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HomeMy WebLinkAbout2011/05/03 Item 03CITY COUNCIL ~- AGENDA STATEMENT ~~~ CIIY OF --- CHUTAVISfA May 3, 2011, Item 3 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING FISCAL YEAR 2011-2012 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT/CONTRACTOR; AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANTS SUBMITTED BY: ASSISTANT CITY MANAGFDEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGE 4-STHS VOTE: YES ~ NO SUMMARY As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the HOME Investment Partnerships Act Program (HOME). The funds are distributed to provide decent housing, economic opportwuties and a suitable living environment for low and moderate income persons. On March 22, 2011, the City Council held a Public Hearing on draft recommendations for the 2011-2012 CDBG, HOME and ESG funds. This item will approve the final 2011-2012 Action Plan which contains the spending plan. ENVIRONMENTAL REVIEW All projects with the exception of the Third Avenue Streetscape Project are deemed exempt per the National Environmental Protection Act regulations. The Third Avenue Streetscape project qualifies for a Categorical Exclusion (subject to 58.5) pursuant to Code of Federal Regulations (CFR) Title 24, Section 58.35(a). Thus no fiirther NEPA environmental review is necessary. 3-1 May 3, 2011, Item 3 Page 2 of 7 RECOMMENDATION Adopt resolution. BOARDS-COMMISSION RECOMMENDATION Not applicable. DISCUSSION As an entitlement community with the Departrnent of Housing and Urban Development, the City receives funds under three block grant programs: • Community Development Block Grant • Home Investment Partnerships • Emergency Shelter Grant As a recipient of these HUD funds, the City is required to develop afive-year plan outlining its housing and community development needs and objectives. In addition to the Consolidated Plan, the City is required to submit an Annual Action Plan indicating how the City plans to use the funds it will receive from HUD to address the priority needs identified in the Consolidated Plan. The Annual Plan constitutes the City's annual application to HUD for its grant funds. The entitlement amounts allocated to the each jurisdiction are determined using a formula based on statistical and demographic data. The funds aim to provide decent housing, a suitable living environment, and to expand economic opportunities, principally for low- and moderate-income persons. 2011-2012 SPENDING PLAN Although the City still does not know the definitive grant amounts, the Federal 2012 budget approved on April 15, 2011 includes an estimated 16.3 percent reduction for the CDBG program, a 12 percent reduction to the HOME program, and a 38 percent increase to the ESG program. Attachment 1, "2011-2012 Funding Recommendations" includes the adjusted projected total funding levels. The Annual Action Plan (Attachment 2) constitutes the City's annual application to HUD for its grant funds. The document reviews the distribution of the 2011-2012 entitlement amounts as well as the requests for funding received from various City departments and local organizations. For 2011-2012, the City anticipates utilizing approximately $2.8 million in combined federal resources ($1,813,740 in CDBG, $122,027 in ESG and $877,524 in HOME). The draft recommendations offered on March 22, 2011 public hearing offered the best and worst case scenarios based on the anticipated grant awazds. The estimated grant amounts are in the middle. The final grant amount may slightly increase or decrease funding for certain Tier III projects. In the event that projects included in the funding recommendations do not move forwazd, funding will be made available to the Tier III project that did not receive funding (i.e. Family Health Centers of San Diego Kid Caze Express). Based on Council comments received at the March 22"d public hearing to take $50,000 from the Community 3-2 May 3, 2011, Item Page 3 of 7 Housing Improvement Program to fund the Graffiti Abatement Program, City Staff will identify additional block grant funds and return to Council to reallocate funding (if any) to the Community Housing Improvement Program. COMMUNITY DEVELOPMENT BLOCK GRANT In order to be eligible for CDBG funding, a project or program must address at least one of the national objectives, which are: 1) benefit primarily low and moderate income families; 2) aid in the prevention or elimination of slums or blight; and 3) meet other community needs such as natural disasters. For the 2011-2012 fiscal year, the City of Chula Vista will receive an estimated CDBG entitlement grant of $1,813,740. A summary of CDBG funding recommendations is provided in Attachment 1 to this report. In addition, the pie chart below illustrates how the full amount of CDBG funds will be distributed in 2011-2012. Distribution of CDBG Grant Funds Public Services Category: City staff has recommended funding public services projects up to the cap of $272,061. The funding requests received from all public service organizations were determined to be CDBG-eligible, as they meet the national objective to primarily benefit low-income families. Staff provided funding recommendations based on the funding priorities established in the Consolidated Plan. Along with the funding priorities, staff also established additional criteria in response to the current economic state, achieving a funding plan which best meets the needs of our community. If the City Council decided not to fund Public Services with CDBG, City Staff would recommend funding the Community Housing Improvement Program. 