsbad, experienced substantial growth relative to the rest of the county. Exhibit II-2. Population Growth by City, 2000 t0 2OOH Source: SANDAG. S TA ~`1 i Legend No Growth €:ess than 1096 10.046 to 25.046 ~' 23.046 or more .. ~ ... ~~ ~~ ~ K L < SOLANA BEACH ~ pOWAY DfllNAR ` ,,r^~ ~, ,~ 1 i ~ -5A7~,~1' ~~- ~SANTEF/"r ~ .~ l 1 ~° ~..~~ ~ Y ' EL~cAIoN - -~.-~. -~r-- °~ -- "~ ''. ~~~ -~~~'LA MESA ~,` , '~ t`--~ i f"'"' CORONADO NATIONAL CfTY IMPLRfAt~ ~:"` ~ - BEACH ~ '' ~~ _r~_ vtsra PAGE 2, SECTION II BBC RESEARCH St CONSULTING Age characteristics. As the Baby Boomer generation ages, the age distribution of the United States is shifting. Chula Vista is no exception to this trend. From 2000 to 2008, Chula Vista's resident population aged 50 to 64 grew by 60 percent, and its resident population aged 65 and older grew by 30 percent. Chula Vista also experienced higher than average growth in its youngest residents: the population of young children between the ages 0 and 4 grew by 59 percent. This compares to an overall population growth of 33 percent over the same time period. The average age of Chula Vista's population in 2000 was 33.0 years; by 2008, the average age had increased only slightly to 33.2 years. Adults (ages 25 to 44) constituted the largest age group in both 2000 and 2008, with 38 and 35 percent of the total population respectively. Exhibit II-3 compares Chula Vista's 2000 and 2008 population by age group. Exhibit II-3. Age Characteristics, Chula Vista, 2000 and 2008 R' ~ ~ u.rr, ~' z. ~_ ~ ., ::I ~ ~ F 4 a 1 his ~ .; f Sv. ~ +. ~~ y ~1 ..'. ~fi.J .•.i il~~~ ~~ .Ny yr~ "f .c ~Yw:s~...... f• ~ ..t..n.: a.. .. . r .n. ~Sriu i.-.tr..*i.,~-c...e.~ ... :.. Preschool (0-4) 13,558 8% 21,553 9% 59% School Age (5-17) 36,297 21 % 43,861 19% 21 % Young Adults (18-24) 16,289 9% 24,819 11% 52% Adults (25-49) 66,057 38% 80,592 35% 22% Baby Boom (50-64) 22,226 13% 35,535 15% 60% Seniors (65+) 19,129 11% 24,945 11% 30% Total 173,556 231,305 33% Median Age l 33 33.2 I% Source: U.S. Census 2000 and SANDAG Current Estimates 2008. Household characteristics. According to the Census, Chula Vista contained 57,705 households3 in 2000. By 2008, this number had increased to 75,123 households, representing an increase of 30 percent. SANDAG estimates Chula Vista will contain 93,480 households by 2020 and 98,994 households by 2030. Exhibit II-4 displays the historical and projected number of households for Chula Vista. Exhibit II-4. 9s,99a Households, Chula 100,000 93,48 81,188 Vista, 2000-2030 so,ooo 7s,I23 68,498 60,000 57,705 Source: U.S. Census Bureau Census 2000, SANDAG Current Estimates (2008), and SANDAG 2030 40,000 Regional Growth Forecast Update. 20,000 ~ T ~ T T~-.""" 2000 2004 2008 2010 2020 2030 3 Households are defined by the U.S. Census Bureau as: "A household includes all the people who occupy a housing unit as their usual place of residence." Housing units aze defimed as: "A house, an apartment, a mobile home or trailer, a group of rooms, or a single room occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building and which have direct access from outside the building or through a common hall. For vacant units, the criteria of separateness and direct access are applied to the intended occupants whenever possible." BBC RESEARCH & CONSULTING SECTION II, PAGE 3 In 2008, 78 percent, or 55,419 households, of all Chula Vista households were classified as "family" households by the Census. This includes married couples, both with and without children, as well as other types of families. A slight majority of married couples had children (21,933 households) when compared to married couples without children (16,891 households). Compared to 2000, Chula Vista contained the same proportion of married couples with children and 3 percent more "other family" households in 2008; which includes single men and women without a spouse present. Exhibit II-5 compares the household characteristics of Chula Vista from 2000 and 2008. Exhibit II-5. Household Characteristics, Chula Vista, 2000 and 2008 ~;~• - Family Households 43,955 76% 55,419 78% 26% Married with Children 17,577 31% 21,933 31% 25% Married no Children 14,996 26% 16,891 24% 13% Other Families 11,382 20% 16,595 23% 46% Non-Families 13,671 24% 15,219 22% 11% Total 57,626 100% 70,638 100% 23% Average Household Size 1.99 3.13 4.7% Source: U.S. Census Bureau Census 2000 and American Community Survey 3-year estimates 2006-2008 (ACS) Race and ethnicity. 2008 SANDAG estimates showed Chula Vista to be a diverse city, with no single race or ethnicity representing a large majority of the population. The American Community Survey (ACS) reported Chula Vista to contain 50 percent Hispanic residents, 28 percent White residents, 13 percent Asian residents and 4 percent Black or African American residents. The remaining 4 percent included those recorded as Native Americans, Two or More Races and Some Other Race. Chula Vista is one of two entitlement communities where more than half of the population is ethnically Hispanic. SANDAG estimates that in 2008, the population in National City was 61 percent Hispanic and 26 percent Non-White. The city's diversity is projected to increase slightly in the future: By 2030, Chula Vista's Wlute population is expected to fall from 28 to 19 percent of the total population, offset by growth in other racial and ethnic categories. The city's Hispanic population is expected to increase slightly, from 50 to 52 percent of the total population. Exhibit II-6 displays the historical and projected racial and ethnic distribution of Chula Vista in 2008, 2010, 2020 and 2030. Exhibit II-6. Race and Ethnicity, Chula Vista, 2008 to 2030 Note: While we typically report race and ethnicity as separate characteristics because of Census format, we have elected to combine the two in order to utilize SANDAG's race and ethnicity projections. Source: SANDAG 2030 Regional Growth Forecast Update. American Inidian or Alaska Native Asian Black or African American Hispanic White Some Other Race Two or More Races 0.3% 0.4% 0.5% 0.5% 13.4% 14.1 % 14.5% 14.6% 4.2% 4.2% 4.996 5.7% 50.4% 50.5% 51.4% 52.0% 27.9% 25.7% 22.4% 19.3% 0.7% 1.7% 2.0% 2.0% 3.1 % 3.3% 4.4% 5.7% PAGE 4, SECTION II BBC RESEARCH $t CONSULTING The Hispanic population within Chula Vista occupies nearly 50 percent of housing units. Among these households, 98 percent speak Spanish as the primary language in the household.4 Hispanic households are more likely to be family households than the general population; 85percent of all Hispanic households axe family households compared to 78 percent of all households. This is important for housing because families demand larger units and may desire different housing types and amenities than non-families (e.g., homes with larger yards, in close proximity to parks and recreation) Exhibit II-7 displays the household type among Hispanic households in Chula Vista. Figure II-7. Hispanic Household Characteristics, Chula Vista, Source: American Community Survey 3-year estimates 2006-2008 (ACS) ~ ~ y ~ ~-~ ' Households 33,936 100% Family Households 28,757 8596 Married with Children 11,832 3595 Married no Children 6,937 2096 Other Families 9,988 2995 Non-Families 5,179 1596 Immigration. According to the ACS, slightly more than one-third of Chula Vista's 2008 population was born outside of the U.S. Of those born outside the U.S., 67percent were born in Latin America, 64 percent were born in Central America and 28 percent were born in Asia. Of the city's residents who are not foreign born, about half were born in California. Exhibit II-8 displays the breakdown of Chula Vista's 2008 population by place of birth and, fox those born outside the U.S., region of birth. Exhibit II-8. Immigration and Place of Birth, Chula Vista, 2008 k ~+i?~ ~ } ;. +.Z,Yyt'~i~+.~ i .,It+~l ~f ~s..., i s:iC~ ~, Lf-$$'.! Y } ~F«h~., mS..i..t~.. .1~ Total Population 223,867 100% Foreign Born Population 68,799 100% Native; 155,068 69% Europe 2,108 3% Born in the United States 149,190 6795 Asia 18,932 2896 State of Residence 111,892 50°x6 Latin America 46,204 6796 Different State 37,298 1796 CentralAmerica 44,175 6496 Born in Puerto Rico, South America U.S. Island areas or born and the Carribean 2,029 396 abroad to Americna parents 5,878 396 Other Area 1,555 2% Foreign Born 68,799 31% Source: American Community Survey 3-year estimates 2006-2008 (ACS) Educational attainment. Eighty-one percent of all Chula Vista residents have completed high school and 22 percent have earned a Bachelor's degree or higher. Comparatively, 80 percent of all California residents have completed high school and 30 percent have earned a Bachelor's degree or higher. Exhibit II-8 displays the educational attainment for Chula Vista's population in 2008. 4 American Community Survey 3-year Estimates, ?006-?008 BBC RESEARCH St CONSULTING SECTION II, PAGE 5 Exhibit II-9. Educational Attainment for Residents 18 Years and Older, Chula Vista, 2008 Source: American Community Survey 3-year estimates 2006-2008 (ACS) Less than 9th grade 12.,642 8% 9th to 12th grade, no diploma 16,871 11% High school graduate, GFA, or alternative 3b,428 23% Some college, no degree 42,278 27% Associate's degree 14,375 996 Bachelor's degree 24,622 16% Graduate or professional degree 10,168 b% Total 157, 384 100% Economic Landscape Housing affordability, which is examined in the following section, is closely linked to income and wage levels and job opportunities for residents. This section provides information on employment and household income for the City of Chula Vista. The labor force is comprised of Chula Vista residents who are of legal working age and working or actively looking for work. According to the California Employment Development Department's "Monthly Labor Force Data for Cities and Census Designated Places", as of December 2009, Chula Vista had a labor force of 91,500. Of these in the labor force, 80,800 of these were employed while 10,700 persons were unemployed and looking for work. This results in an unemployment rate of 11.7 5 percent. Unemployment. Chula Vista's unemployment rate has historically tracked closely to the rate in California and this remained true in December 2008: California's unemployment rate was approximately 12.2 percent while Chula Vista's unemployment rate was 12.0 percent. Compared to the United States, Chula Vista has typically had a higher unemployment rate. Exhibit II-10 compares the unemployment rates for Chula Vista, California and the U.S. from 2000 to 2009. Exhibit II-10. Unemployment Rates, Not Seasonally Adjusted, 1990-2008 Chula Ysta California -- - USA 100% 12% 9% "'• . s° i 096 2000 2001 2002 2003 2004 2005 2006 2007 2008 Nov. 2009 Note: At time of writing, annual data was unavailable for 2009. Source: State of California, Employment Development Department, Labor Market Information Division. 5 California Employment Development Department: Labor Force and Unemployment for Cities and Census Designated Places, http://www.labormarketinfo.edd.ca.gov/?pageid=133 PAGE 6, SECTION II BBC RESEARCH St CONSULTING Employment by Industiry. Data on employment by industry are only available on a regional level unless they are tracked locally. According to the Bureau of Labor Statistics (BLS), the largest percentage (42 percent) of San Diego County's workforce works in the Education and Health Services Industry. This industry includes educators from preschool through college level, technical or trade school employees, education support services, and health care professionals such as doctors, nurses and social assistance workers. Of all goods-producing industries Trade, Transportation and Utilities is the most common area of employment, representing 18 percent of all San Diego County jobs followed by Manufacturing (8 percent; or the second most likely area ofgoods-producing employment). The average weekly wage for all industries in San Diego County was $944 in 2008 or $49,088 annually. Information industry employees were paid the highest weekly wage ($2,110 or $109,720 annually) and Leisure and Hospitality employees were paid the lowest weekly wage ($418 or $21,736 annually). Exhibit II-11 displays the industrial distribution for employed San Diego County residents in 2008. Exhibit II-11. Employment by Occupation Industry, San Diego County, Z~~$ Source: SANDAG Current Estimates ~zoos> r ... i'. ~~aeY e ~-r~'~`~ .,r31°Iy.`. a. 'F:i' Goods-Producing Natural Resources and Mining 10,966 0.896 $ 558 Construction 76,039 5.896 $ 1,019 Manufacturing 102,258 7.896 $ 1,256 Trade, Transportation and Utilities 230,780 17.644, $ 750 Service-Producing Information 40,363 3.196 $ 2,110 Financial Activities 75,780 5.896 $ 1,167 Professional and Business Services 216,872 16.696 $ 1,166 Education and Health Services 256,956 19.696 $ 880 Leisure and Hospitality 175,045 1 3.496 $ 418 Other Services 57,702 4.496 $ 480 Public Administration 61,285 4.796 $ 1,271 Unclassified 5,562 0.496 $ 731 Total Employment, All Industries 1,309,608 S 944 Top employers. According to the 2009Chula Vista Consolidated Annual Financial Report (CAFR), the top ten employers in the city comprised a total of 38 percent of all employment in the city. Similar to County employment, nearly 25 percent of employed residents in Chula Vista work in education or healthcare. The largest private employer in the city is Rohr Inc./Goodrich Aerospace, comprising slightly more than 4 percent of all employment in the city. Exhibit II-12 below displays the top ten employers in the City of Chula Vista. In general, the city's top employers represent relatively well paying industries. BBC RESEARCH $t CONSULTING SECTION II, PAGE 7 Exhibit II-12. Top Ten Employers, Chula Vista, 2009 Sweetwater Union High Schoo! District School 4,435 9% Chula Vista Elementary School District School 2,753 6% Southwestern Community College District School 2,400 5% Rohr Inc./Goodrich Aerospace Aerospace 1,903 4% Sharp Chula Vista Medical Center Healthcare 1,799 3% City of Chula Vista Government 1,350 4% Scripps Mercy Hospital Chula Vista Healthcare 1,079 2% Wal-Mart Big Box/Retail 950 2% United Parcel Service Service 627 t% Target Big Box/Retail 604 1% Total 17,900 38% Source: Chula Vista Comprehensive Annual Financial Report, FY 2009. Income. According to the 2008 ACS, the median household income fox Chula Vista was $65,466. Relative to cities in the southern region of San Diego County (including Imperial Beach, National City, Lemon Grove, La Mesa, El Cajon, San Diego City, and Coronado); Chula Vista has a high median household income. The median household income throughout San Diego County is slightly higher ($63,727) mainly due to the higher income costal communities north of San Diego City (Encinitas, Del Mar, Solana Beach, Carlsbad, and Poway). The median income in Chula Vista varies considerably by race and ethnicity. Native Hawaiian or other Pacific Islander households earned the highest median household income ($78,998) in the city while Black or African American households earned the lowest median household income ($45,919). White households earned less than the median at $64,033. Exhibit II-13 displays the median household incomes by race and ethnicity for Chula Vista fox 2008. Exhibit II-13. Median Household All Households Income by Race and Ethnicity, Chula Vista, Asian 2008 Black or African American Hispanic/Latino Source: American Community Survey 2008. Native Hawaiian or Other Pac'rfic Islander Not Hispanic/Latino White Some Other Race Two or More Races -^ 565,466 ,}' rvw~r L~q ~ 3... _u ~.. .. ..«..... a .~: .. .. r .... , $78,068 z. .~~~',, ,.45,919 ' _ - ..1a.F="+, 857,607 .t T`^t Yt 3^^S .~Tz: :~~~.~ .;uav ...>4'z5~ ~N:. ...~. ....,78,998 m..r,~^.~ ,~.~,._ .r '`.~`i E64,033 562,161 i~ ........ W....:.». ~.~,~..s:~... . . ~~ , ~ .iv r 864,657 b0 E20,000 840,000 860,000 880,000 8700,000 PAGE 8, SECTION II BBC RESEARCH Ht CONSULTING According to the ACS, 9 percent of Chula Vista households (or 5,763 households) earned less than $15,000 in 2008 and about 25 percent earned less than $35,000. The largest percentage of all households (18 percent) earned between $50,000 and $75,000 in 2008. At the other end of the income spectrum, 10 percent of all households earned more than $150,000 in 2008. Exhibit II-14 displays the income distribution of Chula Vista households in 2008. Exhibit II-14 Household Income Distribution, Chula Vista, 2008 Source: American Community Survey 2008. I~ ~ ~ ~ .~i »ptS F ~ a u> . ~-y L'... 1 1 Tt ,.. Less than $70,000 3,138 596 $10,000 to $14,999 2,625 4% $15,000to $24,999 6,252 996 $25,000 to $34,999 5,996 996 $35,000 to $49,999 8,392 1296 $50,000 to $74,999 12,590 1896 $75,000to $99,999 11,644 1796 $100,000 to $149,999 11,794 1796 $150,000to $199,999 4,900 796 $200,000 or more 2,153 3% Total 69,484 SANDAG produced an interesting comparison of Chula Vista's household income distribution in 2000 and 2008, using real 1999 dollars.G This comparison revealed that the number of households earning small incomes, particularly below $30,000 a year, either grew by a very low rate or decreased since 2000, whereas the number of households earning more than $150,000 annually more than doubled. This indicates that higher income households have been moving into the city and/or their incomes have been growing, while lower income households have not grown in numbers. Exhibit II-15 displays these findings. Exhibit II-15. Household Income Distribution (in 1999 dollars), Chula Vista, 2000 and 2008 Note: Income distributions for both 2000 and 2008 reflect incomes in 1999 values. Source: SANDAG Current Estimates (2008). f~~F Y~j C:7 ~ ~ d k S ~. } bF -A t f 3 ~. ~ ' .w - . a »». . ... ...z.c.. ...-.....a.f........... I .. ..... .. w~~a... s.F..:{~ »..... Ah. .iL.L~F.d.. ... . Less than $15,000 7,404 7,211 (193) -396 $15,000-$29,999 10,730 11,189 459 496 $30,000 - $44,999 10,755 12,504 1,749 1696 $45,000-$59,999 8,320 10,503 2,183 2696 $60,000 - $74,999 6,789 9,550 2,767 4196 $75,000-$99,999 6,817 10,369 3,552 5296 $100,000-$124,999 3,318 5,649 2,331 7096 $125,000-$149,000 1,696 3,336 1,640 9796 $150,000-$199,999 1,116 2,642 1,526 137% $200,000 or more 681 1,477 796 11796 G This indicates that the 2008 household incomes were adjusted to be equivalent to the 2000 household incomes. In other words, the adjustments made ~1 in ?008 equal to $1 in ?000 by accounting for inflation and other factors. BBC RESEARCH St CONSULTING SECTION II, PAGE 9 The majority of household income analysis, particularly for housing purposes, is based on the Area Median Income (AMI) or median family income (MFI) as established by the U.S. Department of Housing & Urban Development. For 2009, the San Diego region MFI equaled $74,900. HUD classifies households earning less than 30 percent of the MFI as "extremely low income," those at 50 percent of the MFI as "low income," those earning 80 percent of the MFI as "low income" and above that, moderate income. Exhibit II-15 displays this calculation by race and ethnicity. Exhibit II-16. Household Income by MFI by Race and Ethnicity, Chula Vista, 2008 American Indian or Alaska Native 0.7% NIA NIA NJA N/A Asian 13.196 10.196 4.496 16.696 68.8% Black or African American 5.1 % 12.9% 19.996 Z3.4% 43.7% Native Hawaiian or Pacific Islander 0.796 N/A N/A N/A N/A White 64.495 15.5% 14.5% 78.8% 51.1% Some other Race 1 3.396 18.796 14.196 23.096 44.196 Two or More Races 2.7% 18.3% 7.8% 17.8% 55.9% Hispanic/Latino 48.096 19.296 14.596 20.496 45.996 Not Hispanicllatino 37.5% 11.7% 13.8% 18.0% 56.4% All Households 100% 15.0% 13.0% 19.0% 51.5% Source: American Community Survey 3-year estimates 2006-2008 (ACS) and U.S. Department of Housing and Urban Development Income Limits 2009. For all Chula Vista households, 15 percent are classified as extremely low income, 13 percent are classified as very low income, 19 percent are classified as low income and 52 percent are classified as moderate/upper income (see bottom row of Exhibit). Nearly 20 percent of Hispanic/Latino households are classified as extremely low income; this is the highest percentage of any race or ethnicity for the income category. Asian households have the smallest percentage classified as extremely low income at 10.1 percent of all households. Income by age of householder. When examined by age of householder, Chula Vista's income spectrum shows a high percentage of the city's youngest and oldest households earning lower incomes. In 2008, 19.5 percent of households with the primary householder under the age of 25 were classified as extremely low income and 23.4. percent were classified as very low income. In combination, over 40 percent of the city's youngest households are considered extremely low income or very low income. Similarly, 34.1 percent of Chula Vista's households with the primary householder over the age of 64 were classified as extremely low income and 18.4 percent were classified as very low income. The income Exhibit II-17 displays Chula Vista's income distribution by age of householder. PAGE 10, SECTION II BBC RESEARCH & CONSULTING Exhibit II-17. Household Income by MFI by Age of Householder, Chula Vista, 2008 Under 25 Years 4.696 19.596 23.4% 35.896 21.396 25 [0 44 Years 40.996 10.096 1 1.696 20.896 57.696 45 to 64 Years 37.0% } 3.G% 1 1.0% 16.796 60.796 Over 64 Years 17.5% 34.1 % 18.4% 17.0% 30.5% All Households 100% 15.2% 13.1% 19.3% 52.4% Source: American Community Survey 3-year estimates 2006-2008 (ACS) and U.S. Department of Housing and Urban Development Income Limits 2008. Poverty. The City of Chula Vista overall has a poverty rate of 8.5 percent according to the ACS in 2008'. As shown in Exhibits 14 and 15, the likelihood of poverty is much higher among the City's youngest which is also exemplified in Exhibit II-18, displaying poverty rate among residents in Chula Vista by age. The highest poverty rates are found with Chula Vista residents younger than 18 while the next highest poverty rate was with young adults (9.5 percent). Exhibit II-18. Poverty Rates by Age, Chula Vista, 2008 Source: Preschool (0-4) 2,1 59 12.096 11.696 American Community Survey 2008. School Age (5-1 7) 6,518 14.596 35.0% Young Adults (18-24) 2,160 9.5% 11.696 Adults (25-54) 5,105 5.596 27.49'0 .:.:Baby Boom (55-64) 1,316 7.0% 7.196 Seniors (65+) 1,377 5.9% 7.4% Total 18,635 8.5% Poverty rates also vary by family type. According to the ACS in 2008, female householder families with no husband present and children under the age of 18, had the highest rates of poverty among families. More than 1 /5~ of these types of families that had children were below the poverty line in 2008. ' In 2009, the Federal poverty threshold was X22,050 for a family of four. BBC RESEARCH St CONSULTING SECTION II, PAGE 11 Exhibit II-19. Poverty Status in Last 12 Months by Family Type, Chula qll Famillies 3,391 6.3% VISta, 2008 With related children under 18 years 2,986 9.5% Source: With related children under 5 years 291 5.696 American Community Survey 2008. Married Couple Families 746 1.4% With related children under 18 years 581 2.885 With related children under 5 years 46 1.246 Female householder, no husband present 2,561 21.3% With related children under 18 years 2,360 27.545 With related children under 5 years 245 25.246 Poverty rates within the City vary geographically as well. The highest concentrations of households that earn less than $25,000 annually are located in the most western parts of the city. As shown in Section III, this is also the most affordable portion of the city. Exhibit II-20 below displays the percentage of households by census tract that earn less than $25,000 per year. Exhibit II-20 Percentage of Households Earning Less than $25,000, Chula Vista, 2009 C ;.~ 1 0 -°`~~ -~-~ ~ Chula Vista t, __ -~~ ~ e _ ~../'.. teyettd I ~.<.han t0.Q9b ~sl.~.~w . _... _ ., : ~.1 ~^ to ZQ:04b ~. .'i?,1 ~t4.~~.Q'+'~c _ 30.t~ormore Source: Claritas, 2009 PAGE 12, SECTION II BBC RESEARCH St CONSULTING SECTION III. Housing Market Analysis and Housing Needs for Special Needs Populations SECTION III. Housing Market Analysis and Housing Needs for Special Needs Populations This section of the Consolidated Plan contains the analysis of housing market conditions in the city, as required by Section 91.210 of the Local Government Consolidated Plan Regulations. This section also discusses the housing and community development needs of special needs populations in Chula Vista, pursuant to Sections 91.205, 91.210 and 91.215 of the regulations. Summary The housing market in Chula Vista, as well as much of Southern California, has experienced dramatic ups and downs since 2005. After very strong price increases in the earlier part of the decade, home prices dropped considerably during the past 2 years. According to the Census, the median value of an owner-occupied home in Chula Vista was $449,600 in 2008. In 2007, the ACS estimated the median at $569,000. Based on these estimates, the median has decreased by nearly $120,000 in just one year, or by 21 percent. Even with price decreases, for sale prices are still high enough in Chula Vista that households must earn more than $75,000 before a quarter of homes on the market are affordable for them. ^ Median rents countywide increased substantially during the decade: Between 2000 and 2009, the fair market rent for 2 bedroom units rose by $613/month. Annually, renters are paying about $7,400 more in rent costs than in 2000. To manage this increase in costs, their annual income must have increased by $25,000. According to the U.S. Census, the median income of renters in Chula Vista increased by just $5,800 between 2000 and 2008. ^ With the rise in home and rental prices rose in Chula Vista during the decade came a big increase in cost burden. Owners paying more than 30 percent of their household income in housing costs rose from 34 percent in 2000 to 53 percent in 2008. For renters, cost burden rose from 42 percent in 2000 to 63 percent in 2008. ^ Given the rises in housing prices described above~ven with recent price declines-many low- income households in Chula Vista have housing needs, especially those residents who have special needs. The City has been very progressive in its approach to housing needs, which has mitigated the needs that would exist if current housing policies and programs were not in place. Housing Market Analysis This section examines housing supply, housing demand, housing condition and cost/affordability. This section uses data from the San Diego Association of Governments (SANDAG), the U.S. Census Bureau American Community Survey for 2007and 2008. BBC RESEARCH & CONSULTING SECTION III, PAGE 1 Tenure. HUD defines tenure as the either renting or owning a housing unit. According to the U.S. Census, about 58 percent of housing units in Chula Vista were owner-occupied in 2000. Homeownership increased to 63 percent by 2008. The proportion ofrenter-occupied units had a corresponding decline from 2000 to 2008. Exhibit III-1. Tenure, Chula VISta , ~ Owner-Occupied Renter; Occupied 10046 .-..._.._ ...............:.-...--- 2000 and 2008 8046 57.596 63.346 Source: 6046 American Community Survey ~ 42.546 36.746 2008. 4045 2000 2008 According to the 2006 to 2008 ACS 3-year estimates, Chula Vista's homeownership rate is the seventh highest of cities with population over 20,000 in San Diego County after Poway, Santee, Carlsbad, Encinitas, Oceanside and Lemon Grove. Overcrowding. Typically, overcrowded housing units are a result of unaffordable housing stock or lack of supply of larger housing units, especially for large and extended families. In 2008, 5.8 percent of households in San Diego County had more than one person per room. Chula Vista has a slightly higher incidence of overcrowding at just over 6 percent, as shown in Exhibit III-2. Exhibit III-2. Overcrowding by Tenure, Chula Vista County, 2008 Note: Overcrowded households have more than one person per room. Source: American Community Survey 2008. ~ ~ _ y ~ ~ ` ' .~ :. ~~ t ~ ~ k 1~~~. .......~..ux~. ~ . r......... .t tit ~ yyl~th.'t-f~.. ...r6'3f.Y.. `..1.`t.:JF..iL.ti t Z ~-x ... . Owner-Occupied 0.50 Occupants or Less per Room 26,872 419,853 0.51 to 1.00 Occupants per Room 15,573 147,665 1.01 to 1.50 Occupants per Room 1,262 12,162 1.51 to 2.00 Occupants per Room 199 3,997 2.01 or More Occupants Room 83 1,630 Renter-Occupied 0.50 Occupants or Less per Room 9,525 230,426 0.51 to 1.00 Occupants per Room 13,311 179,282 1.01 to 1.50 Occupants per Room 1,498 25,877 1.51 to 2.00 Occupants per Room 573 10,353 2.01 or More Occupants Room 588 6,713 Percent of Housing that is Overcrowded 6.05% 5.85% Owner-Occupied 3.5146 3.0445 Renter-Occupied 10.4346 9.4996 Renters experience overcrowding at more than three times the rate of owners. Over 10 percent of renter- occupied housing units in Chula Vista are considered overcrowded. This compares to about 9.5 percent in the county overall. PAGE 2, SECTION III BBC RESEARCH $t CONSULTING Affordability. This section examines the affordability of Chula Vista's housing stock, beginning with affordability of for sale homes. For sale affordabi/itv, According to the American Community Survey, the median value of an owner-occupied home in Chula Vista was $449,600 in 2008. In 2007, the ACS estimated the median at $569,000. Based on these estimates, the median has decreased by nearly $120,000 in just one year, or 21 percent. San Diego County also experienced a significant drop in home values, although not as pronounced as Chula Vista. Over the same period, median household income rose by about 7 percent, from $60,986 in 2007 to $65,466 in 2008 according to the ACS. Exhibit III-3 shows the median housing prices in Chula Vista and the County in 2007 and 2008 according to the American Community Survey. ACS data are not yet available for 2009, but it is likely that the declines are significant. That said, given that the prices were so high to begin with, it is unlikely that homes became affordable to those who needed lower prices the most-the city's low- and moderate-income households. Exhibit III-3. Median Home Value, Chula Vista, 2007 and 2008 Source: 2007 and 2008 American Community Survey. The San Diego Association of Realtors (SDAR) maintains monthly and quarterly statistics on prices of homes sold in cities in San Diego County. In January 2010, 110 detached and 59 attached homes were sold in Chula Vista-a total of 169 homes. These homes represented 9 percent of the 735 attached and 1,162 detached homes sold countywide in January 2010. The sold detached homes were on the market an average of 67 days; the sold attached homes were on the market an average of 124 days.t In January 2010, the median price of sold detached homes ranged from a low of $312,000 for zip code 91911 to a high of $570,000 for zip code 91914. For attached homes, the median ranged from a low of $146,500 (zip code 91911) to a high of $211,000 (zip code 91915). Attached homes offer a much higher level of affordability for households. Chula Vista's median prices were about the same as those of the county overall: The median price of detached homes sold countywide was $364,000; the attached median was $210,000. Exhibit III-4 and III-5 displays the median home price in Chula Vista by zip code and separate for attached and detached homes, respectively, in January 2010. ~ San Diego Association of Realtors, MLS Statistics by Zip Code, January 2010. http: / /www.sdar.com/media/CurrentStats.pdf BBC RESEARCH & CONSULTING SECTION III, PAGE 3 Exhibit III-4. Median Home Price by Zip Code, Attached Single Family, Chula Vista, January 2010 Source: San Diego Association of Realtors. Exhibit III-5. Median Home Price by Zip Code, Detached Single Family, Chula Vista, January 2010 Source: San Diego Association of Realtors. " A ^ 11 Z ~rv~, 4 ~,.~, VlStp ~r II tz;~ man sa7s.ona °"~ ~ ';.... 523S.4oQ tx+LSSQ3,40Cs i ~ E354,pIX7 to 3t75,Utlo S42S,obo x+r rt+ore Renta/ affordabi/itv. HUD uses Fair Market Rents (FMRs) to determine payment standard amounts for the Housing Choice Voucher (Section 8) program, and serve as a rent ceiling in HOME rental assistance programs and for a variety of other programs. The FMRs are updated annually and can be used to measure rent changes in rental housing units over time.' The FMRs are published for the San Diego Metropolitan area region. The City of Chula Vista uses the regional FMRs. "FMRs include the shelter rent plus the cost of all tenant-paid utilities, except te-ephones, cable or satellite television service, and Internet service. Currently, "fair market" for the FMR defmition is the 40th percentile rent-that is, the dollar amount below which 40 percent of the standard-quality rental housing units in the private market are rented. FMR data available at http://www.huduser.org/portal/datasets/fmr.html. PAGE 4, SECTION III BBC RESEARCH St CONSULTING Exhibit III-6 displays the historic and current FMRs for San Diego County. Since 2002, the FMR in San Diego County has been above $1,000. To afford an apartment of more than $1,000 per month, renters must earn more than $40,000 annually. Exhibit III-6. Fair Market Rent, 2 Bedroom Apartments, San Diego County, 1985 to 2010 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 Source: U.S. Department of Housing & Urban Development. Between 2000 and 2009, the FMR rose by x'613/month, a very large increase. Annually, renters are paying about $7,400 more in rent costs than in 2000. To manage this increase in costs, their annual income must have increased by $25,000. According to the U.S. Census, the median income of renters in Chula Vista increased by just $5,800, between 2000 and 2008. As shown in the FMR exhibit, rent prices in increased slightly between 2007 and 2009, before declining in 2010. Exhibit III-7 displays the one-year change in median gross rent in Chula Vista and San Diego County based on Census figures. (Median gross rent includes the rent paid plus utilities). Exhibit III-7. Median Gross Rent, Chula Vista, 2007 and 2008 Source: American Community Survey, 2007 and 2008. Median gross rent rose by over five percent between 2007 and 2008 in Chula Vista, which outpaced the countywide increase in gross rent by two percentage points. Increases in rent rates may be reflective of new demand for rental housing related to the tightening in mortgage lending and the general decline in homeownership. Cost burden. Cost burden serves a gauge for the change in affordability of local housing markets. When a household is paying more than 30 percent of its monthly income in housing costs (including basic utilities), it is "cost burdened." In 2008, the ACS estimated that 63 percent of renter households in the city paid more than 30 percent of their monthly income toward rent and utilities; this equaled approximately 16,000 renter households. In 2000, 42 percent of renters were cost burdened, or about 10,000 renter households. This is a significant increase in the cost burden percentage from 2000. There were about 6,000 more cost burdened renter households in the city in 2008 than in 2000. BBC RESEARCH Ht CONSULTING SECTION III, PAGE 5 Slightly more than half of owner-occupied households were also cost burdened. This is also a substantial increase from 2000, when 34 percent of owners were cost burdened. Exhibit III-8. Cost Burden, Chula Vista, 2000 and 2008 ^ 2«>o zoo l Source: American Community Survey 2008; and US Census 2000. 63.296 ........52.896......... 34.495 41.696 Owner-Occupied Renter-Occupied Levels of cost burden were higher in Chula Vista than in California as a whole, where 51 and 42 percent of renters and owners, respectively, were cost burdened. Gaps in supply and demand. To understand more specifically where the housing market in Chula Vista fails to meet residents' needs, a "gaps analysis" was performed. This section reports the results of this analysis. The gaps analysis exercise compares the supply of housing at various price points to the number of households who can afford such housing. If there are more housing units than households, the market is "oversupplying" housing at that price range. Conversely, if there are too few units, the market is "undersupplying" housing. Renters. According to the ACS, 64 percent of Chula Vista's rental units are priced under $1,175 per month; 36 percent rent for more. Just 14 percent of units rent for less than $575 per month. This compares with 31 percent of the City's renters who cannot afford to pay more than $575 in rent costs. Exhibit III-9 compares the number of Chula Vista households at various income ranges with the supply of rental units. The column on the far right shows the mismatch between supply and demand. For example, there are 3,402 renters in the City who earn less than $15,000 per year and can only afford to pay $325/month or less in rent. There are 2,086 units available to serve these renters-leaving a difference, or shortage, of 1,316 units. This is an area where the City has rental housing needs. another income range with rental need is for renter households that earn between $15,000 and $25,000. There is a shortage of over 2,500 units affordable to households in this range. Once renters earn $35,000 and more-including those earning $50,000 and more-they can fmd many affordable rental units. although there appears to be shortage of higher-priced rental units available to households earning more than $75,000, the 7,500-unit oversupply priced for households earning between $35,000 and $74,999 would likely be rented by households earning more than $75,000. PAGE 6, SECTION III BBC RESEARCH Ht CONSULTING Exhibit III-9. Rental Gap, City of Chula Vista, 2008 50 E14;999 3,402 13% S 325 2,086 796 -1,316 tl -._ g..'q,9oo 4,c~7 lc:~t f ,, _ .._ T+~ ., -. 125,000 134,999 3,773 15% S 800 4,607 1696 _ 834 ,rte 1,49.vov ~i5_'~ 15'ti~ b l,l?`~ '~7 5496 _.901 550,000 174,999 4,997 20% b 1.800 6,664 23% 1,667 1 ~< ~x~ l9o,ooq L,n94 11w, c _ a K~ ~a> 8~i~ 33a 5100,000 5149,999 1,712 7% 5 3,650 1,528 596 -184 5150,000 E500,000 437 2% b 3,650 0 0% -437 Total 25,495 100% 29,070 100% Source: BBC Research & Consulting and the American Community Survey 2008 Potential buyers. Exhibit III-10 compares the number of Chula Vista renter households at various income ranges to the supply of ownership units. The column on the fax right shows the mismatch between proportions of renters and the homes they may purchase. For example, 15 percent of renter households in Chula Vista earn between $35,000 and $50,000. The most these renters could pay for a home is $175,567. In 2008, they could afford about 9 percent of all homes on the market. The "difference in proportions" column shows the difference between the proportion of renters and the proportion of units in their affordability range. When the proportion becomes positive, then there is an ample supply of affordable homes for renters to consider purchasing. This doesn't occur, however, until the $75,000 to $100,000 income range. Exhibit III-10. Market Options for Renters Wanting to Buy, City of Chula Vista, 2008 SO - 514,999 3,402 1396 $ 52,6b8 496 1090 al ., - 'j~?4.JVU 4.