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HomeMy WebLinkAbout2011/04/05 Item 2~.-- _ - CITY COUNCIL AGENDA STATEMENT ~~fli cmr of CHUtAVISTA April 5, 2011 Item? ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $375,222 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO ELIGIBLE PROJECTS; (2) AMENDING THE 2010-2011 CIP BUDGET AND ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS "EUCALYPTUS PARK RIGHT-OF-WAY" (STL- 376) AND "ADA CURB RAMPS FY 2011-12" (STL-377); (3) APPROPRIATING $375,222 TO STL-376 AND STL-377 BY REALLOCATING THE CDBG-R FUNDING APPROPRIATED TO THE "THIRD AVENUE STREETSCAPE PROJECT" (STL-362); AND (4) APPROVAL OF A CONTRACT AMENDMENT WITH FAMILY HEALTH CENTERS OF SAN DIEGO. SUBMITTED BY: ASSISTANT CITY MANAGER ~ DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES ~ NO SUMMARY The City of Chula Vista received one-time Community Development Block Grant Recovery Act (CDBG-R) funds from the Department of Housing and Urban Development (HUD) in 2009. The City desires to re-allocate CDBG-R funding in order to meet the strict expenditure requirements. Therefore, a substantial amendment to the 2008-2009 Annual Action Plan is proposed to re-allocate $375,222 in CDBG-R funds to other eligible projects. Additionally, City desires to amend an Agreement with Family Health Centers of San Diego for an existing CDBG-R funded public facility improvement project. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) 2-1 Apri15, 2011, Item 2 Page 2 of 4 of the State CEQA Guidelines because the proposed street right-of-way improvement work involves negligible or no expansion of existing street right-of--way. Thus no further CEQA review or documentation is necessary. Additionally, the Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) due to the use of federal CDBG funds, and has determined that the project qualifies for a Categorical Exclusion (Subject to 58.5) pursuant to Title 24, CFR Section 58.35(a) as implemented by the U.S. Department of Housing and Urban Development (HUD) Guidelines. Thus, no further NEPA review or documentation is necessazy. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION As a Department of Housing and Urban Development Entitlement Community, the City received Community Development Block Grant Recovery Act funds as aone-time allocation. The City desires to re-allocate CDBG-R funding in order to meet the strict expenditure requirements which requires a Substantial Amendment to the 2008-2009 Annual Action Plan (Attachment I). On May 4, 2010, Council approved CDBG-R funding for the Third Avenue Streetscape project. Due to delays in the Third Avenue Streetscape project and HUD's continued concerns about the City's CDBG-R expenditure rate, staff is recommending the following strategy to address HUD concerns: In the 2011/2012 CDBG application cycle, the City received CDBG applications from the City's Public Works Department. The first project is for American's with Disabilities Act (ADA) curb cuts in the amount of $200,222. The second project is the Eucalyptus Pazk Right-of--Way Project which consists of improvements along "C" Street ($175,000). City staff is now recommending using CDBG-R funding for these projects that would normally be considered for 2011/2012 funding. These projects can be completed in just eight months, allowing the City to spend all of its remaining CDBG-R funds and addressing HUD's concerns. The first proposed program is the Eucalyptus Pazk Right of Way & Pazk Entrance Improvement project. An appropriation of $175,000 will allow for the installation of sidewalks and other ADA improvements. The second capital improvement project that will receive funding through this reallocation is the ADA Curb Cut Program. This $200,222 allocation will provide for ADA curb cuts to be installed in Community Development Block Grant low/moderate-income areas of the City. Both activities selected aze consistent with the City of Chula Vista's Five Year Consolidated Plan as they each provide infrastructure to low and moderate income residents. 2-2 Apri15, 2011, Item Page 3 of 4 Staff is recommending shifting the remaining amount of CDBG-R funding from the Third Avenue Streetscape Project to fund two new capital projects using 2011/2012 CDBG funding. The following table (Table I) is a breakdown of the reallocation of CDBG-R funds: Table I* As a point of clarification with respect to the Third Avenue Project, the total CDBG investment to this project will not be affected by the proposed reduction of $375,222. This amount will be replenished with 2011/2012 CDBG funds. On May 4, 2010, Council approved CDBG-R funds for facility improvements to the Chula Vista Family Health Center facility located at 251 Landis. The expansion allowed more Chula Vista residents to access low cost health Gaze. Due to the low bids received for the original project scope, there aze remaining CDBG-R funds available to complete additional improvements to expand services at the facility. Family Health Center of San Diego is requesting the remaining funds to be used for additional improvements to the facility. Staff reviewed the request and is recommending Family Health Center of San Diego to use those cost savings for additional improvements. The request requires a minor contract amendment to the Scope of Work (Attachment 2). DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundazies of the properties which are the subject of this action. CURRENT FISCAL IMPACT This action establishes two new Capital Improvement Projects, STL-376 "Eucalyptus Pazk Right of Way and Park Accessibility along C Street" and STL-377 "CDBG-R ADA Curb Ramps FY 2010-11" and appropriates CDBG-R Funds in the amount of $375,222, amending the FY2010-11 CIP Program and Budget. The Family Heath Center of San Diego Project Federal grant funds aze already appropriated in the current fiscal yeaz. There is no ongoing fiscal impact to the City's General Fund as project and staff costs are covered by the grants. 2-3 Apri15, 2011, Item 2 Page 4 of 4 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as project and staff costs aze covered by the grants. ATTACHMENTS Attachment 1: CDBG-R Substantial Amendment Attachment 2: Family Health Center of San Diego CDBG-R Contract Amendment Prepared by: Jose Dorado, Project Coordinator II, Development Services, Housing Division 2-4 Attachment 1 City of Chula Vista Community Development Block Grant Recovery Act Program (CDBG-R) Substantial Amendment to the 2008/2009 Annual Action Plan CITY OF CHUi.A VISTA Prep d Redevelopment ~~Iousing March 2011 Contact Person: Jose Dorado, Project Coordinator 276 Fourth Avenue, Chula Vista, CA 91910 2-5 CDBG-R SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Chula Vista Jurisdiction Web Address: • wtivw.chzdavistaca.zov/cvrh CDBG-R Contact Person: Jose A. Dorado Address: 276 Fourth Avenue Telephone:619-476-5375 Fax: 619-585-5698 Email: jdorado(a~ci.chula-vista.ca.us ENSURING RESPONSIBLE SPENDING OFRECOVERYACT FUNDS Funding available under the Recovery Act has clear purposes - to stimulate the economy through measures that modernize the Nation's infrastmcture, 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 REPORTINGPROPOSED CDBG-R ACTIV/TIES 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 httu:/hvww.hud.¢ov/recovery. PLEASE REFER TOATTACHMENT I OF THIS SUBSTANT/AL AMENDMENT 2-6 B. CDBG-R INFORMATION BYACT[VITY (COMPLETEFOR EACHACTIVITYJ (1) 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.) - ADA Curb Ranrps - Eucalyptus Park Right of Way & Park Entrance Accessibility Improvements (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 XII 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 creating jobs 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 of jobs 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 I for a more detailed description of each activity. (3) Jobs Created: (Report the number offull- 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 feasdble) are listed below: - ADA 3 jobs retained/5 jobs created - Eucalyptus Park Right of Way and Park Entrance Improvements 2 retained/3 jobs created 2-7 (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.) - New ADA Curb Cut Project ($175,000): The proposed project would provide installation and construction of an estimated 100 of Americans with Disabilities Act (ADA) compliant curb ramps. This project will improve and increase pedestrian safety for the physically challenged. The ramp locations have been selected in accordance with the City of Chula Vista's ADA Curb Cuts priority list, which was adopted by the City Council in February 2008 to update the City's ADA Transition Plan. Only those locations that are within CDBG-eligible low/moderate income areas in western Chula Vista are selected. All infrastructure improvement projects are required to comply with the City's Mandatory RecvclinQ and Construction Demolition Debris CVMC 8.25.095. - New Eucalyptus Park Right of Way & Park Entrance Accessibility Improvements ($200,222): CDBG-R funding will be used to install needed accessibility improvements (i.e. sidewalk, pedestrian ramps,etc.) on the south side of "C" Street, between Fourth and Fifth Avenues, in order to complete the pedestrian access route (PAR) along a city park frontage between Fourth and Fifth Avenues and to provide Americans with Disabilities Act-compliant access from the PAR to the park's entry points. (5) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contacfinformation) New: ADA Curb Ramps CDBG-R, Eucalyptus Park Right of Way & Park Entrance Accessibility Improvements Contact: Jose A. Dorado, Project Coordinator City of Chula Vista Redevelopment and Housing 276 4`~ Avenue Chula Vista, CA 91910 T: 619-476-5375 F: 619-585-5698 2-8 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 12 calendar days for public comment. Response: City of Chula is undertaking two new activities. Reasonable notice is being provided for the public to comment on this proposed substantial amendment to the 2008/2009 Action Plan. A Public Notice for comments on the substantial amendment is being published in summary form in the Star News, the newspaper of general circulation for Chula Vista, on March 11, 2011 through March 23, 2011. 