3-3 May 3, 2011, Item 3 Page4of7 The following two pies demonstrate how the public services funds are distributed by target population (Elderly, Disabled, Youth, Homeless and General). Public Services Distribution Capital Improvement and Community Enhancement Category: The City has historically allocated approximately $1.18 million of the CDBG entitlement amount to fund capital improvement projects and community enhancement projects. Although this category is not subject to a spending cap limit, the funding is determined by the residual amount after the distribution among the Administration and Public Services categories, and required debt service payments for a Section 108 loan for infrastructure improvement for the Castle Park Area. For 2011-2012 the recommended CDBG Projects include the Third Avenue Streetscape Project, the Community Housing Improvement Program, and Graffiti Abatement. The pie chart below demonstrates how the Capital Improvement and Community Enhancement portion of the portion the CDBG grants funds will be distributed in 2011- 2012. Distribution of Capital Improvement and Community Enhancement Funds Community 3-4 May 3, 2011, Item ,3 Page 5 of 7 Administration and Planning: This category includes administration and planning costs related to the general management, oversight and coordination of the CDBG program. No more than 20% of the annual entitlement ($362,748) may be obligated under this category. In addition to City costs, administration funds also fund outside planning functions such as fair housing activities and homeless information and referral services. City has set aside $362,748 for 2011-2012. HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM The City will receive $877,524 in HOME funds from HUD for fiscal yeaz 2011-2012. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Staff will return to Council once a viable affordable housing project is identified by staff. EMERGENCY SHELTER GRANT (ESG) PROGRAM Chula Vista will receive $122,027 in ESG entitlement funds for fiscal yeaz 2011-2012. The ESG program is being revamped and is designed to be the first step in a continuum of assistance to prevent homelessness and to enable homeless individuals and families to move towazd independent living. The City received a proposal from South Bay Community Services to provide homeless services primarily to women, children and families. At this time, staff is recommending the same funding level ($83,621) for the Casa Nueva Vida shelter as fiscal yeaz 2010-2011. The additional allocation of approximately $32,000 is being recommended for rental assistance payments for homeless prevention in accordance with new regulations once they become available. PROJECT CONTRACTS HUD requires a written contract between the City and each project-program funded through the CDBG, ESG and HOME funds. HOME funds are primarily used for the provision of affordable housing and requests will be brought forward as projects are negotiated. The project contracts between the City and the subrecipients cover the period from July 1, 2011 to June 30, 2012. Each contract has several exhibits attached which are incorporated into the contract. The sample CDBG and ESG contracts aze included as Attachments 3 and 4 and contain the respective attachments (A through C). The attachments to the agreements are: ^ Attachment A: The Scope of Work describes the service the agency will be providing and the estimated number of people who will receive services each month. This performance schedule will be used to monitor each agency's progress in completing the scope of work. It will also include an estimated budget which details how the agency intends to expend the CDBG and ESG funds. This itemized budget will be used to monitor expenditures throughout the year. Minor adjustments to budget line items or necessary programmatic changes to the scope of work will be handled administratively. Attachment B: The HUD Income Limits for the San Diego Standard Metropolitan and sample form (estimated release date May 2011) will be used to determine the number of low income households-persons served. Each program is required to serve a 3-5 May 3, 2011, Item 3 Page 6 of 7 minimum of 51 percent low-income persons-households. A sample form for capturing this data is included in CDBG agreements. Attachment C: City of Chula Vista Third Party Disclosure Form. This form is provided to Subrecipients to complete. Public Comment Period For the Annual Action Plan, the City's outreach efforts included a public hearing held on March 22, 2011 and a public meeting April 13, 2011. Notices for the meeting were advertised twice. The Annual Action Plan was available fora 30-day review and comment period from Mazch 25, 2011 to April 25, 2011. A summary of comments are provided as Attachment 6. Public comments received will be included in the plan. DECISION MAKER CONFLICT Staff has determined that the activities under the Administration and some Public Service programs of the CDBG, HOME and ESG programs are not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. However, several Public Services programs and Capital Improvement and Community Enhancement projects are site specific. For this reason, Staff reviewed the property holdings of the City Council and found no property holdings within 500 feet of the boundaries of the projects and programs. CURRENT YEAR FISCAL IMPACT The City will allocate $1,813,740 in CDBG; $877,524 in HOME and $122,027 in ESG, for a total of $2,813,291 in 2011-2012 Entitlement Funds. The federal grant funds will be appropriated in the fiscal year 2011-2012 City Budget. In the remote event that HUD should withdraw the City's CDBG and HOME funding, the agreements provide that the City is not obligated to compensate the Subrecipients for program expenditures. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. The City receives annual entitlements of CDBG, HOME and ESG funds. ATTACHMENTS 1. 2011-2012 Funding Recommendations 2. 2011-2012 Annual Action Plan (Due to the size of the documents, these are on file in the Office of the City Clerk). 3. Sample CDBG Agreement (which includes the following attachments): • Attachment A- Scope of Work • Attachment B- HUD Income Limits 2011 • Attachment C- Disclosure Form 4. Sample Emergency Shelter Grant Contract (which will include Attachments A through C listed above) 3-6 May 3, 2011, Item 5 Page 7 of 7 5. Sample HUD Funding Agreement 6. Summary of Public Comments Prepared by:.7ose Dorado, Project Coordinator II Development Services Department, Redevelopment and Housing Division 3-7 Attachment 1 zoii/zoiz FEDERAL GRANTS FUNDING. REQUESTS AND RECOMMENDATIONS CDBG ~ HOME ~ ESG CDBG' Administraton{Sub9ectSo SpendingCa pj.: `' ~° .' ~ .Avaiiable ":.