(,, i 1F'~4, 5 ,'4,~ ~,*-~ (~~4 -lbw $25,600 - 534,999 3,773 1596 $ 122,896 196 796 -1496 b 5 ?r-~ - b4~ qqo ,SS; 15N~ S 1 ~5 56' 1~1,_~ 9~b -1440 550;000 - 574,999 4,997 2096 >i 263,352 796 1596 -1396 Y7C,0^^ - 49u.99v 2.094 119v $ 351.15.' 14'it 29's, 4''c, 5100,006 - 1149,999 1,712 796 b 526,707 3696 6596 29% $150,000 - $500,000 437 2% $ 1,755,701 35% 100% 33% Total 25,495 100% 100% Source: BBC Research & Consulting and the American Community Survey 2008 BBC RESEARCH Ht CONSULTING SECTION III, PAGE 7 Unlike renting, there is a shortage of for sale units available to renter households earning less than $75,000. In many markets, renters earning $50,000 can afford 20 to 30 percent of the homes for sale. In Chula Vista, however, renters must earn $75,000 before 29 percent of units are affordable. This means that it is challenging for typical workforce and/or first time homebuyers to buy in the City. That said, Chula Vista offers slightly more affordability than the City of San Diego or many other parts of the county, making the city attractive to young families, recent graduates and new workforce3. Special Needs Housing Due to lower incomes and the need for supportive services, special needs groups are more likely than the general population to encounter difficulties finding and paying for adequate housing and often require enhanced community services. In addition to the elderly and frail elderly, the groups discussed in this section include: ^ Persons with physical disabilities; ^ Persons with developmental disabilities; ^ Persons with severe mental illness; ^ Persons with substance abuse problems ^ Persons with HN/AIDS; ^ Military personnel and veterans; ^ At-risk youth; ^ Victims of domestic violence; and ^ Persons experiencing homelessness and at risk of homelessness. The methodology used to gather and analyze information for the housing and non-housing needs assessment involved a variety of tasks including review and analysis of secondary data and existing studies on the housing needs of special populations including persons who are homeless and who have special needs. Assisted Housing The City of Chula Vista has many affordable rental apartments available to low income residents and residents with special needs. The units that are specifically targeted to special needs groups are described in this section. In addition, persons with special needs may access (depending on availability) any of the assisted units in the city, which are presented in the following exhibit. Hy comparison, a similar gaps analysis conducted for the county found that 20 percent of units were affordable to renters earning between X75,000 and S100,000; Chula Vista has 29 percent. PAGE 8, SECTION III BBC RESEARCH Ht CONSULTING Exhibit III-il. Affordable Rental Housing ... - ~ ~~:,: f,,.:.. ~, ~.__~ --.~.a;r~ ~ s~` _~~ ~ '.~...----r' ,w~--` - ~ ~. ~,~ } f } ~ '~ ~~ Asa 1. A Point of View 16. Palomar Family Apartments 2. Canterbury Court Senior Apartments 1 7. Trolley Terrace Townhomes 3. Eucalyptus Grove Family Apartments 18. Dorothy Street Manor 4. Park Fifth Avenue Senior Apartments 19. Los Vecinos 5. Town Centre Manor Senior Apartments 20. Brisa del Mar 6. Park Way West Senior Apartments 21 . Oak Terrace Senior Apartments 7. Congregational Tower Senior Apartments 22 Melrose Manor Family Townhomes 8. Silvercrest Senior Apartments 23. Villa Serena Senior Apartments 9. Seniors on Broadway 24. Cordova Village 10. L Street Manor 25. Harvest Ridge Senior Apartments 11 . St. Regis Park Apartments 26. Sunrose Apartments 12. Vista Point Apartments 27. Teresina Apartments 1 3. Oxford Terrace Family Apartments 28. Rolling Hills Gardens Seniors 14. Park Village Apartments 29. Rancho Buena Uista Apartments 15. Kiku Gardens Senior Apartments 30. The Landings Source: City of Chula Vista, Redevelopment & Housing. The Elderly Total population. SANDAG estimates the senior population in Chula Vista at 22,192 as of 2010, making up 10.6 percent of the city's population overall. By 2030, the senior population is projected to grow to 60,447, or 19.1 percent of the city's population-an increase of 172 percent. BBC RESEARCH St CONSULTING SECTION III, PAGE 9 Exhibit III-12 shows the increase in the proportion of the city's elderly population between 2004 and 2030. Exhibit III-12. 10096 Percentage of Elderly Population, ~ Chula Vista, 2004 to 2030 Source: SANDAG. 19.196 14.396 10.696 10.896 ~ r :*+ t' c 2004 2010 2020 2030 For the purpose of this study, frail elderly are defined as individuals age 65 and older with aself--care disability. In 2008, according to the ACS, 4,004 of the city's elderly had aself--care disability, or about 16.9 percent of all elderly. According to CHAS data (special tabulations of the 2000 Census reported by HUD), 43.4 percent of elderly households in Chula Vista had self-care or mobility limitations and were considered "frail." Housing the elderly. Elderly housing can best be described using a continuum of options, ranging from independent living situations to nursing homes with intensive medical and personal care support systems. Common steps along this housing continuum include the following: ^ Indeaendent living. The elderly may live with relatives, on their own or in subsidized units. ^ Congregate living. Typically unsubsidized facilities that can be quite expensive fox low- and moderate-income elderly. Normally, three meals per day are available, with at least one included in the monthly charge. Organized social activities are generally provided. ^ Assisted living facilities. 24-hour non-nursing assistance, often including bathing, dressing and medication reminders. These facilities axe not medical in nature and typically do not accept Medicaid reimbursement; however, nursing care is sometimes provided through home health care services. These facilities can also be fairly expensive. ^ Skilled nursing facilities. 24-hour nursing care. Services may be generalized or specialized (e.g., for Alzheimer's patients). Nursing homes are less medically intensive than hospitals and accept Medicaid reimbursement. There is an increasing likelihood that seniors, particularly women, will live alone as they age. This is due in large part to the longer life expectancies of women. In most communities, seniors prefer to stay in their own homes as long as possible. If they are nearby, family members can assist with basic care needs, enabling seniors to remain in their homes longer than they would otherwise. However, the increased work demands and the transience of the population in recent years have made family assistance more challenging. Home health care and housekeeping services can be critical to helping elderly remain in independent living settings as they age. PAGE 10, SECTION III BBC RESEARCH & CONSULTING Needs of the elderly. Low-income seniors face a wide range of housing issues, including substandazd housing, a need for modifications due to physical disabilities, as well as a lack of affordable housing. Substandard housing, HUD's 1999 Elderly Housing Report provides the latest national data available on seniors living in housing in need of repair or rehabilitation.4 HUD reported that six percent of seniors nationwide lived in housing that needed repair or rehabilitation. Applying this rate to the Ciry of Chula. Vista, it is estimated that as many as 1,422 elderly residents (six percent of the city's elderly population) were likely to live in substandard housing in 2008. Disabi/itv. In 2008, 45 percent of non-institutionalized elderly persons in Chula Vista (10,151 elderly) reported that they had some form of disability (sensory, medical or physical).5 This compares with six percent of non-institutionalized residents overall who reported a disability. Elderly persons with such needs are best housed in accessible housing (including assisted living and nursing home facilities), or need assistance (modifications or services) to remain in their homes. Income constraints. Compounding the needs some seniors face for home repair or improvements are the low- and/or fixed-incomes they have available to make those changes. In addition, as their non-housing costs have increased (e.g., prescription drugs, health care), they have less to spend on housing costs. Elderly make up a disproportionate share of the lowest income households in Chula Vista. Of the 5,763 households earning less than $15,000 in 2008, seniors made up 45 percent. In 2008, 1,377 seniors lived below the poverty level in Chula Vista. This is equivalent to a poverty rate for seniors of 6.1 percent. ACS data from 2008 showed the highest cost burden among the city's youngest and elderly households. In 2008, an estimated 34.7 percent of elderly households, or 3,108 households, were cost burdened, meaning they paid more than 30 percent of their monthly income in housing costs. According to CHAS data from 2000, approximately 54.5 percent of elderly renter households and 25.7 percent of elderly owner households were cost burdened. Applying this same rate to the 2008 elderly household population produces an estimate of 4,446 elderly renter and owner households that were cost burdened. Among the estimated 4,795 elderly households in Chula Vista with self-care and mobility limitations (the "frail elderly"), an estimated 1,908 had housing problems (which primarily consists of being cost burdened), or about 39.8 percent. Resources. There are several different housing options available to seniors. Nursing homes serve the frail elderly population, which are unable to take care of themselves. Assisted living centers serve elderly individuals who still maintain adequate mental and physical capabilities and provide assistance with daily activities such as bathing, taking medications, eating, dressing, etc. Seniors who can live independently and have lower incomes are assisted through home health care and housing rehab programs in addition to subsidized rentals. ~ Department of Housing and Urban Development, Housing OurElders: A Keport Card on the Housing Conditions and Needs of OlderAmencans, 1999. 5 "Non-institutionalized" means not living in an institution such as a nursing home or group home. BBC RESEARCH & CONSULTING SECTION III, PAGE 11 State-regulated Residential Care Facilities for the Elderly (RCFE) provide care, supervision and assistance with activities of daily living, such as bathing and grooming. They may also provide some medical services. RCFEs are also known as assisted living facilities, retirement homes, board and care or group homes. The facilities can range in size from six beds or less to over 100 beds. Exhibit III-13 summarizes the specialized housing currently available to the elderly in Chula Vista, focusing on independent rental units serving lower income elderly and RCFEs. There are thirteen low-cost rental providers that target the elderly providing over 1,000 rental units, as well as the Section 8 program, administered by the city. Rental units are generally targeted to seniors earning 80 percent of area median income and lower. HUD estimates that about 37 percent of Section 8 vouchers were being used by the elderly in 2008. Exhibit III-13. Housing Available To Low Income and/or Disabled Seniors, 2009 Residental Care Facilities for the Elderly Various Various Various 1,066 Seniors 60+ Low Cost Rentals Canterbury Court Senior Apts. 336 "C" St. Castle Park Garden Family Apts. 272 Kennedy S[ Congregational Tower 288 "F" St. Harvest Ridge Apts. 1388 E. Palomar St. Kiku Gardens Senior Apts. 1260 Third Ave. Oak Terrace Apts. 423 Church Ave. Park Fifth Avenue Apts. 364 Fifth Ave. Park Way Wes[ Senior Apts. 411-415 Park Way Seniors on Broadway 825 Broadway Silvercrest Chula Vista 636 Third Ave. The Meadows 1055 Granjas Town Center Manor Senior Apts. 434 "F" St Villa Serena Senior Apts. 1231 Medical Center Drive Total Section 8 Vouchers Various Various 1-bedroom and 2-bedroom 207 Seniors 56+ 1-bedroom and 2-bedroom 71 Seniors SS+ Studio and 1-bedroom 186 Seniors 62+ 1-bedroom 91 Seniors 66+ 1-bedroom 100 Seniors 62+ 1-bedroom 35 Seniors S5+ 1-bedroom 47 Seniors 60+ 42 Seniors S[udio and 1-bedroom 73 Seniors 62+ 1-bedroom 80 Seniors 65+ 1-bedroom and 2-bedroom 132 Seniors 62+ 1,064 Various approx. 2,775 Seniors and disabled, low income Source: California Advocates for Nursing Home Reform CANHR, 211 San Diego, San Diego County Department of Housing and Community Development Housing Resources Directory 2008-2010, City of Chula Vista In addition to these affordable housing options, state-licensed adult care facilities also provide a care setting during the day for adults who cannot care for themselves. There are 396 spaces within four adult day care facilities in Chula Vista. Additionally, the 400-bed Veteran's Home of California in Chula Vista provides housing options for senior veterans. The Veteran's Home is discussed in detail later in the "Military Personnel and Veterans" section on page 20. PAGE 12, SECTION III BBC RESEARCH & CONSULTING City nroarams. The city has a number of programs that are available to assist seniors, including a home repair programs. Major programs include: ^ Norman Park Senior Center- A senior center offering educational courses, health programs, exercise classes and special events for seniors. ^ Life Options South Bay- Apublic/private partnership coordinated by the city, Southwestern College and the Chula Vista Coordinating Council, this program provides activities for active seniors over the age of 50 including volunteer opportunities, educational classes, job training, recreation and travel and health and fitness programs. ^ Meals on [Y/heels -delivers up to two meals daily to low income seniors who cannot prepare their own meals. ^ Lutheran Social Services, Caring Neighbor program -offers minor home repairs to disabled or senior low income residents. ^ South Bay Adult Day Health Care Transportation-provides transportation to seniors who are disabled and would be institutionalized without such services. ^ Low income seniors are also eligible for the affordable rental housing in the city. Persons with Physical Disabilities The Census definition of disability status is based on individuals' answers to several Census survey questions. According to the Census, individuals have a disability if any of the following three conditions were true: (1) they were five years old and over and had a response of "yes" to a sensory, physical, mental or self-care disability; (2) they were 16 years old and over and had a response of "yes" to go-outside-home disability; or (3) they were 16 to 64 years old and had a response of "yes" to employment disability. The 2000 Census definition of disability encompasses a broad range of categories, including physical, sensory and mental disability. Within these categories are people who have difficulties: ^ Performing certain activities such as dressing, bathing or getting around inside the home (self-care disability); ^ Going outside the home alone (go-outside-home disability); or ^ Working at a job or business (employment disability). The Census definition of people with disabilities includes individuals with both long-lasting conditions, such as blindness and individuals that have a physical, mental or emotional condition lasting six months or more that makes it difficult to perform certain activities. All disability data from the Census is self-reported by respondents. BBC RESEARCH Ht CONSULTING SECTION III, PAGE 13 Total population. In 2008, an estimated 23,854 people residing in Chula Vista-or 11 percent of the city's population-had some type of disability. As shown in Exhibit III-14, disabilities are most common for the city's older residents. Exhibit III-14. ~ ~r~` , Disability Status by Age, Chula Vista, ~'£' ! i ' ,~ ha"~x, .~~ Zoo$ y f. v~~:Z' sa .. F' Source: 5 to 17 years 2,210 4.996 U.S. Census Bureau, 2008 nmerican Community Survey. 18 to 64 years 11,493 8.996 65+years 10,151 44.796 Total 23,854 11.1 % Disabilities as defined by the Census can include physical, sensory, mental, self-care, go-outside-the- home and employment disabilities. Among all residents in Chula Vista age five and older, 16,035 had a physical disability in 2007. This is equivalent to 7.9 percent of the population five years and older. Of the residents with physical disabilities, over 15 percent lived below the poverty line, compared to nine percent of the population overall. According to 2000 CHAS data, 48.3 percent of the households with self-care and mobility limitations had housing problems, compared to 44.5 percent of the population as a whole, indicating that there is only a slightly disproportionate need for housing assistance among persons with mobility limitations. As noted above, SANDAG estimates the senior population in the City of Chula Vista will grow substantially in the next 20 years. Since seniors have a much higher probability of being disabled, the housing and service needs for persons with disabilities should grow considerably commensurate with senior population growth. Resources. In determining the resources available to people with physical disabilities in Chula Vista, it should be noted that individuals may have access to the following federal and state supportive programs to help meet their housing needs: ^ Supplemental Security Income (SSI) is a federal support program that is available to people who have disabilities as well as limited income and resources. According to the Social Security Administration, the average monthly payment for an adult receiving SSI because they are disabled is about $500/month. ^ Medicaid can be used by individuals in nursing homes or hospital care. Medicaid waivers make Medicaid available for home- and community-based services, such as transportation. They cannot be used to cover the cost of housing, although up to $10,000 can be used fox environmental modifications (i.e., ramps, handrails, etc.). Housing. The housing options available to persons with physical disabilities vary depending upon their income, age, if they live with a caregiver and they extent of their disability. Some persons with disabilities will be eligible to live in subsidized senior housing developments and accessible public housing units. PAGE 14, SECTION III BBC RESEARCH St CONSULTING The Access Center (also known as Access to Independence) in San Diego provides a variety of services to people with disabilities in the San Diego region, including the following: ^ Advocacy. ^ Information and referral -Provides information and referral about community resources and services relevant to people with disabilities., ^ Housin4 referral and assistance -Assists consumers with information and resources in locating accessible and affordable housing. In addition, this service assists consumers in understanding and advocating for their rights under fair housing laws. ^ HlsDanlC community organizing - A culturally appropriate and sustainable program of leadership education, training and mentoring to increase the participation of Latinos with disabilities in community organizing for systems change. ^ Personal assistance (PA) -The Access Center maintains and provides information on how to effectively manage a personal assistant and how to advocate for their rights with Personal Assistance services. ^ Transition to community -This program coordinates services to assist consumers with transitioning from an institutional setting into an integrated, community-based setting. ^ Client assistance oroaram (CAP) -Informs individuals with disabilities about vocational rehabilitation programs that are funded under the Rehab Act of 1973 and assists individuals who are having difficulty obtaining desired services. ^ Assistive Technology (AT) -Provides service coordination, public education & outreach and information & referral on all types of assistive technology and related services. ^ Aging and Disability Resource Connection - In collaboration with Aging and Independence Services, provides education about community resources to seniors and younger people with disabilities. Persons with Developmental Disabilities Definition. Title 17 of the California Code of Regulations defines a developmental disability as follows: A disability that is attributable to mental retardation, cerebral palsy, epilepsy, autism, or disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation; ^ Is manifested before the individual attains age 18; ^ Is likely to continue indefinitely; BBC RESEARCH & CONSULTING SECTION III, PAGE 15 ^ Results in a "substantial disability" that impairs cognitive and/or social functioning, representing sufficient impairment to require interdisciplinary planning and coordination of special or generic services to assist the individual in achieving maximum potential; and ^ Causes functional limitations in three or more of the following areas of major life activity: self- care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living and economic self-sufficiency. Total population. The Administration on Development Disabilities (ADD) estimates there are nearly four million Americans, or 1.4 percent of the total population, with a severe developmental disability. Applying this percentage to the city's 2008 population, approximately 3,094 residents would have a severe developmental disability. The Centers for Disease Control and Prevention (CDC) estimates that about 17 percent of U.S. children under 18 years of age have a developmental disability. Applying this incidence rate to the population of children in Chula Vista suggests that approximately 10,711 children have some form of physical, cognitive, psychological, and sensory or speech impairment. This estimate is higher than the ADD estimate as it includes non-severe developmental disabilities. Additionally, the CDC estimates that approximately two percent of school-aged children in the U.S. have a serious developmental disability, such as mental retardation or cerebral palsy and need special education services or supportive care. Applying this percentage indicates that approximately 900 school aged children in the City of Chula Vista have a serious developmental disability. The Institute on Community Integration at the University of Minnesota estimates that 33 percent of persons with developmental disabilities live below the poverty level. Applying this to the 2008 estimation of the number of persons with developmental disabilities living in Chula Vista, an estimated 1,021 persons in Chula Vista with developmental disabilities live below the poverty level and are likely in need of housing assistance. Resources. A number of facilities in the San Diego region specialize in service for developmentally disabled persons, including the San Diego Regional Center for the Developmentally Disabled and the ARC of San Diego. These organizations offer comprehensive services fox persons or individuals with developmental disabilities and their families, including diagnosis, counseling, coordination of services, advocacy and community education/training. Within the City of Chula Vista, there are no facilities dedicated to developmentally disabled individuals. The largest and closest resource fox developmentally disabled residents of Chula Vista is the San Diego Regional Center, which funds adult day programs that serve 1,479 developmentally disabled persons, and 443 developmentally disabled children at public schools. PAGE 16, SECTION III BBC RESEARCH $c CONSULTING Persons with Mental Illnesses The Center for Mental Health Services (CMHS) defined a Severe Mental Illness (SMI) as a "diagnosable mental, behavioral or emotional disorder that met the criteria of DSM-IIII-R and that has resulted in functional impairment which substantially interferes with or limits one or more major life activities." An SMI can only be diagnosed for adults; the equivalent diagnosis for children 17 and under is a severe emotional disorder (SED). Total population. According to the 2007 ACS, 10,472 persons age five and older in Chula Vista had some sort of mental disability. The age group with the highest rate of mental disability was seniors 75 and older, of which 27.3 percent had a mental disability, compared with 10.7 percent of seniors 65 to 74 years old. The rate of mental illness in age groups below 65 was below four percent. These numbers represent a sharp increase from the 2000 Census, in which 6,496 Chula Vista residents were found to have mental disabilities. The rates of mental disability prevalence in senior age groups also increased: 16 percent for seniors over 75 years old; 9.5 percent for seniors 65 to 74; and below four percent for age groups below 65 years old. Persons with mental disabilities are more likely to live in poverty, according to data from the American Community Survey. In 2007, about 20 percent of the mentally disabled population in Chula Vista lived below the poverty line, compared to slightly more than 9 percent of the population overall. A 2009 point-in-time homelessness count by the San Diego Regional Task Force on the Homeless found that 27 percent of the homeless adults surveyed in the San Diego Region had mental illnesses. Given this regional incidence rate, as many as 90 homeless individuals within the City of Chula Vista have a mental illness. Resources. According to the California Social Services website, residential care facilities include " 24-hour non-medical care for adults ages 18 through 59, who are unable to provide for their own daily needs" as a result of a physical, developmental or mental disability. San Diego County Department of Health and Human Services of is the lead agency for providing mental health services in the City of Chula Vista. There are no targeted facilities for the mentally ill in the City of Chula Vista; however, there are options in nearby San Diego. There are currently 12 residential care facilities specializing in emergency and transitional care for persons with mental illnesses. Many of these facilities also serve persons with substance abuse issues. Together, these facilities have capacity for almost 370 persons, as shown in Exhibit III-15. BBC RESEARCH & CONSULTING SECTION III, PAGE 17 Exhibit III-15. Transitional and Emergency Care Facilities for Persons with Severe Mental Illness, City of San Diego Social Rehabilitation Facilities Community Research Foundation: Isis Cen[er 892 27th St. 12 Severely Mentally III (SMI) /ary Barre[o Crisis Center 2865 Logan Ave. 5 Severely Mentally III (SMI) New Vistas Crisis Center 734 10th Ave. 14 SMI and Substance Abuse Vista Balboa Crisis Cen[er 545 Laurel St. 16 Severely Mentally III (SMI) Community Mental Health Services 3177 Oceanview Blvd. 23 Severely Mentally III (SMI) Transitional & SuppoAdve Housing Community Research Foundation - 10th Ave. Apts. 743 10th Ave. 28 Severely Mentally III (SMI) Episcopal Community Services - 2822 5th Ave. 19 Severely Mentally III (SMI) Safe Haven Transitional Shelter Vietnam Veterans of San Diego: Mahedy House 866 24th St. 14 SMI and Substance Abuse Rehabilitation Center 4141 Pacific Hwy. 87 SMI and Substance Abuse Pathfinders -Shelter Plus Care 3806 Grim Ave. 17 SMI and Substance Abuse Association for Community Housing Solutions (TACHS): Del Mar Apartments 2172 Front St. 20 Severely Mentally III (SMI) Paseo Glenn Aparments 1865 Titus St. 12 Severely Mentally III (SMI) Sunburst Apartments 1640 Broadway Blvd. 23 Severely Mentally III (SMI) Pine Hollow Apartments 5020 Federal Blvd. 41 Severely Mentally III (SMI) The Cove Aparments 5288 EI Cajon Blvd. 19 Severely Mentally III (SMI) Reese Village Apartments 4809 70th St. 18 Severely Mentally III (SMI) Total 368 Source: County of San Diego Department of Housing and Community Development Persons with Substance Abuse Disorders Total population. The U.S. Department of Health and Human Services, through its Substance Abuse and Mental Health Services Administration (SAMHSA), tracks substance abuse prevalence at the state level. According to SAMSHA's 2008 National Household Survey on Drug Use and Health (NHSDUH), the statewide prevalence rate for alcohol or illicit drug dependence or abuse in California is 9.6 percent for persons age 12 and older, slightly higher than the nationwide rate of 9.2 percent. The rate for the region including San Diego and Imperial counties was significantly higher at 10.6 percent (the third highest rate of all 15 regions in California). Applying this estimate to the city's 2008 population 12 years and over, an estimated 19,096 persons would have had some form of substance abuse problem. Outstanding need. The 2008 NHSDUH estimates that 2.9 percent of the population 12 years and over in the sub-state region including Chula Vista need but are not receiving treatment for illicit drug use. Applying this percentage to the population in Chula Vista, approximately 5,210 persons need but are not receiving treatment for illicit drug use. The same study also estimates that nine percent of San Diego County residents age 12 and over need but are not receiving treatment for alcohol use. Using this same incidence rate, approximately 16,150 Chula Vista residents age 12 and over need but do not receive treatment for alcohol abuse. PAGE 18, SECTION III BBC RESEARCH Ht CONSULTING Using data from the 2009 point-in-time homelessness count from the San Diego Regional Task Force on the Homeless, an estimated 41 percent homeless persons in the San Diego region had alcohol abuse and/or drug abuse problems. Applying these percentages to the Ciry of Chula Vista as many as 137 homeless persons had alcohol and/or drug abuse problems. Resources. According to the County of San Diego Department of Housing and Community Development, there are currently two organizations offering residential and outpatient treatment facilities for persons with substance abuse problems. Exhibit III-16. Licensed Care Facilities for Persons with Substance Abuse Problems, Chula Vista Source: County of San Diego Department of Housing and Community Development. MAAC Project Nosotros M.I.T.E. Options South Bay Women's Recovery Center (outpatient) Total Persons with HIV/AIDS 13 Substance Abuse (Adult Men) Substance Abuse N/A (Women/Children) 73 Total population. The Centers for Disease Control and Prevention (CDC) estimates there are now 1,000,000 people, or approximately 0.3 percent of the nation's population, currently living with HN/AIDS, with over 50,000 new HIV/AIDS infections occurring in the U.S. every year.G In a January, 2009 report from the California Department of Public Health (CDPH) there were 17,712 cases of HIV/AIDS in San Diego County, representing a rate (0.59 percent) higher than that of the nation as a whole. According to the San Diego County Health and Human Services Agency, there were 676 cases of HIV/AIDS in the City of Chula Vista in 2008. Representing 0.3 percent of the city population, this is on par with the rate nationwide. Outstanding need. Providers of services to people with HN/AIDS estimate that between 30 and 50 percent of the number of people with HIV/AIDS are in need of housing. According to the advocacy group AIDS Housing of Washington, 65 percent of people living with HIV/AIDS nationwide cite stable housing as their greatest need next to healthcare. The organization also estimates that one-third to one-half of people living with AIDS are either homeless or in imminent danger of losing their homes. Given these national statistics, it is estimated that at least 203 persons living with HIV/AIDS in Chula Vista require housing assistance. A 2008 survey of persons with HIV/AIDS in San Diego County revealed that about 57 percent had monthly income below $1,000. About 15 percent of those surveyed said they were homeless, and almost 30 percent said over 50 percent of their monthly income was spent on rent. When asked what they needed to get housing or keep their current housing, almost half said they needed help paying for rent through Section 8 vouchers or other subsidies. The most cited supportive service needs were dental care (reported by 14 percent), legal services (10%), emergency utility payment (10%) and transportation (10%). G Centers for Disease Control and Prevention, "2007 HIV/AIDS Surveillance Report," http:/ /www.cdc.gov/HIV /topics/surveillance/resources/reports/2007report/pdf/2007SurveillanceReport.pdf. BBC RESEARCH & CONSULTING SECTION III, PAGE 19 Barriers to housing. In addition to living with their illness and inadequate housing situations, persons with HIV and AIDS in need of housing face a number of barriers, including discrimination, housing availability, transportation and housing affordability. The co-incidence of other special needs problems with HN/AIDS can make some individuals even more difficult to house. For example, an estimated 20 percent of people currently living with HIV/AIDS use or abuse substances other than their own prescription medicine, and 36 percent have abused substances in the past. The incidence of mental illness among the HIV/AIDS community is also high. Approximately 17 percent of people currently living with HIV/AIDS have a persistent mental illness; five percent have AIDS-related dementia. Because of frequent concurrence of substance abuse and mental illness with HIV/AIDS, housing providers often struggle to serve this population. Resources. The primary source of funding for HIV/AIDS housing is HUD's Housing Opportunities for People with AIDS (HOPWA) program. HOPWA coordinates long-term rental assistance, short-term mortgage/rent payment and utility payment assistance, and other supportive and homeless prevention services. All HOPWA programs are administered by the County Department of Housing and Community Development (HCD) and are available to all Chula Vista residents. HOPWA funds are allocated through a Notice of Funding Availability (NOFA) or Request for Proposals (RFP) process. HOPWA funds have gone towards a number of activities. Rental subsidies are available through the Tenant Based Rental Assistance (TBRA) program for up to 80 eligible persons/households with HIV/AIDS. HOPWA also funds organizations that offer emergency housing, transitional and permanent supportive housing to about 200 individuals annually. These organizations include Center for Social Support and Education, Community Connection Resource Center, Fraternity House Inc, Stepping Stone of San Diego, St. Vincent de Paul Inc. and Townspeople. Stepping Stone and Community Connections Resource Center specialize in treatment of alcohol and substance abuse for persons with HIV/AIDS. Fraternity House offers 24 hour comprehensive care to eligible consumers in its Licensed Residential Care Homes. The Center for Social Support and Education offers emergency beds in the form of hotel/motel vouchers for at least 100 persons with HIV/AIDS. HOPWA also enables organizations to offer supportive services to individuals with HIV/AIDS. Townspeople provides housing information and referrals to clients and landlords sensitive to HN/AIDS issues. Being Alive offers a moving program/service to eligible consumers. San Diego County's Health and Human Services offers a case management program focusing on persons with HIV/AIDS who require treatment for substance abuse problems. Up to 235 eligible individuals receive HOPWA funded supportive services. South Bay Community Services and Community Housing Works provide an on site Residential Service coordinator to assist HIV/AIDS individuals/households living in their complex. There are currently two facilities offering permanent supportive housing in Chula Vista to people with HIV/AIDS, both operated by South Bay Community Services. The facilities primarily serve families with children and have a combined capacity of 64 beds. PAGE 20, SECTION III BBC RESEARCH H~ CONSULTING County provided HIV/AIDS related programs available to Chula Vista residents include: ^ AIDS Drug Assistance Program (ADAP)-Provides assistance to eligible individuals for prescription drugs for treatment of HIV/AIDS. ^ HIV testing clinics-Free, anonymous and confidential testing to anyone age 12 and older. ^ Partner Counseling and Referral Services (PCRS)-Provides assistance to those who want to notify partners of possible exposure to HIV. The program is free, voluntary and confidential. ^ Sexually Transmitted Disease (STD) clinics-Low cost/free confidential testing and treatment of STDs to anyone age 12 and older. The Chula Vista Family Health Center offers on-site HIV counseling and screening services available to anyone who presents a need. Military Personnel and Veterans The San Diego region has a strong presence of military personnel due to the various military bases in the county; including Naval Air Station North Island, Naval Station San Diego, Naval Base Point Loma, Marine Corps Air Station Miramar, and Marine Corps Base Camp Pendleton. The military population also affects housing demand. Population. According to data from American Community Survey in 2008, there were 5,245 military personnel living in the City of Chula Vista. Given the income limitations of many lower ranking military personnel, the same market forces that influence lower income households also influence housing for military personnel. According to the American Community Survey, there were approximately 17,053 veterans living in Chula Vista in 2008, a slight decrease from 17,209 in the 2000 Census. This represented about eight percent of the total population of the City of Chula Vista. The 2009 point-in-time homeless count found that veterans made up a much larger 25 percent of the homeless population, indicating that veterans are well over twice as likely as the general population to be homeless. About 30 percent of the city's veterans served in the Vietnam War, and this group of veterans has long dealt with particularly serious issues of chronic poverty, homelessness, substance abuse and post-traumatic stress disorder (I'TSD). Resources. Housing and supportive service needs for military personnel are largely addressed by the Department of Defense, while the needs of veterans are addressed at the community level. The largest resource fox veterans throughout San Diego County is the Vietnam Veterans of San Diego (WSD) and provides services to veterans representing all periods of military service. WSD operates a rehabilitation center for 87 veterans and transitional housing for 14 graduates of the rehabilitation program. Other non-residential services include a legal clinic, afaith-based support group for persons with substance abuse disorders or PTSD, and an annual community-wide effort called "Stand Down" in which a broad base of public and private organizations come together to meet the emergency and rehabilitative needs of homeless veterans. In 2007, the event registered over 790 veterans and placed about 85 veterans in residential programs. More than 6001ega1 issues were adjudicated for 125 veterans. BBC RESEARCH Ht CONSULTING SECTION III, PAGE 21 Chula Vista is home to the Veteran's Home of California, which is located on a 30-acre site adjacent a medical center. The home is the only veterans home located in coastal, urban Southern California. The Veteran's Home is a 400-bed long-term care facility providing a continuum of housing options and services for aging veterans, including independent living, licensed residential care and skilled nursing care. Acute care is provided at either the La Jolla U.S. Department of Veterans Affairs Medical Center, or at the nearby Sharp Hospital in Chula Vista. Veterans desiring to be considered for membership must be residents of California, age 62 or older (or younger if disabled), and have served honorably. At-Risk Youth Population. There are several segments of the population of youth throughout San Diego South County who have potential housing and supportive service needs: youths living below the poverty line; youth aging out of the foster care system; older youth transitioning to adulthood with uncertain future plans; youth with substance abuse problems; and youth at risk of gang involvement. Youth who have no supervision at home after-school, and who lack after-school activities, are also youth who may be at-risk. Youth and voverty. According to the ACS, in 2008 there were 10,837 residents in Chula Vista younger than 18 who were living below the poverty line or a poverty rate of 17.2 percent. Compared to a citywide poverty rate of 8.4 percent, youth are more than twice as likely to be living in poverty than the general population. Youth and substance abuse. The National Survey on Drug Use and Health (NSDUH) reports that adolescents who use alcohol or drugs at an earlier age are more likely to develop substance dependence or abuse. According to the NSDUH report covering 2002 through 2007, 15.9 percent of youth age 12 to 17 used alcohol within the last month. Abuse rates for cigarettes and illicit drugs are 9.8 and 9.5 percent respectively. When applied to the City of Chula Vista as many as 3,110 youth have used alcohol within the last month. Additionally, as many as 1,917 and 1,858 youth have used cigarettes and illicit drugs respectively. The Substance Abuse and Mental Health Administration (SAMHSA) notes that substance abuse among family members is a factor in at least three quarters of all foster care placements, and recent studies indicate high rates of lifetime substance use and substance use disorders for youths in the foster care system. Resources. South Bay Community Services (SBCS) provides a variety of services to at-risk youth in Chula Vista. The organization was founded in 1971 to help counsel and rehabilitate youth who were using and dealing drugs in the city. SBCS has grown to offer a wide variety of programs to at-risk and low income youth and children, as well as their parents. SBCS's programs to help at-risk youth, including youth aging out of the foster care system, include: The SBCS Domestic Violence Response Team is called, by CVPD, to homes where DV has recently occurred to assess the needs and safety of all victims in the household, and provides crisis intervention, safety planning, service referrals, and follow-up. SBCS's DVRT has been co-located in the Chula Vista Police Department since 1991, supported by County, City, and State funds. In 2008, PAGE 22, SECTION III BBC RESEARCH St CONSULTING the CVPD dispatched to 3,654 calls fox suspected DV, of which they investigated 1,187 DV cases, 602 of which led to an actual arrest. The DVRT responded to 1,339 of these calls. Housing vroorams Casa Nuestra -Casa Nuestra is the only safe house for run-away and homeless youth in South San Diego County. Designed as a short-term homelike residence, Casa Nuestra provides a safe and youth friendly environment. A team of specialized staff are available on site every day, 24 hours a day, to help youth work toward family reunification when possible or to help them locate along-term living situation. Trolley Trestle -Trolley Trestle offers affordable, transitional housing fox former foster youth (ages 16 to 24), youth who are parents and/or homeless youth while they finish school or complete job training. Services ^ EXCEL -The EXCEL program prepares youth and adults to achieve academic and employment success. EXCEL provides work readiness training, paid and unpaid internships, life skills classes, housing assistance, financial literary and more. ^ Independent Living Skills (ILS) -classes offer a unique series of educational classes and services designed to support current and former foster youth. ^ Teen Recovery Center (TRC) - a day facility providing services to teens who are experiencing difficulties in their lives as a result of substance abuse. ^ Community Assessment Team (CAT) -The CAT Team works to keep kids in school and out of the Juvenile Justice System by providing early intervention to youth and families. The CAT program also includes agender-specific component for adolescent females who are involved in the juvenile justice system and their families. ^ juvenile Diversion - a program providing an array of support services for first time youth offenders, run-aways, youth on Probation, and non-offenders and their families ^ Vision Achievement Mentorina -This program works with teens encouraging healthy decision making and assists youth in developing a positive vision of themselves through individual and group mentoring, and family education. ^ Peer Educators and Street Outreach -Teens are trained to positively influence other youth who are in need of support. Peer educators provide outreach to youth and community members regarding issues such as homelessness, gang prevention and other at-risk behaviors. ^ Children's Mental Health Services -provides school and community based services to children, teens, and their families. SBCS also offers child well being programs for young children, including a preschool for children affected by family violence, newborn nurse visits, screening checks for school readiness and programs to support kinship caregivers and parents who have children at risk of mistreatment (SafeCare). BBC RESEARCH & CONSULTING SECTION III, PAGE 23 Victims of Domestic Violence Victims of domestic violence require specialized housing, counseling and legal services. Given the hidden nature of domestic violence and the problems associated with self-reporting of such sensitive information, reliable statistics on the number of persons in violent domestic situations are not available. However, data from the San Diego Association of Governments shows that there were 1,818 reports of domestic violence in Chula Vista in 2008, or 26 reported cases for every 1,000 households in the city. This was down from 1,881 reported cases of domestic violence in San Diego in 2003 - a decrease of 3.35 percent over the five-year period. Using data from a 2008 point-in-time homelessness count and a client database of agencies serving the homeless population, the San Diego Regional Task Force on the Homeless estimated that 72 homeless persons in the City of Chula Vista were victims of domestic violence. Resources. There is one special shelter in Chula Vista where victims of domestic violence can go with their children in order to escape a violence domestic situation. La Nueva aurora emergency shelter offers 14 beds to domestic violence victims and their families. Typically victims stay in the shelter for up to 3 months. In addition to this emergency facility, the city is home to two transitional shelters operated by SBCS that offer a combined 86 housing units. Services include intensive case management; individual, group and family counseling; and self sufficienry activities such as job preparation, financial literacy and parenting. Finally, as described above in the At-risk Youth section, SBCS offers programs that assist children who have experienced violence, including a special preschool and SafeCare, an in-home visitation program that focuses on families who have children from birth to 12 years old who are at-risk or have been reported for child maltreatment. Persons Experiencing Homelessness Definition. The Stewart B. McKinney Homelessness Act defines a person experiencing homelessness as "one who lacks a fixed permanent nighttime residence or whose nighttime residence is a temporary shelter, welfare hotel or any public or private place not designated as sleeping accommodations for human beings." It is important to note that this definition includes those living with friends or relatives on a temporary basis as well as the more visible homeless in shelters or on the streets. HUD's definition of homelessness is slightly more comprehensive. In addition to defining individuals and families sleeping in areas "not meant for human habitation," the definition includes persons who: ^ "Are living in transitional or supportive housing for homeless persons but originally came from streets or emergency shelters; ^ Ordinarily sleep in transitional or supportive housing for homeless persons but are spending a short time (30 consecutive days or less) in a hospital or other institution; ^ Are being evicted within a week from private dwelling units and no subsequent residences have been identified and they lack resources and supportive networks needed to obtain access to housing; or ^ Are being discharged within a week from institutions in which they have been residents for more than 30 consecutive days and no subsequent residences have been identified and they lack the resources and support networks needed to obtain access to housing." PAGE 24, SECTION III BBC RESEARCH Ht CONSULTING This definition demonstrates the diversity of people experiencing homelessness. The numerous locations in which people experiencing homelessness can be found complicate efforts to accurately estimate their total population. Total population. Since 2006, the San Diego Regional Task Force on the Homeless (RTFH) has conducted apoint-in-time survey (PIT) to measure the city's homeless population, as well as to identify the needs of persons experiencing homelessness. The RTFH conducted point-in-time homeless counts (PITS) in 2008 and 2009 to track homelessness in San Diego County. The 2009 PIT found 333 homeless persons in the city of Chula Vista. The RTFH homeless counts survey individuals living on the street, in shelters, jails, or detoxification facilities on a particular night. Demographic characteristics of the homeless population were generated through a more in-depth survey of a sample of unsheltered homeless persons, as well as data from the Homeless Management Information System project (HMIs), a data warehouse with unduplicated records of homeless clients served by the participating agencies in the region. Data from the PIT studies have limitations. Final results were not adjusted to account for homeless persons that were not located by the survey methodology (i.e., persons temporarily staying with friends or family); therefore, the total homeless population is understated by PIT counts. Characteristics of persons experiencing homelessness. While the only consistent characteristic of the homeless is the lack of a permanent place to sleep, there are a number of demographic characteristics disproportionately typical of the homeless population, as demonstrated in Exhibit III-17. Exhibit III-17. Characteristics of Homeless ~~,~h> a. .~r~~F Population, Chula Vista Race White 196 59.045 65.946 Source: African American 60 18.195 5.445 San Diego Regional Task Force Other 76 22.945 28.796 on the Homeless, 2008 PIT Count. Total 333 100% 100% Ethnicity Hispanic 83 25.045 53.945 Non-Hispanic 250 75.096 46.145 Total 333 100% 100% Gender Male 225 67.596 49.796 Female 108 32.545 50.396 Total 333 100% 100% Age Children/teens (0-17) 57 17.096 28.945 Young adults (18-30) 37 11.145 16.145 Adults (31-50) 159 47.645 28.445 Older adults (51-61) 59 17.945 13.945 Seniors (62+) 22 6.596 12.796 Total 333 100% 100% BBC RESEARCH & CONSULTING SECTION III, PAGE 25 These data and other nationwide statistics indicate that homelessness disproportionately affects individuals of certain sub-groups in Chula Vista. These include the following: ^ B/aek/African American. Census data shows that homelessness afflicts the Black/African American populations more greatly than non-black groups. In the PIT survey, 18.1 percent of respondents were Black/African-American, while only an estimated 5.4 percent of the population in the City of Chula Vista was Black/African American in 2008. ^ Youth and chi/dren. In many communities, the fastest growing population of persons who are homeless is children. However, the 2009 RTFH did not find a disproportionately large number of children living in homelessness in San Diego County. Children 17 and under represented 17.0 percent of the homeless population identified in the PIT, whereas they comprise 28.9 percent of the total population in Chula Vista. ^ HIV/AIDS. National estimates place the proportion of homeless persons who are HIV positive at 15 percent. Applied to the homeless population according to the 2009 PIT, this could translate to as many as 50 homeless persons in Chula Vista with HIV/AIDS. The 2009 homeless count reported only three percent of homeless individuals are positive for AIDS, but this number is certainly much higher. HIV status is a sensitive question greatly subject primarily to aself-reporting bias, and many individuals may be unaware of their HIV status. ^ Substance abuse. A HUD study found that 31 percent of homeless individuals who contact shelters, food pantries or other assistance providers have an alcohol problem, 19 percent have a drug problem and seven percent have both. The 2009 PIT survey reported that 41 percent of homeless adults had a problem with alcohol abuse and/or drug abuse. ^ Menta//v i//. HUD estimates that 39 percent of homeless persons who contact an assistance provider are mentally ill.8 A lower percentage of homeless persons identified in the 2009 count said they had a serious mental illness-27 percent-but aself-reporting bias is inherent in this type of question. ^ Veterans. War veterans are significantly more likely to live in homelessness across the nation. According to the National Coalition for Homeless Veterans, 23 percent of homeless persons are veterans. Veterans represented 25 percent of the homeless population reported in the 2009 PIT in San Diego County, which is roughly on par with the nationwide estimate. The 2009 PIT survey identified individuals living on the street, emergency shelters, and transitional housing as homeless. Exhibit III-18 shows the number of homeless individuals by their shelter status in the Ciry of Chula Vista. ~ National Evaluation of the Housing Opportunities forPerronr mithAlDS Program (HOPWA), ICP Consulting for the U.S. Department of Housing and Urban Development. s National Evaluation of the Housing Opportunities for Persons withAlDS Program (HOPWA), ICF Consulting for the U.S. Department of Housing and Urban Development. PAGE 26, SECTION III BBC RESEARCH Ht CONSULTING Exhibit III-18. Homeless Persons by Shelter Status, City of Chula Vista, 2009 Source: San Diego Regional Task Force on the Homeless, 2009 PIT Count. Street homeless 161 48.34fi Emergency shelter 11 3.315 Transitional housing 161 48.345 Total 333 100% About half of homeless individuals were living on the street (48 percent), while roughly half were sheltered-three percent in emergency shelters and 48 percent in transitional housing. Chronic home/essness. According to HUD, a person who is chronically homeless is defined as "an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more, or has had at least four episodes of homelessness in the past three years." HUD does not consider families in its definition of chronic homelessness. Of the respondents to the 2009 PIT survey, 42 percent were determined to be chronically homeless, or an estimated 140 within the City of Chula Vista. Forty percent of the homeless persons surveyed in emergency shelters were determned to be chronically homeless. Inventory of shelter beds and housing for homeless. In Chula Vista, there are 12 shelters available to homeless individuals. Homeless shelters can include emergency overnight housing and longer-term transitional housing. Exhibit III-19 lists the major homeless shelters within the City of Chula Vista and the surrounding communities along with the number of people they can serve at one time. Some of the shelters serve specific special needs populations (persons with HIV/AIDS, substance abuse, severe mental illness, domestic violence shelters and youth shelters). Exhibit III-19. Major Homeless Shelters in the South County Region Source: County of San Diego Department of Housing and Community Development. Emergency Shelters ^ Casa Seguras I ^ Casa Nuestra Shelter ^ Casa Nueva Vida I Transitional Shelters ^ Nosotros ^ Options South Bay Women's Recovery Center (outpatient) ^ Casas de Transition ^ Casas ^ Trolley Trestle ^ Casa Nuestra Shelter ^ Casa Nueva Vida I ^ Casa Seguras I ^ Trolley Trestle ^ Victorian Heights 14 Families with Children 8 Homeless Youth 76 Families with Children 13 Adult Men N/A Women with children 73 Families with Children 7 Families with Children 20 Families with Children 8 Homeless Youth 54 Families with Children 50 Women with Children 10 At-Risk Youth 32 BBC RESEARCH & CONSULTING SECTION III, PAGE 27 Permanent suvvortive housing. The Mental Health Services Act (MHSA) under state Proposition 63, offers funding for capital and services fox the creation of permanent supportive housing units for homeless individuals. Currently, there are two permanent supportive housing facilities that offer 64 beds. All units are targeted towards families with children and persons with HIV/AIDS. South Bay Community Services operates the facilities. suvvortive services. SBCS is the largest provider of services to assist persons who are homeless and at risk of homelessness in the south county. In addition to 428 units of transitional and affordable housing, SBCS administers the Homeless Prevention and Rapid Rehousing Program for the residents of Chula Vista and National City. Services include: ^ Rental Assistance; ^ Security Deposit Assistance; ^ Utility Assistance; and ^ Legal resources for tenant/landlord issues. Regional plan to end homelessness. In 2006, the San Diego County adopted a Regional Ten- Year Plan to End Chronic Homelessness (PTECH) with the United Way of San Diego. It is based on a Housing First model~mphasizing the necessity of stable housing first, followed by mental, medical, legal, job training and other supportive services to combat chronic homelessness. The PTECH cites three main obstacles that must be overcome within San Diego County to end homelessness; (1) the cost of the local permitting process, land, and lack of incentives as barriers to developing affordable housing in general, and lack of permanent supportive housing in particular; (2) the lack of coordination between governmental agencies administering programs, particularly evident in discharge planning from medical and penal institutions; and, (3) barriers to the access of mainstream resources, which include the eligibility process. The City of Chula Vista is an active participant in the regional plan to end chronic homelessness. The city continues to support SBCS's programs which provide direct assistance to persons who are homeless, as well as many homeless prevention programs ranging from housing assistance to family wellness programs. In addition, the city is the site of the county's public housing units and the city has an affordable housing program which requires developers to provide 5 percent of newly developed units to low income households and another 5 percent to moderate income households. PAGE 28, SECTION III BBC RESEARCH & CONSULTING SECTION IV. Citizen Participation Process SECTION IV. Citizen Participation Process In summary, one stakeholder meeting, three community meetings and a resident survey comprised the citizen participation process. Stakeholder Meeting, January 14, 2010 Staff met with stakeholders, who provide housing and various social services to the low/moderate income and special needs population of our community. The meeting was held at City Hall. Participants shared their opinions on the greatest needs of our residents with respect to Housing, Economic Development, Community Development, Public Services, and Special Needs populations. Following is list of the needs the stakeholders provided: ^ Permanent housing for families ^ Job training ^ Day Centers fox the Homeless ^ Short Term/Transitional Shelters for Families ^ Free/low cost activities for youth during the critical (evening) hours ^ Transportation services for youth (to and from activities) ^ Transportation services for Seniors ^ Case management to connect families to services ^ Substance abuse treatment Community Meetings: January 20, January 27 and February 3, 2010 Three community meetings were scheduled and outreach was conducted to invite low/moderate income residents to attend. One meeting was held at City Hall, while the other two were held in the east (South Bay Family YMCA) and the south (Chula Vista South Library) representing all areas of the City. City staff presentations gave the public an overview of the grant programs which included a brief history of prior funding amounts and examples of projects and programs funded in the areas of housing, homelessness, community development, social services, and economic development. Residents were asked to provide comments on funding priorities within these areas. The community meetings flier was distributed broadly to local organizations, social service agencies, public libraries, City Hall and other neighborhood locations. Information was also disseminated through local newspapers, Nixle and the City website. The following comments were received: ^ Capital Improvement Projects should be coordinated with other public utility companies such as underground of utilities while installing new streets and sidewalks; and ^ Community need for a homeless day center. BBC RESEARCH St CONSULTING SECTION IV, PAGE 1 Exhibit VI-1. Community Meeting Notices Chula Vista Housing and Comfnvnity Qovolopm0nt Prioritios lAlorkshops for Residents and Social Service Providers The City of Chula Yisla needs your feedback on our eommunity's housing,. homeless, and community development needs and wilt hold a series of waricshops in various areas of the City. Satial S~rvlcM Enst Chula Vista: Northwest f Southwest Provident Chutes Yiata: Chula Yistn: Jarwary i 4, 201 Q January 20, 2010 glonumy 27,.2010 Febn,nry 3, 201 O 4:C9 am -32:00 pm 5:00 - 7:00 pm 5:00 - 7:00 prn 5;00 - 7:00 pm City of Chutes Vr~ta South Boy YMCA City of Chuk: Viatn South Library Ho:rFing Offfts 3201 Pcseo "v`togda Hous<rtg L?ffice 384 Orange Avenue 27b Fourth Avarive €Rancho del Rey} :t7b Faurih Avenue. Buitding 300 Building 30t) Yaur comments will help shape the City's federal funding strategy for the next 5 years. This meeting is part of the Consolidated Ptanning pracess required by the U.S. Department of Housing and Urban Development in order for the City to qualify far Community Qevelopment Blocic Grant (CD6G}, Home Investment Partnership {NOME} and, Emergency Sheffer Grant (ESG} program grants. The new Consolidated'. Plan wil! cover`the period July 1, 2010 to June 30, 2015. A presentation an the City's demographics and areas of need will be followed by a group discussion on these subjects. For more information, visit www.chutavi~taca. gov ~14r%~_ nizr't`nsi Sponsorec! by the City of Cfiuto'rfista I}e,,etopmenr Services, Housing Division ~~ j , f it ~. ~ I ... 1~ ~~ '`~, Source: City of Chula Vista. Talloros sobro Jas Prioridados dal Dosarollo do 1a Comunidad y Viviondas do Chula Vista Para Jos residences y proveedores de servicias sociales Lo cudad de Chula `~sta necesito su opinion acerco de to • . ends en nuestro comer dad, tog#a de hogar, y necesidades para el desa i ~'.s de ld conaunidad. Praveedores de Este de Chula Noroest~ Chula Suroeste Chula Servkiaa Sociatu: Vista: Yiafn: Vista: 14 do F~wro, 2p1Q 20 des Enoro, 2D10 27 d4 Erwro, 2014 3 do Fobraro, 2010 9:00 am - 3 2:00 pm 5:00 - 7:00 pm 5:00 - 7:00 pm 5:00 - 7:OQ pm City of Chutes Vista South Bpy Ytv1C' City of Chula Viofa South Library Housing C?ffice 1201 Paseo Magd ; Mousrng Office 389 Orange Avenue 276 Four-h Avonua Rancho dal Reyj 27b Fou~#fr A.vanvv Buiidin~ 3D0 Building 300 Sus comer •ario ~ ayud~6n d formar la estrategia ds flnanciamiento federal de is Ciudad para !os proximos 5 anos. Esfo reun)can es parte del proceso consolidado de planiticacbn requerido par el Gepartanlento del Desanollo Or'cano y de 3a Vivienda a t)n de que la Ciudad calific}ue para el Progrorr~ de Subsictios Gfoboles para sl Qssarr~lo Comur=,tfar'id (COBG}, el Programs de Asociacion de 3nversiones en '~vienda (HOtvtE), 'y sI Programs para personas sin hogar ;ESGj. Ed nuevca plan consolidado cutar)r6 sl perfodo del 1 de Julio del 20I d a1 30 ds Junlo tlei 20 t b. S[guiendo una presentacian la demograffo y areas necesitadas de Ghuia Vistd d"rscutiremos setae femas espec4fcos. Para rsservdr su )agar. llamenos al (b34j d91-503b. El ta9er sera ofrecido en 1ngEes. Sl rkecssita traductora presents, par favor dejenolo saber, Para mgs intormacton, visiienos en: ~NUnv.chufavistaea.gov. a+iiu V6rA ~artams-.'n d~ Servicras de. ~=°rrollo £~ivi: ~~ -. d~ Vrvicnda dr s . ..~ ~~ ~°It, ~J ~~ r'~ '. PAGE 2, SECTION IV BBC RESEARCH & CONSULTING Survey A survey was created to provide the community with the opportunity to comment on the City's greatest housing and community development needs. It contained seven basic eligible funding categories with specific activities within each of them. The survey was available in English and in Spanish and disseminated electronically, hard copy and was available on-line. A total of 154 surveys were returned. Exhibit IV-2. Housing and Community Development Needs Survey Housing and Cammunity DevQlopmon# Needa Survoy ?2k'!;& olRcial su~y - we word to nev aom row ..n. cacn ra>^» ~w.~~! cnw ~z~cmca..~ wa«aa+~m ~». we rw ua ~..:,,w. sm..o~..-.~ nu~,w.aaton»:.s~r a~-+...r., fo..,oe. xr*~?xx. n-m. Kin fi.: IXf K+~+~+~oT w - .ra~an~ ¢9!m~reaN.ro~.~r N~M~'v N.,uy arvf cnn+!r+.n>! a~.awY~+m+il xe-Y fi ~.scnx'4. a Aw'f^Mr R ; Aex Mm. 3M ia. w~h sn Si Mre .nxx Rifyaw fx FMtS Rn9 mw a»vsbG.Y a::l^'a'.I~9iLi o:z lM nin»Y. amJRRal rtwwf.~ eaawMe llu McSSMraiR rwm+: h~Mw Cayem9e mryew.~_ mw%snt~~raT.d Aw <:a1wA'.+ie .~w11t. Aq M4`+¢elff~+R 4a<:eneawe~.ilM CaM'6.N'++ew:k ~fp~nat m'K+Q+:<saP'ne4 ~.. yq Creq..••vgies hveti ~ ~ ~>arshmvw.~aa:.MMwc.!w~.d L; Iae'&gevaaw.uryTa i`~y: n.{vtuaM~aM.N NrK.i~'.~:~an V. 1 m flultlsII ~ qtr. C.a+~4 MSaw xe y~ .-ka.~,. .m..arr~i RnNy ,.~x~Po<a a: f .. ~ ~T~ ~ p "`" riaNaAxw ..~ ~ J ~. ir.D+4 aeMa rrY ~ .a F~w~iMSi. erA SfsH WI Buie 6Ya._..m..^S ~u+G Ka.?a"+'tetti*23~ut. (~ .. _I-lv .ear-~r ~y (~ ir.;hJiy£®- :.-. hJx (~ " CYaxv of AIIarx]rxwCt N SaE~J~y ~'f ~~! •. I1 ip rohnn M w~sP iv m.N. ;.mh.Wi r ~~ _ V fin arc S.v~cr.tix. _. ~ ~_ Ma a•f.F.n~ <¢rR.tt. r/~s~n ~: ~~,~. s..W~, ~'t C1 Srsailwsm~i ~1 ~a.~,~w.. CN 3 r _ssrx,:»~m ,~~ ~+wp=moz+~w»o c.rrn.~ n;:.ta~:.fiv~u.m>x~~x ~:.~+«~asz, {f. u i:: :<.,~.m. ,ev+,awr.,. cnmraw.. V~ Encue¢ta/Sondeo ao6re las necesidadea de Vivienda y Desarrollo ~~rf ~ Comuni#ario E<~~~to,ao~eeo or~~w - ~„~.ows same. su oP~o~ oiu~nte r xN.t-+C.aw+SS Cat.axrM ~ _ ". ar9 3wp.xam._-' eeww~.u~e.P*. W+1xwb.wwa~iaw tlw 6sYy'.+~1. kk~. W~7~.+u~ ssa •xu vo-J. _ veN. ~ 4+ryv .. ~_ .s N'~9fc +. ez ~ ~£3.'~a9Y xaas Y"~'~-Y'..-.._ ~vssi+sgtF (yi '... ,. ~e.id... ~- ~.. ~hl'~wr_.: r. YF~ aWY'<=a~+»ws~aocoWx F~ _ ~.... J. w. ..... ,~ _~ ~ lv„ ~....~ «u .wv4....w fa rv.+ L4nMa aaY dYr (`S .~ .. o .~+' J My.. 'y~~ iKriN4 t. b~0'ei .. ..O Cw 11 aS (_f Caw > , Cw SUq .w,.ts KK~IV+oC+Ym (.j EaMa`aV-~n • .... . ~ 3YVa^ia~ue-... i ~.., ..Yl~aa ~+alwA"~u lJYbY} ~ ~'J ~ YaSt~ >Y/+.w~~xYf1b ~~~~~' lzH.. ~3 ~..1~rJ~.E .. ~... ..c ....w o~wPw Ywwod~ w.... .. a ~ .~.. ~ .Q ~ F 'i'.~~~ ~ t+wz: .a ~~ ~eC~~ ~Xx »» wea. ~9+C~al r.tlb Dwtw^tW .~... _N Qa+` r r A u.' ~+i{4 . ~ Fasr+asv ~. Cw... ~ r -r.,..ce x ~:urlu1aan ~ hw..'~= x . ^ re~Aa.e~.i Ynq YK L7 `iwa C ~ ~} WrzvCrzubau-n~ ~~ YSSt93 r 'Srd.a:.'NhIYLw V piryaw N.ntw.y Cae~a~~~Y~ESrs.+.w 4Y>:+Nf'~Mw'+Yxc ~ T ~k+ewc pr Cerwru raali~ ~ .s wv.aun~xr~aw~i ria~w Mi %r.. »w. wl +..i+ . g ~=r!~ wewu tv.. ,ieA9r... _v ~' y f t+ . w Source: City of Chula Vista. BBC RESEARCH H~ CONSULTING SECTION IV, PAGE 3 Housing and community development funding priorities. The survey listed seven basic eligible funding categories under the grant programs: Infrastructure; Business and Jobs; Housing; Community Services; Neighborhood Services; Special Needs; and, Community Facilities. The category which received the highest priority rating was Infrastructure at 29.3 percent, with Business and Jobs following closely at 26.4 percent. Exhibit IV-3. Priority Funding Categories Community facilities (S.7%) Special needs (7.6%) Neighborhood services (8.6%) Infrastructure (29.3%) Source: City of Chula Vista. Community facilities. The public was asked to pick one activity under Community Facilities, which they believed to have the highest priority. These activities include: Senior Centers; Youth Centers; Child Care Centers; Park and Recreational Facilities; Health Care Facilities; Community Centers; Fire Stations/Equipment; and, Libraries. The activity which received the highest priority rating under Community Facilities was Health Care Facilities at 20.1 percent with Parks -and Recreational Facilities following with 17.9 percent. Exhibit IV-4. Libraries (10.4%) Community Facilities Senior centers(9.0%) Fire stations/ Youth centers Priorities equipment (14.9%) (12.7%) Source: --.ter ~ ~ rj City of Chula Vista. ~ r``. Child care centers (6.0%) Community centers (9.0%) Park and recreational facilities (17.9%) Health care facilities (20.1 %) Community services (10.0%) Housing (12.1 %) Businesses and Jobs (26.4%) Infrastructure. The public was provided with six activities to choose from under Infrastructure. These included: Drainage Improvements; Water/Sewer Improvements; Street/Alley Improvements; Street Lighting; Sidewalk Improvements; and, ADA Improvements. Street/Alley Improvements had the highest priority with 40.3 percent of the votes, followed by Sidewalk Improvements, with 26.9 percent. Exhibit IV-5. Infrastructure Priorities Source: City of Chula Vista. Drainage improvements (1.5%) ADA improvements (6.7%) wara.~.owor Sidewalk improvements (26.9%) ~ments (14.9%) Street lightir street/alley nprovements ;40.3%) PAGE 4, SECTION IV BBC RESEARCH St CONSULTING Special needs. The Special Needs category contained eight activities as priority choices: Centers/Services for Disabled; Accessibility Improvements; Domestic Violence Services; Substance Abuse Services; Homeless Shelters/Services; HIV/AIDS Centers; Neglected/Abused Children Center and Services; and, Family Self-Sufficiency Services. Exhibit IV-6. Special Needs Priorities Source: City of Chula Vista. Family self-sufficiency services (32.6%) ~`" Neglected/abused I children center and services (17.1 %) Centers/services for disabled (7.8%) Accessibility improvements (3.9%) Domestic violence services (7.0%) - Substance abuse r '~~~ services (4.7%) HIV/AIDS center (1.6%) Homeless shelters/ services (25.6%) Community services. This category contained eight public services including: Senior Activities; Youth Services; Child Care Services; Transportation Services; Anti-crime Program; Health Services; Mental Health Services; and, Legal Services. An anti-Crime program, with 33.3 percent was high on the priority rating. Exhibit IV-7. Community Services Priorities Source: City of Chula Vista. Legal services (0.8%) Mental health services (9.8%) Senior activities (6.8%) Health services (1 s.z%1 Youth services (16.7%) Child care services (6.8%) Transportation services (10.6%) Neighborhood services. This category included community enhancement oriented projects such as: Tree Planting; Trash and Debris Removal; Graffiti Removal; Code Enforcement; Parking Facilities; Cleanup of Abandoned Lots/Buildings. Clean-up of Abandoned Lots/Buildings received highest priority at 28 percent with Graffiti Removal following with 19.7 percent. Exhibit IV-8. Neighborhood Services Priorities Source: City of Chula Vista. Cleanup of abandoned lots/buildings (28.0%) Parking facilities (3.8%) Trash and debris removal (15.2%) Graffiti removal (19.7%) Code enforcement (22.0%) Tree planting (11.0%) BBC RESEARCH Ht CONSULTING SECTION IV, PAGE 5 Anti-crime program (33.3%) Business and jobs. This category contained economic development activities including: Start-Up Business Assistance; Small Business Loans; Job Creation Retention; Employment Training; Facade Improvement; Business Mentoring; and, Commercial/Industrial Rehabilitation. The highest rating was for Job Creation/Retention at 53.3 percent. Exhibit IV-g. Business and Jobs Priorities Source: City of Chula Vista. Commercia I/industrial rehabilitation (7.4%) Business mentoring (1.5%) '.. Facade improveme Employme training (14.1 all business ns (9.6%) Housing activities. These activities included: ADA improvements; Owner-Occupied Housing Rehab; Rental Housing Rehab; Homeownership Assistance; Affordable Rental Housing; Housing for Disabled; Senior Housing; Housing for Large Families; Fair Housing Services; Lead-Based Paint Test/Abatement; and, Other which pertains to housing projects and programs not supported under the grant programs. Affordable Rental Housing, with 29.6 percent received the highest rating in this category. Exhibit IV-9. Housing Priorities Source: City of Chula Vista.. ADA improvements (0.7%) Lead-based paint Owner-occupied housing tesUabatement (20.0%) rehabilitation (13.3%) Housing for large families (2.2%p- Fair housing-- ::~,,,,,, _ services (2.2%) _~- Senior housing (7.4%) Housing for disabled (0.7%) Homeownership assistance (20.0%) Start-up business Rental housing rehabilitation (3.7%) PAGE 6, SECTION IV BBC RESEARCH Ht CONSULTING fob creation/retention (53.3%) Affordable rental housing (29.6%) Exhibit IV-10. Consolidated Plan Schedule January -March Needs Assessment Research January 14, 2010 Consolidated Ptan Community Workshop • For Social Service Providers • City Of Chula Vista Redevelopment St Housing Office January 20, 2010 Consolidated Plan Community Workshop • East -South Bay YMCA January 27, 2010 Consolidated Plan Community Workshop • Northwest -City Of Chula Vista Redevelopment St Housing February 3, 2010 Consolidated Plan Community Workshop • Southwest- South Library March 23, 2010 City Council Public Hearing • City of Chula Vista Redevelopment and Housing • 276 Fourth Avenue; City Council Chambers March 30 - 30-Day Public Review Period April 30, 2010 . Draft 2010/2011 CDBG/HOME/ESG Annual Action is made available to the public for public review and comments May 4, 2010 City Council Public Hearing* • final Action Plan is approved by Council • City of Chula Vista Redevelopment and Housing • 276 Fourth Avenue, City Council Chambers May 14, 2010 Final Action Plan submission to HUD July 1, 2010 Implementation of 2010/2011 Annual Action Plan * Public hearing dates are tentative. Notice of all public hearings will be placed in the local newspapers of general circulation. BBC RESEARCH $t CONSULTING SECTION IV, PAGE 7 Exhibit IV-11. Proof of Publication PF#?OF OF PUBUCATfON (.2015.5 G.G.Fj Thhz apace is far the Gwrrty Clerk's Bing stamp. STATE t?F CAL1Ft11Ei't~ItA, County o[ San Diego: I sm a citizen of the United Sues and a resident at the county aforesaid; 1 am ower the age of e~taen years, and not a party ttr yr Interested In the above-9rtdtled matter. I am the principle clerk al the prin~r a THE STAR-1+tE'1AP~, a newspaper at general circulatlan, Publbhred QNCE WEEKLY in ire of CHIiLA Y15TA and the South Bay Judic~l Olstrtct, Caunty of San Diego, which rwae<aspa~ has been adjudged a rpapar of general circulattvrt by the Suiparivr Court of the i;oclnty of San Diego. State at i~aNfomla, under the date of .lanuary t&. 1973, Case Number 7175 that the notk~, vt which the annex! is a prRtLad copry (set ~ type not smaAer then nan- pare®), lrna bean pubtistretl ~ each regular and entire issue of said nwurspslper arrrt Wart in arty stq~plsment thereof on the folbwing dates, to-wtt: 1116, 1f2Z all in dte year 2010. l certify (nr dec~rej under penalty ~ perjury that the fvregaing is true and correct. Dated at Chula Vista. Caltkxn~ 91910 #ris 22r~i day of January 201a, r f RI P CLERK. Proof of PubllCation of CV4t ass Cosvtidated Klan Workvtrops cr+ u w~~ ~ ~eco~in~,si~r ~r+~ D£VELQF~~ t~E.os vroRlcsr+o~ ~' Ttie ~~}y' Qt Ct,+,~ia V3srA ,15 rkvelopt~4 it0. ~,'~ly'4. 5vtrr year CansnVdAM~ `p~~, wfiic}i kS~ttrr696 ,ne c>~yrb ~~n ~o~s- vont~tr~61+4 tY anr4 oi~nes a s~ra?~Y ~~, 's~rese ~~o>:a =i~,ets~s: ~Tno ~°tq wt~ hold a ~- ad wrxkrbwizs in vadcars areas of fr.a Gay >4 soncR as ma nee ~ s,e co~n!sy. ~~~ ~. 5:~-~~~ sous, tiny Hv11rt Gtwl3`1Gr~! ~n ~'. iota s.oo . , oa ci: ~ac~;~ ~r,~'~ orr~ 2~6 i-rxtarti' Av~ru~ fsu3r~J X06 S4~t[1Yta9LGhtdiYl>i~ F+stru~Y 3, 2040 5.ixt 7:9G' prn Scwth t$r~y 389 Qrange Avet,UUO Ttw L#y i9 CURariilV ei* 87pip to f90e We ~ rRx- Irttdtdy ~`~ OW_ from the ~ m ~+v k L}eti~ok'~M"'~ pr~,it IGOE3Gl wa gs'am, ttw tiCiMrE i~ ves/rnent P`arinetytwp F'rm arn9 rne;=met- r~y - Sh~hl6es Cxrent ~FSG.`;. f'rtbyr3~R. aR ihr,~fl lraerested to rrulUer are invActtf to al<and. if you have rxrry ~rrt;st~r~ rrtlard' ing this matter. 4"~?