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. C. AUTHORIZED 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, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) Signature/Authorized Official City Manager Title Date 4 2-9 CDBG-R Substantial Amendment Grantee Checklist 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: 619-476-5375 Fax: 619-585-5698 Email: Idoradona ci.chula-vista.ca.us The elements in the substantial amendment required for the CDBG recovery funds are: A. SPREADS9EETFORREPORTINGPROPOSEDCDBGRACTIVITIES 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: 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 2-10 B. CDBG-R INFOR~DIATION BYACTIV/TY 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) 22=3 • projected number of jobs created for each activity, Yes® No^ Verification found on page(s) 22=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) 2=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. PURL/C 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. CERTIFLCATIONS 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® Yes® No^ No^ (4) (5) Anti-lobbying Authority of jurisdiction Yes® No^ (~ Consistency with plan Yes® Yes® No^ No^ (7) Section 3 6 2-11 (8) Community development plan Yes Yes ® ® No No ^ ^ (9) Following a plan Yes ® No ^ (10) Use of Funds Yes ® No ^ (11) Excessive Force (12) Compliance with anti-discrimination laws Yes ® No ^ (13) Lead-based paint procedures Yes Yes ® ® No No ^ ^ (14) Compliance with laws Yes ® No ^ (IS) Compliance with ARRA Yes ® No ^ (16) Project selection (17) Timeliness of infrastructure investments Yes ® No ^ (18) Buy American provision Yes Yes t t i ® ® No No ^ ^ men s nves (19) Appropriate use of funds for infrastructure Yes ® No ^ (20) 70% of CDBG-R for LMI Optional Certiftcation (21)UrgentNeed Yes^ No® D. STATE CERTIFICATIONS NOTAPPLICABLE The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes Yes ^ ^ No No ^ ^ (2) Anti-displacement and relocation plan Yeg ^ 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 (8) Community development plan Yes ^ No ^ (9) Consultation with Local Governments. Yes Yes ^ ^ No No ^ ^ (10) Use of Funds Yes ^ No ^ (11) Excessive Force (12) Compliance with anti-discrimination laws Yes ^ No ^ (13) Compliance with laws Yes Yes ^ ^ No No ^ ^ (14) Compliance with ARRA Yes ^ No ^ (15)Projectselection Yes ^ No ^ (16) Timeliness of infrastructure investments Yes i ^ No ^ on (17) Buy American provis (18) Appropriate use of funds for infrastructure investments Yes ^ No d (19) 70% of CDBG-R for LMI Yes ^ No Optional Certification Yes ^ No ^ (20) Urgent Need 2-12 CDBG-R Activity Data Spreadsheet N I J w Jurisdiction/Grante e Name: City of Chula Vista CDBG-R Fomula Grant Amount: $ 536,132 Date: 3.11.20 11 Design and installation of Americans with Disabilities Act (ADA) curb ramps in CDBG eligible low and moderate 570.208 (a)(1) income census tracts. The ramp Activities locations have been selected in Benefiting Low- accordance with the City's ADA Curb and Moderate Cut Priority List, which was adopted by 570.201(C) Income ADA Curb Cut City Council in February 2008 to Public Persons-Area Project update the City's ADA Transition Plan. Improvements benefit $ 200,222 $ - $ 200,222 Accessibility improvements (i.e. sidewalk, pedestrian ramps, etc.) along the south side of C Street, between 570.206 (a)(1) Fourth and Fifth Avenues, in order to Activities Eucalyptus Park complete the pedestrian access route Benefiting Low- Right of Way and (PAR) along a City park frontage and Moderate Park Entrance between Fourth and Fifth Avenues and Income Improvement to provide American's with Disabilities 570.201 (c) Persons- Accessibility Act-compliant access from the PAR to Public Limited Improvements the park's entry points. Improvements Clientele $ 175,000 $0 $0 $ 175,000 $375,222 $0 $0 375,222 Attachment 1 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 Glen R. Googins City Attorney Dated: 3/3 °~`~ APPROVAL OF A CONTRACT AMENDMENT WITH FAMILY HEALTH CENTERS OF SAN DIEGO 2-14 Attachment 2 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FAMILY HEALTH CENTERS OF SAN DIEGO For COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT-RECOVERY ACT CHULA VISTA FAMILY HEALTH CENTER FACILITY EXPANSION RECITALS A. The City of Chula Vista ("City") and Family Health Centers of San Diego ("Contractor") (collectively, the "Parties") entered into an initial agreement, dated August 17, 2010, for a Community Development Block Grant Recovery Act (CDBG-R) Chula Vista Family Health Center Facility Expansion project (collectively and hereinafter the "Agreement"). B. Pursuant to that Agreement, Contractor agreed to complete facility improvements at 251 Landis Chula Vista, CA 91910 in accordance with CDGB-R requirements. C. The City amended its 2008-2009 Annual Action Plan to receive CDBG-R funds from the Department of Housing and Urban Development and allocated $120,000 to Family Health Centers of San Diego for a public facility improvement project. HUD approved the City's Action Plan amendment. HUD requires that funds be expended in a timely manner. D. Contractor, due to low bids, did not expend all the allocated funds and Contractor now wishes to use the unspent Funds on similar facility improvement projects. E. The City wishes to make programmatic changes to the Chula Vista Family Health Center Facility Expansion Scope of Work under the Agreement to permit expenditure of the unspent Funds for the completion of similar facility improvement projects and to extend the Agreement terra through June 30, 2011. F. The expenditure of the unspent funds as stated herein for facility improvements will be a benefit to low- and moderate- income persons. AGREEMENT The Parties agree as follows: 1. The Recitals stated above are true and correct. 2. This First Amendment is contingent on the City appropriating the necessary funds to continue the CDBG-R funds. 2-15 This First Amendment shall be effective on the later of the following dates: (i) execution of this First Amendment by the City; or (ii) satisfaction of the contingencies set forth in paragraph 1, above. 4. The Agreement shall be amended as follows: A. Prior versions of "the Scope of Work Attachment A" are hereby replaced by the "Amended Attachment A," attached to this First Amendment to the Agreement as Attachment 2. B. The following term is also added to the Agreement: Additional Services. In addition to performing the services detailed in the Scope of Work, as amended herein, City, through its City Manager or his designee, may require Contractor to perform additional services related to the Scope of Work, as amended herein, (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor may perform same under terms set forth in subsequent contract amendments, as agreed upon by the parties. C. The term of the Agreement is extended to June 30, 2011. 4. All other terms of the Agreement shall remain in full force and effect. However, if a conflict exists between the terms in this First Amendment and prior terms, the terms in this First Amendment shall control. (Signature page to follow.) 2-16 SIGNATURE PAGE To F[RST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FAMILY HEALTH CENTERS OF SAN DIEGO COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT-RECOVERY ACT CHULA VISTA FAMILY HEALTH CENTER FACILITY EXPANSION IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement indicating that they have read and understood the First Amendment and indicate their full and complete consent to its terms: Dated: , 2011 City of Chula Vista by: James D. Sandoval, City Manager Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney Dated: Family Health Centers of San Diego Fran Butler-Cohen, Chief Executive Officer Attachments: 1. Agreement between the City of Chula Vista and Family Health Centers of San Diego dated August 17, 2010. 2. Amended "Scope of Work Attachment A," consisting of updated Scope of Work for the Community Development Block Grant-Recovery Act project at the Chula Vista Family Health Center. 