$362 ~ 748 . , t, , ,- Fair Housing Counseling Services 1 Redevelopment and Housing and FairHOUSingAudits $45,500 $35,550 CDBG Program Planning and 2 Redevelopment and Housing Administration $359,500 ' $324,198 Task Force on the Homeless 3 Regional Task force on the Homeless (RTFH) $10,000 $3,000 Total Requested and Recommended $415,000 $362,748 CDBG 4 PUbRcServices{SnbjecCtoSpendingCa .. Meals on Wheels pj '~ s'~ Meals-On-Wheels Chula Vista $12,000 Ava0abie , $12,000 `,..$272,061 .$12,000 5 Lutheran Social Services Project Hand $30,000 $27,830 $27,830 6 South Bay Community Services Souih Bay Food Program $30,000 $10,000 $10,000 7 Interfaith Shelter Network Interfaith Shelter Network $11,000 $10,350 " ..$10,350 8 San Diego Food Bank Food 4 Kids Backpack Program $19,500 $15,000 - $15,000 9 Adult Protective Services Transportation $11,000 $11,000 $11,000 10 South Bay Community Services Family Violence Treatment Program/South Bay Family Justice Network $51,625 $34,000 -. $34,000 11 South Bay Community Services Services for High-Risk and Homeless Youth $39,600 $39,550 $39,550 12 Charles Cheneweth Foundation Community Access Program $41,000 $0 $0 13 Chula Vista Community Collaborative Assessment, Referral and Emergency Services $50,000 $39,312 '$39,312 14 City of Chula Vista-Recreation Norman Park Senior Center $52,400 $26,000 ' $SQD00 15 Chula Vista Veterans Home Support Rehabilitation Services $3,000 $2,968 $2;968 16 City of Chula Vista Public Works Graffiti Abatement- Public Spaces $20,000 $20,000 $20,000 17 Family Health Centers of San Diego KidCare Express Mobile Unit $30,000 $27,000 $0 Total Requested and Recommended $401,125 ' `$272,010 * Funding Methodology (Ters I, II and III). Tier I: Basic Needs (Food, Housing, Emergency Services). Tier II: Special Needs (At Risk, Special Needs/Disabled). Tier III: Other (General Services). Attachment 1 3-8 2011/2012 Federal Grants Funding Requests and Recommendations (Continued) CDBG. 18 Cap~al tmprovemeniJCommdriity Deve .- City of Chula Vista -finance lopment „.+ fw -w ~i rz~. ,~ Section 108 Payment -Year Three ; ."Avaita6le '~ $1,178,982 $744,897 $745,867 19 City of Chula Vista Public Works Third Avenue Streetscape Project $375,222 ':.:;$375,222 20 City of Chula Vista Public Works ADA Curb Cut Program $200,222 CDBG-R 21 City of Chula Vista Public Works Euca yptus Par Right o Way Park Accessibility $175,000 '. CDBG-R 22 City of Chula Vista-Housing Community Housing Improvement Program $347,000 $7,893 23 South Bay Community Services CNV-Capitallmprovement $35,113 $0 24 City of Chula Vista Public Works Graffiti Abatement-Private Properties $85,000 ' $SQ000 Total Requested and Recommended $1,962,454 ' $1,178,982 ESG.programs n •r,' -~ •~, Available ~ ', $122,027 27 South Bay Community Services Casa Nueva Vida $88,000 $83,621 ESG Program Planning and 28(a) City of Chula Vista -Housing Administration $6,101 $6,101 ESG Program -Homeless 28(b) City of Chula Vista -Housing Prevention & Rapid Re-Housing $32,305 $32,305 Total Requested and Recommended $126,406 $122,027 Attachment 1 3-9 Attachment 2 2011-2012 Annual Action Plan Due to the size of the document, it is on file in the Office of the City Clerk 3-10 Attachment 3 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 2011-2012 (INSERT PROJECT TITLE) This contract, numbered , is entered into by and between ("Sub-recipient") and the City of Chula Vista ("City") on , 2011 ("Effective Date") for the purpose of having Sub- recipient implement and perform work on the Organization-Project 2011-2012 as set forth herein and in the incorporated documents and attachments. RECITALS WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"), the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant funds; WHEREAS, City incorporated the Sub-recipient's proposal for the project described in Attachment "A"hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; WHEREAS, it is the desire of the Sub-recipient and the City that the Proj ect be implemented by the Sub-recipient; WHEREAS, the Sub-recipient shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; and WHEREAS, Sub-recipient warrants and represents that they are experienced and staffed in a manner such that they are and can deliver the services required of Sub-recipient to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Sub-recipient do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement 3-11 ARTICLE I. SUB-RECIPIENT OBLIGATIONS A. General. Work to be Performed. Sub-recipient shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Sub-recipient shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Sub-recipient include, but are not limited to, the obligation to, as applicable, comply with each of the following as may be amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC § 5301, et seq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et seq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2011-2012 CDBG Agreement 3-1 2 Page 2 of 18 ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they aze under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Sub-recipient agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bazgaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Sub-recipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFRpart 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-Sub-recipient is in violation of the regulations in 24 CFR part 135. The Sub-recipient will not subcontract with any sub-Sub- recipient where the Sub-recipient has notice or knowledge that the sub Sub-recipient has been found in violation of the regulations in 24 CFR part 135. The Sub-recipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the 201 I-2012 CDBG Agreement 3-~ $ Page 3 of 7 8 greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). f The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC § 4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circulaz 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 570.504, which requires Sub-recipient to return any program income earned by Sub-recipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Sub- recipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Sub- recipient's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five yeazs after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures ofnon-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five-year period pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract; i. 24 CFR 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and 2011-2012 CDBG Aa Bement 3-~ 4 Page 4 of 18 Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; k. The Labor Standards Regulations set forth in 24 CFR 570.603; 1. Labor Code section 1771 concerning prevailing wages; m. The Hatch Act relating to the conduct ofpolitical activities (5 U.S.C. § 1501, et seq.); n. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, et seq., and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seg.) and the regulations adopted pursuant thereto (40 CFR Part 6); q. -The Drug-Free Workplace Act of 1988 (Public Law 100-690); r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazazd Reduction Act of 1.992, and implementing regulations at 24 CFR Part 35; s. No member, officer or employee of the Sub-recipient, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafrer, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; The Sub-recipient certifies, that in accordance with Section 319 of Public Law 101- 121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. 2011-2012 CDBG Av Bement 3-1 5 Page 5 of l8 ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; u. The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.); v. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8; w. The Americans with Disabilities Act (42 U.S.C. § 12101); x. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 4l U.S.C. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference; y. Prior to award of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); aa. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and bb. Sub-recipient shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Sub- recipient to comply with the requirements of any such obligation. B. Compliance with Laws. Sub-recipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Sub-recipient shall require sub-contractors to similazly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. 2011-2012 CDBG Agreement 3-~ s Page 6 of 18 C. Insurance. Sub-recipient agrees to comply with the insurance requirements as set forth below: 1. General. Sub-recipient must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance 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 least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the table below: i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including (Including death), and property damage. If Commercial General Liability insurance with operations, products a general aggregate limit is used, either the general aggregate limit must and completed apply separately to this projecUlocation or the general aggregate limit must operations, as be twice the required occurrence limit. a licable ii. Automobile Liability: $1,000,000 pet accident for bodily injury, including death, and property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's Liability: $1,000,000 disease-policy limit $1,000,000 disease-each em to ee iv. Professional Liability $1,000,000 each occurrence or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles orself-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles orself-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Sub-recipient will provide a financial 2011-2012 CDBG Agreement 3-~ ~ Page 7 of 18 guazantee satisfactory to the City guazanteeing 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) Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primary Insurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Sub- recipient and in no way relieves the Sub-recipient from its responsibility to provide tnsurance. (c) Cancellation. The insurance policies required must be endorsed to state that coverage will not be canceled by either parry, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver ofSubrogation. Sub-recipient insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage aze written on a claims-made form: 2011-2012 CDBG Agreement 3-~ 8 Page 8 of 18 (a) Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Sub-recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Covera¢e. Sub-recipient shall famish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Sub-recipient must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obli atm. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE II. CITY OBLIGATIONS A. Compensation. Amounts. City shall reimburse Sub-recipient for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $12,000. Sub-recipient shall not 2011-2012 CDBG Agreement 3-19 Page 9 of t 8 submit claims to the City nor shall City reimburse Sub-recipient for costs for which Sub- recipient is reimbursed from a source other than the funds allocated for work under this contract. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Sub- recipientmay be reimbursed only to the extent and in the amounts that funds have been made available pursuant to applications for Federal assistance. No City funds in excess of those provided by the Federal government under such applications may be the source of reimbursement under this Contract. 3. Compensation Schedule. City shall pay Sub-recipient monthly progress payments upon certification and submittal by Sub-recipient of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this contract. The balance due shall be paid upon certification by Sub-recipient that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. a. Claim Due Dates. Contractor shall submit quarterly claims to the City by the deadlines listed below in order to meet HUD's strict expenditure standards: Ql. July 1-September 30, 2011- Due October 17, 2011 Q2. October 1, 2011-December 31, 2011- Due January 16, 2012 Q3. January 2012-Mazch 31, 2012- Due April 16, 2012 Q4. April 1, 2012-May 31, 2012- Due June 17, 2012 Q5. June 30, 2012- Due July 16, 2012 Failure to submit claims by these deadlines may result in recapturing of the grant funds. Any extension requests must be approved by all parties. 