~ Laves. ~$tryD~NaP- at x$49}~t.5f.1:36 or ~tila~.. v4s tkct.chulEr`~.Ca. us. 1 X15 2?J'I n CVat453 Source: City of Chula Vista. PAGE 8, SECTION IV BBC RESEARCH & CONSULTING ~ o ~2 PROOF OF PUBLICATION (2015.5 C.C.P} STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principle clerk of the printer of THE STAR-NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of CHULA VISTA and the South Bay Judicial District, County of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than non- pareil), has been published in -each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 3/5, 3/12 all in the year 2010. I certify (or declare} under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 12th day of March 2010. Signature PRIN I AL CLERK This space is for the County Clerk's filing stamp. Proof of Publication of CV41990 Action Plan and ConPlan CfTY' OF ` CHULA'VISTA r~oncE °QF ~ PUBLIC ' <-NOTICE OF' fiEVIEW PERIOD _ PUBLIC HEARING ~Nohce ~ is ~ also given ~ COMPLIANCE WITH. ANO PUBLIC'REVIEW that the~;City:,has pre- AMERICANS. ~ W[T1-f 'PERIOD ' " parad ,the'.- 201'02015 "Dt$ASILITIES ACT OF 1-HEGrf`F OF' ~~ FiJe Year"Consolidated' (ADA): =The City; --iri -CHULA VISTA-- j Plan and': th@ :2010- ~~ pomplying ,; with the COMMUNITY ~ 2011 `Anrwal , Action ~ `AtncriCans -With ~Disa- DEVE~~MENT' ~ Plan Ttie'plans are in I bllities Act;°requests in- BLOC RANT d~aft,fdrm and will, be' dividuals;;:!xlto- -require (CDBGjPROGRAM; available -for, a 30=day' special accommodagortl "THE:HOPIIE ~ review .period from ~ to access, "attend .~~INVESTMENT~"'" Ntarch~ 22 through '• and/or participate~in~a' -;"PARTNERSHIP April 22, 2010. 'City meeting,.actrvity or PROGRAM (HOME) ~ .service ,~ request such' ,. _ AND THE~~ ~, The, draft Consolidated i accommodation ' at EMERGENCY' Plane, bontains ".Chula ; ,feast. 48 hours in ad= SHELTER GRANT Vistas :five-year vision vance~ for - .meetings;- PROGRAM (ESC)' for'_comtnuhity develop=~ and S,days for sched- "" r" `- ment_services indud- !tiled services and activ- PUBLIC HEARING ~ Irig: affordable, housing; ~' ities. ~Flease contact Notice is hereby 'given ~ capital,; improvement ifie. Cit?r Cleric's Office that the City of Chula ~ protects and social for assistance at (6i9) Vista.,:will '' conduct . a services .programs. 691-504f . Service ;for Public Hearing" on ,The Annual Action Plan the hearing impaired is March ' 23;"" 2010 `at is the single application : -.available at (619)-585- 4:0.0 pm to solicit pub- "`arid, "proposed. 2010 ',.:5647 (TOD), tic , comment ""on `the , 2011: Spending plan;.for ~~ ' GU41990 3/5,12,10. housing and communi- the federal entitlement ~ - ~-- - ty developmen4 . needs . grahts. of dower income house= i ; 'holds .in='-Chula ~~Vista. ~ This~is your~~opportunity; The City is currently,eli- 1 to'comment on the, iri= gi61e to receive"approx„ , formation `contained In'! imately =:$3miliion~?~ m '.the' draft:"plans. i;,Your { oombinetl : '~ CDBG, " comments will be incur HOMES ~ESGi Program = posted into the : final l funds < <`The;xpublic;i plans,•_'which !Will be heann `'vVilt also;;-in- .1-submitted for 9 approval -elude `consideration` of 1 to`the U7S. Department funding~ requests'~and is of Hous~ng_and. Urban ~ recommendations for 'Development (HUD)•t" : ` Public Ser`v~ces, Capi- i' tai" improvement' and The drafts aPe available ', Public Facility Projects, for,.yoUt review at, the i and Administration and iCity of. Chula. Vista,.,:' Planning. _ Housing office . ,, You ~ _' ~ may submit- comrnerrts' All those, interested"~i~ to Angelica:Davis via•q- , rence'at 4 00 p m.. ~ son on the ahoy rill be held m City f public hearing d - ~;"dv w~Co`unc~l -~ -- -_ SECTION V. Strategic Plan ~~~~~.~~L NT €~,c~~~G~ ~ ~~~ ~ ~ • 3 5 Year Strategic Plan ~~ ~ ~ ~~~ This document includes Narrative Responses to specific questions ~~ ~p`~ that grantees of the Community Development Block Grant, HOME C~EV~ Investment Partnership, Housing Opportunities for People with AIDS and Emergency Shelter Grants Programs must respond to in order to be compliant with the Consolidated Planning Regulations. Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. 3-5 Year Strate4ic Plan Executive Summary: Please see the stand alone Executive Summary that is part of the City of Chula Vista FY2010-2015 Consolidated Plan. Strategic Plan Due every three, four, or five years (length of period is at the grantee's discretion) no less than 45 days prior to the start of the grantee's program year start date. HUD does not accept plans between August 15 and November 15. Mission: This Strategic Plan is part of the five-year City of Chula Vista Consolidated Plan and Action Plans, covering program years 2010-2015. The City of Chula Vista's mission in creating the FY2010-2015 Consolidated Plan is to provide a comprehensive vision for the community that addresses diverse needs, provides decent housing and a suitable living environment as well as expanded economic opportunities. General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) and the basis for assigning the priority (including the relative priority, where required) given to each category of priority needs (91.215(a)(2)). Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 3. Identify any obstacles to meeting underserved needs (91.215(a)(3)). 3-5 Year Strategic Plan 1 City of Chula Vista City of Chula Vista 3-5 Year Strate4ic Plan General Questions response: i. and 2. Geographic Area and Allocation: Chula Vista is the second largest municipality in San Diego County behind the City of San Diego with a population of approximately 230,000 residents. The city is surrounded by National City, the City of San Diego, and the unincorporated areas of the County. From a development perspective the city can generally be divided in two, with the western portion fully developed except for opportunities for infill and residential redevelopment. The developing "eastern area" is comprised of large vacant tracts and several master-planned communities in various stages of approval and implementation. The geographic distribution of funds for assistance is as follows: Housing assistance can be generally described as available throughout the entire city to income qualified households. Homeownership activities, rehabilitation of owner-occupied, and mixed income rental housing acquisition and development can occur in any area of the city exhibiting need or project feasibility (subject to program guidelines). Housina preservation activities are implemented in the low to moderate income census tracts throughout the city. Homeless assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive services based on income level and being at-risk or currently homeless. Special needs assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive assistance based on income level and special need. Public services can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive assistance based on income level. Public facility and infrastructure oroiects must be located in low to moderate- income census tracts, as shown in the following map. 3-5 Year Strategic Plan 2 City of Chula Vista City of Chula Vista Exhibit 1. Percent of Low to Moderate Income Households, City of Chula Vista _.- 4 "" cnura v~std kst a,an 2#.N95 ... Lw.~.... _... .. ... :. 25 fWf SP #'y 945 illiil~ Sites to 74.9+c 3. Obstacles to meeting needs Chula Vista has very actively addressed housing needs by increasing (with required voter approval) participation in future affordable rental developments, approving a mobile home overlay district to address mobile home redevelopment and loss of affordable units, passing its Affordable Housing Policy which requires developers to contribute to the affordable housing stock, increasing allowable residential density in the city's general plan and by not placing strong limits on residential growth. However, local and state sources of revenue for affordable housing and community development are inadequate to address housing and community development needs in the city. The current economic climate is particularly challenging. On the plus side, home prices have fallen, enabling more moderate income renters to afford to buy homes-if they .are able to get financing. The city will also benefit from new federal funds to address many of its most acute and community development needs. Managing the Process (91.200 (b)) 1. Lead Agency. Identify the lead agency or entity for overseeing the development of the plan and the major public and private agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe the jurisdiction's consultations with housing, social service agencies, and other entities, including those focusing on services to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. *Note: HOPWA grantees must consult broadly to develop ametropolitan-wide strategy and other jurisdictions must assist in the preparation of the HOPWA submission. 3-5 Year Strategic Plan 3 City of Chula Vista City of Chula Vista 3 5 Year Strateaic Plan Manaaina the Process response: i. Lead agency. The Chula Vista Redevelopment and Housing Division is the lead organization within the City which coordinates the Consolidated Planning process. The division receives the following block grants from HUD annually: ^ CDBG. The Community Development Block Grant (CDBG) is both the oldest and largest of the HUD programs for housing and community development. CDBG can be used for a variety of activities including: > construction and rehabilitation of community facilities including those that help special needs populations (e.g., community centers, homeless shelters); > removal of accessibility barriers from public buildings; > loans or grants to business for job training and hiring of lower income workers; > demolition of property; > provision of operating dollars to social service organizations; > public infrastructure improvements (streets, sidewalks); and > downpayment assistance for homeownership. HOME. The HOME Investment Partnerships Program was created in 1990. This program provides federal funds for a variety of housing activities including construction of affordable housing; rehabilitation of affordable housing; acquisition of buildings for affordable housing; homebuyer downpayment assistance and counseling; and tenant-based rental assistance. ^ ESG. The Emergency Shelter Grant (ESG) program funds programs that help persons who are homeless and their families. ESG can be used for shelter rehabilitation; operations and maintenance of a homeless facility; supportive services for persons who are homeless (e.g., job training or child care); and homeless prevention activities. The City retained BBC Research & Consulting (BBC) of Denver to complete the Five- year Consolidated Plan. The citizen participation process for the Consolidated Plan and Action Plan was completed by the City. 2 and 3 Development of Consolidated Plan and Consultations. During the development of this Consolidated Plan, the city's public input process included: meeting at city hall with stakeholders, three public meetings with residents, a public hearing, a needs survey and a comment review period for the Consolidated Plan and the Annual Action Plan. The public input process is described in greater detail in Section IV, as well as in the Citizen Participation section below. The stakeholder meeting was attended by the following social service providers: • South Bay Community Services • Interfaith Shelter Network • Family Health Centers of San Diego • Meals on Wheels 3-5 Year Strategic Plan 4 City of Chula Vista City of Chula Vista • County of San Diego -Community Action Partnership • Chula Vista Veterans Home Support Foundation • Chula Vista Community Collaborative • Adult Protective Services • Lutheran Social Services • City of Chula Vista Recreation Department • Metropolitan Area Advisory Committee (MAAC Project) A public hearing was held on March 23, 2010 prior to the release of the draft Consolidated Plan fora 30-day comment period which ran from March 30, 2010 through April 30, 2010. On May 3, 2010, City Council approved the submission of the final Consolidated Plan to HUD at a public hearing that was held on March 23, 2010. Citizen Participation (91.200 (b)) 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. 3-5 Year Strategic Plan Citizen Participation response: 1. Summary of citizen participation process. Staff met with stakeholders, who provide housing and various social services to the low/moderate income and special needs population of the city. The meeting was held at City Hall on January 14. Participants shared their opinions on the greatest needs of our residents with respect to Housing, Economic Development, Community Development, Public Services, and Special Needs populations. Three community meetings were scheduled and outreach was conducted to invite low/moderate income residents to attend. One meeting was held at City Hall, while the other two were held in the east (South Bay Family YMCA) and the south (Chula Vista South Library) representing all areas of the City. City staff presentations gave the public an overview of the grant programs which included a brief history of prior funding amounts and examples of projects and programs funded in the areas of housing, homelessness, community development, social services, and economic development. Residents were asked to provide comments on funding priorities within these areas. The community meetings flier was distributed broadly to local organizations, social service agencies, public libraries, City Hall and other neighborhood locations. Information was also disseminated through local newspapers, Nixle and the City website. 3-5 Year Strategic Plan 5 City of Chula Vista City of Chula Vista A survey was created to provide the community with the opportunity to comment on the City's greatest housing and community development needs. It contained seven basic eligible funding categories with specific activities within each of them. The survey was available in English and in Spanish and disseminated electronically, distributed at public meetings and was available on-line. A total of 154 surveys were returned. 2. Citizen comments and views. Forthcoming after public comment period. 3. Efforts made to broaden participation. The community meetings flier advertising the public meetings was distributed broadly to local organizations, social service agencies, public libraries, City Hall and other neighborhood locations. Information was also disseminated through local newspapers, Nixle and the City website. 4. Comments not accepted. Forthcoming after public comment period. Institutional Structure (91.215 (i)) 1. Explain the institutional structure through which the jurisdiction will carry out its consolidated plan, including private industry, non-profit organizations, and public institutions. 2. Assess the strengths and gaps in the delivery system. 3. Assess the strengths and gaps in the delivery system for public housing, including a description of the organizational relationship between the jurisdiction and the public housing agency, including the appointing authority for the commissioners or board of housing agency, relationship regarding hiring, contracting and procurement; provision of services funded by the jurisdiction; review by the jurisdiction of proposed capital improvements as well as proposed development, demolition or disposition of public housing developments. 3-5 Year Strategic Plan Institutional Structure response: i-3. Institutional structure. There are many organizations and various city departments, which play a role in implementing the city's five-year strategy. The coordination of these entities in implementing the five-year strategy rests with the City of Chula Vista Housing Division. In addition, City staff continues to work with the Housing Authority of the County of San Diego to provide Section 8 rental assistance. The city's CDBG, HOME, and ESG programs are administered by the city's Housing Division under the direct supervision of the Housing Manager. Two Project Coordinators are directly responsible for the administration and management of the CDBG, HOME and ESG programs, more specifically planning, regulatory compliance, contract administration, environmental assessments and fiscal management. During FY 2010/2011 the City will continue to attend regional-wide consortiums to discuss and maintain current on issues involving our communities as they relate to CDBG, HOME and ESG as well as other funding opportunities such as Neighborhood Stabilization Funds, Housing and Economic Recovery Act of 2008 funds, and Recovery Act funds. The City participates in the CDBG Coordinators Group, Regional 3-5 Year Strategic Plan 6 City of Chula Vista City of Chula Vista Continuum of Care Council, South Bay Homeless Advocacy Coalition, National Association of Housing and Redevelopment Officials, San Diego Association of Governments, San Diego Housing Federation, Housing Opportunities Collaborative, and Fair Housing Resources Board. Additionally, non-profit housing developers and service providers are a critical resource to the city. The following developers and service providers are some of the non-profits who have been active in the city and play an important role in the Plan: ^ California Community Reinvestment Corporation (CCRC) -Provides permanent financing of multi-family rental and limited equity housing cooperatives. ^ South Bay Community Services (SBCS) -Multi-service social service agency and affordable housing developer working closely with the city on numerous community improvement projects. Also a key player in mitigating homelessness and providing services to homeless populations. ^ Metropolitan Area Advisory Committee (MAAC~ -Multi-service social service agency and affordable housing developer working with the city on various affordable housing projects. ^ Pacific Southwest Community Development Corporation (PSCDC)-PSCDC is a non-profit company that acts as the managing general partner for low and moderate income apartment properties in California. The city also coordinates with the following agencies to leverage resources: ^ Redevelopment Agency 20 percent Set-Aside -The city's Redevelopment Agency sets aside approximately twenty percent of tax increment revenue annually that is generated from the city's five redevelopment project areas, which is used for the development and rehabilitation of affordable housing. ^ Mortgacae Credit Certificate Program (MCC) -The city currently participates in the Regional MCC Consortium administered by the County of San Diego, which provides tax credits for first-time homebuyers to offset downpayment and closing costs associated with purchasing a home. ^ Strengths and asps of the system -The City of Chula Vista has developed partnerships with outside agencies and non-profits to provide our residents with the needed services. The city will use these partnerships to help achieve the goals and objectives in this Consolidated Plan. Monitoring (91.230) 1. Describe the standards and procedures the jurisdiction will use to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. 3-5 Year Strategic Plan Monitoring response: The city holds annual mandatory training sessions for nonprofit subrecipients of the HUD block grant program. The training provides information related to project 3-5 Year Strategic Plan 7 City of Chula Vista City of Chula Vista implementation, procurement and contracting, applicable regulations and financial management. Project managers are made aware of local, state and federal regulations that apply to these programs and receive a copy of HUD's training materials, including Playing by the Rules. In addition, city grant administrators provide ongoing technical assistance to subrecipients of all entitlement programs throughout the year. All contracts funded by CDBG, HOME and ESG specify monitoring, inspecting and reporting requirements. Monitoring requirements vary by funding source. Every year city staff select a number of projects that are identified based on high-risk and special circumstances. Typically, affordable housing projects are monitored by reviewing semi-annual progress reports that include project accomplishments, information on the number of families assisted, proof of current insurance coverage, annual audits, management reports, compliance with rent restrictions and property maintenance documents. In addition, staff conducts onsite file reviews and unit inspections to ensure compliance with local housing codes as well as HUD's Housing Quality Standards. Community development and public facility and infrastructure improvements are monitored by review of claims and supporting documentation, as well as onsite file review and an occasional onsite visit of the project. Homeless programs are monitored by a review of claims and supporting documentation, onsite file review and unit inspections to ensure compliance with local housing codes as well as HUD's Housing Quality Standards. Home repair loan program and homebuyer assistance programs were monitored through certification. The process of certification includes database queries, mailing certification notices to all outstanding loans and verifying owner occupancy. Priority Needs Analysis and Strategies (91.215 (a)) 1. Describe the basis for assigning the priority given to each category of priority needs. 2. Identify any obstacles to meeting underserved needs. 3-5 Year Strategic Plan Priority Needs Analvsis_and Strategies response: 1. Priority needs. The priority needs and strategies for the City of Chula Vista Five- Year Consolidated Plan for FY2010-2015 were developed based on the findings from both quantitative research (Sections II, III) and the public input process. Other city documents were referenced for the identification and prioritization of needs including the city's Analysis of Impediments to Fair Housing Choice (AI) and Housing Element. The priority housing needs were primarily determined from the gaps analysis performed as part of the Housing Market Analysis, from which issues of overcrowding and cost-burden can be detected. The priority needs for special needs populations and community development were derived through the analysis that appears in 3-5 Year Strategic Plan 8 City of Chula Vista City of Chula Vista Section III, which compares populations in need with the resources available to serve them, as well as through stakeholder consultation and community meetings. For housing and community development programs, the following priority needs ranking has been developed according to the following HUD-specified ranking: Hi4h Priority: Activities to address this need are considered essential. Appropriate federal grant funds will be provided to approved projects when funds are available. Medium Prioritv: Needs are documented and are considered important. If funds are available, activities to address this need may be funded by the city during the five- year period. Also, the city may take other actions to help this group locate other sources of funds. Low Prioritv: The city is not expected to directly fund activities using funds to address this need during the five-year period, but applications for federal assistance by other entities might be supported and found to be consistent with this Plan. No Such Need: The city finds there is no need or that this need is already substantially addressed. The city will not support other entities applications for federal assistance for activities where no such need has been identified. High priority needs are the needs identified during the public input process and the quantitative analysis, as well as the needs that the City Council and staff have targeted as priorities in the City of Chula Vista. 2. Obstacles to meeting needs. Chula Vista has very actively addressed housing needs by increasing (with required voter approval) participation in future affordable rental developments, approving a mobile home overlay district to address mobile home redevelopment and loss of affordable units, passing its Affordable Housing Policy which requires developers to contribute to the affordable housing stock, increasing allowable residential density in the city's general plan and by not placing strong limits on residential growth. However, local and state sources of revenue for affordable housing and community development are inadequate to address housing and community development needs in the city. The current economic climate is particularly challenging. On the plus side, home prices have fallen, enabling more moderate income renters to afford to buy homes-if they are able to get financing. The city will also benefit from new federal funds to address many of its most acute and community development needs. Lead-based Paint (91.215 (g)) 1. Estimate the number of housing units that contain lead-based paint hazards, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and are occupied by extremely low-income, low-income, and moderate-income families. 2. Outline actions proposed or being taken to evaluate and reduce lead-based paint hazards and describe how lead based paint hazards will be integrated into housing policies and programs, and how the plan for the reduction of lead-based 3-5 Year Strategic Plan 9 City of Chula Vista City of Chula Vista hazards is related to the extent of lead poisoning and hazards. 3-5 Year Strate4ic Plan Lead-based Paint response: 1. Estimate number of units at risk of lead-based paint hazards. Just two percent (1,333 housing units) of the city's housing stock was built before 1940, when lead-based paint was most common. About 16 percent (12,260 units) was built between 1940 and 1960, when lead-based paint was still used, but the amount of lead in the paint was being reduced. Most of these units-9,200-were built during the 1950s. Another 24,000 units were built during the 1960s and 1970s, when lead- paint was used less frequently but still allowed by law. Altogether, 18 percent of Chula Vista's housing stock was built in periods when lead- based paint was commonly used. If (as HUD estimates), two-thirds of the pre-1940 units in the city contain lead paint and one-half of the units built between 1940 and 1960 also do, then it is estimated 7,000 housing units in the City of Chula Vista (9 percent) may contain lead paint. By tenure, the proportion of units that could contain lead paint is the same-the risk is 9 percent for both owner- and renter-occupied units. The following map shows the areas in the city that likely have the highest risk of lead-based paint hazards. These areas have both high proportions of low income residents and the oldest housing stock in the city. Percent of at Risk Lead-based Paint Hazards, by Census Tract, Chula Vista, 2009 Source: BBC Research & Consulting. 2. Lead-based Paint reduction actions. The city currently assists homeowners alleviate lead-based paint hazards through the Community Housing Improvement Program (CHIP). When lead-based paint is discovered through the rehabilitation of the property, funds are used to remediate lead-based paint homes. The city utilizes the Low and Moderate Income Housing Funds for this purpose. With the newly implemented lead-based paint legislation, Chula Vista will be designing alead-based paint hazard program to provide information to Chula Vista residents and measures to limit the impact of lead-based paint. 3-5 Year Strategic Plan 10 City of Chula Vista City of Chula Vista Housing Needs (91.205) *Please also refer to the Housing Needs Table in the Needs.xls workbook Describe the estimated housing needs projected for the next five year period for the following categories of persons: extremely low-income, low-income, moderate-income, and middle-income families, renters and owners, elderly persons, persons with disabilities, including persons with HIV/AIDS and their families, single persons, large families, public housing residents, victims of domestic violence, families on the public housing and section 8 tenant-based waiting list, and discuss specific housing problems, including: cost-burden, severe cost- burden, substandard housing, and overcrowding (especially large families). 2. To the extent that any racial or ethnic group has a disproportionately greater need for any income category in comparison to the needs of that category as a whole, the jurisdiction must complete an assessment of that specific need. For this purpose, disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least ten percentage points higher than the percentage of persons in the category as a whole. 3-5 Year Strategic Plan Housing Needs response: i. Existing housing needs and projected needs. Please see Section III of the full Consolidated Plan for a discussion of the existing housing needs of target and special needs populations, including housing problems of cost burden, severe cost burden, substandard housing and overcrowding. Extremely low income renters. Analysis completed for the Consolidated Plan found 1,316 renters earning less than $15,000 could not find rental units they could afford in Chula Vista. If the city maintains its current household growth, extremely low income renters experience the same growth as the city overall, this need will increase to 1,600 renters in 2015. Very Low income renters. The need will increase to 3,111 renters earning between $15,000 and $25,000, from 2,557 currently, given the same assumptions listed above. Low income renters. No current need; no future need anticipated. Moderate income renters. No current need; no future need anticipated. Extremely low income owners. CHAS data report that 1,435 owners earning 30 percent of MFI and less had some type of housing problem as of 2000. By 2015, this could increase to 1,746. Very low income owners. The need will increase to 1,555 owners, from 1,278 currently, given the same assumptions listed above. 3-5 Year Strategic Plan 11 City of Chula Vista City of Chula Vista Low income owners. The need will increase to 3,572 owners, from 2,934 currently, given the same assumptions listed above. Moderate income owners. The need will increase to 8,255 owners, from 6,782 currently, given the same assumptions listed above. Frail elderly persons. CHAS data suggest that 4,514 frail elderly individuals have some type of housing need, including cost burden. This population will grow more rapidly than the population overall in the city in the future. If this population grows at twice the overall rate of growth, by 2015, the need could increase to 6,633. Persons with disabilities. Based on CHAS and Census data, there are 2,618 persons with disabilities living in poverty and who likely have housing needs. This could increase to 3,186 by 2015. Persons with HIV/AIDS. Housing needs are expected to increase to 246 in 2015, from 202 currently. Households on PHA waitino lists. 2. Disproportionate need. Disproportionate need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage of persons in a category as a whole. For the Consolidated Plan, CHAS data were used to compare housing needs by race and ethnicity to determine disproportionate need. In Chula Vista, 32.8 percent of non-Hispanic, White households reported housing problems, compared to 50 percent of African American households, 55.7 percent of Hispanic households and 48.9 percent of Asian households-suggesting that disproportionate need exists among minority groups in Chula Vista. However, for the very lowest income households (earning less than 30 percent of MFI), the difference in housing problems between whites and minorities is less than 10 percentage points. Priority Housing Needs (91.215 (b)) 1. Identify the priority housing needs and activities in accordance with the categories specified in the Housing Needs Table (formerly Table 2A). These categories correspond with special tabulations of U.S. census data provided by HUD for the preparation of the Consolidated Plan. 2. Provide an analysis of how the characteristics of the housing market and the severity of housing problems and needs of each category of residents provided the basis for determining the relative priority of each priority housing need category. Note: Family and income types may be grouped in the case of closely related categories of residents where the analysis would apply to more than one family or income type. 3. Describe the basis for assigning the priority given to each category of priority needs. 4. Identify any obstacles to meeting underserved needs. 3-5 Year Strategic Plan 12 City of Chula Vista City of Chula Vista 3-5 Year strate4ic Plan Priority Housin4 Needs resaonse: Housing priorities. The city's top housing priorities during the next 5 years are: 1. Affordable rental housing for low and moderate income households. Targeted groins: Extremely and very low income households and special needs households; Low and moderate income households. Basis forpriority: 1) Gaps analysis that showed a shortage of 3,800 rental units for households earning $25,000 and less; 2) Input from stakeholders that identified programs that prevent and mitigate homelessness as highly needed; 3) Analysis of special needs populations housing and social service needs. 2. Maintenance and preservation of existing housing stock. Targeted groins: All low income owners and owners with special needs. Moderate income households. Basis for priority: 1) Aging housing stock, presence of mobile homes and housing stock with lead-based paint hazards (as many as 7,000 housing units). 3. Homeownership opportunities. Targeted groins: All low and moderate income renters wanting to be owners. Basis for priority: 1) Gaps analysis that showed that households must earn $75,000 before a quarter of for sale housing units are affordable. Also based on analysis in Section III that demonstrates that for sale prices, especially for detached homes, are still largely unaffordable to workforce, even with the downturn in the housing market. Please see the discussion of obstacles on page 2. Housing Market Analysis (91.210) *Please also refer to the Housing Market Analysis Table in the Needs.xls workbook Based on information available to the jurisdiction, describe the significant characteristics of the housing market in terms of supply, demand, condition, and the cost of housing; the housing stock available to serve persons with disabilities; and to serve persons with HIV/AIDS and their families. Data on the housing market should include, to the extent information is available, an estimate of the number of vacant or abandoned buildings and whether units in these buildings are suitable for rehabilitation. 2. Describe the number and targeting (income level and type of household served) of units currently assisted by local, state, or federally funded programs, and an 3-5 Year Strategic Plan 13 City of Chula Vista City of Chula Vista assessment of whether any such units are expected to be lost from the assisted housing inventory for any reason, (i.e. expiration of Section 8 contracts). 3. Indicate how the characteristics of the housing market will influence the use of funds made available for rental assistance, production of new units, rehabilitation of old units, or acquisition of existing units. Please note, the goal of affordable housing is not met by beds in nursing homes. 3-5_Year Strategic Plan Housing Market Analysis responses: Please see Section III for a full analysis of the Chula Vista housing market, including the needs of special populations and assisted housing. HUD's database of assisted properties shows 284 units in the Chula Vista with contracts that expire between 2010 and 2014. Specific Housing Objectives (91.215 (b)) 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a specified time period. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. 3-5 Year Strategic Plan Specific Housing Objectives response: The city serves special needs and homeless populations by funding public services at the federally mandated 15 percent of CDBG cap. Public services. The priority groups to which public services funds will be directed include: Highest priority -Populations needing basic/essential services (food, housing, emergency services) Medium priority -given to special needs populations (at-risk youth, family violence, disabled persons). ADAimprovements. Accessibility needs of the physically disabled. Transitional and homeless housing and services. The housing priorities and objectives the City of Chula Vista plans to achieve using HUD block grant funds include: Priority 7: Produce affordable rental units for low and moderate income households. objective: Provide 150 affordable housing units (30 households annually). Resources: ^ Development Services-Housing Division: Production of Affordable Housing: HOME entitlement funds will be utilized for affordable housing development, housing 3-5 Year Strategic Plan 14 City of Chula Vista City of Chula Vista site improvements, predevelopment costs and other activities to stimulate housing for lower income persons in the City. ^ Balanced Communities-Affordable Housing Polio The City of Chula Vista's Housing Element of the General Plan states that any development over 50 units must provide 10 percent of the units for low and moderate income households, with at least one-half of those units (5 percent of project total) being designated for low-income households. Mobile-home Rent Review Ordinance and Commission: The City's Rent Review Ordinance allows park owners to raise space rent by the Consumer Price Index (CPI) once per year if residents are on a month-to-month lease. Without this control, space rents would continue to rise. As a result, park residents face a severe cost burden. ^ Section 8 Rental Assistance Payments/Vouchers: The Housing Authority of the County of San Diego administers a Section 8 Rental Assistance Program to provide affordable housing opportunities to low income renters. Priority 2: Maintain and preserve the city's housing stock. Objective: Maintain and/or preserve 20 Housing Units 4 housing units per year) Resources: Community Housing Improvement Program (CHIP): Continued Successful implementation of the City's Community Housing Improvement Program (CHIP) which provides favorable loans to low-income homeowners to preserve and rehabilitate deteriorating homes and to provide greater accessibility for those with physical disabilities. Eligible rehabilitation activities include water conservation, energy efficiency, and lead-based paint abatement. Priority 3: Provide homeownership assistance and other programs to help renters become homeowners. objective: Provide 50 affordable housing units (10 households annually). Resources: ^ Mortgage Credit Certificate Program (MCC): The MCC program allows eligible buyers to take 20 percent of their mortgage interest as a tax credit on the federal income taxes. To be eligible for the MCC program in non-targeted Census tracts, a household must be a first-time homebuyer, buy a home in Chula Vista, and earn less than 115 percent of area median income. ^ Chula Vista Pre- and Post-Purchase Counseling Program: Courses are held throughout the region with pre- and post purchase counseling services. ^ Chula Vista First Time Homebuyer Program: This City program helps families earning up to 80 percent of AMI through a soft second on their first home purchase. 