2-~~ Attachment 1 t~ t•i~ ~~il~~. CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMi+;NT BLOCK GRANT PROJECT FAMILY CENTERS OF SAN DIEGO CHULA VISTA. FAMILY HEALTH CENTER FACILITY EXPANSION This contract numbered 856 is entered into by and between Family Health Cemers of San Diego ("Coiih-actor") and the City of Chula Vista ("City") on August 17, 201ti ("Effecfive Date") for the pw•pose of leaving Sub-recipient implement and perform work on the Organization-Project 2010- 2017. as set forth herein and in the incorporated doctunents 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 taw on February ] 7th, 2004. The Recovery Act appropriated $l billion in GanmunityDevelopment .Block Grant (CDBG) fundingto states and local governments to carry out, on an expedited basis, eligible activities under the CDBG program. This grant progl•am 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 `t1" hereof (hereinafter refen•ed to as the "['roject") into the City's Cotmnunity DevelopmentBlock Grant/HOME Investment PartnershiplEmergency Shelter Grant Substantial Amendment to the 2008- 2009 Annual Funding Plan which was submitted to the U.S. Department of Housing and Urbait Det~lopment (HUD); WHEREAS, HUD has approved the pity's Substantial Amendment to fete 2008-2009 Annual Funding Plan for Community`Development Block Grant Recovery Aet funds; WHEREA5y it is the desire. of the Contractor and the Cite that the Project be implemented by the Contractor; WHEREAS,. the Contractor shall.. undet•take 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 Contractorsand included in all contracts and subcontracts related to the CDBG-R funds; and WIIEREAS, Contractor warrants and represents that they are experienced and- staffed in a manner 2010-201 I CD6G Conlrncl Page 1 of 20 2-18 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 Conu•acta• do hereby mutually agree as follows: All of the Recitals above are]tereby incorporated into this Agreement, ARTICLE L CONTRACTOR OBLIGATIONS A. General. Work to be Performed. Contractor shall implement the scope ofwork ("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 catty 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 for[b herein. Contractor shall also undertake the same obligations to tfie City that the City has undertaken to HUD pursuant to said Annual Funding Planand Certifcations. 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 tune: a. Tlie Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC § 5301, et seq.); b. HUD regulations relating to Connnunity DevelopmentBlock Grants (24 CFR 570:1, et seg.); c. The regulations in 24 CFR Part 58 specifying other provisions of the lawthat fitrther the purposes ofthe Nationa] Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their euvironmenta] responsibilities, d. Title ~1 of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIIt ofthe Civil Rights Act of 1965 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of the Housing and Community DevelopmenfActof 1974; Executive Order l 1246, as amended (equal ernplnymentoppprtunity); Executive Order 11063 (non-diserim'nration), 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 ttie Housing. and Urban Development .Act of 196$, as amended, 12 U.S.C 1701u. All section. 3 covered conn•acts shat( include the following clause (referred to as the "section 3 clause"): The work to be performed under this contract is subject to the 1 CDBG Contract. Page 2 of 20 2-19 requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.G 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 bysection 3, shall, to the greatest extent feasible, be directed to low- and. very ]ow-income persons, particularly persons who are recipients of HUD assistance for housing. ii, The paz4ies to this confractagree fo comply with IgiJD's regulations in 24 CFR. part 135, ~i~hictr implement section 3. As evidenced by their execution of this: contract, the parties to this conhact certify that they are under no contractual m• other impediment that would prevent them from complying with the part 135 regulations. iii. The Contractor agrees to send to each labor organization or representativeofworkers with which the Sub-recipient has a collective bargaining-agreement or other understanding, ff any, a notice advising the labor orgairfzatfon 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 sef fazth minimum number and .job titles. subject to hive, availability of apprenticeship and traiiing positions, the qualifications far each; and the name and location of the petson(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 subconh'actsubject tocompliance with regulations in 24 CFR part 135, and agi'ees to take appropriate action, as provided in an applicable provision of the subcontract or in this. section 3 clause, upon a finding drat the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractorwill not subcontract with any sub-conhactor where theeontractor 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 Cozttractor's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanetipns; termination. of this conU•act for default, and debarment or suspension from future HUD assisted contracts. zoio-zor r CDSC Cos,rracr Page 3 of 20 2-20 vii.. With respect to work performed in connection with section 4 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education. Assistance Act (25 U.S,C 450e) alsd 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 givento Indian organizations and Indian-owned EconomicEnterprises. Parties to this contractthat 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, e! seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget. ("OMB") Circular A-122. entitled "Cost Principles. forNon-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-ProfiTOrganizations' ;and OMB Circular A- 110. entitled "Uniform Administrative Requirement for Grants and Agreements with institutions of higher Education, Hospitals,. and Other Non-Profit Organizations;' h. Grant administration requirements as described. in 24 CFR 570:509, which requires Contractor to return any program income canted by Contractor in carrying out tfe activities of this contract to the City.. Upon expiration of this contract, Contractor shall mansfer 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 $25,000 will either be: i. Used to meet ane of the C;DBG National Objectives, as defined in 24 CFR 570.20$, 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 marketvalue of the property less any portion of the value attributable to expenditures ofnon-Community Development Block Grant funds for acquisitionof, or improvementto; 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 subjectto all applicable Community Development Block grant Program. eligibility requirements, 24 CFR 570.4$9, and provisions of this conU act; 2010-2011 CDBG Contract Page 4 of 20 2-21 i. 24 GFIt 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places:. National Historic Preservation Act of t 966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order .11393; 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 (S U.S.C. § 1501, et sey.); n. The Flood Disaster Protection Act of 1973 (42 U.S:C. § 4001, et set;, and. the implementing regulations in 44 CFR Parts 59-78); o: The Rehabiiifation Act of 1973 (Public Law93-I 12) as amended, including Section 504 which. relatesto nondiscrimination in federal programs and HUD 24 CFRPart 8; p: The Clean Air Aet (42 U.S.C. § 7401, eY sec7.) and the Federal Water. Pollutiott Control Act, as amended (33 U.S.C: § 1251, e7 seg) and. the regulations adopted pursuant thereto (40 CFR Part G); q. The Drug-Free Workplace Act of1188 (Public Law 100-690); r. T}te Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992,.. and implementing regulations at 24 CFR f art 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 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 subconh•act, or the process thereof,. for work to be performed in connection with the program assisted under the Gt~t?t, and that it shall incorporate, ar cause to be incorpa•ated, in alt such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; The Contractor certifies, that iti accordance with Section 319 ofPublic Law ] 01-121, 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. mtdersigned, 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 28t0-2011 CDBGContract Page 5 of 20 2-22 federal contract, the making of any federal grant, the making of any federal loan, the entering into of any caoperative contract, and the extension, continuation, renewals, amendment, orntodifications of any federal contract,. grant loam, or cooperative connact. it. if any funds other Utan federal appropriated funds have been paid or will bepaid to any personfor influencing or attempting to influence an ijfficerror employee of any agency, a member of Congress, or an employee of a member of Congress in connection with'this federal cottract, giant, 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. § 4] 51, of seq:); v. The Americans with Disabilities Act {42 U.S.C;. § 12141); w. The bonding requirements described in24 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 1)). These requirements are further described in hisurance Requirements, which. is attached hereto arid incorporated by reference; x : Prior to award of any contracts oFSUbconiracts, City and Contractor shall verify that conuactoi or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentationofsucheligibilityshallbemaiutainedintheprojectfiles y. All grantees, sub-recipients and contractors desiring to participate in the CDBG-R program mpst obtain a Data. Universal Numbering System (DUNS) number. A DUNS number may be- requested via the web at: http:!/www.grants.gov/applicants/request_duns_number.jsp. TitleXV, Section 1512 of the Recovery Act. states drat funding recipients that are required to reporrt information per subsection (c)(4j of the Recovery Act (deCailed 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 complywith acrd makegood faith and reasonable efforts to carry out the purposes ofExecutive 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 ] 2138. related to participation in federal programs by \tlomen's Business Enterprises 1 CDBG Cantracr Page G of 20 2-23 (~~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 partof the Sub-recipient to comply with the requirements of any such obligation. 