4. Indirect Costs. If indirect costs are charged, the Sub-recipient will develop an indirect cost allocation plan for determining the appropriate Sub-recipient's shaze of administrative costs and shall submit such plan to the City for approval. Expenditure Standard. In order to insure effective administration and performance of approved CDBG Projects and to meet HUD performance standards, Sub-recipient agrees that it shall expedite implementation of the Project described herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Sub- recipient ofthe expenditure and implementation deficiency. Sub-recipient will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Sub-recipient agrees that the City may reallocate the amount of the expenditure deficiency. 2011-2012 CDBG Agreement 3-2~ Page 10 of 18 ARTICLE III. ETHICS A. Financial Interests of Contractor Disclosure Required. Sub-recipient is required make the disclosures detailed in Attachment "C". Sub-recipient may also be designated as a "Consultant" for the purposes ofthe Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the Ciry to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." 2. No Participation in Decision. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient shall not make, or participate in making or in any way attempt to use Sub-recipient's position to influence a governmental decision in which Sub-recipient knows or has reason to know Sub-recipient has a financial interest other than the compensation promised by this contract. 3. Search to Determine Economic Interests. Regardless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient warrants and represents that Sub-recipient has diligently conducted a seazch and inventory ofSub-recipient's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Sub-recipient does not, to the best of Sub-recipient's knowledge, have an economic interest which would conflict with Sub-recipient's duties under this contract. 4. Promise Not to Acquire Conflicting Interests. Regazdless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient further warrants and represents that Sub-recipient will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. Duty to Advise of Conflicting Interests. Regazdless of whether Sub-recipient is designated as an FPPC Filer, Sub-recipient fiu-ther warrants and represents that Sub-recipient will immediately advise the City Attorney ofCity ifSub-recipient learns of an economic interest ofSub-recipient's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. Specific Warranties A>?ainst Economic Interests. Sub-recipient warrants, represents and agrees: (a) That neither Sub-recipient, nor 's immediate family members, nor Sub-recipient's employees or agents ("Sub-recipient Associates")presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter ofAttachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subj ect matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. 2011-2012 CDBG Agreement 3-21 Page 11 of 18 (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Sub-recipient or Sub-recipient's Associates in connection with Sub-recipient's performance of this contract. Sub-recipient promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Sub-recipient Associates shall not acquire any such Prohibited Interest within the term of this contract, or fox twelve months after the expiration of this contract, except with the written permission of City. (d) That Sub-recipient may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Sub-recipient's responsibilities under this contract, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. City shall not be liable for, and Sub-recipient shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attomeys' fees and court costs (collectively, "Claims"), which azise out of or aze in any way connected with the work covered by this contract azising either directly or indirectly from any act, error, omission or negligence of Sub-recipient or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Sub-recipient shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2. Additional Requirement. Sub-recipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Sub-recipient during the course of any alteration or improvements of the Premises ofSub- recipient, unless hazazdous materials are present solely as a result ofthe gross negligence or 2011-2012 CDBG Agreement 3-22 Page 12 of 18 willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move onto or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be govemed by the laws of the State of Califomia. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Sub-recipient obligation to defend, at Sub-recipient' s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Sub-recipient shall pay and satisfy anyjudgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Sub-recipient obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Sub-recipient's obligations under Article IV shall not be limited by any prior or subsequent declazation by the Sub-recipient. 6. Enforcement Costs. Sub-recipient agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. Survival. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this contract and shall be governed by the laws of the State of California. ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty days 2011-2012 CDBG Aa Bement 3-23 Page 13 of 18 written notice of intent to terminate has been given to the other party. However, no notice of termination given by Sub-recipient shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Sub-recipient shall be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. Automatic Termination. This contract shall terminate at the discretion of the City if the United States Government terminates the CDBG Program or the Project. City shall provide written notice to Sub-recipient of the intent to terminate under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Sub-recipient shall be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Sub-recipient hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. C. Termination of Contract for Cause. Sub-recipient and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Sub-recipient fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, or ifSub-recipient violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Sub-recipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Sub-recipient of the effective date of termination. Even if City terminates the contract, Sub-recipient shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this contract, and City may withhold any reimbursement payments from Sub-recipient for the purpose of set-off until the exact amount of damages due to City from Sub-recipient is determined. Sub-recipient hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Sub-recipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Sub-recipient's project. All records of the Sub-recipient related to this contract or work performed under the contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. 