3-5 Year Strategic Plan 15 City of Chula Vista City of Chula Vista ^ Reissued Mortgage Credit Certificate Program (RMCQ: This program allows an existing MCC holder to refinance their mortgage and continue utilizing the benefit of having an MCC. Needs of Public Housing (91.210 (b)) In cooperation with the public housing agency or agencies located within its boundaries, describe the needs of public housing, including the number of public housing units in the jurisdiction, the physical condition of such units, the restoration and revitalization needs of public housing projects within the jurisdiction, and other factors, including the number of families on public housing and tenant-based waiting lists and results from the Section 504 needs assessment of public housing projects located within its boundaries (i.e. assessment of needs of tenants and applicants on waiting list for accessible units as required by 24 CFR 8.25). The public housing agency and jurisdiction can use the optional Priority Public Housing Needs Table (formerly Table 4) of the Consolidated Plan to identify priority public housing needs to assist in this process. 3-5 Year Strate4ic Plan Needs of Public Housin4 resaonse: The greatest need for public housing is for residents earning 30 percent or less of AMI. This is demonstrated in the gaps analysis conducted for this study, which found a shortage of 3,900 units to serve renters earning less than $25,000 per year. This is further supported by the 4,378 households waiting for vouchers who reside in Chula Vista. The Housing Authority of the County of San Diego (HACSD) operates four conventional public housing developments in Chula Vista, with a total of 120 units. They are all managed by Interfaith Housing Property Management and were recently upgraded to meet ADA and Section 504 compliance. These public housing developments are: ^ Dorothy Street Manor - 22 low income family units ^ Melrose Manor - 24 low income family units ^ Town Centre Manor - 59 low income elderly/disabled units ^ L Street Manor - 16 low income family units HACSD owns and operates all of the public housing units located in the City of Chula Vista. The Housing Authority has formed a Public Housing Resident Association in order to increase resident awareness and involvement in the enhancement of their housing environment and operations. HACSD also operates the Section 8 voucher program for Chula Vista. As of February 2010, there were 2,775 residents in the City of Chula Vista receiving housing assistance through the Section 8 voucher program. Public Housing Strategy (91.210) 1. Describe the public housing agency's strategy to serve the needs of extremely low-income, low-income, and moderate-income families residing in the 3-5 Year Strategic Plan 16 City of Chula Vista City of Chula Vista jurisdiction served by the public housing agency (including families on the public housing and section 8 tenant-based waiting list), the public housing agency's strategy for addressing the revitalization and restoration needs of public housing projects within the jurisdiction and improving the management and operation of such public housing, and the public housing agency's strategy for improving the living environment of extremely low-income, low-income, and moderate families residing in public housing. 2. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake to encourage public housing residents to become more involved in management and participate in homeownership. (NAHA Sec. 105 (b)(11) and (91.215 (k)) 3. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation. (NAHA Sec. 105 (g)) 3-5 Year Strate4ic Plan Public Housing Strategy response: The HACSD's Five-year and Annual Plans contain detailed information on how it intends to continue to meet its mission and goals. The HACSD has not been designated as troubled by HUD, is not performing poorly and has an impressive voucher utilization rate (98 percent). The PHA has maintained high performer status for SEMAP. To serve the needs of the County's lowest income renters-as well as help some of these renters become homeowners-the PHA does the following: 1. Offers a Section 8 homeownership program. Five families have purchased homes through the program. 2. Operates a Family Self Sufficiency program for voucher participants. In FY 2008- 2009, 14 families graduated from the program, saving the PHA several thousands of dollars in HAP payments. The PHA maintains a current website and produces newsletters to inform its 135 active FSS participants about resources and opportunities to further self sufficiency. 2. Maintains on its website a list of rental housing in areas of greater opportunity for selection by voucher participants; the list is updated weekly. 3. Administers a scholarship program for public housing youth entering or about to enter college. The program provides computers and funds for tuition and other school expenses. The PHA awarded 12 scholarships in FY 2008-2009. Barriers to Affordable Housing (91.210 (e) and 91.215 (f)) 1. Explain whether the cost of housing or the incentives to develop, maintain, or improve affordable housing are affected by public policies, particularly those of the local jurisdiction. Such policies include tax policy affecting land and other 3-5 Year Strategic Plan 17 City of Chula Vista City of Chula Vista property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment. 2. Describe the strategy to remove or ameliorate negative effects of public policies that serve as barriers to affordable housing, except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this part, as determined by HUD, the unit of general local government may submit that assessment to HUD and it shall be considered to have complied with this requirement. 3-5 Year Strategic Plan Barriers to Affordable Housing response: 1. During the completion of this Consolidated Plan, a countywide 2010-2015 Analysis of Impediments to Fair Housing Choice (AI) became available. This study includes impediments to housing development that were found in Chula Vista. Specifically, the following impediments to housing development were found in the city: Impediments: Various land use policies, zoning provisions, and development regulations may affect the range of housing choice available. These include: a. The Chula Vista Zoning Ordinance does not include a density bonus ordinance consistent with State law. b. The Chula Vista Zoning Ordinance does not expressly address licensed residential care facilities consistent with the Lanterman Developmental Disabilities Services Act. c. Licensed residential care facility serving seven or more persons are not explicitly permitted by right or conditionally permitted in any residential zoning district within Chula Vista. d. The Chula Vista Zoning Ordinance does not expressly permit transitional housing or emergency shelters. e. Chula Vista has not established procedures for obtaining reasonable accommodation pursuant to ADA. Recommendation: The City should consider amending its policies and regulations to address the various potential impediments identified. As part of the upcoming Housing Element update, the City will be required to evaluate the above potential impediments, and mitigate if necessary and feasible, in order to comply with the State Housing Element law regard mitigating constraints to housing development, addressing housing needs of special needs population, and providing for a variety of housing for all income groups. Actions Taken: Since 2005-2010 AI, the City of Chula Vista has taken the following actions to eliminate the impediments to fair housing identified in the 2005-2010 San Diego Regional AI: a. The Chula Vista Zoning Ordinance was not amended to include a density bonus ordinance consistent with State law. However, in its 2005 Housing Element, the City commits to utilizing density bonus and/or other 3-S Year Strategic Plan 18 City of Chula Vista City of Chula Vista incentives for new housing developments and condominium conversions to provide the required affordable housing as specified in the California Government Code. b. The Chula Vista Zoning Ordinance was not amended to expressly address and permit licensed residential care facilities consistent with the Lanterman Developmental Disabilities Services Act. c. The Chula Vista Zoning Ordinance was not amended to explicitly address and permit by right or with a Conditional Use Permit licensed residential care facilities serving seven or more persons in any residential zoning district. d. The Chula Vista Zoning Ordinance has been amended to expressly permit transitional housing and emergency shelters in the R-3 -Apartment Residential Zone. Transitional housing and emergency shelters are also conditionally permitted in the C-O -Administrative and Professional Office and the C-B -Central Business zones. Furthermore, the City of Chula Vista Zoning Ordinance now allows for the development of homeless shelters on church facilities to aid in the provision of homeless facilities. e. Chula Vista has not yet established procedures for obtaining reasonable accommodation pursuant to ADA. However, in its 2005 Housing Element, the City commits to establishing a formal reasonable accommodation procedure to grant exception in zoning and land use for persons with disabilities. 2. Chula Vista has very actively addressed housing needs by increasing (with required voter approval) participation in future affordable rental developments, approving a mobile home overlay district to address mobile home redevelopment and loss of affordable units, passing its Affordable Housing Policy which requires developers to contribute to the affordable housing stock (see below), increasing allowable residential density in the city's general plan and by not placing strong limits on residential growth. The city actively encourages developers to set-aside 10 percent of newly developed units for affordable housing purposes (5 percent for low income and 5 percent for moderate income households). The city strongly supports the County of San Diego's effort at supplying public housing units. The city also offers a Down Payment and Closing Cost Assistance Program funded through HOME, which is limited to assisting households earning no more than 80 percent of the Area Median Income (AMI). Site selection guidelines of the city ensure that all units are built or acquired in areas of the city where there are adequate services such as schools, health care, transportation and or recreational services. 3-5 Year Strategic Plan 19 City of Chula Vista City of Chula Vista Homeless Needs (91.205 (b) and 91.215 (c)) *Please also refer to the Homeless Needs Table in the Needs.xls workbook Homeless Needs- The jurisdiction must provide a concise summary of the nature and extent of homelessness in the jurisdiction, (including rural homelessness and chronic homelessness where applicable), addressing separately the need for facilities and services for homeless persons and homeless families with children, both sheltered and unsheltered, and homeless subpopulations, in accordance with Table lA. The summary must include the characteristics and needs of low-income individuals and children, (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered. In addition, to the extent information is available, the plan must include a description of the nature and extent of homelessness by racial and ethnic group. A quantitative analysis is not required. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates. 3-5 Year Strategic Plan Homeless Needs response: Please see Section III, beginning on page 22, for a discussion on homelessness in Chula Vista. Priority Homeless Needs 1. Using the results of the Continuum of Care planning process, identify the jurisdiction's homeless and homeless prevention priorities specified in Table lA, the Homeless and Special Needs Populations Chart. The description of the jurisdiction's choice of priority needs and allocation priorities must be based on reliable data meeting HUD standards and should reflect the required consultation with homeless assistance providers, homeless persons, and other concerned citizens regarding the needs of homeless families with children and individuals. The jurisdiction must provide an analysis of how the needs of each category of residents provided the basis for determining the relative priority of each priority homeless need category. A separate brief narrative should be directed to addressing gaps in services and housing for the sheltered and unsheltered chronic homeless. 2. A community should give a high priority to chronically homeless persons, where the jurisdiction identifies sheltered and unsheltered chronic homeless persons in its Homeless Needs Table -Homeless Populations and Subpopulations. 3-5 Year Strategic Plan Priority Homeless Needs response: The city serves homeless populations by funding public services at the federally mandated 15 percent of CDBG cap. Public services. The priority groups to which public services funds will be directed include: Highest priority -Populations needing basic/essential services (food, housing, emergency services) Medium priority -given to special needs populations (at-risk youth, family violence, disabled persons). 3-5 Year Strategic Plan 20 City of Chula Vista City of Chula Vista ADAimprovements. Accessibility needs of the physically disabled. Transitional and homeless housing and services. Homeless prevention activities. The City will continue to allocate Community Development Block Grant (CDBG) funds to Ecumenical Interfaith Shelter Network and South Bay Community Services (SBCS) for youth and family support services, and housing services. In addition, SBCS will continue to receive Emergency Shelter Grant (ESG) funds for essential services and operational costs for Casa Nueva Vida, a transitional housing facility that serves homeless families. Located in Chula Vista, SBCS offers assistance to persons who are °near homeless" through coordination of available services and financial resources and counseling in such matters as financial management and family support. Additionally, case management services available in the South Bay region, which are located in Chula Vista include: Ecumenical Interfaith Shelter Network The City received $819,000 of Homeless Prevention and Rapid Re-Housing (HPRP) funds as part of the American Recovery Reinvestment Act to be used for homeless prevention activities. These funds will be considered a part of the 2008/2009 action plan year; however, services will continue into fy 2010/2011. The City targets HPRP funds for prevention (70%), with a small component to rapid re-housing (20%). Within those targets, direct financial assistance for housing is the largest line item (80%), with 20% going towards service provision. The city anticipates serving approximately 40-50 households; however, this would depend on the length of rental assistance. Homeless Inventory (91.210 (c)) The jurisdiction shall provide a concise summary of the existing facilities and services (including a brief inventory) that assist homeless persons and families with children and subpopulations identified in Table lA. These include outreach and assessment, emergency shelters and services, transitional housing, permanent supportive housing, access to permanent housing, and activities to prevent low-income individuals and families with children (especially extremely low-income) from becoming homeless. The jurisdiction can use the optional Continuum of Care Housing Activity Chart and Service Activity Chart to meet this requirement. 3-5 Year Strategic Plan Homeless Inventory response: Please see Section III, page 25, for a list of homeless facilities by type, along with their capacity. Homeless Strategic Plan (91.215 (c)) Homelessness -Describe the jurisdiction's strategy for developing a system to address homelessness and the priority needs of homeless persons and families (including the subpopulations identified in the needs section). The jurisdiction's strategy must consider the housing and supportive services needed in each stage of the process which includes preventing homelessness, outreach/assessment, emergency shelters and services, transitional housing, and helping homeless persons (especially any persons that are chronically homeless) make the 3-5 Year Strategic Plan 21 City of Chula Vista City of Chula Vista transition to permanent housing and independent living. The jurisdiction must also describe its strategy for helping extremely low- and low-income individuals and families who are at imminent risk of becoming homeless. 2. Chronic homelessness -Describe the jurisdiction's strategy for eliminating chronic homelessness by 2012. This should include the strategy for helping homeless persons make the transition to permanent housing and independent living. This strategy should, to the maximum extent feasible, be coordinated with the strategy presented Exhibit 1 of the Continuum of Care (CoC) application and any other strategy or plan to eliminate chronic homelessness. Also describe, in a narrative, relationships and efforts to coordinate the Conplan, CoC, and any other strategy or plan to address chronic homelessness. 3. Homelessness Prevention -Describe the jurisdiction's strategy to help prevent homelessness for individuals and families with children who are at imminent risk of becoming homeless. 4. Institutional Structure -Briefly describe the institutional structure, including private industry, non-profit organizations, and public institutions, through which the jurisdiction will carry out its homelessness strategy. 5. Discharge Coordination Policy -Every jurisdiction receiving McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds must develop and implement a Discharge Coordination Policy, to the maximum extent practicable. Such a policy should include °policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons." The jurisdiction should describe its planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how the community will move toward such a policy. 3-5 Year Homeless Strategic Plan response: The city serves homeless populations by funding various homeless activities through a portion of its CDBG annual entitlement funds as well as Emergecy Shelter Grant funds. In 2009, the City received Homeless Prevention and RapidReHousing funds to address the growing needs of persons at risk of becoming homeless. The City of Chula Vista maintains a strategic plan to address homelessness. The stratetic plan is aregional approach which includes cooperation from the County of San Diego, the Chula Vista School District and various social service agencies. Plan plan The City of Chula Vista is a member of the Regional Continuum of Care Council (CoC). The Coc's most recent Strategic Planning Objectives, which serve as the Homeless Strategic Plan for the region are: Objective 1. Create new permanent housing beds for chronically homeless individuals. 3-5 Year Strategic Plan 22 City of Chula Vista City of Chula Vista ^ Secure Shelter Plus Care funding for two chronic homeless projects, expanding capacity by 12 units (15 beds). ^ Collaborate with the Plan to End Chronic Homelessness for expansion of programs for the chronic homeless by 6 beds. Secure 105 Veterans Administration Supportive Housing vouchers and target 25 for homeless meeting SHP definition. ^ Continue leveraging State funded Mental Health Services Act funds for development of new beds. ^ In anticipation of Hearth Act changes, advocate with local officials for use of HOME funds for chronic homeless families. Objective 2. Increase percentage of homeless persons staying in permanent housing over 6 months to at least 77 percent. ^ Secure continued funding for existing housing inventory. ^ Seek expanded support services funding. ^ Review annual performance data twice annually to identify individual program performance, create corrective actions and provide technical assistance as needed. ^ Implement revised client/homeless input plans to identify barriers to housing stability. ^ Improve access to mainstream income supports through collaboration and training with SSA, EDD, Workforce Investment Act, Medical, etc. ^ Research best practices for accessing and maintaining benefits. Objective 3. Increase percentage of homeless persons moving from transitional housing to permanent housing to at least 65 percent. The Continuum of Care (CoC) received technical assistance regarding completion of APRs in 2009. In 2009-10, providers will differentiate the type of clients and use the HMIS system to produce APRs that segregate client types. The CoC will continue to monitor program performance and support best practices. Supportive Housing Program (SHP) Transitional Housing providers will continue to emphasize employment and income stability. Programs will coordinate with ARRA services, including HPRP services that assist with rapid re-housing of families and individuals. Objective 4. Increase percentage of persons employed at program exit to at least 20 percent. Continue the current success promoted through annual public forums targeting strategies and programs for homeless persons. Coordinate activities with outreach, case management and employment groups to review current data regarding poverty, homelessness and job market forecasts. Support SHP programs in developing plans to counteract the impact of changes in the local economy and take advantage of special resources available under ARRA for employment, training and childcare. 3-5 Year Strategic Plan 23 City of Chula Vista City of Chula Vista Objective 5. Decrease the number of homeless households with children. Expand prevention and early intervention strategies. Coordinate with public school systems to build strong partnerships with McKinney Vento homeless liaisons. Analyze jurisdictional data to identify families at high risk of becoming homeless and provide early intervention. Enhance HPRP, eviction protection and landlord/tenant services to deter homelessness for families. Access other resources, i.e., ARRA funds, to assist families with prevention and rapid rehousing services. 5. The City of Chula Vista, has established a Discharge Planning strategy through its CoC. The strategy addresses discharge planning for the various institutions of systems of care including: foster care, health care, mental health and corrections. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. 3-5 Year Strategic Plan ESG response: Not applicable for the City of Chula Vista. ._ ,- ._- ~ET13 A. ~ ~, ~ Community Development (91.215 (e)) *Please also refer to the Community Development Table in the Needs.xls workbook 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), - i.e., public facilities, public improvements, public services and economic development. 2. Describe the basis for assigning the priority given to each category of priority .needs. 3. Identify any obstacles to meeting underserved needs. 4. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. NOTE: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. 3-5 Year Strategic Plan 24 City of Chula Vista City of Chula Vista 3-5 Year Strate4ic Plan Community Development response: The city's top community development priorities during the next 5 years are: Infrastructure improvements in low and moderate income neighborhoods. Targeted activities: Street and sidewalk improvements in low income areas. Flood prevention and drainage improvements. Community facilities. Targeted groins: Facilities serving youth. Park and recreational and neighborhood facilities. Facilities serving other special needs populations. Health and child care facilities. 3. Economic Development priorities. The City serves local businesses by funding job creation/ job training activities. Activities will include job training opportunities to assist person obtain full-time employment. Please see the discussion of obstacles on page 2. Community development objectives. Priority 1: Provide for needed infrastructure improvements in lower and moderate income target areas. objective: 10 projects over 5 years benefiting 10,000 persons residing within the Census Tracts. Resources: Annual ADA Curb Ramps: This is an annual program. This project provides for the construction of concrete wheelchair ramps throughout the city. Existing pedestrian facilities lack wheelchair ramps which limits the mobility of physically challenged residents. The construction of wheelchair ramps will increase the mobility of these residents. Curb cuts are a requirement of the Americans with Disabilities Act (ADA). ^ Section 108 Castle Park Area Improvement. Scheduled loan payments of for infrastructure improvements in the Caste Park Area. This area consists of four (4) census tracts including 13102, 13203, 13302, and 13302 which are predominately low-income areas. Priority 2: Provide for needed infrastructure improvements benefiting low and moderate income persons. Objective: Provide over 10,000 with improved infrastructure. Resources: ^ Third Avenue Street Improvement Project: This project provides for the ultimate street improvements including curb, gutter and sidewalk, as well as pavement rehabilitation. This section of Third Avenue is highly traveled by both 3-5 Year Strategic Plan 25 City of Chula Vista City of Chula Vista vehicular and pedestrian traffic and is sub-standard both in terms of street section and missing sidewalks. Section 108: The City Of Chula Vista received $9.5 in Section 108 Loan Guarantee funds to assist with the installation of new curbs, gutters and sidewalks eight streets located in the southwest area of the City. The proposed streets are located in Census Tracts 13102 and 13203, which contain more than 68.5% low/moderate income persons. Priority 3: Continue to improve the quality of existing community facilities. Objective: 10 public facilities over 5 years. Resources: ^ Lauderbach Public Facility Improvement Project: Interior and exterior improvements to include the following: Install outside building security lighting and surveillance cameras to reduce the risk of crime, drug and alcohol abuse by providing a well lit facility along with surveillance cameras to identify and deter criminal activity. Priority 4: Pursue the ability to provide funding for business programs to encourage job training and job creation. Objective: Create 12-15 jobs (2-3 full-time jobs annually). Resources: ^ No resources will be allocated in 2010-2011. In 2005 the Department of Housing and Urban Development (HUD) conducted an audit on the City's use of CDBG, including economic development activities. The audit revealed that the economic development activities the City had undertaken were not eligible. For this reason, the City was instructed by HUD not fund any economic development related activities until directed by HUD. From 2005 unti12009, the City has restored its good status with HUD. The City will prepare a strategic plan which will address any concerns HUD had with the City's capacity to manage said activities. Antipoverty Strategy (91.215 (h)) 1. Describe the jurisdiction's goals, programs, and policies for reducing the number of poverty level families (as defined by the Office of Management and Budget and revised annually). In consultation with other appropriate public and private agencies, (i.e. TANF agency) state how the jurisdiction's goals, programs, and policies for producing and 3-5 Year Strategic Plan 26 City of Chula Vista City of Chula Vista component of the consolidated plan will be coordinated with other programs and services for which the jurisdiction is responsible. 2. Identify the extent to which this strategy will reduce (or assist in reducing) the number of poverty level families, taking into consideration factors over which the jurisdiction has control. 3-5 Year Strategic Plan Antipoverty Strategy resoonse• Successful programs to reduce poverty involve addressing the majority of the factors that cause poverty, including limited economic opportunities, lack of education and job training, lack of role models, unaffordable housing, transience, teenage and/or single parenthood and difficult family situations. As part of the city's Anti-Poverty Strategy, the city will endeavor to integrate social services and housing activities for households below the poverty line. These efforts include, but are not limited to the following: Prevention and Diversion Program: This program teaches At-risk youths to use their entrepreneurial skills in a positive way. Teenagers are taught to develop their own business plans and to run their own business. Earned Income Tax Credit Program: SBCS provides outreach and education to community residents about the Earned Income Tax Credit. This coordinator assists in qualifying citizens in applying for the tax credit. The goal of this program is to have 200 families receive the tax credit. Eligible families are working parents with children earning under $25,000 per year. Park Village Apartments: On-site day care and job training services are offered at this very low income apartment complex. Casa Nueva Vida: Residents are required to secure an income and save money for their first month's rent plus security deposit. They are referred to outside job training agencies for help in securing a job. Independent living skills are taught in areas of health, nutrition, immunizations, parenting, and other pertinent issues. Individual and family counseling is also offered. Low Income Housing Tax Credit (LIHTC) Coordination (91.315 (k)) 1. (States only) Describe the strategy to coordinate the Low-income Housing Tax Credit (LIHTC) with the development of housing that is affordable to low- and moderate-income families. 3-5 Year Strategic Plan LIHTC Coordination resoonse: Not applicable for the City of Chula Vista. Specific Special Needs Objectives (91.215) 3-5 Year Strategic Plan 27 City of Chula Vista City of Chula Vista 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a specified time period. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. 3-5 Year Non-homeless Special Needs Analysis resuonse: Special needs objectives. Priority 1: Continue to fund public services at the federally mandated 15 percent cap. Objectives: Assist 2,500 people with Public Services ranging from: Youth; Victims of Domestic Violence; and, Elderly Resources: ^ Meals on Wheels: Daily delivery of up to two meals for seven days a week, 365 days a year to Chula Vista seniors age 62 and over. ^ KidCare Express Medical Mobile Unit: Program provides primary healthcare services to low income, medically underserved children and families in Chula Vista in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities by providing families with the healthcare they need, when and where they need it. ^ Lutheran Social Services Project Hand: Program maintains a food pantry, which provides basic food staples and other hygiene items to very low income Chula Vista residents. ^ Food 4 Kids Backpack Program: The program provides a backpack full of child-friendly food to children who are on the free breakfast or lunch program at their elementary school, but show evidence of suffering from hunger over the weekend. ^ Lauderbach Neighborhood Center: This program will provide various services serving low income persons. Provider to be selected. ^ Adult Day Health Care: Enable transportation to doctor appointments and day center by providing MTS tokens to seniors. ^ Family Violence Treatment: Program provides therapeutic counseling and crisis services to adult and child victims of family violence. Services include; but not limited to a focused 24hour, 7- day aweek immediate crisis response, comprehensive strengths-based assessments and safety planning for DV victims and their children; treatment planning; age-appropriate group and individual counseling for children, victim support groups crisis intervention; a unique pre- school focused on children. ^ Services {or High-Risk and Homeless Youth: Provide high risk youth with the services, support and opportunities they need to lead healthy and productive lives, avoiding further contact with law enforcement and gang involvement. 3-5 Year Strategic Plan 28 City of Chula Vista City of Chula Vista ^ Assessment, Referral and Emergency Services: Provide families with assessment and referral services as well as emergency services (food, clothing, etc.). ^ Lutheran Social Services Caring Neighbor: Program offers minor home repair services to Chula Vista seniors and persons with disabilities who are low or very low income. ^ Chula vista Veteran Home Rehabilitation: Purchase of a rehabilitation equipment needed for use at the rehabilitation center as a public service activity. ^ wizKidz Program: Program operates out of the Otay Recreation Center and provides scheduled supervised activities which include arts/crafts, field trips, nutrition classes, guest speakers, games and sports tournaments. ^ Foreclosure AssistanceProyram: Funds will be used to contract with aHUD- approved housing counselor to assist Chula Vista residents who are at risk of foreclosure. Priority 3: Continue to support programs offering emergency and transitional housing opportunities for homeless families and individuals. Homeless assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive services based on income level. objectives: Support 2000 homeless persons (40 homeless persons annually). Resources: ^ Emergency Shelter Program: HUD-funded Emergency Shelter Grant Program provides grants to local governments and to non-profit corporations for the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain operating and social service expenses in connection with the emergency shelter. ^ County of San Diego Voucher Program: The City of Chula Vista Continues t0 financially support the voucher program administered by the County of San Diego. This program provides hotel/motel vouchers to homeless families and individuals through the winter months of November through April. ^ Lutheran Social Services Project Hand: the City of Chula Vista provides financial assistance to this program which dispenses food to homeless families and individuals ^ Thursday's Meal: This program provides meals to homeless families and individuals. Chula Vista financially supports this program. ^ Ecumenical Council of San Diego's Interfaith Shelter Network: Provide rotational winter night time shelter at nine congregations in the South Bay for approximately 18 weeks. Services include meals, overnight supervision, showers, and case management. 3-5 Year Strategic Plan 29 City of Chula Vista City of Chula Vista Regional Task Force on the Homeless -Regional Task Force on the Homeless: The RTFH provides information and referral services to homeless service agencies, individuals and local government jurisdictions and publishes for the public homeless information reports that address homeless services, the homeless population profile and homeless funding. The RTFH also operates a HUD mandated Homeless Management Information System that allows service agencies to track homeless client information through a central database and conducts the homeless count needed to pursue HUD's Supportive Housing Program funding for the region. Non-homeless Special Needs (91.205 (d) and 91.210 (d)) Analysis (including HOPWA) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. Estimate, to the extent practicable, the number of persons in various subpopulations that are not homeless but may require housing or supportive services, including the elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIV/AIDS and their families), persons with alcohol or other drug addiction, victims of domestic violence, and any other categories the jurisdiction may specify and describe their supportive housing needs. The jurisdiction can use the Non-Homeless Special Needs Table (formerly Table 1B) of their Consolidated Plan to help identify these needs. *Note: HOPWA recipients must identify the size and characteristics of the population with HIV/AIDS and their families that will be served in the metropolitan area. 2. Identify the priority housing and supportive service needs of persons who are not homeless but may or may not require supportive housing, i.e., elderly, frail elderly, persons with disabilities (mental, physical, developmental, persons with HIV/AIDS and their families), persons with alcohol or other drug addiction by using the Non-homeless Special Needs Table. 3. Describe the basis for assigning the priority given to each category of priority needs. 4. Identify any obstacles to meeting underserved needs. 5. To the extent information is available, describe the facilities and services that assist persons who are not homeless but require supportive housing, and programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing. 6. If the jurisdiction plans to use HOME or other tenant based rental assistance to assist one or more of these subpopulations, it must justify the need for such assistance in the plan. 3-5 Year Non-homeless Special Needs Analysis response: Please see Section III of the Consolidated Plan document for an analysis of needs of non-homeless special populations, including the facilities available to assist them. Obstacles to meeting needs appears on page 2 of this document. 3-5 Year Strategic Plan 30 City of Chula Vista City of Chula Vista Housing Opportunities for People with AIDS (HOPWA) *Please also refer to the HOPWA Table in the Needs.xls workbook. The Plan includes a description of the activities to be undertaken with its HOPWA Program funds to address priority unmet housing needs for the eligible population. Activities will assist persons who are not homeless but require supportive housing, such as efforts to prevent low-income individuals and families from becoming homeless and may address the housing needs of persons who are homeless in order to help homeless persons make the transition to permanent housing and independent living. The plan would identify any obstacles to meeting underserved needs and summarize the priorities and specific objectives, describing how funds made available will be used to address identified needs. 