13. Compliance ~r~itlt 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. lnsurance. Contractor agrees to comply with the insurance requirements as set forth below: I, General.. Contractor mustptocureandmaintain,duringtheperiodofperformanceofths 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 Scope of Insurance. Coverage must be at ]east as broad as: (a) CGL. Insurance Services Office. Commercial General Liability coverage. {occurrence Form CG0001} (b) Arrto. Insurance Services Office Fonn Number CA 0001 covering Automobile Liability, Code 1 (anyauto). (c) NBC. Workers' Compensation insurance as required. bythe State of California and Employer's Liability Insurance. (dj E&Q. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects" and Engineers' coverage is to be endorsed Ya include contractual liability. 3, Minimum Limits of lnsurance: Sub-recipient must maintain limits no less than those included in the table below: r. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including (including death), and property damage. If Commercial General. operations, Liability nsrrance with a general aggregate limit is used, either products and 'tfie general aggregate limit must apply separately to this completed projectllocation or the general aggregate limit must be twice the operations, as required occurrence limit. 2010-2011 CDBG Contmcf Page 7 of 20 2-24 ii. Automobile Liability:: $1,000,000 per accident for bodily injury, including death,: and property damage. iii. Workers' Statutory Compensation $1,000,ObO each accident Employer's $1,000,000 disease-policy limit Liabili $1,000 OOO disease-each em to ee iv. Professional $1,000,000 each. occurrence Liability or Errors & Omissions Liability: 4, Deductibles and Self-Insured Retentions. Any deductibles orself-insured retentions must ise declared to and approve~3 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; orthe Sub-recipient hill provide a financial guarantee satisfactory to ttre 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) AdditionnT Insureds: City of Chula Vista, its officers, officiate, 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 byor on behalf of the Contractor; where applicable, and,:. with respect to liability arising out ofwork or operations performed by or on behalfoftheConhactor, including providing materials, parts or equipment furnished in connection with. such work a• 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 (11185) of its equivalent. Specifically, the endorsetrtenfmustnnt exclude ProductslCompleted Operations coverage. (b) Priinmy Instrrnnce. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, :its officers, officials, employees, agents, andvolunteers. Any insurance orself-insurance maintained by the City, its officers, officials, employees, oe 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) Cancelln~ion. 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 maiLsuch notice shall impose no obligation. 201.0-201 I CDSG Contract Page 8 of 20 2-25 or Iiability of any kind upon the company, its agents,.or representatives" shall be deleted from all certificates. (d) Aclii>eNeglgence. 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) Wuiuer of Subrogation, Contractor insurer will provide a Waiver of Subrogation in favor of the City foreach required policy providing coverage for the teen 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: (a) Reh•n Dnte. The "Retro Date" musf be shown, and must. be before the date of the contract or the beginning of the contract work. (b) Mnintenmtce mtd 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 nona•enewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Sub-recipient must pw~chase "extended reporting" coverage for a minmwn of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the Ciky for review:. 7. Acceptability ofIi~surers.lnsurance is to be placed withlicensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less thanA V. Ifnsurance is placed with a surplus lines insw~e~, insurer must be listed an the State of California List ofEligible Sw-plus Lines Lisurers ("LESLI") with a cwrent 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 acid 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. Subcoittiactors. Contractor mustiucludeallsabconnactorsasinsuredsunderitspolicies 2010-2Q11 Page 9 of 20 2-26 or furnish separate certificates and endorsements for each subcontractor: All coverage for subcontractors is sttbject to all of the requircments included in these specifications. 10. Not a Limitation of iJther C1bli ate ions. Insurance provisions under this Article shall not be construed to limittlie Consultant's obligations under this contract; including Indemnity. 11. Bondinfr Requirements. As stated in Section A(1)(w), prier to commencement of rehabilitation,Developershal[ file tivith the City on the approved forms, the surety bonds in the anxounts and' for the purposes noted below, The surety must possess a minimum rating from A.M. Best Company of A-VII. and be listed as au acceptable sw•ety on federaP bonds by the United States Department of the "Treasury. Developer shall pay all premiums and costs thereof and incidental thereto, as security for payment ofpersons named. in California Civil Code Section 3181 or amounts due under Unemployment Insurance Code with respect to Work or Labor performed by anysuch claimant. All. alterations, time extensions, extra and additionalwork, acid other changes authorized. by the Specifications,. or any part of the Contract, may be made without securing consent of the surety or sureties on the contract bonds. Lerch bond shalt be signed by both Developer and. the sureties: Should any surety or sureties be deemed unsatisfactory at any time by the City; notice will be given Developerto that effect, and Developer sha13 forthwith. substitute a new surety or sureties satisfactory to the Developer. No further payment shall be deemed due or will be made under the Contract until the new sureties qualify and are accepted by the City. i. A bid guaranee from each bidder equivalent to five percent of the. bid price. The "bid guarantee" shall consist of a firm cornrniiment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance. of his bid, execute such contractual docurirents as may be required within the time specified.. ii. A performance bond on the part of the developer for 100 percent of the contract price, asdetermined ftomthe prices in the bid form, and shall insure the faithful performance by developer of all work ender the Contract.. It shall also insure the replacing of, or making acceptable, any defective materials or faultyworkmanship. iii:. A payment bond on the part of the contractor for 100 percent of the contract price, as determined frorn the prices in the bid form, and shall inure to the. benefit of persons performing labor or furnishing materials irr connection with the work of the proposed Contract. Tliis bond shall be maintained in full force and effect until all work. under the Conh•act is completed and accepted by the City, and until all claims for materials and labor have been paid. 2010-2011 CDBG Contract Page 10 of 20 2-27 ARTICLE 1L 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 ll, section A,1, above, Contractor may be reimbursed only to the extent and in the amounts. that funds have been made available ptusuant to applications fot'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 Co~ttractor 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 ofthis 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 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. lndirect Costs. if indirect costs are charged, the Contractor will develop an indirect cost allocation plan for determining the appropriate Contractor share ofadministrativeeosts and shall submit such plan to the City for approval. S. Expenditure Standard. To insure effective adininistration and performance of approved Community Development Bock Grant projects and to meet HUD performance standards, Contractor shall demonstrate reasonably progress on implementation of the project, expendhtg 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 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 pt7orty to CD$G-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 September30, 2012, to ensure that the use of CDBG-R funds is expedited. 6. Prohibited CDBG-R Expenditures. Certain speciffed activities and/or projects may not be funded with CDBG-R fiords pursuant to the Recovery Act and this includes swimming pools, golf courses, 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 foe 2010-20I1 CDBG Cartrect Page 11. of 20 2-28 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 apredorninantly higher income clientele, and general promotional activities for the grantee. Buy Ameriaan. In accordance with Section 1605 of the Recovery Act, City and. its Coutractor 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 inonitot• and certify that its sub-recipienPs 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 176.1.70. ARTICLE III. ETffiCS A. Tinanciailnteresfs of Contractor I. 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 repot•t economic interests as required by the City to the City Clerk on the required Statement of Economic Ltterests ("SEI") in such reporting categories as required by the City or the City Attot•ney; thereby becoming an "FPPC filet:" 2. No Particiaation in Decision. Regardless of whether Contractor is designated as au FPPC Filer; Contractor shall not make, ot• participate in making or in any way attempt to use Contractor's posifiou to influence a governmental decision in Which Suba•ecipient knows or has reason to know contractor has a financial interest otherthan the compcnsatiou promised by this contract: 3. Search to Determine Economic Interests.. Regardless of whethet• 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, asthe term.. is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Conn•aetar does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contr•actor's duties under this contract. 