2011-2012 CDBG Agreement 3-24 Page 14 of 18 B. Retention. The Sub-recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the contract for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the contract are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-yeaz period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-yeaz period, whichever occurs later. C. Data. The Sub-recipient shall maintain data demonstrating eligibility (low-moderate locations) for services provided. Such data shall include, but not be limited to exact location of the work performed, and a description of service provided. Such information shall be made available to City monitors or their designees for review upon request. D. Disclosure. The Sub-recipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Sub-recipient's responsibilities with respect to services provided under this contract, is prohibited by federal privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible pazent/guardian. E. Quarterly Reports/Consolidated Annual Performance Evaluation Report (CAPER). Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG funds until the report has been submitted. Evidence of match must be submitted with each quarterly and annual report (CAPER). a. Due Dates. 1. Quarterly Report due dates are: October 17 (July 1, 2011-September 30, 2011), January 16 (October 1, 2011-December 31, 2011), April 16 (January 1-March 31, 2012), and June 17 (April 1, 2012-May 31, 2012). 2. Year-End Report due date is July 16, 2012. ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Sub-recipient agrees to submit a final certification of Proj ect expenses and audit reports, as applicable. 2011-2012 CDBG Agreement 3-25 Page 15 of 18 B. Audit of Consultants. Sub-recipient agrees to perform financial and compliance audits the City may require. The Sub-recipient also agrees to obtain any other audits required by City. Sub- recipient agrees that Project closeout will not alter Sub-recipient's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Sub-recipient that City has closed the Project, and either forwards the final payment or acknowledges that the Sub-recipient has remitted the proper refund. The Sub-recipient agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contract or any unmet requirements set forth in a written notification from City. ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee, shall administer this contract on behalfoftheCity. The shall administer this contract onbehalfofthe Sub-recipient. Within a reasonable time after the City makes a request, Sub-recipient shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this contract. B. Term. The term of this contract shall start on the 1s` day of July 2011 and shall continue in effect until terminated as provided herein or until Sub-recipient has carved out all its obligations under the contract. Services of the Sub-recipient shall start on the ls` day of July and end on the 30"' day of July 2012. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub-recipient remains in control of CDBG funds or other CDBG assets, including program income. C. Actions on Behalf of the City. Except as City may specify in writing, Sub-recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Sub-recipient shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. D. No Obligations to Third Parties. In connection with the Project, Sub-recipient agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a parry to this contract. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula V ista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Sub-recipient 2011-2012 CDBG Agreement 3'26 Page 16 of 18 shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. F. Attorney's Fees. Should a dispute arising out of this contract result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract shall be brought only in the federal or state courts located in San Diego County, State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this contract, and performance hereunder, shall be the City of Chula Vista. I. Audit Costs. Sub-recipient shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract ifSub-recipient is subsequently found to have violated the terms of the contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Sub-recipient under this contract. J. Precedence. This contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This contract may not be modified except by written amendment executed by each party. K. Acknowledgement of Funding. Sub-recipient shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement ofthe City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Sub-recipient agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. L. No Waiver. No failure, inaction, neglect or delay by City in exercising any of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any other rights under this Contract. Notice. Any notice or notices required or permitted to be given pursuant to this contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: 2011-2012 CDBG Agreement 3-2~ Page 17 of 18 Contractor: City: Subrecipient City of Chula Vista Subrecipient contact Housing Manager Title 276 Fourth Avenue Address Chula Vista, CA 91910 City, State, Zip (Signature page to follow.) 