2. The Plan must establish annual HOPWA output goals for the planned number of households to be assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. The plan can also describe the special features or needs being addressed, such as support for persons who are homeless or chronically homeless. These outputs are to be used in connection with an assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 3. For housing facility projects being developed, a target date for the completion of each development activity must be included and information on the continued use of these units for the eligible population based on their stewardship requirements (e.g. within the ten-year use periods for projects involving acquisition, new construction or substantial rehabilitation). 4. The Plan includes an explanation of how the funds will be allocated including a description of the geographic area in which assistance will be directed and the rationale for these geographic allocations and priorities. Include the name of each project sponsor, the zip code for the primary area(s) of planned activities, amounts committed to that sponsor, and whether the sponsor is a faith-based and/or grassroots organization. 5. The Plan describes the role of the lead jurisdiction in the eligible metropolitan statistical area (EMSA), involving (a) consultation to develop ametropolitan-wide strategy for addressing the needs of persons with HIV/AIDS and their families living throughout the EMSA with the other jurisdictions within the EMSA; (b) the standards and procedures to be used to monitor HOPWA Program activities in order to ensure compliance by project sponsors of the requirements of the program. 6. The Plan includes the certifications relevant to the HOPWA Program. 3-5 Year Strate4ic Plan HOPWA resuonse: Not applicable for the City of Chula Vista. 3-5 Year Strategic Plan 31 City of Chula Vista City of Chula Vista Specific HOPWA Objectives 1. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the strategic plan. 3-5 Year Specific HOPWA Obiectives response: Not applicable for the City of Chula Vista. Include any Strategic Plan information that was not covered by a narrative in any other section. 3-5 Year Strategic Plan 32 City of Chula Vista SECTION VI. One-Year Action Plan C?~~~~~~t~tT C),r~~~ ~ ~ ~~ ~ • Annual Action Plan ~~ ~ ,~~ q~ The CPMP Annual Action Plan includes the SF 424 and Narrative ~8~ Cr~~~" Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. Narrative Responses Annual Action Plan includes the SF 424 and is due every year no less than 45 days prior to the start of the grantee's program year start date. HUD does not accept plans between August 15 and November 15. Executive Summary 9i.22o(b) 1. The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. i. Please see the stand alone Executive Summary that is part of the City of Chula Vista FY2010-2015 Consolidated Plan. Citizen Participation 9i.22o(b) 2. Provide a summary of the citizen participation and consultation process (including efforts to broaden public participation in the development of the plan. Response: Staff met with stakeholders, who provide housing and various social services to the low/moderate income and special needs population of the city. The meeting was held at City Hall on January 14. Participants shared their opinions on the greatest needs of our residents with respect to Housing, Economic Development, Community Development, Public Services, and Special Needs populations. Three community meetings were scheduled and outreach was conducted to invite low/moderate income residents to attend. One meeting was held at City Hall, while the other two were held in the east (South Bay Family YMCA) and the south (Chula Vista South Library) representing all areas of the City. All meeting notices were available in both English and in Spanish and offered translation services and accommodation to persons with disabilities upon request. City staff presentations gave the public an overview of the grant programs which included a brief history of prior funding amounts and examples of projects and programs funded in the areas of housing, homelessness, community development, social services, and economic development. Residents were asked to provide comments on funding priorities within these areas. The community meetings flier was distributed broadly to local organizations, social service agencies, public libraries, City Hall and other neighborhood locations. Information was also disseminated through local newspapers, Nixle and the City website. Annual Action Plan, City of Chula Vista A survey was created to provide the community with the opportunity to comment on the City's greatest housing and community development needs. It contained seven basic eligible funding categories with specific activities within each of them. The survey was available in English and in Spanish and disseminated electronically, hard copy and was available on-line. A total of 154 surveys were returned. The community meetings flier advertising the public meetings was distributed broadly to local organizations, social service agencies, public libraries, City Hall and other neighborhood locations. Information was also disseminated through local newspapers, Nixle and the City website. 3. Provide a summary of citizen comments or views on the plan. Response: Forthcoming after public comment period. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. Response: _Forthcoming after public comment period. Resources 91.22o(c)(i)) and (c)(2) 5. Identify the federal, state, and local resources (including program income) the jurisdiction expects to receive to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low- Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Response: City staff, in its funding applications, emphasizes to applicants the need to leverage federal, state and local resources. These efforts have been fruitful and projects funded under CDBG, HOME, and ESG have substantially exceeded accomplishments that could be achieved from federal funds alone. Although there is no official match requirement in the CDBG program, in most cases, other funds, such as private funds received through donors or fund raising activities, commercial loans, Gas Tax funds, non-federal funds, are used to supplement and defray project costs. The following funding sources leverage the HUD Community Planning and Development (CPD) funds that the City or its subrecipients, contractors may receive: Federal Programs Rental Assistance Program (Section 8 Housing Choice Voucher Program): The Section 8 Housing Choice Voucher Program provides almost $85 million annually in tenant-based rental assistance for very low-income households residing in privately owned rental units. Program participants typically pay between 30 to 40 percent of their monthly-adjusted incomes for rent and utilities. The Housing Authority of the County of San Diego (HACSD) administers the program in the City of Chula Vista and issues the assistance payments directly to the landlords on behalf of the assisted households. Supportive Housing Program (SHP): SHP provides grants to improve the quality of existing shelters and transitional housing, and increases the availability of Annual Action Plan, City of Chula Vista 2 transitional housing facilities for the homeless. SHP is the primary program supporting transitional housing for the homeless. The County's, (that includes Chula Vista service providers) 2008 Continuum of Care application totaled approximately $5.3 million in funding. SHP grant totaled approximately $5.3 million. Local Regional Continuum of Care provides may apply for SHP funding. Mortgage Credit Certificate (MCC) Program: The City of Chula participates in the San Diego Regional MCC Program, developed and administered by County Department of Housing and Community Development, provides home purchase assistance to low- and moderate-income first-time homebuyers with income at or below 115% of the State Median Income. Homebuyers receive a federal income tax credit equal to 20% of the annual interest on their mortgage loan. The County's program includes the City of Chula Vista. Certificates were provided to 2 low- and moderate-income households State Programs California Department of Housing and Community Development (State HCD): State HCD administers a number of programs that provide funds that can be combined with other federal and local funds. Low-Income Housing Tax Credits (LIHTC): Federal and State tax credits are used by developers of multi-family housing in return for reserving a portion of the development for moderate-, low-, and very low-income households at affordable rents. These Federal and State tax credits are allocated by the State based on a priority scoring system. Over the years, several non-profit organizations, assisted with City Program funds, have received LIHTC funds. City will continue to encourage organizations to apply for and utilize these funds consistent with the 2010-2015 City of Chula Vista Consolidated Plan. Mental Health Services Act (MHSA): The passage of Proposition 63 (MHSA) in November 2004, provides the first opportunity in many years for the State Department of Mental Health to provide increased funding, personnel and other resources to support county mental health programs and monitor progress toward statewide goals for children, transition age youth, adults, older adults and families. The Act addresses a broad continuum of revention, early intervention and service needs and the necessary infrastructure, technology and training elements that will effectively support this system. It is anticipated that the MHSA housing funding may be leveraged with the City of Chula Vista's housing programs (based on availability of funding). Cal-HOME Program: This State grant of releases a Notice of Funding Availability each year through a competitive application process that provides funds for mortgage assistance to low-income first-time homebuyers. In the event, the City is successful in its grant application, these funds would be used to supplement HOME funds and would be disbursed in conjunction with the City's Homebuyer Assistance Program. The California Housing Finance Agency (CaIHFA): CaIHFA supports the needs of renters and first-time homebuyers by providing financing and programs that create safe, decent and affordable housing opportunities for individuals within specified income ranges. Established in 1975, CaIHFA was chartered as the State's affordable housing bank to make below market-rate loans through the sale of tax-exempt bonds. The bonds are repaid by revenues generated through mortgage loans, not taxpayer dollars. Annual Action Plan, City of Chula Vista 3 State of California Multi-family Housing Program (MHP): This program provides permanent financing for affordable multi-family housing development, in the form of fow-interest loans to developers for new construction, rehabilitation, or acquisition and rehabilitation of permanent or transitional rental housing, and the conversion of nonresidential structures to rental housing. City of Chula Vista's Landings I affordable housing project received MHP funds during fiscal year 2008-2009. City will encourage affordable housing developers to apply for these funding opportunities. State of California Emergency Housing Assistance Program (EHAP): This program funds emergency shelters, transitional housing, and services for homeless individuals and families. EHAP funds operating costs and support services through grants. Capital development funding is structured as forgivable loans. Loca/ Programs Redevelopment Low-Income Housing Set Aside Funds: City of Chula Vista leverages available federal funds with City redevelopment low-income housing set-aside funds. The City of Chula Vista Redevelopment Agency, created in accordance with California Community Redevelopment Law, the City has two primary project areas which consist of smaller sub-areas: Merged Bayfront/ Town Center I and Merged Chula Vista Project Area. The Redevelopment Agency has established aLow- and Moderate-Income Housing Fund for both project areas. City Density Bonus Programs: The City's density bonus program is administered by the City of Chula's Vista Redevelopment and Housing (City RH). City RH administers the occupancy requirements as they relate to eligible income and rent requirements for units developed under these programs. In conformance with State Density Bonus Law, these programs establish provisions by which densities may exceed those set by the City General Plan or further described in a specific plan if the developer reserves some or all of the proposed units for various periods of time for low-income families, seniors, and households with disabled persons. Inclusionary Housing Private Resources/Financing Programs Conventional Lending Industry: Banks have participated in providing conventional loans for development of affordable rental units. The banking industry is also active in providing first-time homebuyer assistance in conjunction with State and federal programs. Local Initiatives Support Corporation (LISC): LISC helps resident-led, community- based development organizations transform distressed communities and neighborhoods into healthy ones. By providing capital, technical expertise, training and information, LISC supports the development of local leadership and the creation of affordable housing, commercial, industrial and community facilities, businesses and jobs. Federal Home Loan Bank Community Investment Fund: Grants and loans are made through the Federal Home Loan Bank System, with more than 200 member savings and loan associations. Loans are made through member banks to sponsors of affordable housing and other community revitalization and development activities. Annual Action Plan, City of Chula Vista 4 6. Explain how federal funds will leverage resources from private and non-federal public sources. Response: City staff, in its funding applications, emphasizes that need to leverage federal funds (some sources described in #5). These efforts have been fruitful and projects funded under CDBG, HOME, and ESG, have substantially exceeded accomplishments that could be achieved from federal funds alone. Although there are no official match requirements in the CDBG program, in most cases, other funds, such as private funds received though donor or fund raising activities, commercial loans, Gas Tax funds, are used to supplement and/or defray project costs. Annual Objectives 91.220(c)(3) *If not using the CPMP Too/: Complete and submit Tab/e 3A. *If using the CPMP Too/: Complete and submit the Summary of Specific Annual Objectives Worksheets or Summaries.xls Annual Action Plan, City of Chula Vista 5 Goals and objectives to be carried out during the action plan period are indicated by placing a check in the following boxes. ;~ . Objective Category ~ Ob}active Category: ~! Objective Category: Decent Housing Suitable Living Expanded Economic Environment Opportunities Which includes: Which includes: Wfiicfi includes: assisting homeless persons ~ improving the safety and a job creation and retention obtain affordable housin livabilit of nei hborhoods ........ assisting persons at risk of eliminating blighting ~` establishment, becoming homeless -- influences and the stabilization and deterioration of property expansion of small and facilities business (including micro-businesses retaining the affordable ~ increasing the access to ' the provision of public housing stock quality public and private services concerned with facilities em to ment increasing the availability of reducing the isolation of (- the provision of jobs to affordable permanent housing ~ income groups within ~ low-income persons living in standard condition to low- areas through spatial in areas affected by those income and moderate-income deconcentration of programs and activities families, particularly to housing opportunities for under programs covered members of disadvantaged lower income persons and by the plan minorities without the revitalization of discrimination on the basis of deteriorating race, color, religion, sex, neighborhoods national origin, familial status, or disabilit --- increasing the supply of restoring and preserving [_ , availability of mortgage supportive housing which properties of special financing for low income includes structural features historic, architectural, or persons at reasonable and services to enable aesthetic value rates using non- persons with special needs discriminatory lending (including persons with practices HIV/ADOS) to live in dignity and inde endence providing affordable housing ~ conserving energy ~~ access to capital and that is accessible to job resources and use of credit for development opportunities renewable energy sources activities that promote the long-term economic social viability of the communit 7. Provide a summary of specific objectives that will be addressed during the program year. Response. Please see the objectives listed after each activity in the "Description of Activities" section below. Description of Activities 91.22o(d) and (e) *If not using the CPMP Too/: Comp/ate and submit Table 3C *If using the CPMP Too/: Comp/ate and submit the Projects Worksheets and the Summaries Table. 8. Provide a summary of the eligible programs or activities that will take place during the program year to address the priority needs and specific objectives identified in the strategic plan. Annual Action Plan, City of Chula Vista 6 Describe the outcome measures for activities in accordance with Federal Register Notice dated March 7, 2006, i.e., general objective category (decent housing, suitable living environment, economic opportunity) and general outcome category (availability/accessibility, affordability, sustainability). Responses: Please see the objectives listed after each activity in the "Description of Activities" section below. Housing activities, objectives and resources. The housing priorities and objectives the City of Chula Vista plans to achieve using HUD block grant funds include: Priority 1: Produce affordable rental units for low and moderate income households. Objective: Provide 150 affordable housing units (30 households annually). Resources: ^ Development Services-Housing Division: Production of Affordable Housing: HOME and CDBG entitlement funds will be utilized for affordable housing development, housing site improvements, predevelopment costs and other activities to stimulate housing for lower income persons in the City. ^ Balanced Communities-Affordable Housing Po/icy: The City of Chula Vista's Housing Element of the General Plan states that any development over 50 units must provide 10 percent of the units for low and moderate income households, with at least one-half of those units (5 percent of project total) being designated for low-income households. ^ Mobi/ehome Rent Review Ordinance and Commission: The city's Rent Review Ordinance allows park owners to raise space rent by the Consumer Price Index (CPI) once per year if residents are on a month-to-month lease. Without this control, space rents would continue to rise. As a result, park residents would face a severe cost burden. ^ Section 8 Rental Assistance Payments/Vouchers: The Housing Authority of the County of San Diego administers a Section 8 Rental Assistance Program to provide affordable housing opportunities to low income renters. ^ Section 108: The City received a $9.5 million Section 108 Loan in 2008 to complete major infrastructure improvements in the Southwest area of the City. Annual loan payment of approximately $735,000 has been set aside. Construction will continue in 2010-2011. Priority 2: Maintain and preserve the city's housing stock. Objective: Maintain and/or preserve 20 Housing Units 4 housing units per year) Resources: Annual Action Plan, City of Chula Vista 7 Community Housing Improvement Program (CHIP): Continued successful implementation of the City's Community Housing Improvement Program (CHIP) which provides favorable loans to low-income homeowners to preserve and rehabilitate deteriorating homes and to provide greater accessibility for those with physical disabilities. Eligible rehabilitation activities include water conservation, energy efficiency, and lead-based paint abatement. Priority 3: Provide homeownership assistance and other programs to help renters become homeowners. Objective: Provide 25 affordable housing units (5 households annually). Resources: ^ Mortgage Credit Certificate Program (MCC): The MCC program allows eligible buyers to take 20 percent of their mortgage interest as a tax credit on the federal income taxes. To be eligible for the MCC program in non-targeted Census tracts, a household must be a first-time homebuyer, buy a home in Chula Vista, and earn less than 115 percent of area median income. ^ Chula Vista Pre- and Post-Purchase Counseling Program: Courses are held throughout the region with pre- and post purchase counseling services. ^ Chula Vista First Time Homebuyer Program: This City program helps families earning up to 80 percent of AMI through a soft second on their first home purchase. ^ Reissued Mortgage Credit Certificate Program (RMCC): This program allows an existing MCC holder to refinance their mortgage and continue utilizing the benefit of having an MCC. Community development objectives. Priority 1: Provide for needed infrastructure improvements in lower and moderate income target areas. Objective: 10 projects over 5 years benefiting 10,000 persons residing within the Census Tracts. Resources: Annua/ADA Curb Ramps: This is an annual program. This project provides for the construction of concrete wheelchair ramps throughout the city. Existing pedestrian facilities lack wheelchair ramps which limits the mobility of physically challenged residents. The construction of wheelchair ramps will increase the mobility of these residents. Curb cuts are a requirement of the Americans with Disabilities Act (ADA). Annual Action Plan, City of Chula Vista 8 Priority 2: Provide for needed infrastructure improvements benefiting low and moderate income persons. Objective: Provide over 10,000 with improved infrastructure. Resources: ^ Third Avenue Street Improvement Project: This project provides for the ultimate street improvements including curb, gutter and sidewalk, as well as pavement rehabilitation. This section of Third Avenue is highly traveled by both vehicular and pedestrian traffic and is sub-standard both in terms of street section and missing sidewalks. ^ Section 108: The City Of Chula Vista received $9.5 in Section 108 Loan Guarantee funds to assist with the installation of new curbs, gutters and sidewalks eight streets located in the southwest area of the City. The proposed streets are located in Census Tracts 13102 and 13203, which contain more than 68.5% low/moderate income persons. Priority 3: Continue to improve the quality of existing community facilities. Objective: 10 public facilities over 5 years. Resources: ^ Lauderbach Public Facility Improvements: Interior and exterior improvements to include: Install outside building security lighting and surveillance cameras to reduce the risk of crime, drug and alcohol abuse by providing a well lit facility along with surveillance cameras to identify and deter criminal activity. Priority 4: Pursue the ability to provide funding for business programs to encourage job training and job creation. Objective: Create 8-12 jobs (2-3 full-time jobs annually). Resources: ^ No resources will be allocated in 2010-2011. ^ In 2005 the Department of Housing and Urban Development (HUD) conducted an audit on the City's use of CDBG, including economic development activities. The audit revealed that the economic development activities the City had undertaken were not eligible. For this reason, the City was instructed Annual Action Plan, City of Chula Vista 9 by HUD not fund any economic development related activities until directed by HUD. From 2005 until 2009, the City has restored its good status with HUD. The City will prepare a strategic plan which will address any concerns HUD had with the City's capacity to manage said activities. Special needs and homeless objectives. Priority 1: Continue to fund public services at the federally mandated 15 percent cap. Objectives: Assist 2,500 people with Public Services ranging from: Youth; Victims of Domestic Violence; and, Elderly Resources: ^ Mea/s on Whee/s: Daily delivery of up to two meals for seven days a week, 365 days a year to Chula Vista seniors age 62 and over. ^ KidCare Express Medical Mobi/e Unit: Program provides primary healthcare services to low income, medically underserved children and families in Chula Vista in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities by providing families with the healthcare they need, when and where they need it. ^ Lutheran Social Services Project Hand: Program maintains a food pantry, which provides basic food staples and other hygiene items to very low income Chula Vista residents. ^ Food 4 Kids Backpack Program: The program provides a backpack full of child-friendly food to children who are on the free breakfast or lunch program at their elementary school, but show evidence of suffering from hunger over the weekend. ^ Lauderbach Center: This program will provide various public services serving low-income persons. Provider(s) to be selected. ^ Adu/t Day Heath Care: Enable transportation to doctor appointments and day center by providing MTS tokens to seniors. ^ Fami/y Violence Treatment: Program provides therapeutic counseling and crisis services to adult and child victims of family violence. Services include; but not limited to a focused 24-hour, 7-day a week immediate crisis response, comprehensive strengths-based assessments and safety planning for DV victims and their children; treatment planning; age-appropriate group and individual counseling for children, victim support groups crisis intervention; a unique pre-school focused on children. Services for High-Risk and Homeless Youth: Provide high risk youth with the services, support and opportunities they need to lead healthy and productive lives, avoiding further contact with law enforcement and gang involvement. Annual Action Plan, City of Chula Vista 10 ^ Assessment, Referral and Emergency Services: Provide families with assessment and referral services as well as emergency services (food, clothing, etc.). ^ Lutheran Social Services Caring Neighbor: Program offers minor home repair services to Chula Vista seniors and persons with disabilities who are low or very low income. ^ Chula Vista Veteran Home Rehabilitation: Purchase of a rehabilitation equipment needed for use at the rehabilitation center as a public service activity. ^ WizKidz Program: Program operates out of the Otay Recreation Center and provides scheduled supervised activities which include arts/crafts, field trips, nutrition classes, guest speakers, games and sports tournaments. ^ Foreclosure Assistance Program: Funds will be used to contract with a HUD-approved housing counselor to assist Chula Vista residents who are at risk of foreclosure. Priority 3: Continue to support programs offering emergency and transitional housing opportunities for homeless families and individuals. Homeless assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive services based on income level. Objectives: Support 2000 homeless persons (40 homeless persons annually). Resources: ^ Emergency She/ter Program: HUD-funded Emergency Shelter Grant Program provides grants to local governments and to non-profit corporations for the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain operating and social service expenses in connection with the emergency shelter. ^ County of San Diego Voucher Program: The City of Chula Vista continues to financially support the voucher program administered by the County of San Diego. This program provides hotel/motel vouchers to homeless families and individuals through the winter months of November through April. ^ Lutheran Social Services Project Hand: the City of Chula Vista provides financial assistance to this program which dispenses food to homeless families and individuals. ^ Thursday's Meal: This program provides meals to homeless families and individuals. Chula Vista financially supports this program. ^ Ecumenical Council of San Diego's Interfaith Shelter Network: Provide rotational winter night time shelter at nine congregations in the South Bay for approximately 18 weeks. Services include meals, overnight supervision, showers, and case management. Annual Action Plan, City of Chula Vista 11 Regional Task Force on the Homeless -Regional Task Force on the Homeless: The RTFH provides information and referral services to homeless service agencies, individuals and local government jurisdictions and publishes for the public homeless information reports that address homeless services, the homeless population profile and homeless funding. The RTFH also operates a HUD mandated Homeless Management Information System that allows service agencies to track homeless client information through a central database and conducts the homeless count needed to pursue HUD's Supportive Housing Program funding for the region. Geographic Distribution/Allocation Priorities 91.22o(d) and (f) 9. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 10. Describe the reasons for the allocation priorities, the rationale for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) during the next year, and identify any obstacles to addressing underserved needs. Responses: The geographic distribution of funds for assistance is as follows: Housing assistance can be generally described as available throughout the entire city to income qualified households. Homeownership activities, rehabilitation of owner-occupied., and mixed income rental housing acquisition and development can occur in any area of the city exhibiting need or project feasibility (subject to program guidelines). Housing preservation activities are implemented in the low to moderate income census tracts throughout the city. Homeless assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive services based on income level and being at-risk or currently homeless. Special needs assistance can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive assistance based on income level and special need. Public services can be generally described as available throughout the entire city, at the specific location of the service providers. Clients receive assistance based on income level. Pub/ic facility and infrastructure projects must be located in low to moderate-income census tracts, as shown in the following map. Annual Action Plan, City of Chula Vista 12 Exhibit 1. Percent of Low to Moderate Income Households, City of Chula Vista Annual Affordable Housing Goals 91.22o(g) *If not using the. CPMP Tool: Complete and submit Tab/e 38 Annual Housing Completion Goa/s. *If using the CPMP Too/: Complete and submit the Table 38 Annual Housing Comp/etion Goals. 11. Describe the one-year goals for the number of homeless, non-homeless, and special-needs households to be provided affordable housing using funds made available to the jurisdiction and one-year goals for the number of households to be provided affordable housing through activities that provide rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units using funds made available to the jurisdiction. The term affordable housing shall be defined in 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. Response. One year affordable housing goals: Development of new affordable rental units-30 households; Rehabilitation and accessibility improvement in homes occupied by low-income owners-4 housing units; Assist renters become homeowners through tax credits, pre- and post-purchase counseling, soft second and refinancing existing debt-5 households. Provide assistance to homeless families and individuals in the form of rehabilitation and conversion of building for homeless shelters; provision of hotel/motel vouchers for homeless families and individuals; direct provision of emergency assistance and meals; and operating support for winter shelters-40 homeless persons annually. Annual Action Plan, City of Chula Vista 13 Public Housing 9i.220(h) 12. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. Response: The Housing Authority of the County of San Diego (HACSD) owns and operates all of the public housing units located in the City of Chula Vista. HACSD also administers the Section 8 voucher program that serves Chula Vista residents. Chula Vista public housing residents can apply for the City of Chula Vista's first time homebuyer programs using NSP or HOME funds. HACSD offers residents access to homebuyer education classes as one of the many programs offered to public housing residents. 13. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Response: Not applicable, the public housing units owned by HACSD are not designated as "troubled" by HUD. Homeless and Special Needs 91.220(1) 14. Describe, briefly, the jurisdiction's plan for the investment and use of available resources and describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness. 15. Describe specific action steps to address the needs of persons that are not homeless identified in accordance with 91.215(e). 16. Homelessness Prevention-Describe planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 14. and 16. Eliminating chronic homelessness and homeless prevention activities. The City of Chula Vista also maintains a strategic plan to address homelessness. The strategic plan is a regional approach which includes cooperation from the County of San Diego, the Chula Vista School District and various social service agencies. The City of Chula Vista is a member of the Regional Continuum of Care Council (CoC). The CoC's most recent Strategic Planning Objectives, which serve as the Homeless Strategic Plan for the region are: Objective 1. Create new permanent housing beds for chronically homeless individuals. ^ Secure Shelter Plus Care funding for two chronic homeless projects, expanding capacity by 12 units (15 beds). Annual Action Plan, City of Chula Vista 14 ^ Collaborate with the Plan to End Chronic Homelessness for expansion of programs for the chronic homeless by 6 beds. Secure 105 Veterans Administration Supportive Housing vouchers and target 25 for homeless meeting SHP definition. ^ Continue leveraging State funded Mental Health Services Act funds for development of new beds. ^ In anticipation of Hearth Act changes, advocate with local officials for use of HOME funds for chronic homeless families. Objective 2. Increase percentage of homeless persons staying in permanent housing over 6 months to at least 77 percent. ^ Secure continued funding for existing housing inventory. ^ Seek expanded support services funding. ^ Review annual performance data twice annually to identify individual program performance, create corrective actions and provide technical assistance as needed. ^ Implement revised client/homeless input plans to identify barriers to housing stability. ^ Improve access to mainstream income supports through collaboration and training with SSA, EDD, Workforce Investment Act, Medical, etc. ^ Research best practices for accessing and maintaining benefits. Objective 3. Increase percentage of homeless persons moving from transitional housing to permanent housing to at least 65 percent. The Continuum of Care (CoC) received technical assistance regarding completion of APRs in 2009. In 2009-10, providers will differentiate the type of clients and use the HMIS system to produce APRs that segregate client types. The CoC will continue to monitor program performance and support best practices. Supportive Housing Program (SHP) Transitional Housing providers will continue to emphasize employment and income stability. Programs will coordinate with ARRA services, including HPRP services that assist with rapid re-housing of families and individuals. Objective 4. Increase percentage of persons employed at program exit to at least 20 percent. Continue the current success promoted through annual public forums targeting strategies and programs for homeless persons. Coordinate activities with outreach, case management and employment groups to review current data regarding poverty, homelessness and job market forecasts. Support SHP programs in developing plans to counteract the impact of changes in the local economy and take advantage of special resources available under ARRA for employment, training and childcare. Annual Action Plan, City of Chula Vista 15 Objective 5. Decrease the number of homeless households with children. Expand prevention and early intervention strategies. Coordinate with public school systems to build strong partnerships with McKinney Vento homeless liaisons. Analyze jurisdictional data to identify families at high risk of becoming homeless and provide early intervention. Enhance HPRP, eviction protection and landlord/tenant services to deter homelessness for families. Access other resources, i.e., ARRA funds, to assist families with prevention and rapid rehousing services. The County of San Diego has established a Discharge Planning strategy through its RCCC. The strategy addresses discharge planning for the various institutions of systems of care including: foster care, health care, mental health and corrections. 15. Meet the needs of non-homeless. Priority 1: Continue to fund public services at the federally mandated 15 percent cap. Objectives: Assist 2,500 people with Public Services ranging from: Youth; Victims of Domestic Violence; and, Elderly Resources: ^ Meais on Wheeis: Daily delivery of up to two meals for seven days a week, 365 days a year to Chula Vista seniors age 62 and over. ^ KidCare Express Medical Mobile Unit_ Program provides primary healthcare services to low income, medically underserved children and families in Chula Vista in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities by providing families with the healthcare they need, when and where they need it. ^ Lutheran Social Services Project Hand: Program maintains a food pantry, which provides basic food staples and other hygiene items to very low income Chula Vista residents. ^ Food 4 Kids Backpack Program: The program provides a backpack full of child-friendly food to children who are on the free breakfast or lunch program at their elementary school, but show evidence of suffering from hunger over the weekend. 