4. Promise Not to Aeauire Conflic[ine htterests. 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 FairPolitical Practices Act. Page 12 of 20 2-29 5. Duty to Advise of Conflicting Interests. Regardless of whedrer Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractorwill immediately advise the City Attorney of City if Contractor learns ofan 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. b. 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, ~r in any property within 2 radial miles froin the exterior boundaries of any property which may be the subject matterofthe Attachment A, ("Prohibited Interest"),:other than as listed mt 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 Cry of any such promise that may be made during the term of this contract, or for rivelve 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 dais contract, or for any third pasty that may be in conflict with Contractor's responsibilitiesunder this contract, except with the written permission of City. ARTICLE IV.INDEMTIIFICATION A. Defense, Indemnity, and Hotd Harmless: General Requirement. City shall not be liable for,. and Contractor shall defend and indemnify City and itsofficers, agents, employees and vohurteers, against any and al I injury to person,. including death. and dismemberment, or property (real or personal), claims, deductibles; self-insured retentions, demands, liability, judgments; awards, fines, mechanics' liensor 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 orate in any way connected with the work covered by this contract arising either directly or indirectly from any act, error, omission or negligence of Gorttractor or its officers, employees, agents; contractors, licensees or servan[sy including without limitation, Claims caused by the concurrent act, error, omission. or negligence, whether active or passive,. of 2010-2011 CDBCi.C©atrac[ Page I3 of 20 2-30 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. Addif}oral Requirement. Conh•actor and its successors, assigns; and. guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and bald 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 incunedrn connection. with invest}gation of site conditions, orany cleanup, remedial, removal or restoration work required by any hazardous materials lawsbecause of fhe presence ofhazardous matet•ials, in the soil, ground water or soitvapors on the premises (hereinafter,. "Ptemi es"), and the release or discharge of hazardous materials by Contractor during the course of any alterat}ar or improvements ofthe Prem}ses 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 th}s section shall. also specifically cover costs incurred in responding to; (a) Hazardous materials present or suspected to be present in the so}I, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow; percolate; diffuse, or in any way move an to or under thePropet~ty following the Commencement Date; yr (c) Hazardous materials present on or under the Property as a result... of any discharge, release, dumping, spilling{acc}dental or otherwise), onto the Property daring or after the Tenn ofthis contract byany person, corporation, partnership or entity other than City. 771e foregoing environmental }»demnities shall survive the expiration or termination of the contract, any orany transferof all or anyportion of the Prem}ses, or of any interest in this contract, and shall be governed by tfie laws of the-State of California. 3. Costs of Defense and Award, Includedrn the obligations to defend indemnify and hold harmless, above, is the Contractor's obligation to defend, at Contractor' s owu 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, ofCcials, 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, eiployees; agents and/or volunteers;. for any and all legal expense and cost incurred. by each of them in connection therewith. 2010.2011. CDBC Contract Page 14 of 20 2-31 4. InsaranceProceeds. Contractor's obligation to indemnify shall notberesh-ictedtoinsurance proceeds, if any, received by the City, its directors, officials, officers, employees,. agents, and/or volunteers. S, Declarations: Contractor obligations under Article IV shall not be limited by any prior or subsequent declaration by the Conhractor: 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 ol• 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 OP CONTRACT A. Termination for Convenience. Either party may terminate this conh•act 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 doeumentsand other materials described herein{including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become Ciky's sole and exclusive property. Ifthe 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 CDBG-R 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. Conhactor 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 CDBG-R 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 sha11'be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG-R 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 anyand all claims for damages or compensation arising ender this contract except asset 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 pursuantta the City's application, and that Ciry is responsible forthe properperfonnanee ofthe Project. I£Contraetar fails to fulfill in a timely and proper manner its obl igations under this contract to undertake, conduct or perform the .Project identified in thiscontract, including any and all incorporations by reference and attachments 2010-201 I CDBG Contract Page l5 of20 2-32 hereto, or if Contractor violates. any state laws or regulations or looa[ ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions ofths contract, City shall have the. right to terminate this contract by giving at least five days written notice to Contractor ofthe effective date of termination. Even if Ciry terminates the contract, Contractor shall remain. ]fable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this contract, and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is determined.. Contractor hereby expresslywaives any and all claims for damages for compensation arising under this contract except as set. forth ih this section in the event of such termination. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractorshall rnaintainrecords 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 ava ilabla for inspection by HUD and/or City monitors and auditors during normal business hours. B. Retetrtion. The Contractor shall retain all financial records; supporting documents, statistical. records, and all other records pertinent to tite 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 all issues, or thee. expiration of the five-year period, whichever occurs later. C. Dafa: 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 ofservice provided. Such information shall be made available to City manitor•s or their designees for review upon request. D, Disclosure. 'The Contractor understands that client information collected under this contract is private and the use or disclosure of suoh 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'fhe case of a minor, that of a responsible parent/guaidian. E. Quarterly Reports/Annual Report.. Contractorshali provide the City with a quarterly report, submitted no later than 7 days afer the last day of the previous calendar quarter, in order to meet HUD's deadlinefor CDBG-R quarterly reports: HUD's due date for CDBG-R quarterly reports is I 0 days after the end of each. calendar quarter. ht 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 thatagency; (2) the amount ofrecovery funds received 2010-2011 CDBG Contract Page 16 of 20 2-33 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; aii evaluation of the completion status of the project or activity; an estimate of the number of jobs. created and the number of jobs retained by the project or activity; and for infi~astructme investments made by State and local governmenta, the purpose, total cost, and rationale of the agency for funding the infrastructure investtnent with funds made. available under the Recovery Act and name of the peison to contact at the agency if there are concerns with the infrastructure investment. As declared by HUD, failure to submit quarterlyt~eports in a timely matures will result in withholding of CDBG funds until the report has been submitted.. Additional penalties by HOD and the County may Ue imposed, as deemed appropriate. F. Due Dates. 