201 I-2012 CDBG Agreement 3-2a Pale I8 of 18 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City have executed this contract as of the date first written above. CITY OF CHULA VISTA James D. Sandoval City Manager, City of Chula Vista APPROVED AS TO FORM Glen R. Googins City Attorney ATTEST Donna Norris, City Clerk Subrecipient Employer Federal ID: XX-XXX3~ DUNS ID: XXXX3~XX Name, Title 2011-2012 CDBG Agreement 3-29 Page 19 of 18 ATTACHMENT A "SCOPE OF WORK AND BUDGET" 2010-2011 Meals on Wheels (SUBRECIPIENT) has a certain project to be implemented with Community Development Block Grant (CDBG) Program funds. The work to be accomplished includes the following: CDBG National Objective: Low Moderate Income Clientele A. Performance Measurement: Provide 219 Persons with improved public services as detailed below by Activity, Indicator and Outcome. These servies will be provided in compliance with the Meals-On- Wheels Chula Vista Policies and Procedures Manual for Fiscal Year 2010-2011. Activity (What the program does to fulfill its mission) Indicator (The duect products of progam activities -Service Numbers Outcome (Benefits that result from the program) 1. Provide nutritious, home Deliver up to two meals (a lunch Improved access to nutritional, delivered meals to homebound and a dinner entree) to 219 well-balanced meals for program seniors in Chula Vista homebound seniors artici ants 2. Provide meals for a much While it costs the agency over Provides clients with access to reduced fee of $7.00 (maximum, $17.00 to purchase, prepare and nutritious meals many of whom many pay less) per day for two distribute 2 meals per day per would not otherwise be able to meals a day. client, each client pays at most afford. $7.00 for the services 100% of clients served in Chula Vista are low to moderate income. B. Estimated Time Schedule: SUBRECIPIENT will make all good faith and reasonable efforts to fulfill the project by June 30, 2011, or earlier. C. Estimated Budget: SUBRECIPIENT shall make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than $12,000 for work performed under this Contract. The Estimated Budget shall be apportioned and expended in accordance with the table below: Ex ense Item Descri tion Estimated Bud et Su lies/Food $12,000.00 Contract total $12,000.00 2010-2011 CDBG Agreement Attachment "A" -Scope of Work and Budget 3-30 ATTACHMENT "B" 2010 San Diego Income Limits & Self Certification Form Median Income: $75,500 ~ ~ • • • • • HH of 1: 6,500 $ 27,500 4,000 HH of 2: 18 850 $ 31,400 50,250 • HH of 3: 21 200 $ 35,350 6,550 • HH of 4: 23,550 $ 39,250 62 800 • HH of 5: 5,450 $ 42,400 fi7 850 HH of 6: 27,350 $ 45,550 72,850 HH of 7: 29,250 $ 48,700 77,900 HH of 8: 31,100 $ 51,850 82 900 2010-2011 CDBG Agreement 3-31 Attachment "B" -Income Limits and Self Certification Form ATTACHMENT B Self Certification Form - 2010 (effective 05/18/2010 CITY OF CHULA VISTA CDBG Program Information on annual family income and race is required to determine eligibility for public services funded with federal Community Development Block Grant (CDBG) funds. Each participant must indicate the number of persons in their household, and then CHECK THE BOX that contains the amount of annual family income. INCOME is defined as the total annual gross income of all family and non-family members 18+ years old living within the household. All sources of income must be counted from all persons in the household based on anticipated income expected within the next 12 months. Please check your Income Range (using Part 5) based on your Family Size (for example if there are 5 people in your household, go to HH of 5; if there are 8 or more in your household go to HH of HH of 1: ^ $0 - $16,500 ^ $16,501 - $27,500 HH of 2: ^ $0 - $18,850 ^ $18,851 - $31,400 HH of 3: ^$0 - $21,200 ^ $21,201 - $35,350 HH of 4: ^$0 - $23,550 ^ $23,551 - $39,250 HH of 5: ^$0 - $25,450 ^ $25,451 - $42,400 HH of 6: ^ $0 - $27,350 ^$27,351 - $45,550 HH of 7: ^ $0 - $29,250 ^ $29,251 - $48,700 HHof8: ^$0-$31,100 ^$31,101-$51,850 AMI Level ^30%. ^31%-50% ^ $27,501 - $44,000 ^ $31,401 - $50,250 ^ $35,351 - $56,500 ^ $39,251 - $62,800 ^ $42,401 - $67,850 ^ $45,551 - $72,850 ^ $48,701 - $77,900 ^ $51,851 - $82,900 ^51 %-80% ^ $44,001+ ^ $50,251+ ^ $56,501+ ^$62,801+ ^$67,851+ ^$72,851+ ^$77,901+ ^$82,901+ ^ over 80% Please check your Ethnicity (pick 1 of 2): ^ Hispanic or ^Non-Hispanic Please check your Race (pick 1 of 10 choices: ^ White ^ Black or African American ^ Asian & White ^ American Indian or Alaskan Native ^ Native Hawaiian or Other Pacific Islander ^ Other ^ Black/African American & White ^ American Indian/Alaskan Native & White ^ Asian ^ American Indian/Alaskan Native & Black Does your family have a FEMALE HEAD OF HOUSEHOLD? ^ Yes ^ No Program or Activity Dates of Participation APPLICANT STATEMENT: I hereby certify that the information on this form is accurate and complete. I understand that this self-certifcation may be subject to further verifcation by the agency providing services, the City of Chula Vista, the County of San Diego District Attorney, or the U.S. Department of Housing & Urban Development. I, therefore, authorize such verification, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the U.S. Government. Participant or Beneficiary Name (Please Signature (Parent or Guardian, if participant is under 18 years old) Date 2010-2011 CDBG Agreement 3-3 2 Attaclvnent "B" -Income Limits and Self Certification Form ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity. 3. If any person* identified in section 1 above is anon-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to renresent you before the City in this matter. 5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula V ista as it relates to this contract, project or application within the past 12 months? Yes^No^ 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, projector application, made a campaign contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No^Yes^ If yes, which Council 7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula V ista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? 3-33 2011-2012 CDBG Agreement Attachment "C" - Discloswe Statement 8. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes^No^ If Yes, identify the official** and the nature of the income Date: Signature of Contractor/Applicant Debbie Case, President & CEO * Person is defined as: any individual, firm, co-partnership,joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. 