50 children at Harborside Elementary and 25 at Lauderbach have been identified as suffering from chronic hunger and will receive a backpack every Friday during the 36-week school year. Adu/t Day Heath Care: Enable transportation to doctor appointments and day center by providing MTS tokens to seniors. Fami/y Violence Treatment: Program provides therapeutic counseling and crisis services to adult and child victims of family violence. Services include; but not limited to a focused 24-hour, 7-day a week immediate crisis response, comprehensive strengths-based assessments and safety planning for DV Annual Action Plan, City of Chula Vista 16 victims and their children; treatment planning; age-appropriate group and individual counseling for children, victim support groups crisis intervention; a unique pre-school focused on children. ^ Services for High-Risk and Homeless Youth: Provide high risk youth with the services, support and opportunities they need to lead healthy and productive lives, avoiding further contact with law enforcement and gang involvement. ^ Assessment, Referral and Emergency Services: Provide families with assessment and referral services as well as emergency services (food, clothing, etc.). ^ Lutheran Social Services Caring Neighbor: Program offers minor home repair services to Chula Vista seniors and persons with disabilities who are low or very low income. ^ Chu/a Vista Veteran Home Rehabilitation: Purchase of a rehabilitation equipment needed for use at the rehabilitation center as a public service activity. ^ WizKidz Program: Program operates out of the Otay Recreation Center and provides scheduled supervised activities which include arts/crafts, field trips, nutrition classes, guest speakers, games and sports tournaments. ^ Foreclosure Assistance Program: Funds will be used to contract with a HUD-approved housing counselor to assist Chula Vista residents who are at risk of foreclosure. Barriers to Affordable Housing 9i.22o(j) 17. Describe the actions that will take place during the next year to remove barriers to affordable housing. Response: The City of Chula Vista's Housing Division will collaborate with other City departments and non-profit organizations in the development of affordable using existing policies. City's Housing Division will also receive and take into consideration the barriers identified in the City's approved Housing Element and recommendations included in the 2010-2015 Analysis to Impediments to Fair Housing Choice. Other Actions 91.220(k) 18. Describe the actions that will take place during the next year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce the number of housing units containing lead-based paint hazards, reduce the number of poverty-level families develop institutional structure, enhance coordination between public and private agencies (see 91.215(a), (b), (i), (j), (k), and (I)). Annual Action Plan, City of Chula Vista 17 19. Describe the actions to coordinate its housing strategy with local and regional transportation planning strategies to ensure to the extent practicable that residents of affordable housing have access to public transportation. Addressing obstacles to meeting needs. Chula Vista has very actively addressed housing needs by increasing (with required voter approval) participation in future affordable rental developments, approving a mobile home overlay district to address mobile home redevelopment and loss of affordable units, passing its Affordable Housing Policy which requires developers to contribute to the affordable housing stock, increasing allowable residential density in the city's general plan and by not placing strong limits on residential growth. However, local and state sources of revenue for affordable housing and community development are inadequate to address housing and community development needs in the city. The current economic climate is particularly challenging. On the plus side, home prices have fallen, enabling more moderate income renters to afford to buy homes-if they are able to get financing. The city will also benefit from new federal funds to address many of its most acute and community development needs. CDBG 91.220(1)(1) Identify program income expected to be received during the program year, including: • amount expected to be generated by and deposited to revolving loan funds; • total amount expected to be received from each new float-funded activity included in this plan; and • amount expected to be received during the current program year from a float-funded activity described in a prior statement or plan. Response: During the program year the City anticipates receiving approximately four ($)thousand generated through interest earned from Section 108 Loan guarantee proceeds. In addition, approximately $16,000 will be received from loan repayments for the residents' portion for upgrades to their driveway aprons. The City does not have any float-funded activities and therefore will not receive any program income through this source. 2. Program income received in the preceding program year that has not been included in a statement or plan. During 2009/2010 the following grant funds were received by the City, which have not been included in a statement or plan. Grant Pro ram Pro'ect Amount HOME - Cordova Villa e 41 839.67 CDBG - South Count EDC 8 916.71 CDBG Section 108 Loan - 20 622.00 Annual Action Plan, City of Chula Vista 18 Castle ark_ Interest Total Pro ram Income 74 070.71 3. Proceeds from Section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in its strategic plan. Response: Infrastructure improvements are identified in the strategic plan as a priority. In 2008, the City received a Section 108 loan in the amount of $9.5million to provide focused infrastructure improvements in an area of the City known as the Castlepark Area. Improvements include new streets, sidewalks, curbs, gutters and drainage improvements. During 2010/2011 it is anticipated that approximately $5million of the proceeds will be utilized for this purpose. 4. Surplus funds from any urban renewal settlement for community development and housing activities. Response: There are no surplus funds from any urban renewal settlement to report. 5. Any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. Response: There are no grant funds which have been returned to the line of credit to report. 6. Income from float-funded activities. Response: There is no income from float- funded activities. 7. Urgent need activities, only if the jurisdiction certifies. Response: The City did not undertake any urgent need activities. 8. Estimated amount of CDBG funds that will be used for activities that benefit persons of low- and moderate income. Response: The City will allocate 100% of it's funds to low and moderate income persons. HOME 91.220(1)(1) 1. Describe other forms of investment. (See Section 92.205) If grantee (PJ) plans to use HOME funds for homebuyers, did they state the guidelines of resale or recapture, as required in 92.254. Response: The recapture requirements are included in the recorded HOME regulatory agreement. The specific guidelines can be requested by contacting the City of Chula Vista Housing Division at 276 Fourth Avenue Chula Vista, CA 91910 or by calling Jose Dorado at 619-476-5375 or by visiting the City's website at www.chulavista.ca.aov/cvrh. The City is considering adopting a resale policy in the near future. 2. If grantee (PJ) plans to use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, state its refinancing guidelines required under 24 CFR 92.206(b). Response: The following are conditions under which the City will refinance existing debt secured by multifamily housing that is being rehabilitated: a. Complete a City of Chula Vista affordable housing application and meet Annual Action Plan, City of Chula Vista 19 City funding guidelines. b. Agree to a minimum affordable period of 55 Years. c. The property has not previous received HOME funds. d. The project must be located in the City of Chula Vista. e. Subsidy amount must not exceed HUD limits. f. Subject to approval by local governing bodies Other requirements may be applied that are required by state, local, and federal law. 3. Resale Provisions -- For homeownership activities, describe its resale or recapture guidelines that ensure the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4). Response: The City does not have a resale provision in place and instead uses recapture to ensure units remain affordable. City staff is considering using resale restrictions to ensure units remain affordable beyond the initial HOME affordability period. 4. HOME Tenant-Based Rental Assistance -- Describe the local market conditions that led to the use of a HOME funds for tenant based rental assistance program. If the tenant based rental assistance program is targeted to or provides a preference for a special needs group, that group must be identified in the Consolidated Plan as having an unmet need and show the preference is needed to narrow the gap in benefits and services received by this population. Response: No TBRA funds are allocated during the 2010-2010 Action Plan. 5. If a participating jurisdiction intends to use forms of investment other than those described in 24 CFR 92.205(b), describe these forms of investment. 6. Describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME-assisted units. 7. Describe actions taken to establish and oversee a minority outreach program within its jurisdiction to ensure inclusion, to the maximum extent possible, of minority and women, and entities owned by minorities and women, including without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing under the HOME program or any other Federal housing law applicable to such jurisdiction. Please refer to the County of San Diego (www.sdhCd.Org) and City of San Diego (www.sandiego.gov) Annual Action Plans for more details on the goals and distribution of HOPWA funds. 8. If a jurisdiction intends to use HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds, state its financing guidelines required under 24 CFR 92.206(b). Annual Action Plan, City of Chula Vista 20 Responses: 1. and 3. Guidelines for resale and recapture. Pursuant to 24 CFR 92.254(a)(ii), the City of Chula Vista requires that HOME funds be recaptured if the housing does not continue to be the principal residence of the family for the duration of the Period of Affordability. If all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred and Borrower is not a natural person), the "Equity", as hereafter defined, in the Property shall be shared between the Borrower and the City. 2. and 8. The City does not expect to refinance existing debt. HOPWA 91.220(1)(3) 1. One year goals for the number of households to be provided housing through the use of HOPWA activities for: short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family, tenant-based rental assistance, units provided in housing facilities that are being developed, leased, or operated. Please refer to the County of San Diego (www.sdhCd.org) and City of San Diego (www.sandiego.gOV) Annual Action Plans for more details on the goals and distribution of HOPWA funds. ~_ .. . Include any action plan information that was not covered by a narrative in any other section. If optional tables are not used, provide comparable information that is required by consolidated plan regulations. Annual Action Plan, City of Chula Vista 21 APPENDIX A. Consolidated Plan Certifications and SF-424 APPENDIX A. Consolidated Plan Certifications and SF-424 This appendix contains the HUD required signature forms and certifications for the City of Chula Vista Five-year Consolidated Plan. BBC RESEARCH St CONSULTING APPENDIX A, PAGE 1 APPENDIX B. HUD Tables and Proposed Projects Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Fair Housin Counselin Services 2010-2011' Description: IDIS Project #: UOG Code: CA 60720 Chula Vista Affirmatively further fair housing by providing outreach and education regarding fair housing services, legal. rights and responsibilities of landlords under the Eair Housing Act, provide technical assistance to industry professionalsm and maintain programs and procedures under which Citizens of Chula Vista may register complaints regarding their allegations of unlawful housing discrimination and seek enforcement assistance. Location: Priority Need Cate oty 276 Fourth Avenue Chula Vista, CA 91910 Select one: Planning/Administration ~ Explanation: Expected Completion Date: 06/30/2011 jective tegory Q Decent Housing Suitable Living Environment Economic Opportunity ' S ecific Ob ectives Outcome Categories 1 ~ ^ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed y +r C Underway Underway ~ d Complete ' Complete ~ Accompl. Type: i ~ Proposed Accompl . Type: ~ Proposed ~ a Underway . Underway •~ ~ Complete Complete L d Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ a Underway Underway Complete Complete Pro osed Outcome Performance M easure Actua l Outcome People Served 21D Fair Housing Activities (subject to 20% Admin cap) 570.201 ~ Matrix Codes ~ Matrix Codes ~ ' Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $35,500.00 Fund Source: ~ Proposed Amt. L Actual Amount J Actual Amount ~ Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. ~ Actual Amount Actual Amount i Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units C - Actual Units ~ Actual Units L a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 1 1 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: CDBG Administration and Plannin 2010-2011 Description: IDIS Project #: UOG Code: CA60720 Chula Vista Administration funds will be utilized for costs associated with the management and administration of Chula Vista's CDBG program, including planning, regulatory compliance, contract administration, environm ental assessments and fiscal management. Location: Priority Need Category 276 Fourth Avenue; Chula Vista, CA 91910 Select One' Planning/Administration ~ Explanation: Expected Completion Date: 06/30/2011 jective tegory Q Decent Housing (~ Suitable Living Environment Economic Opportunity S ecific Objectives Outcome Categories 1 ~ ^ Availability/Accessibility ^ Affordability 2 ~I ^ Sustainability 3 ~ ~ Accompl. Type: Proposed Accompl. Type: ~ Proposed N _ i Underway Underway ~ d Complete Complete t Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed v ~ Underway Underway Complete Complete ~ a Accompl. Type: ~ Pro 0 p sed Accompl. Type: ~ Proposed V Q Underway Underway Complete Complete Proposed Outcome Performance Measure Actua l Outcome NJA N/A 21A General Program Administration 570.206 ~ Matrix Codes ~ ~ Matrix Codes 'Matrix Codes ~ ~ Matrix Codes Matrix Codes ~ CDBG ~~ Proposed Amt. $359,500 Fund Source: ~ Proposed Amt. ~„~ ~ i Actual Amount Actual Amount ~ ' Fund Source: ~ Pro osed Amt. P Fund Source: ~ Pro posed Amt. ~ ~ Actual Amount Actual Amount ~ Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units 01 ~ Actual Units Actual Units O L Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units a Actual Units Actual Units Project 2 2 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Re Tonal Task Force'On the Homeless Description: Ibis Project #: UOG Code: CA 60720 CHULA VISTA The RTFH administers the (HUD Mandated) Homeless Management Information. System {HMIS), otherwise known as ServicePoint, which allows service,agencies,to track homeless client information through a central database. The HMS makes reporting to HUD more efficient: RTFH provides information and referral services to homeless services agencies, indivitluais and local government jurisdictions and publishes for Yhe;public, homeless information reports that address homeless services and the homeless population profile." Location: Priority Tleed Category Community Wide Select One: Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: 06J30J201i O jective tegory Decent Housing Q Suitable Living Environment Ernnomic Opportunity ' Specific 4b ectives Outcome Categories 1 ~ l ^ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed H +' C ' Underway ' Underway ~ dl Complete Complete H Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed rJ . Underway Underway £ Complete Complete L d Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed u Q Underway Underway Complete Complete Pro osed Outcome Performance M easure Actua l Outcome N/A ' N/A 21A General Program Administration 570.206 ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $5,000.00 Fund Source: ~ Proposed Amt. i Actual Amount Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount ~ Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units ~ ~ Actual Units Actual Units z' a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 3 3 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Meals on Wheels Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Daily delivery of up to two meals for seven days a week, 365 days a year to Chula Vista seniors age 62 and over Location: Priority Need Category Community Wide Select one' -- Public Services ~ Explanation: Expected completion Date: Improve access to service or benefit. 06/30/2011 O jective tegory (~ Decent Mousing Suitable Living Environment Q Economic Opportunity Specific Ob'edives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ~~ ^ Sustainability 3 ~ O1 People ~ Proposed 219 Accompl. Type: ~ Proposed Underway Underway ~ d Complete Complete t Ol People ~ ~ I Proposed Accompl. Type: ~ Proposed u ~ Underway Underway £ Complete Complete L p ~ ~ Accompl Type: Proposed Accompl. Type: ~ Proposed , Q ~ . Underway Underway Complete Complete Pro osed Outcome Performance Measure Actua l Outcome AvailabilityJAccessibility of a suitable living environ. People Served 05A Senior Services 570.201(e) ~ ~ Matrix Codes ~ ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes Matrix Codes ~ ~ CDBG Proposed Amt. $12,000.00 Fund Source: ~ Proposed Amt. ~ __ ~. Actual Amount Actual Amount Fund Source: ~ i Proposed Amt. Fund Source: ~ Proposed Amt. i Actual Amount Actual Amount ~ Ol People ~ Proposed Units 219 Accompl. Type: ~ Proposed Units p1 f Actual Units Actual Units O '' Type: ~ Accompl Proposed Units Accompl. Type: ~ Proposed Units a . Actual Units Actual Units Project 4 4 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Lutheran Social Services-Pro'eCt Hand Description: IRIS Project #: UOG Code: CA60720 CHULA VISTA Program maintains a food pantry, which provides basic food staples and other hygiene items to very low income Chula Vista residents. Location: Priority Need category 580 Hilltop Chula Vista, CA 91910 Select One: Public Services ~ Explanation: Expected Completion Date: ImprOVe aCCeSS t0 SerVICe of benefit. 06130j2011 0 jective tegory Decent Housing Suitable Living Environment Q Economic Opportunity ' S eifie Qb ectives Outcome Categories 1 Improve the services for low/mod income persons ~ AvailabilityJAccessibility ^ Affordability 2 _ ^ Sustainability 3 Ol People ~ Proposed 3800 "'' Accompl. Type: ~ Proposed H _ Underway Underway ~ dl Complete Complete H Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ a Underway Underway . •0 ~ Complete ' Complete L d ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed a Underway Underway Complete Complete Pro osed Outcome Performance M easure Actual Outcome Availability/Accessibility of People Served a suitable living'environ'. 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $20,000.00' Fund Source: ~ Proposed Amt. i Actual Amount Actual Amount Fund Source: ~ ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount i Ol People ~ Proposed Units 3800 Accompl. Type: ~ Proposed Units ~ ~ Actual Units Actual Units a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 5 5 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: South Ba Communi Services Thursda 's Meals Description: IRIS Project #: UOG Code: CA60720 CHULA VISTA Provide homeless and needy families with hot and nourishing meals., on a weekly basis, at 4 sites thoughout Chula Vista. Focus of the program would be serving homeless and at risk of homelessness. Location: Priority Need Cate ory 1124 Bay Boulevard; Ste D Chula Vista, CA 91910 Select one' ' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Improve access to service or benefit. 06/30J2011 O jective tegory Q Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ Ol People ~ Proposed 300 Accompl. Type: ~ Proposed Underway Underway ~ dl Complete Complete t Type: ~' ~ Accompl Proposed Accompl. Type: ~ Proposed u ~ . Underway Underway C ~ Complete Complete L d Type: ' ~ Accompl Proposed Accompl. Type: ~ Proposed ~ Q . Underway Underway Complete Complete Pro posed Outcome Performance Measure Actua l Outcome Availability/Accessibility of a suitable living environ. People Served 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ ~ Matrix Codes Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ CDBG ~ Proposed Amt. $10,000.00 Fund Source: ~ Proposed Amt. ~ ~ L Actual Amount Actual Amount Fund Source: ~ ' Proposed Amt. Fund Source: ~ Proposed Amt. i Actual Amount Actual Amount ~ OS People ~ Proposed Units 300 Accompl. Type: ~ Proposed Units O1 u Actual Units Actual Units a Type: ~ Accompl Proposed Units Accompl. Type: ~ Proposed Units . Actual Units Actual Units Project 6 6 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Count of San Die. o Hotel Voucher Pro ram Description: IDIS Project #: uOG Code: CA60270 CHULA VISTA Program provides hotel. vouchers for homeless families, aged and disabled and at riskpregnant women that would otherwise not meet the criteria for staying in an emergency shelter and/or are transitioning from emergency housing into transitional/permanent housing.. Funds will be used to cover the City's portion of the regional shelter voucher program. Location: Priori Need Category Citywide _ - Select One: Public Services ~ Explanation: Expected Completion Date: Improve access to service or benefit/provide shelter to case 05/30/2011 managed homeless families. O jective tegory DecentMou~ng Suitable Living Environment (~ Economic Opportunity ~ S ecific Qb ectiv~s Outcome_Categories 1 Improve the services for low/mod inwme persons ~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 !~ Ol People ~ Proposed 15 Accompl. Type: ~ Proposed ~ +' C Underway Underway ~ ~ Complete Complete ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ fl Underway Underway . •~ ~ Complete Complete L d u Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed Q Underway Underway Complete Complete Pro osed Outcome Performance M easure Actua l Outcome AvailabilityJAccessibility of ' People Served a suitable living'environ. 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $12,250.00 Fund Source: ~ Proposed Amt. rr Actual Amount Actual Amount } Fund Source: ~ ~ Proposed Amt. Fund Source: ~ Proposed Amt. ~ Actual Amount Actual Amount i O1 People ~ Proposed Units 15 Accompl. Type: ~ Proposed Units ~ ~ Actual Units Actual Units L a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 7 7 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Interfaith Shelter Network Description: IRIS Project #: uOG Code: CA60720 CHULA VISTA Program provides rotational winter night-time shelter at 8 congregations in in South Bay for a total of 16 weeks between November and March. Location: Priority Need Category Citywide "- -- ---' Select one' Homeless/HIV/AIDS ~ Explanation: Expected completion Date: Improve access to service or benefit/provide shelter to case 06/30/2011 managed homeless families and individuals.. O jective Category (~ Decent Housing Suitable Living Environment Economic Opportunity S ecific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability i 2 ~ ^ 5ustainability 3 ~ Ol People ~ ~ Proposed 10 Accompl. Type: ~ Proposed H ~ Underway Underway ~ d Complete Complete t Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ u - . ~ Underwa y Underwa Y ~ C Complete Complete L a ~ Accompl. Type: ~ ' Proposed Accompl. Type: ~ Proposed Q I Underway Underway Complete Complete Pro posed Outcome Performance Measure Actua l Outcome Availability/Accessibility of People Served a suitable living environ. 05 Public Services (General) 570.201(e) ~ 'Matrix Codes ~ ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes Matrix Codes • CDBG ~ ~ Proposed Amt. $10,350.00 Fund Source: ~ Proposed Amt. ~ __ _____ >L, Actual Amount Actual Amount d Fund Source: ~ ' Proposed Amt. Fund Source: ~ Proposed Amt. } Actual Amount Actual Amount ~ O1 People ~ Proposed Units 10 Accompl. Type: ~ Proposed Units D1 u Actual Units Actual Units O a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 8 8 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: San Die o Food Bank-Food 4 Kids Back ack Pro ram Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA The program provides a backpack full of child-friendly food to children who are on the free breakfast or lunch program at their elementary school, but show evidence of suffering from hunger over the weekend. 'S0 children at Harborside Elementary and 25 at Lauderbach have been identified as suffering from chronic hunger and will receive a backpack every. Friday during the 36-week schooiyear. Location: Priority Need Category Lauderback Elementary & Harborside Elementary Select One: Public Services ~ Explanation: Expected Completion Date: Improve access to service or benefit. 06/30/2011 jective tegory Decent Hou~ng Q Suitable Living Environment Economic Opportunity ' S cifsc Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability 2 ~ Sustainability 3 Ol People ~ Proposed 75 Accompl. Type: ~ Proposed H +~' C Underway Underway ~ d Complete Complete ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ fl Underway Underway . •0 ~ Complete Complete L d ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed Q Underway Underway ' Complete Complete Pro osed Outcome Performance M easure Actual Outcome Availability/Accessibility'of People Served a suitable living environ. 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ . Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ CDBG ~ Proposed Amt. $15,000.DO Fund Source: ~ Proposed Amt. a. Actual Amount Actual Amount Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount ~ i Ol People ~ Proposed Units 75 Accompl. Type: ~ Proposed Units ~ ~ Actual Units Actual Units a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 9 9 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ___.___ Adult Protective Services-Trans ortation Description: IRIS Project #: UOG Code: CA60720 CHULA VISTA Enable transportation to doctor appointments and day center by providing MTS tokens to seniors. Location: Priority Need Category 310 East "J" Street Chula Vista, CA 91910 Select one' ~ - --- T Public Services ~ Explanation: Expected Completion Date: Improve access to service or benefit. 06/30/2011 Objective Category Q Decent Housing Suitable Living Environment Q Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ~, ^ Sustainability __I 3 O1 People I ~ i Proposed 50 Accompl. Type: ~ Proposed ~ C i Underway Underway ~ dl Complete Complete t Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed u _ Underway Underway C ~ Complete Complete ~ d Type: ~ Accompl Pro osed P Accompl. Type: ~ Pro osed P V Q , . Underway Underway Complete Complete Pro osed Outcome Performance Measure Actua l Outcome Availability/Accessibility of a suitable living environ. People Served 05A Senior Services 570.201(e) ~ ~ Matrix Codes ~ ~ I Matrix Codes ~ Matrix Codes ~ Matrix Codes Matrix Codes ~ ~ ' CDBG Proposed Amt. $11,000.00 Fund Source: ~ Proposed Amt. ~ i. _ Actual Amount Actual Amount d Fund Source: ~ ' Proposed Amt. Fund Source: ~ Proposed Amt. ~ ~ Actual Amount Actual Amount ~ Ol People ~ Proposed Units 50 Accompl. Type: ~ Proposed Units G1 ~ Actual Units Actual Units O L Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units a Actual Units Actual Units Project 10 10 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: South Ba Communi Services Famil Violence Treatment Pro ram Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Program provides therapeutic counseling and crisis services to ,adult and child victims of family violence. Services include; but not limited to a focused 24-hour, 7-day a week immediate crisis response, comprehensive strengths-based assessments and safety planning for DV victims and their children; treatment planning; age-appropriate group and individual counseling for children, victim support groups crisis +nterventiort; a unique pre-school focused on children, - Location: Priority Need Category 1124 Bay Boulevard; Ste.D; -- - Chula Vista, CA 91911 Select One: Public Services ~ Explanation: Expected Completion Date: Services for Limited. Clientele (abused/battered spouses and 06/30J2011 '-' children). O jective tegory DecentMousing Q Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories Improve the services for low/mod income persons ~ 1 Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ O1 People ~ Proposed 590. Accompl. Type: ~ Proposed N +' C Underway Underway ~ d Complete Complete N Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ C Underway Underway . •~ ~ Complete Complete L d Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ Q Underway Underway Complete Complete Pro osed Outcome Performance M easure Actua l Outcome Availability/Accessibility of Peopte Served a suitable living envir.-'- 05G Battered and Abused Spouses 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $34,000.00 Fund Source: ~ Proposed Amt. i Actual Amount Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount ~ i O1 People ~ . Proposed Units 590 Accompl. Type: ~ Proposed Units ~ Actual Units Actual Units L a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 11 11 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: South Ba Communi Services Hi h Risk/Homeless Youth Services Description: IDIS Project #: UOG Code: CA60720 CITY OF CHULA VI Provide high risk youth with the services, support and opportunities they need to lead healthy and productive lives, avoiding further contact with law enforcement and gang involvement. Location: Priority Need Catenary 1124 Bay Boulevard; Ste.D; Chula Vista, CA 91911 Select one' Public Services ~ Explanation: Expected Completion Date: Improve aCCeSS t0 Se1VICe Or benefit. 06/30/2011 O jedive tegory Decent Housing Suitable Living Environment Q Economic Opportunity S ecific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ~I ^ Sustainability 3 ~ 01 People ~ Proposed 240 Accompl. Type: ~ Proposed Underway Underway ~ d Complete Complete t Type: ~ Accompl Proposed Accompl. Type: ~ Proposed u ~ . Underway Underway ~ Complete Complete L a Accompl Type: ~ I Pro osed P Accompl. Type: ~ Pro osed P ~ Q . Underway Underway Complete Complete Pro osed Outcome Performance Measure Actua l Outcome Availability/Accessibility of People Served a suitable living envir. ~ I Matrix Codes ~ 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes Matrix Codes ~ CDBG ~' Proposed Amt. $39,550.00 Fund Source: ~ Proposed Amt. ~ i Actual Amount Actual Amount Fund Source: ~ j Proposed Amt. Fund Source: ~ Proposed Amt. } Actual Amount Actual Amount ~ O1 People ~ Proposed Units 240 Accompl. Type: ~ Proposed Units O1 ~ Actual Units Actual Units ~ Type: ~ Accompl Proposed Units Accompl. Type: ~ Proposed Units a . Actual Units Actual Units Project 12 12 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Famil Health Centers of San Die o- Kid Care'Ex ress Description: IDis Project #: uoG Code: CA60720 CHULA VISTA CDBG funding ,partially supports a mobile medical unit to ,provide primary healthcare services to low income, medically. underserved children and families'in Chula Vista in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities by ,providing families with the'heatthcare'they need,'when and where they need it. ', Location: Priority Need Category. Community Wide-CDBG --~ Eligible Census Tracts Select One: Public Services ~ Explanation: Expected Completion Date: ImprOVe aCCeSS t0 SerVlCe Or benefit. 06J30/2011 jective Category 0 Decent Housing Suitable living Erwironment Economic Opportunity specific ot-jectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability _ 2 ^ Susf:ainability 3 ~ Ol People ~ Proposed 1560 Accompl. Type: ~ Proposed H +' C Underway Underway ~ d Complete Complete ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ a Underway Underway •~ £ Complete Complete d u Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed Q Underway Underway Complete Complete Pro osed Outcome Performance M easure Actua l Outcome Availability/Accessibility of People Served a suitable living envron. 05M Health Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ CDBG ~ Proposed Amt. $27,000.00 Fund Source: ~ Proposed Amt. ~ Actual Amount Actual Amount Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount ~ Ol People ~ Proposed Units ''_1560 Accompl. Type: ~ Proposed Units ~ Actual Units Actual Units L a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 13 13 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: CV Community Collaborative- Assessment, Referral and Emergency Svs Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Provide families with assessment and referral services as well as emergency services (food, clothing, etc.). Location: Priority heed Category Citywide Select one' - Public Services - _ _~ ~ Explanation: Expected Completion Date: Improve access to service or benefit. 06/30/2011 O jective tegory Q Decent Hou~ng Suitable Living Environment Q Economic Opportunity S ecific Ob'ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ I O1 People ~ Proposed 317 Accompl. Type: ~ Proposed Underway Underway ~ d Complete Complete Type: ~ i Accompl Proposed Accompl. Type: ~ Proposed ~ u _ . Underway Underway C ~ Complete Complete a ~ Type: ~ ~ Accompl Proposed Accompl. Type: ~ Proposed Q . Underway _ Underway Complete Complete Pro osed Outcome Performance Measure Actua l Outcome Availability/Accessibility of a suitable living environ. People Served ~ 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ ~ Matrix Codes 'Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes ~ CDBG ~ Proposed Amt. $39,312.00 Fund Source: ~ Proposed Amt. ~ __.~ s. Actual Amount Actual Amount d Fund Source: ~ ~ Proposed Amt. Fund Source: ~ Proposed Amt. ~ ~ Actual Amount Actual Amount ~ Ol People ~ Proposed Units 317 Accompl. Type: ~ Proposed Units G1 u Actual Units Actual Units O L Type: ~ Accompl Proposed Units Accompl. Type: ~ Proposed Units a . Actual Units Actual Units Project 14 14 CPMP CPMP Version z.o Grantee Name: CITY OF CHULA VISTA Project Name: Lutheran Social Services Carin Nei hbor Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Minor Home Repair Assistance for Owner Occupied Units. Location: Priority Need Category Citywide - -~ Select One' Owner Occupied Housing ~ Explanation: Expected completion Date: Improve access to service or benefit. Improve the quality of owner oe/3o/2oii occupied housing for income eligible seniors f#or minor repair jective tegory assistance. Provide assistance in applying for City of Chula Vista ~ Decent Housing Community. Housing Improvement Program and Christmas in Suitable Living Environment October. Economic Opportunity. Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^ Availability/Accessibility ^ Affordability 2 _ Sustainability 3 ~ 04 Households ~ Proposed 18 Accompl. Type: ~ Proposed H _ Underway Underway ~ d Complete ' Complete H Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ a Underway Underway . •~ ~ Complete Complete d u Accompl. Type: ~ ~ Proposed Accompl. Type: ~ Proposed Q Underway Underway Complete Complete Pro osed Outcome Performance M easure Actual Outcome Decent People Served Housing/Sustainability Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $7,380.00 Fund Source: ~ Proposed Amt. ><. Actual Amount J Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. £ Actual Amount Actual Amount i 04 Households ~ Proposed Units 18 Accompl. Type: ~ Proposed Units ~ ~ Actual Units ~ Actual Units L d Accompl. Type: ~ . Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 15 15 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Chula Vista Veterans Home-Rehabilitation Services Description: IRIS Project #: UOG Code: CA60720 CHULA VISTA Purchase of a BowFlex TreadClimber for use in the rehabilitation center. Location• Priority Need Category 700 E. Naples Court Chula Vista, CA 91911 Select one' Public Services ~ Explanation: Expected Completion Date: ImprOVe aCC2SS t0 Service Or t)eneflt. 06/30/2010 O jective Category Q Decent Housing Suitable Living Environment Economic Opportunity Specific Otrjectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 I ^ Sustainability 3 ~ i Ol People ~ Proposed 279 Accompl. Type: ~ Proposed ~ ++ I Underway Underway ~ d Complete Complete t pe: ~ l T Accom Proposed Accompl. Type: ~ Proposed u ~ . y p Underway Underway C £ Complete Complete a u e: ~ ~ Accom l T Proposed Accompl. Type: ~ Proposed v Q p . yp Underway Underway Complete Complete Proposed Outcome Performance Measure Actua l Outcome People Served 05 Public Services (General) 570.201(e) ~ ~ Matrix Codes ~ ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes Matrix Codes ~ CDBG ~ Proposed Amt. $3,000.00 Fund Source: ~ Proposed Amt. ~ L Actual Amount Actual Amount Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount le ~ O1 Peo Proposed Units 279 Accompl. Type: ~ I Proposed Units ~ D1 p Actual Units ~ Actual Units a Accompl Type: ~ Proposed Units Accompl. Type: ~ Proposed Units . Actual Units Actual Units Project 16 16 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Ci of Chula Vista Recreation-Wiz Kids Description: IRIS Project #: ' UOG Code: CA60720 CHULA VISTA Program operates out of the Otay Recreation Center and provides scheduled supervised activities which .include arts/crafts, field trips, nutrition classes, guest speakers, games and sports tournaments. Location: Priority Need Category 3554 Main Street Chula Vista, CA 91911 Select one: Public Services ~ Explanation: Expected Completion Date: Improve access to service or benefit. 06/30/201.1 jective tegory Decent Housing Q Suitable Living Environment Economic Opportunity Speci~icOt-jectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 _ ^ Sustaihability 3 ~ 01 People ~ Proposed 50 Accompl. Type: ~ Proposed H _ Underway Underway ~ ~ Complete Complete H Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ a Underway Underway •~ ~ Complete Complete L d u Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed a Underway Underway Complete Complete Pro osed Outcome Performance M easure Actual Outcome Availability/Accessibility of ' People Served a suitable living envron. 