1, Quarterly Report due dates are: on or before:- July7, October 7, January 7, and Apri17 2. Annual Reports are due:. July 15th and shall also be provided to be included in the City's Consolidated Annual Peiforrnance and Evaluation Report,. ARTICLE VIL PROJECT COMPLETION, AUDIT; AND CLOSEOUT A. Project. Completion. Within 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 auditsrequired by City. Contractor agrees that Frroject closeout vial 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 fmal payment or acknowledges that the Contractor has remitted the proper refund: The Contractor agrees that Project closeout by City does not invalidate any eonfinuing requirements imposed by the conn'act or any umnet 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 shat] give the City progress reports or other documentation as required by the City's Contract Adrnirtistrator to audit Contractor's performance ofthis contract. B. Tenn. The term ofthis contract shall start on the I7`h day ofAugust, 2l?] 0 and shall continue in effect until terminated as provided herein or until Contractor fias carried out all its' obligations corder the contract. Services of the Contractor shall start on the I Ts day of August, 2010 and end on the 28t° day of February of 2D 11. With City approval, the teimt ofthis contract and the provisions herein shall be 2010-20.11 CDBG Contract Page 17 0(20 2-34 extended to cover auy additional time period during which the. Contractor retrains in control of CDBG funds or otherCDBG 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 shah not be responsible far any obligations qr liabilities to any third party, including its agents, employees, subcontractors, orother person or entity that is not a patty to ti»s contract. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract; qr third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. Nd suit or arbitration shall be brought arisinb 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 134 of theChula 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.. llpon 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 contact. F: Attorney's Fees. Should a dispute arising out ofths contract result in litigation, it is agreed that the prevailing party shall be entitled to a judgmentagainst the other for anarnount equal to reasonable attorney's fees and. court costs incurred. The "prevailing party" steal[ be deemed to be tfie patty who is awarded. substantially the relief squght. G. Capacity of Parties. Each signatory and party heretb hereby warrants and represents to the other patty 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 takett so as to enable iC to enter into Utis 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 lgeated ilt San Diego County, State of California, and if applicable, the Gity 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 itsduties underthe contract if Contractor is subsequently foundxo have violafed 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 cnnh-act. 2010-2011 CDBG Contract Page 18 of 20 2-35 J, Precedence, This contract constitutes the entire agi~eernent of the parties and. supersedesatiy 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 ofiuttdng. Contractor shall identify the Cityof Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcemetits 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, ht addition, Contractor agrees that the City shall be apprised of any special events oinked to the Project so that a review can be made on what role, if any, the Gitywould assume. L. No Waiver. No failure, inaction, neglect or delay by City iii exercising any of its rights raider .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: Family Heahh Cetiters of San Diego Chief Executive Officer 823 Gateway Center Way San Diego, CA 921 Q2-4541 City; City of Chula Vista Housing Manager 27fi Fourth Avenue Chula Vista, CA 91910 (Signature page to follow.) 2010-201 l CDI3G Contract Page 19 of 20 2-36 SIGi\ATURE PAGE IN WITNESS WHEREOF, the Consultant and City have executed this contract as of the date first rvritten above. CITY OF CHI7LA VISTA City of Chula Vista APPROVED AS TO FORM ~~1 Bart Miesfeld City Attorney ATTEIST Donna Norris City Clerk Famih~ Health Centers of San Diego Officer 2010-2011 CDBG Cotttrac[ Page 20 of 20 2-37 ATTACHMENT A "SCOPE OF WORK AND BUDGET" FamilY73ealth Centers of San Diceo (Contractor) has a certain project. to be implemented with Commtmity Development Block Grant (CDBG-}2) Program funds. The work to be accomplished includes the following: 1. lntproventents. Contractor shall complete needed facility improvements atthe-Chula Vista Family Health Center at 251 Landis Avenue Chula Vista, CA 91410 to expand the interior area by 583 square feet to include: Interior Exam Room Conversion:: Two existing offices will be converted to Exam Booms by means of installation of existing upper & lower cabinets (stored onsite), including the sink, faucet; and associated items to provide a complete installation.. The HVAC, electrical and plumbing rough in work was completed with the original clinic construction. The sink, faucet, and. associated items, which are to be installed in the cabinetry, were previously stored onste'as well.. Exam Roam New Construction; Construction of Four (4) new rooms, which will include the applicable items Iisted below. Two (2) of these rooms will be initially used. as office space and, in the future, as exam rooms.. The two (2) remaining new rooms will be used as exam rooms. Storage Room New Construction: Construction of one (I) new storage room, which will. include the applicable items listed below, Cabinetry; In two (2) of the new exam :rooms install 60" wide upper cabinets & lower base cabinetry with a countertop. The cabinetry configuration and finishes will match the exam rooms in the existing clinic. There will be two (2) additional complete upper & lower cabinetry configurations to match the exam room cabinetry constructed and stored onsfte for future installatfar in the two (2) new offices referenced above. Door,,Frame, & Hardware; Install four (4) new 3070 paint grade dooLS, Timely knock down frame, and hardware to match the exam room doors in the existing clinic. All new doors will be completely primed and painted'. The door, frame, and hardware to the new storage roam will be relocated and reinstalled from the storage room that is being removed to provide the hallway access to the new offices/exam rooms. Dtytvall:New drywall is to be installed at the newly framed metal stud partitions in each of the new exam rooms and the new sta•age room. All new drywall will be completely printed and painted. Ceiling: New 2x4. lay in the ceiling is to be .installed in each of the four {4) new exam rooms. Type of lay in file and ceiling height will match the existing clinic. Flooring: New flooring consisting of vinyl file to match the existing clinic will be installed fhroughout the units. New baseboard molding will be installed in each new exam room to match the existing clinic. There will be no flooring in the new storage room. Provide transition from the new floor tfle in the hallway to the concrete floor in the storage room. Plumbing: The ttvo (2) new exam rooms referenced above shall. have complete supply, waste, and vent piping installed for. the exam room sink, faucet, and associated items. The two (2} offices referenced above shaft have the plumbing supply,. waste; and vent piping. rouglred in for futm~e sink, faucet, and associated 2010-2011 CDBG Contract Attachment "A" -Scope of Notk and Budget 2-38 items installation: I/lectrical Power: The electrical system will be checked in its entirety.. One (I) new GFI electrical receptacle will be installed in each new exam mom above each base cabinet. Three (3} new electrical receptacles will be installed in each exam room, one on each wall that does not include The cabinetry. )electrical Taghtng: The electrical lighting system will be checked in its entirety. One (l) new 2x4 lay in lighYfixture will be installed in each new exam morn.. Light fixture type shall match the existing clinic. In the new storage room„ install two (2) new 1x4 surface mounted light fixture with security cage. HVAC: The HVAC system will be checked in its entirety. Install in each of the four (4j exam rooms and tiie new storage room a 2x4. supply air diffuser and a 2x4 return air diffuser. The HVAC system then shall be balanced for maximum efficiency. CDBG Funding shall only be far the facility improvements. CDBG funding will not be used to purchase equipment or furniture.. Any remaining funds may be used to instal[ an Americans tisith Disabilities Act compliant 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 reve4v 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 acid Reinvestment Act of 2009 (Recovery Act) project that includes local, Federal, and State requirements, including obtaining the necessary City of Chula. Vista buildingpermitsaud business license.. The applicable Davis-Bacon decision rate shall be included in the bid package. a. Davis Bacon and Related Acts Requirements: Connractor shall implement the construction projectin accordance with Davis Bacon prevailing wage r-equiiements for federally assisted construction projects, as set forth in Exhibit A ("Making Davis Bacon") to this conu•act and in accordance with. HUD Handbook 1.344.1 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 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 Federallyassistedconsuvctionprojects. Family Health Centers of San Diego's selected Contractor may use the Deparmlent of Labor's WH-347 payroll form or any atfter type of payroll form that contains alt the information required on the WH-347 form, • Contractor wil(conduct compliance reviews ofdre project by conducting employee interviews documented. an HUD-Ll Fotm as required 6y Davis Bacon and Related Acts. • Include HUD fora 40] 0 in all bid documents and. contract • Incorporate contract clauses found in 24CFRPart84andAppeudix"A"UniformAdministrative Requirements far Grant Agreements-with Institutions of Higher Education,. Hospitals, or other 2010-2011 Clltiti Contract Attachment "A" - Scopeof 1Vork and Budget 2-39 Non-Proftt Organizations into bid packages. 