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $.12,266.00 Fund Source: ~ Proposed Amt. L Actual Amount Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. ~ Actual Amount Actual Amount i OS People ~ Proposed Units __50 Accompl. Type: ~ Proposed Units ~ Actual Units Actual Units i' p Accom I. T e: ~ P YP Proposed Units Accompl. Type: ~ Proposed Units , Actual Units Actual Units Project 17 17 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Clt of Chula Vista Foreclosure Assistance Counsefin Description: IDIS Project #: UOG Code: CA60720 Funds will be used to contract with aHUD-approved housing counselor to assist Chula Vista residents who are at risk of foreclosure. Location: Priority Need Category 276 Fourth Avenue ~ - Development Services Housing Select One' Public Services ~ Division Building 300 276 CA Ch l Vi t h A s a, Fourt venue u a 91910 Explanation: New Service 06/30/2011 jective tegory Q Decent Housing Suitable Living Environment (~ Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ '~ ^ Availability/Accessibility ^ Affordability 2 ~, Sustainability 3 ~ 04 Households ~ ~ Proposed 40 Accompl. Type: ~ Proposed ~ + + Underway Underway ~ G=1 Complete Complete Type: ~ Accompl Proposed Accompl. Type: ~ Proposed ~ . u _ Underway Underway G ~ Complete Complete L a ~ Type: ~ ' Accompl Pro osed P Accompl. Type: ~ Pro osed P Q , . Underway Underway Complete Complete Pro osed Outcome Performance Measure Actua l Outcome Sustainabitity/Suitable People Served Living Environment ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ ~ Matrix Codes Matrix Codes ~ CDBG ~ ; Proposed Amt. $20,000.00 Fund Source: ~ Proposed Amt. ~ ~ Actual Amount Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. ~ Actual Amount Actual Amount 04 Households ~ Proposed Units 40 Accompl. Type: ~ Proposed Units ~ 01 Actual Units Actual Units ~ Type: ~ Accompl Proposed Units Accompl. Type: ~ Proposed Units a . Actual Units Actual Units Project 18 18 CPMP CPMP Version z.o Grantee Name: CITY OF CHULA VISTA Project Name: Lauderbach Nei hborhood Center Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA This program will provide various public services to low income Chula Vista residents. Providers to be selected. Location: Priorlh Need Category 333 Oxford Street Chula Vista, CA - - - - T 91910 Select One' Public Services ~ Explanation: Expected Completion Date: Improved Access to' a Service or Benefit 06/30/2011._ jedive tegory DecentHou~ng Suitable Living Environment Q Economic Opportunity ' S clfic t>b ectives Outcome Categories ' 1 Improve quality /increase quantity of neighborhood facilities for low-income persons ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ 11 Public Facilities ~ Proposed Y Accompl. Type: ~ Proposed H _ Underway Underway ~ d7 Complete Complete H Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ fl Underway Underway . •~ ~ Complete Complete i11 v Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed u Q Underwa Y Underway Complete Complete Pro osed Outcome Performance M easure Actual Outcome Availability/Accessibility of a suitable living environ. OS Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~,,~ CDBG ~ Proposed Amt. 26,892.00 Fund Source: ~ Proposed Amt. ~ Actual Amount Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount i 11 Public Facilities ~ Proposed Units Accompl. Type: ~ Proposed Units ~ ~ Actual Units Actual Units a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 19 19 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ADA Curb Cut Pro ram 2010-2011 Description: IDIS Project #: uOG Code: CA60720 CHULA VISTA Funds will be used for the design and construction of ADA ramps in various locations. Location: Priority Need Category Enter location, address, zip codes, census tracks, or other elements Select one: Infrastructure ~ that will help to identify the ti f th t l on o e projec . oca Explanation: Expected Completion Date: Improved Access to a Service or Benefit 06/30/2011 O jective Category (~ Decent Housing Suitable Living Environment (~ Economic Opportunity Specific Ob"eLtives Outcome Categories 1 Improve quality /increase quantity of public improvements for lower income persons ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ 11 Public Facilities ~ Proposed 15 Accompl. Type: ~ Proposed Underway Underway ~ O Complete Complete t Type: ~ ~ Accompl Proposed Accompl. Type: ~ Proposed v H . Underway Underway O £ Complete Complete L a ~ ( Type: ~ Accompl Pro osed P Accompl. Type: ~ Pro osed P Q . Underway Underway Complete Complete Proposed Outcome Performance Measure Actua l Outcome Availability/Accessibility of a suitable living environ. ~ Matrix Codes Matrix Codes ~ ~ Matrix Codes Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ CDI3G ~ Proposed Amt. $332,695.00 ~ Fund Source: Proposed Amt. ~ ~ ~ _ L Actual Amount Actual Amount Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount 11 Public Facilities ~ Proposed Units 15 Accompl. Type: ~ Proposed Units ~ D1 ~ Actual Units Actual Units a Type: ~ Accompl Proposed Units Accompl. Type: ~ Proposed Units . Actual Units Actual Units Project 20 20 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Section 108 Loan Pa merit Castle :Park Infrastructure Im rovements Description: IRIS Project #: UOG Code: CA60720 CHULA VISTA Debt service payment for Section 108 Loan which was used for infrastructure improvements'in the Castlepark Area. Location: PriorOty Need Category Castle Park Area of Chula Vista_ ' -- Select One: Infrastructure ~ Explanation: Expected Completion Date: Improved Access to a Service or Benefit 06/30/2011''' jective tegory Q Decent Hou~ng Suitable Living Environment (~ Economic Opportunity Specific Ob actives Outcome Categories 1 Improve quality /increase quantity of public improvements for lower income persons ~ ', ~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 =1 Ol People ~ Proposed Accompl. Type: ~ Proposed H +' C Underway Underway ~ d Complete Complete H Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ fl Underway Underway . •~ ~ Complete Complete L d ~ Accompl. Type:; ~ Proposed Accompl. Type: ~ Proposed Q ~ Underway ' ' Underway Complete , Complete Pro osed Outcome Performance M easure Actual Outcome AvailabilityJAccessibility of a suitable living environ. 03L Sidewalks 570.201(c) ~ ' Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $741,015.00 Fund Source: ~ Proposed Amt. i Actual Amount Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount R Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units ~ ~ Actual Units Actual Units i' d Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 21 21 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Third Avenue Streetsca a Pro'ect Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Funds will be used for a portion of the design and construction of the Third Avenue streetscape project. Improvements include new lighting, signage, sidewalks and ramps. Location: Priority Need Category CT 12302, 12402, 12304, 12700, 12300 Select One' Priority Need Category ~ Explanation: Expected completion Date: Improved Access to a Service or Benefit 06/30/2011 Objective tegory Decent Housing Suitable Living Environment Q Economic Opportunity Specific Objectives Outcome Categories 1 Improve quality /increase quantity of public improvements for lower income persons ~ ~ ^~ Availability/Accessibility ^ Affordability 2 ~i ^ Sustainability 3 ~ ~ Ol People Proposed 18096 Accompl. Type: ~ Proposed +~~+ ~ Underway Underway d d > Complete Complete ~ t Type: ~ ~ l Accompl Proposed Accompl. Type: ~ Proposed u ~ i . Underway Underway C £ Complete Complete L d pe: l ~ Accom l T Pro osed P Accompl. Type: ~ Pro osed P ~ Q i p . y Underway Underway Complete Complete Pro posed Outcome Performance Measure Actua l Outcome Availability/Accessibility of a suitable living environ. 03K Street Improvements 570.201(c) ~ Matrix Codes ~ ~ Matrix Codes Matrix Codes ~ ~ 'Matrix Codes Matrix Codes ~ CDBG ~ Proposed Amt. $410,000.00 Fund Source: ~ Proposed Amt. ~ . __ __ L Actual Amount Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount le ~ 01 Peo Proposed Units 18096 Accompl. Type: ~ Proposed Units ~ C1 p ~ Actual Units Actual Units ~ e: ~ l T Accom Proposed Units Accompl. Type: ~ Proposed Units a . yp p Actual Units Actual Units Project 22 22 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Lauderbach Public Facili Im rOVements Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Interior and exterior improvements to include the following,: Installation of surveipance cameras to reduce the risk of crime, drug and alcohol abuse activity to deter criminal activity. Location: Priority Need Category 333 Oxford Street Chula Vista, CA 91910 Select One: .Public Facilities ~ Explanation: Expected Completion Date: Improved Access to a Service or Benefit 06J30J2011 jective tegory Decent Housing Suitable Living Environment Q EconomicOpportunity `' " S cific Ob actives Outcome Categories 1 Improve quality /increase quantity of neighborhood facilities for low-income persons ~ Availability/Accessibility Affordability 2 ~ ^ Sustainability 3 ~ 11 Public Facilities ~ Proposed 1 Accompl. Type: ~ Proposed H _ Underway Underway ~ d Complete ' Complete = Accompl. Type: i ~ Proposed Accompl. Type: ~ Proposed H 'a Underway Underway •~ ~ Complete Complete L d ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed a Underway Underway Complete Complete Pro osed Outcome Performance M easure Actual Outcome Availability/Accessibility of a suitable living' environ' 03F Parks, Recreational Facilities 570.201(c) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $182,824.00 Fund Source: ~ Proposed Amt. L Actual Amount Actual Amount ~ Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount i 11 Public Facilities ~ Proposed Units 1 Accompl. Type: ~ Proposed Units ~ ~ Actual Units Actual Units d Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 23 23 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: HOUSIn Services -- Description: IDIS Project #: UOG Code: UOG Code Funds for City staff costs of program delivery of a variety of affordable housing services that assist owners, tenants, contractors, and other entities wishing to participate in the City's HOME Investment Partnerships Program housing activities, including affordable housing development. Location: Priority Need Category 276 Fourth Avenue Chula Vista, ~ - _ -"- - _T CA 91910 Citywide Select one' Other ~ Explanation: Expected Completion Date: Increase decent affordable housing. 06/30J2011 O jective tegory Decent Housing (,~ Suitable Living Environment Economic Opportunity Specific Ob'ectives Outcome Categories 1 Increase the supply of affordable rental housing ~ ^ Availability/Accessibility Increase the availability of affordable owner housing ~ ^~ Affordability 2 ^ Sustainability 3 ~ ~ 04 Households ~ Proposed 5 Accompl. Type: ~ Proposed Underway Underway ~ 41 Complete Complete Type: ~ . Accompl Proposed Accompl. Type: ~ Proposed H u _ ~ . Underway Underway £ Complete Complete L p u Type: ' ~ Accompl Proposed Accompl. Type: ~ Proposed , v Q . Underway Underway Complete Complete Pro osed Outcome Performance Measure Actua l Outcome Affordability/Decent Housing Units Produced Housing 14H Rehabilitation Administration 570.202 ~ ~ Matrix Codes ~ ~ :Matrix Codes Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ CDBG ~ ! Proposed Amt. $32,045.00 Fund Source: ~ Proposed Amt. ~„~ ~ f L Actual Amount Actual Amount Fund Source: ~' Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount R 04 Households ~ Proposed Units 5 Accompl. Type: ~ Proposed Units Cf ~ Actual Units I Actual Units d Type: ~ Accompl Proposed Units Accompl. Type: ~ Proposed Units . i Actual Units Actual Units Project 24 24 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: Production of Affordaibie Nousin CDBG Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Council approved $348,744 on June 2, 2009 for CDBG funding of an acquisition/rehabi liation project.. An additional $40,000 in CDBG funds will be'used for the purpose of funding a CDBG Eligible Affordable Housing Activity including: acquisition and/or rehabilitation project or down payment assistance. Location: Priori. :deed Cate ory Citywide Select one: Rental Housing ~ Explanation: Expected Completion Date: Availability of decent affordable housing 06J30/2011 O jective tegory Q Decent Mousing. Q Suitable Living Environment Economic Opportunity $ ecific pb~ec#ivea Outcome :Categories 1 Increase the supply of affordable rental housing ~ ^ Availability/Accessibility Affordability 2 Sustainability 3 ~ 10 Housing Units ~ Proposed 2_ Accompl. Type: ~ Proposed ~ _ Underway Underway ~ d Complete Complete H Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed v . Underway Underway C ~ '' Complete Complete L d ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ Q Underway ' Underway Complete Complete Pro osed Outcome Performance M easure Actua l Outcome Affordability/Decent Housing Units Housing 14G Acquisition -for Rehabilitation 570.202 ~ . Matrix Codes • Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ CDBG ~ Proposed Amt. $40,000.00 Fund Source: ~ Proposed Amt. ~ L Actual Amount Actual Amount Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount - L 10 Housing Units ~ Proposed Units ~ Accompl. Type: ~ Proposed Units O1 ~ Actual Units Actual Units O `' Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units a Actual Units Actual Units Project 25 25 CPMP Grantee Name: CHULA VISTA CPMP Version 2.0 Project Name: Production of Affordable Housin HOME Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Funds will be utilized with prior year HOME funds for continued funding for affordable housing development, housing site improvements, and other activities to stimulate housing opportunities for lower income persons in the City. Location• Priority Need Category Citywide Rental Housing ~ Select one: Explanation: Expected completion date: Increase number of affordable housing units in the City of Chula 06/ 30/ 2012 Vista . Objective tegory Decent Housing Suitable Living Environment Economic Opportunity S ecific Objectives Outcome Categories 1 Increase the supply of affordable rental housing • ^ Availability/Accessibility Affordability 2 ~ ^ Sustainability 3 10 Housin Units ~ I Proposed 5 Accompl. Type: ~ Proposed g Underway Underway ~ d Complete Complete t l T e: Accom ~ Proposed Accompl. Type: ~ Proposed . yp p I u ~ Underway Underway C ~ Complete Complete '' d Accom l T pe: : ~ Pro osed P Accompl. Type: ~ Pro osed P ~ p . y ; Q Underway Underway Complete Complete Pro osed Outcome Performance Measure Actua l Outcome Affordability/Decent Housing Units Housing Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ HOME ~ ~ Proposed Amt. $896,659 Fund Source: ~ Proposed Amt. ~ ~ L Actual Amount Actual Amount 10 Fund Source: ~ l Proposed Amt. Fund Source: ~ Proposed Amt. } i Actual Amount Actual Amount 10 Housin Units ~ Proposed Units 5 Accompl. Type: ~ Proposed Units ~ p1 g f Actual Units Actual Units a e: ~ T Accom l Proposed Units Accompl. Type: ~ Proposed Units yp p . Actual Units Actual Units Project 26 26 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: HOME Administration'and Plannin Description: IDIS Project #: ` uoG Code: CA60720 CHULA VISTA Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's HOME program, including planning, regulatory compliance, contract administration, and fiscal management.'.' Location: Priority Need Category ' 276 Fourth Avenue Chula Vista, CA 9.1910 Select One: Planning/Administration ~ Explanation: Expected Completion Date: 06/30/2011 jective tegory Q Decent Hou~ng Q.Suitable Living Environment Economic Opportunity ~ cific Ob actives Outcome .Categories 1 ~ ^ Availability/Accessibility ^ Affordability 2 _ Sustainability 3 ~ Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed H +' C Underway Underway ~ d Complete Complete H Accompl. Type : ~ Proposed Accompl. Type: ~ Proposed ~ . Underway Underway a. •~ ~ Complete Complete L d. Accompl. Type: ~ Proposed Accompl. Type: ~ Proposed ~ Q Underway Underway Complete Complete Pro osed Outcome Performance M easure Actua l Outcome N/A N/A Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ HOME ~ Proposed Amt. .00 99,628 Fund Source: ~ Proposed Amt. ~ Actual Amount . Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ Proposed Amt. Actual Amount Actual Amount i Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units ~ u Actual Units Actual Units L a Accompl. Type: ~ Proposed Units Accompl. Type: ~ Proposed Units Actual Units Actual Units Project 27 27 CPMP Grantee Name: CITY OF CHULA VISTA CPMP version 2.0 Project Name: South Ba Communi Services-Casa Nueva Vida Description: IDIS Project #: UOG Code: CA60720 Funding for transitional housing operating expenses (03T), and essential services (05) to assist homeless families. Location: Priority Need Category 1124 Bay Boulevard Ste. D Chula ---- Vista, CA 91910 Select one' Homeless/HIV/AIDS ~ Explanation: Expected completion Date: Increased range of housing options and services by providing short- 06/30/2011 term shelter, beds, and case management. Objective Category Decent Housing Q Suitable Living Environment Q Economic Opportunity Specific Objectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ ^~ Availability/Accessibility ^ Affordabilit 2 ~ y ^ Sustainability 3 ~ ~ le Ol Peo Proposed 231 Accompl. Type: ~ Proposed +~+ I p Underway Underway d d Complete Complete Type: ~ ~ ' Accompl Proposed Accompl. Type: ~ Proposed ~ u _ . Underway Underway C ~ Complete Complete d pe: ~ ~ Accom l T Proposed Accompl. Type: ~ Proposed ~ a p . y ( Underway Underway Complete Complete Proposed Outcome Performance Measure Actua l Outcome Availability/Accessibility/Su Persons itable Living Environ. 03T Operating Costs of Homeless/AIDS Patients Programs ~ ' 05 Public Services (General) 570.201(e) ~ ~ Matrix Codes Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes ~ ESG ~ Proposed Amt. $83,621.00 Fund Source: ~ Proposed Amt. ~ L ~ Actual Amount Actual Amount d Fund Source: ~' Proposed Amt. Fund Source: ~ Proposed Amt. } Actual Amount Actual Amount ~ Accompl. Type: ~ Proposed Units Accompl. Type: ~~ Proposed Units p1 ~ Actual Units Actual Units a l T e: ~ Accom Proposed Units Accompl. Type: ~ Proposed Units . yp p Actual Units Actual Units Project 28 28 CPMP Grantee Name: CITY OF CHULA VISTA CPMP Version 2.0 Project Name: ESG Plannin and Administration 2010-2011 Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA Administration funds will be utilized for staff costs associated with the management and administration of Chula Vista's ESG program, including planning, regulatory compliance, contract administration, and fiscal management. Location: Priori Need Category 276 Fourth Avenue Chula Vista; - - - --~ CA 91910 Select One' Planning/Administration Explanation: Expected Completion Date: 06/30/2011 O jective te+gory Q Decent'Hou~ng Q Suitable Living Environment Economic Opportunity Specific Qb ettives' Outcome Categories 1 • ^ Availability/Accessibility ^ Affordability 2 • ^ Sustainability 3 • Accompl. Type: • Proposed Accompl. Type: • Proposed H _ _ Underway Underway ~ ~ Complete Complete t Accompl. Type: • Proposed Accompl. Type: • Proposed H 'a Underway Underway •~ ~ Complete Complete L d ~ Accompl. Type: • Proposed Accompl. Type: • Proposed Q Underway Underway Complete Complete Pro osed Outcome Performance M easure Actual Outcome N/A____ N/A Matrix Codes • Matrix Codes • Matrix Codes • Matrix Codes • Matrix Codes • Matrix Codes • ~ ESG • Proposed Amt. 4400 Fund Source: • Proposed Amt. L Actual Amount Actual Amount Fund Source: • l Proposed Amt. Fund Source: • Proposed Amt. Actual Amount Actual Amount ~ Accompl. Type: • Proposed Units Accompl. Type: • Proposed Units ~ ~ Actual Units Actual Units a Accompl. Type: • Proposed Units Accompl. Type: • Proposed Units Actual Units Actual Units Project 29 29 CPMP APPENDIX C. Citizen Participation Plan CITY OF CHULA VISTA Citizen Participation Plan, 2010-2015 The Consolidated Plan is a U.S. Department of Housing and Urban Development (HUD) requirement for a city to receive federal housing and community development funding. Each Consolidated Plan must contain a strategy for citizen participation in the Consolidated Plan and Annual Action Plan process. It is the policy of the City of Chula Vista to ensure adequate citizen involvement in the planning, implementation, and evaluation of its housing and community development programs. This document outlines the City's plan for soliciting and receiving citizen input during preparation of the Five-Year Consolidated Plan covering the program years 2010 to 2015, and the individual Annual Action Plans during these same years. This Citizen Participation Plan (CPP) was drafted in accordance with Sections 91.100 and 91.105 of HUD's Consolidated Plan regulations. Administrative Responsibilities and Contact Information The City of Chula Vista (City) is the recipient of all CDBG, HOME, and ESG funds. Specific program information is available at http://www.chulavistaca.~ov/City Services/Development Services/RedevHousin~/Default.a ~• The Development Services Housing Division has responsibility for administration of the Consolidated Plan process, which includes all activities related to development and dissemination of Consolidated Plans, Annual Action Plans, and Consolidated Annual Performance Evaluation Reports. The City of San Diego is the recipient of HOPWA funds and has contracted with the County of San Diego to administer the HOPWA program. Information on the HOPWA program is available at www.sdhcd.com Encouraging Public Participation It is the intent of the City of Chula Vista is to encourage and facilitate the participation of residents in the formulation of priorities, strategies and funding allocations related to the Consolidated Plan process, emphasizing involvement by low and moderate income persons, especially those living in low and moderate income neighborhoods. The City also encourages participation of minority populations, including people who do not speak English and persons with special needs. The City shall encourage the participation of residents of public and assisted housing developments, in the process of developing and implementing the Consolidated Plan. Finally, the City consults with the public and private agencies that provide housing, health and social services to City residents to identify the greatest needs of City residents, particularly low to moderate income residents and those with special needs. CITY OF CHULA VISTA CITIZEN PARTICIPATION PLAN PAGE 1 Role of low and moderate income people. The primary purpose of the programs covered by this CPP is to improve communities by providing decent housing, a suitable living environment, and growing economic opportunities-all principally for low and moderate income people. Because the amount of federal CDBG, HOME, and ESG money the City of Chula Vista receives and/or administers each year is primarily based on the severity of both poverty and substandard housing conditions in the City, the City recognizes the importance of public participation that genuinely involves people who have experienced these conditions. It is the City's intent to provide opportunities for meaningful involvement by low income people at all stages of the process, including: ^ Needs identification ^ Priority setting ^ Funding allocations ^ Program recommendations Stages of the Consolidated Plan Process The policies and procedures in this CPP relate to five specific stages of action mentioned in law or regulation. These stages include: ^ Stage 1. The needs assessment stage, i.e., the identification of housing and community development needs that generally occurs during development of a Consolidated Plan. For the 2010-201 S Consolidated Plan, this stage occurred between December and December 2009 and January 2010.. ^ Stage 2. The plan development stage, i.e., preparation of a Draft Consolidated Plan and/or Draft Annual Action Plan. This occurred during January 20 10 March 2010 for the Five-year Consolidated Plan and for the 2010 Action Plan ^ Stage 3. The approval stage, i.e., formal approval by elected officials of a final Consolidated Plan or Annual Action Plan. The timing of this stage depends on the meeting schedule of the City of Chula Vista, but generally occurs during March. ^ Stage 4. The amendment stage, i.e., when a change is made in the proposed use of funds in an Annual Action Plan or to the priorities established in the Consolidated Plan, a formal Substantial Amendment will be proposed, considered and acted upon. (See "Stages in the Process" of this CPP for the definition of what constitutes a substantial amendment). This stage only occurs if a substantial amendment is required. ^ Stage 5. The performance review phase, i.e., preparation of the CAPER. This occurs during August and September of each year. Program Year in the City of Chula Vista CITY OF CHULA VISTA CITIZEN PARTICIPATION PLAN PAGE 2 The "program year" established by the City for these funds is July 1 through June 30. Plan Year 1: July 1, 2010-June 30, 2011 Plan Year 2: July 1, 2011 June 30, 2012 Play Year 3: July 1, 2012-June 30, 2013 Play Year 4: July 1, 2013 June 30, 2014 Plan Year 5: July 1, 2014 June 30, 2015 Public Notice This section describes how the City will issue public notices about the Five-year Consolidated Plan, Annual Action Plan and CAPER meetings, draft review periods and amendments. When notice will occur. The City will provide advanced public notice once any of the following documents is available for draft review and comment: the Proposed Annual Action Plan or Consolidated Plan, any proposed Substantial Amendment, and the Annual Performance Report. In addition, the City will provide public notice of all public hearings related to the funds or to the planning process covered by this CPP. HUD considers two weeks advance public notice to be adequate for the public to permit informed comment. The amount of lead time can also vary, depending on the event. Specific minimum amounts of lead time for different events are described later in this CPP. Forms of public notice. Public notices will be published in an English-language and Spanish- language general circulation publications. Whenever feasible, display ads and/or press releases for publication in appropriate neighborhood and ethnic newspapers will also be used. Notice will also be given through mailings to other organizations or individuals who have requested receipt of such notices. The proposed Consolidated Plan will be published to afford citizens, public agencies and other interested parties a reasonable opportunity to examine its contents and to submit comments. The requirement for publishing will be met by publishing a summary of the proposed Consolidated Plan and proposed projects in the above-mentioned publications. Public Access to Information The City of Chula Vista will provide the public with reasonable and timely access to information and records relating to the data or content of the Consolidated Plan, as well as the proposed, actual, and past use of funds covered by this CPP. In addition, the City will provide the public with reasonable and timely access to local meetings related to the proposed or actual use of funds. Standard documents. Standard documents to which public access will be provided include: the proposed and final Annual Action Plans, the proposed and final Consolidated Plans, proposed and final Substantial Amendments to an Annual Action Plan or Consolidated Plan, Consolidated Annual Performance Reports and this Citizen Participation Plan. CITY OF CHULA VISTA CITIZEN PARTICIPATION PLAN PAGE 3 Availability of standard documents. In the spirit of encouraging public participation, copies of standard documents will be provided to the public. These materials will be available in a form accessible to persons with disabilities, upon request by calling (619) 691-5036. Places where standard documents are available. Standard documents are available at the following locations: ^ City of Chula Vista Development Services Housing Division, located at: 276 Fourth Avenue Chula Vista, CA 91910; and ^ City of Chula Vista Development Services-Redevelopment and Housing Website at: http://www.chulavistaca.~ov/cvrh Public Hearings Public hearings will be held at key stages of the process to obtain the public's views and to provide the public, to the greatest extent possible, with responses to their questions and comments. The City holds public hearings to obtain input regarding community needs during development of a Consolidated Plan, to review proposed uses of the funds in each Annual Action Plan, and to review program performance. More information about these specific hearings is contained in "Stages of the Process" of this CPP. Access to public hearings. Public hearings will be held only after there has been adequate notice as described in "Public Notice" of this CPP. At a minimum, an advertisement in an English and Spanish language general circulation publication, published at least ten days before the hearing, is required. The City web-site at www.chulavistaca.gov also posts the City Council meeting agendas and information on each agenda item. Public hearings are held before the City of Chula Vista Council Chambers; 276 Fourth Avenue Chula Vista, CA 91910-accessible by public transit. Public hearings and populations with unique needs. All public hearings are held at a location accessible to people with disabilities. If non-English speaking or hearing impaired residents request assistance to participate in a public hearing, the City will provide appropriate assistance to the greatest extent possible. Public Meetings The City holds public meetings related to the Consolidated Plan process in several areas in the City of Chula Vista (i.e. East, South and Northwest) in and around the month of September. Anyone interested in being notified of the meetings can call or otherwise contact the Development Services Housing Division to be placed on the community meeting mailing list. Because the housing and community development needs of low and moderate income people are so great and so diverse, priorities must be set in order to decide which needs should get more attention and more resources than other needs. This is the basic reason the Consolidated Plan exists. CITY OF CHULA VISTA CITIZEN PARTICIPATION PLAN PAGE 4 The City holds public meetings to obtain residents' opinions about needs and what priority those needs have during the development stage of the Consolidated Plan (every 5 years). Public meetings about needs will be completed at least 15 days before a draft Consolidated Plan is published for comment, so that the needs identified can be considered by the City and addressed in the draft Plan. Draft Annual Action Plan and/or Consolidated Plan The law providing the funds related to this CPP calls for improved accountability of jurisdictions to the public. In that spirit and in compliance with the terms of the law, the City will use the following procedures: General information. At the beginning of this stage, usually in October of each year, the City will provide public notice of the anticipated receipt of grant funds, including an estimate of the amount of CDBG, HOME, and ESG, funds it expects to receive in the following year and a description of the range of types of activities that can be funded with these resources. Also, the notice will provide an estimate of the amount of these funds that will be used in ways that will benefit low and moderate income people. Contact information will be included in the notice so that interested persons can obtain additional information. The plans of the City to minimize the extent to which low and moderate income people will have to leave their homes as a result of the use of these federal dollars (displacement) are also available at this stage. The City's "anti-displacement plan" describes how the City will compensate people who are actually displaced as a result of the use of these funds, specifying the type and amount of compensation. Technical assistance. City staff will work with organizations representative of low and moderate income people who are interested in submitting a proposal to obtain funding for an activity. Technical assistance workshops regarding the funding process and how to apply will be provided to interested organizations early in the process. Availability of a proposed plan. Copies of Proposed Consolidated Plans and/or Annual Action Plans are made available by request. In addition, copies are made available at the locations specified above in "Public Access to Information" of this CPP. Public hearings and further action. In addition to the public meetings held in the community regarding proposed Plans, public hearings about proposed Plans are held by the City Council. All comments from the public meetings, as well as those received in writing during the 30-day public comment period, are presented to the Chula Vista City Council for their consideration. In the event that the City receives notification of one-time federal funds or grant opportunities, the City may use the suggested public comment period. All such comments are considered by staff and presented in the final Plans. CITY OF CHULA VISTA CITIZEN PARTICIPATION PLAN PAGE 5 Final Annual Action Plan and/or Consolidated Plan Copies of the final Plan and a summary will be made available to the public upon request at cost. In addition, copies will be available at the locations specified above in "Public Access to Information." Substantial Amendments to the Consolidated Plan and Action Plan Occasionally, public comments warrant an amendment to the Consolidated Plan and/or Action Plan. The City will make documents available for interested parties of the draft Consolidated Plan and Annual Action Plan and Executive Summary for a comment period no less than 30-days. In the event that the City receives notification of one-time federal funds or grant opportunities, the City may use the suggested public comment period. The criteria for whether to amend a Consolidated Plan or Annual Action Plan is referred to by HUD as "Substantial Amendment Criteria." The following are defined as substantial amendments by the City and will require public notice and provision of a public comment period: ^ Over 50% of the original location of beneficiaries are impacted by the change; ^ Contract scope of work of the proposed activity is modified to the point where it would generally be considered a new activity; ^ Subrecipient assumes the responsibility of a project identified in the Action Plan;; ^ Anew program or proposed activity is proposed for funding that was not previously identified in the Consolidated Plan and Action Plans; ^ An administrative decision to reallocate funds to an activity in the Action Plan to other activities of equal or lesser priority need level, unless the decision is a result of: - A federal government, state government, or local government declared state of emergency. ^ A change in allocation priorities or a change in the method of distribution of funds; ^ Any use of HUD 108 financing that was not described in the Consolidated Plan; ^ Any changes in federal funding level after the Draft Consolidated Plan's comment period has expired; and ^ the resulting effect on the distribution of funds will not be considered an amendment or a substantial amendment. Public notice and public hearing for substantial amendments. The City will provide reasonable notice of a proposed Substantial Amendment so that residents will have an opportunity to CITY OF CHULA VISTA CITIZEN PARTICIPATION PLAN PAGE 6 review and comment on it. Notice will be made according to the procedures described in "Public Notice" of this CPP and will allow a 30-day period for public comment. In the event that the City receives notification of one-time federal funds or grant opportunities, the City may use the suggested public comment period. In preparing a final Substantial Amendment, due consideration will be given to all comments and views expressed by the public. The final Substantial Amendment will have a section that presents all comments and explains why any comments were not accepted. Consolidated Annual Performance Evaluation Report (CAPER) Every year, the City must submit to HUD the Consolidated Annual Performance Evaluation Report (CAPER), within 90 days of the close of the program year, i.e., by September 28. In general, the CAPER describes how funds were actually spent and the extent to which these funds were used for activities that benefited low and moderate income people. Public notice for CAPERS The City will provide reasonable notice that the CAPER is available so that residents will have an opportunity to review and comment on it. Notice will be made according to the procedures described in "Public Notice" above. Public comments will be accepted during a 15-day comment period described in the public notice. Copies of the CAPER will be made available to the public upon request. In addition, copies will be available at the locations listed in "Public Access to Information." In preparing a CAPER for submission to HUD, consideration will be given to all comments and views expressed by the public, orally or submitted in writing. The CAPER sent to HUD will have a section that presents all comments. Complaint Procedures Written complaints from the public about the City's citizen participation process or the Consolidated Plan process will receive careful consideration and will be answered in writing within 15 working days. Written complaints should be sent to the CDBG Coordinator at the following address: City of Chula Vista Development Services Housing Division, 276 Fourth Avenue Chula Vista, CA 91910 Amending the Citizen Participation Plan This Citizen Participation Plan can be amended only after the public has been notified of the City's intent to modify it and only after the public has had a reasonable chance to review and comment on proposed substantial changes. CITY OF CHULA VISTA CITIZEN PARTICIPATION PLAN PAGE ~7 APPENDIX D. Public Comments APPENDIX D. Public Comments This section will be updated for the Final Five-year Consolidated Plan with the public comments received as part of the City of Chula Vista Consolidated Plan public input process and 30-day public comment period. BBC RESEARCH St CONSULTING APPENDIX D, PAGE 1