3. Estimated Time Schedule. Contractor will make all good faith and reasonable efforts to implement the project incompliance with the following estimated implernentatioit schedule, or earlier: a= Project Completion: November 30, 2010 4. Budget. Contractar shall make all good faith and reasonable efforts to complete the work under this contract within the following estimated budget. 1n no case shall Contractor be entitled to, nor shall City reimburse Stib- recipient,more tfiait $120,000 for work performed under this contract. The Estimated Budget shall be apportioned and expended in accordance vvith the table below, which was the budget submitted in support of the grant funding this project: Line Item Budget Amount Demoh'tion $3,940:00 Millwork $8 360.00 Insulation $I,DS0.00 Doors and Windows $6 250.00 Fratnin l wall $10483..00 Floorin $3,969.00 Ceilin s $3,018.00 Paintin $3,765.00 HVAC $122D8.00 Plumbin $14,260-00 Elech~cal $6,4GI.00 Fees and Insurance. $10,704.00 Supervision and Conlin e{rcies $35,532-00 TotalPro ectCOSts $120,000.00* *FHCSD shall provide project managcmcnt and oversight as an in-kind contribution tothe proiccl, Recognizing. that the Estimated Budget is solely an estimate and ininor changes may need to be made in funding allocation withha the Estimated Budget, Contractor may reallocate. funds within the Estimated Budget to cover the costs of items for the project as described above. Suclrreallocations may be subject to City review and approval, in the City's sole and unfettered discretion. However, in no event may the overalt budget exceed $120,000.00 5. Additional Reporting Requirements.: Contractor shall submit to City in a timely manner other reports as requestedlrequi~ed by HUD and/or the City foi• 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 andlor the City, information necessary to prepare such reports. 2010-201 l (:DH V Cmrtract Attachment "A"-Scope of work and Budget 2-40 Contractor shall document all clients served to ensure that at least ST percent of those served are at or below $0 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 3Q`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 $ is a sample form to assist the Contactor in meeting this repotting 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 incutred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of the contract. The balance due shat l'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 thet~eof The t ll% retention will not apply to acquisition or service contracts: 7. Mmtitoring. Contractor records and the project site shall be monitored forcompliance with the project scope of work anti all federal program requirements. Monitoring fihding andlor 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 ensw•e that timely corrective action is taken. 2(71 U-2~ 1 l CllriU wn[racc Attachment "A" - Scope of Work and Budget 2-41 A'I'TACHiVi>/NT "13" 2010 San Diego Irtcotne Limits & Self Certification Form Median Income: $75,SOD HH of 1: $ • • 16,500 $ s • 27,500 $ • • 44,000 HHof2:: $ 18,850 $ 31,400 $ 50,250 HH of 3: $ 21,200 $ 35;350 $ 56,550 HH bf 4: $ 23,550 $ 39;250 $ 62,800 HH of 5: $ 25,450 $ 42,400 $ 67,850 • HH of 8: $ 27,350 $ 45,550 $ 72,850 HH of 7: $ 29,250 $ 48,700 $ 77,900 HH of 8; $ 31,100 $ 51,850 $ 82,900' ATTACHMENT B 2010-2011 CDBGAgreement Attachment "B" -Income limits Self Certification Statement 2-42 Self Certification Form - 2010 {effective 0511 B/2010 CITY OF CHULA VISTA CDBG Program Information on annual family income and race is required to determine eligibility for public services funded with federal CommunityDevelopment Block Grant {CDBG) funds. Each participant must indicate the number of personsin their household, and then CHECK THE BOX that contains the amount of annual family income. WCOME is defined as the total annual dross income of all family and non-family members 18+ years old living withih 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 yourTncome Range {using Part 5) teased on your Family Size (forexample if there are 5 people in your household, go to HH of 5; If there are8 or more In your household go to HH of HH of 1 ^ $D - $16,500 ^ $16;501 - $27;500 ^ $27,501 - $44,000 ^ $44,001+ HH of 2: ^ $0 - $18,850 ^ $18,851 - $31,400 ^ $31,401 - $50,250 ^ $50,251+ HH of 3i ^$0 - $21,200 ^ $21,201 - $35,350 ^ $35,351 - $56,500 ^ $56,501+ HH of 4; ^$D - $23,550 ^ $23,551 - $39,250 ^ $39,251 - $62,800 ^$62,801+ HH of 5; ^$0 - $25,450 ^ $25,451 - $42,400 ^ $42,409 - $67,650 ^$67,851+ HH of 5: ^ $0 _ $27,350 ^$27,351 - $45,550 ^ $45,551 - $72,650 ^$72;851+ HH of 7i ^ $0 - $29,250 ^ $29,251 - $48,7D0 ^ $413,701 - $77,900 ^$77,901+ HH of 8: ^ $0 -$31,'100 ^ $31,101 -$51,850 ^ $51..,851 - $82,900 ^$82,901+ AMI Level ^30% ^31%-50% ^51°!°-8D% ^ over 80% Please check your Ethnicity (pick 1 of 2)[ ^ Hispanic or ^ Non-Hisperiic Phase check your Race (pick 1 of 10 choices): ^ White ^ Asian & White ^ Native Hawaiian or Other Pacific Islander ^ Black/African American 8 White ^ Asian Does your family have a FEMALE HEAD OF HOUSEHOLD? Program or Activity ^ Black or African American. ^ American Indian or Alaskan Native ^ Other ^ American'IhdianlAlaskan Native & White ^ American. Indian/Alaskan Native 8 Black ^ Yes ^ No Dates of Participation APPLICANT STATEMENT: f 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 8 Urban Developmeht. 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 wilfingly 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 2-43 2010-2011. CDBG Agreement Attachment "H" -Income Limits Self Certification Statement ATTACHMENT C \.r~'r ~~ CHUTA VISfA Disclosm•e Statement*** Pursuant to City Council Policy 101.-01, prior to any action on a matter that requires discretionary action by the City Council, Plamaing Commission or other official. legislative body of the City, a statement of disclosure of certain ownerships; financial interests; payments; and campaign. conriibutions must be filed. Tire following information must be disclosed: 1. List the manes of all. persons having a financial interest in the project that is the subject of the application, project or contract {e.g., owner, applicant, contractoi`; subcontractor, material supplier). Family Health Centers of San Diego 2. If any person* identified in section l.. above. is a corporation or partnership,. list the names of all individuals with an investment of $2000 or nrore in the business {corporatiora/partnership) entity. 3. If any. persons identified. in section 1, above is a non-profit organization or trust,. list the names of any pel5on who is the director of the non-profit organization. or the names of the trustee, beneficiary and tnastor of the trust. 4. Board of Directors list provided with initial application 5. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you. have authorized to represent you before the City in this mattes: Jennette Lawrence Ton;~e los Santos Fran Rntler_('~hen Thomas Fountaine Brian Tisher 276 Fourth Avenue I Chula Vista ( Califonria I 91910 {619) 585-5722 2-44 ~~.~: ~~ CHUlA VISrA Disclosure Statementx*'TM Disclosure Statement-Page 2 6. Has .any person* idenfified 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 mouths? Yes_ Nn X_ If Yes; briefly describe the nature of the financial interest the official** may have in this contract. 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_X_ Yes_ If yes, which Council member? 7. Has any person* identified in 1., 2, 3., or 4:, above, or othervise associated wiYlx this conhact, project or applicatimi, provided more than $420 (or a~x item of equivalent value) to aix official** of the City of Chula Vista in tlxe past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or disccsunt in the price of anything of value, money to retire a legal debt, gift, loan,. etc.) Yes No_X_ If Yes, which official**' and what was the nature of item provided? 8. Has anyperson* identified in 1., 2., 3_, or 4., above, or otherwise associated with this contract, project oi• 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 X 276 Fourth Avenue I Chula Vista ( California. I 91910 (619) 585-5722 2-45 ~tvi -.~.: CTIY OF CHUTA VISTA- Disclosure Statement**x If Yes, identify the official" "and the nature of the income provided? Dater September 2, 2010 * Person. is defined as: any individual, fitin, co-partnership, joint venture,, association, social club, fiaternal organization, corporation, estate, riust, 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 litnitcd to: Mayor; Cortncil member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staffnrembers. *"* This Disclosure Statement must be completed at the time the project application; or contract, is submitted to City staff fot• processing,. and updated within one week prior to consideiakioi by the legislative body Last Updated: September S, 2009 276 Fourth Avenue. I Chula Vista I California 91910 ~ ~si9) sss-s~22 2-46 Print or type name of Contractor/Applicant Attachment 2 r~ ~"`"` ~~"tGNlNCro.T ATTACHMENT A "SCOPE OF WORK AND BUDGET" COMPLETE Family Health Centers of San Dieeo (Contractor) 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 to expand the interior area by 1,402 (640 + 762) square feet to include the following: Interior Exam Room Conversion: Six (2+4) existing offices, will be converted to Exam Rooms by means of installation of existing upper & lower cabinets (stored onsite), including the sink, faucet, and associated items to provide a complete installation. The HVAC, electrical and plumbing rough in work was completed with the original clinic construction. The sink, faucet, and associated items, which are to be installed in the cabinetry, were previously stored onsite as well. Exam Room New Construction: Construction of four (4) new exam rooms which will include the applicable items listed below. Construct New 1 Hour Rated Wall: Construct new 1 hour rated wall as per UL-419. See attached plans for details. Waiting Room Expansion: Construction of a 198 square foot expansion to the existing waiting room. Storage Room New Construction: Construction of one (1) new storage room which will include the applicable items listed below. Office New Construction: Construction of six (6) new offices. Storage Room New Construction: Construction of one (1) new storage room. Corridor New Construction: Construction of one (1) new non-rated corridor which will provide access to the areas listed in the new work. New construction referenced above shall include the applicable items listed below: Cabinetry: Four (4) complete upper & lower cabinetry configurations will be constructed and installed. Door, Frame, & Hardware: Install twelve (4+8) new 3070 paint grade doors, Timely knock 2-47 down frame, and hardware to match the doors & frames in the existing clinic. All new doors will be completely primed and painted.. The door, frame, and hardware to the new storage room will be relocated and reinstalled from the storage room that is being removed to provide the hallway access to the new offices/exam rooms. Install two (2) new 3070 steel doors, utilizing existing frame, at the rear corridor exit. One door will be welded shut, see attached plans and provide panic type hardware on the other door. Hardware schedule is included in the RFP. Drywall: New drywall is to be installed at the newly framed metal stud partitions in each of the new offices, exam rooms, new corridor, waiting room expansion, and the new storage room. Finish walls to level 4. All new drywall will be completely primed and painted as per the finish plan and schedule included in the plans. Ceiling: New 2x4 lay in the ceiling is to be installed in each of the new offices, exam rooms, corridor, waiting room expansion, and the new storage room. Type of lay in the and ceiling height will match the existing clinic as per scheduled on the plans. Floor Slab Repair: The existing crack in the concrete floor slab shall be completely repaired and the floor slab shall be adequately prepazed for installation of new flooring. Flooring: New flooring in the exam rooms, waiting room expansion, corridor, and storeroom shall consist of vinyl the which will be installed to match the existing clinic. New flooring at the new offices shall consist of carpeting which will be installed to match the existing clinic. New baseboard molding will be installed in each of the new exam rooms, offices, corridor, waiting room expansion, and the new storage room to match the existing clinic. Provide transition from the new floor the in the new corridor to the carpeting in the new offices. Plumbing: Installation of the plumbing supply, waste, and vent piping previously roughed-in at the existing offices shall be completed as required for the six (6) exam room conversions. Installation of the plumbing supply, waste, and vent piping shall be completed as required for the four (4) new exam rooms. Electrical Power: The electrical system shall be checked in its entirety. Three (3) new electrical receptacles will be installed in each of the five (6) new offices. Four (4) new electrical receptacles will be installed in the new Director's Office. Two (2) new electrical receptacles will be installed in the new storage room. One (I) new GFI electrical receptacle will be installed in each new exam room above the location of each base cabinet. Two (2) new electrical receptacles will be installed in each exam room, each on separate walls that do not include the cabinetry. See plans for further information. Voice & Data: A blank box with "ring and string" shall be installed adjacent to all new electrical receptacles for voice and data services. Electrical Lighting: The electrical lighting system shall be checked in its entirety. One (1) new 2x4 lay-in light fixture will be installed in each of the new interior spaces. Light fixture type shall match the existing clinic. In the new storage room, reinstall the existing 1x4 wall mounted light fixture removed from room 140 during demolition. 2-48 HVAC: The HVAC system will be checked in its entirety. In each of the new spaces one (1) 2x2 supply air diffuser and one (1) 2x2 return air diffuser will be installed. The HVAC system then shall be balanced for maximum efficiency and concur with all OSH-PD3 requirements. Exterior Automatic Door Opeuer: An Americans with Disabilities Act compliant automatic door opener shall be installed on the existing storefront entrance door to the building. 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 Americans with Disabilities Act compliant 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 of 2009 (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 Requirements: • Contractor shall implement the construction project in accordance with Davis Bacon prevailing wage requirements for federally assisted construction 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 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. • Include HUD form 4010 in all bid documents and contract • Incorporate contract clauses found in 24 CFR Part 84 and Appendix "A" Uniform 2-49 Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals, or other Non-Profit Organizations into bid packages. 3. Estimated Time Schedule. Contractor will make all good faith and reasonable efforts to implement the project in compliance with the following estimated implementation schedule, or earlier: a. Project Completion: Juue 30, 2011 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. Line Item Budget Amount Demolition $9,363.00 Millwork $3,500.00 Insulation $2,407.00 Doors and Windows $11,049.00 Framin wall $29,421.00 Floarin $4,100.00 Ceilin s $3,705.00 Paintin $5,147.00 HVAC $16,370.50 Plumbin $7,777.00 Electrical $13,524.30 Fees and Insurance $2,488.00 Supervision and Contin encies $11,148.20 Total Project Costs $120,000.00 Recognizing that the Estimated Budget is solely an estimate and changes may need to be made in funding allocation within the Estimated Budget, Contractor may reallocate funds within the Estimated Budget to cover the costs of items for the project as described above. Such reallocations may be subject to City review and approval, in the City's sole and unfettered discretion. However, in no event may the overall budget exceed $120,000.00 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 2-50 prepare such reports. Contractor shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled at the end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and shall be submitted to the City 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. 2-51 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $375,222 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO ELIGIBLE PROJECTS; (2) AMENDING THE 2010-2011 CIP BUDGET AND ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS "EUCALYPTUS PARK RIGHT- OF-WAY" (STL-376) AND "ADA CURB RAMPS FY 2011-12" (STL-377); (3) APPROPRIATING $375,222 TO STL-376 AND STL-377 BY REALLOCATING THE CDBG-R FUNDING APPROPRIATED TO THE "THIRD AVENUE STREETSCAPE PROJECT" (STL-362); AND (4) APPROVAL OF A CONTRACT AMENDMENT WITH FAMILY HEALTH CENTERS OF SAN DIEGO WHEREAS, on June 2, 2009, the City Council approved submittal of the Community Development Block Grant Recovery Act (CDBG-R) 2008-2009 Annual Action Plan Amendment to the U.S. Departrnent of Housing and Urban Development (HUD); and WHEREAS, the City desires to amend the 2008-2009 Annual Action Plan to reallocate $375,222 of CDBG-R to two new Capital Improvement Projects ("Eucalyptus Park Right-of- Way (STL-376) and "ADA Curb Ramps FY 2011-12 (STL-377); and WHEREAS, Federal regulations governing the CDBG, HOME and ESG Programs state that significant programmatic and funding changes to the Plan constitute an amendment to the Plan; and WHEREAS, in compliance with HUD regulations, an Action Plan Amendment to reallocate CDBG-R funds requires a 12-day public review and comment period, which began on March 11, 2011, and ended on March 23, 2011 with no comments received; and WHEREAS, the City also desires to amend Family Health Centers of San Diego's Contract for the use of Community Development Block Grant Recovery Act Program (CDBG-R) funds for additional facility improvements to the Chula Vista Family Health Center located at 251 Landis Avenue in Chula Vista. 2-52 Resolution No. Page 2 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CHULA VISTA HEREBY DOES RESOLVES as follows: 1) That the City Council of the City of Chula Vista does hereby amend the 2008/2009 Annual Action Plan and authorizes the submission of the Amendment to the United States Department of Housing and Urban Development. 2) That the City Council of the City of Chula Vista does hereby amend the 2010-2011 CIP Budget and establish two new projects entitled the ADA Curb Ramps FY 2011-2012 (STL-377) and Eucalyptus Park Right-of--Way & Park Entrance Improvements (STL- 376), 3) That the City Council appropriate $375,222 to STL-376 and STL-377 by reallocating the CDBG-R funding appropriated to the "Third Avenue Streetscape Project (STL-362). 4) The City Manager or his designee is further authorized to execute and implement the CDBG-R contract amendment with Family Health Centers of San Diego, substantially in the form provided in the Agenda Statement as Attachment 2. Presented by Gary Halbert, AICP, PE Assistant City Manager/Director of Development Services Approved as to form by ~T////yN~'~ Glen R. Googins City Attorney 2-53