3-34 201 I-2012 CDBG Agreement Attachment "C" -Disclosure Statement Attachment 4 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT TRANSITIONAL HOUSING PROGRAM 2011-2012 This Contract numbered _ and is entered into by and between South Bay Community Services ("Contractor") and the City of Chula Vista ("City") on July 1, 2011. RECITALS WHEREAS, there has been enacted the Emergency Shelter Grants ("ESG") Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the "Act", 42 U.S.C. 11361, et seq.). The ESG Program authorizes the Secretary, U.S. Department of Housing and Urban Development ("HUD"), to make grants to States, units of general local government, territories, and Indian Tribes for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless; for payment of certain operating expenses and essential services in connection with emergency shelters for the homeless; and for homeless prevention activities; WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of essential ESG activities; WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan ("AFP") which was submitted to HUD; WHEREAS, Chula Vista City Council approved the Project on , 2011 and HUD has approved the City's AFP for the ESG funds; and WHEREAS, Contractor warrants and represents that they aze experienced and staffed in a manner such that they aze and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement 3-35 ARTICLE I. CONTRACTOR OBLIGATIONS A. General. Work to be Performed. Contractor shall implement the Project described in Attachment "A" hereof (the "Scope of Work") fully in accordance with the term of the AFP approved by the City and submitted to HUD in its application for funds to carry out the Project and the certifications which were submitted concurrently with the AFP ("Certifications"). The AFP and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP and Certifications. Contractor's obligations include, but are not limited to, compliance with the current and most up-to-date version of each of the following: (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, et seq.) as amended; (b) HUD regulations relating to ESG Program (24 CFR Part 576); (c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR 576.57, subd. (e)); (d) Title VI of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); § 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) Section 3 of the Housing and Community Development Act of 1974, which includes: (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 3-36 2011-2012 ESG Contract Page 2 of 18 (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contractor other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) Contractor shall include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent Contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations. in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section'7(b) ofthe Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b); 2011-2012 ESG Contract Page 3 of 18 3-37 (f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601, and implementing regulations at 49 CFR Part 24; (g) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations" and with Office of Management and Budget Circular A-110 entitled "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations"; (h) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set forth in 42 U.S.C. 11375; (i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; (j) The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; (k) The Labor Standards Regulations set forth in 24 CFR 570.603; (1) The Architectural Bamers Act of 1968 (42 U.S.C. § 4151, et seq.); (m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); (n) The Flood Disaster Protection Act of 1974 (42 USC § 4106 and the implementing regulations in 44 CFR parts 59 through 79; (o) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8; (p) The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 6); (q) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (r) No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program 201 I-2012 ESG Contract Page 4 of 18 3-38 assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; (s) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awazding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (t) The American's with Disabilities Act (42 U.S.C. sec. 4151. et. seq.); (u) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); (v) Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and (w) Contractor shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Contractor to comply with the requirements of any such obligation. B. Compliance with Laws. Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Contractor shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. C. Insurance. Contractor agrees to comply with the insurance requirements as set forth 3-39 2011-2012 ESG Contract Pale 5 of 18 below: 1. General. Contractor must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. 2. Minimum Scooe of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, products Liability insurance with a general aggregate limit is used, either and completed the general aggegate limit must apply separately to this operations, as projectJlocation or the general aggregate limit must be twice the applicable) requved occurrence limit. . Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. i. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liabili $1,000,000 disease-each em to ee Professional $1,000,000 each occurrence Liability or Errors & Omissions Liabili 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declazed to and approved by the City. At the option of the City, 2011-2012 ESG Contract Page 6 of 18 3-40 either the insurer will reduce or eliminate such deductibles orself-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11 /85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primary Insurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly sepazate from the insurance of the contractor and iti no way relieves the contractor from its responsibility to provide insurance. (c) Cancellation. The insurance policies required must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 2011-2012 ESG Contract Page 7 of 18 3-41 (e) Waiver of Subrogation. Contractor insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (a) Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of Califomia List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception maybe made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obli atg ions. Insurance provisions under this 2011-2012 ESG Contract Page 8 of 18 3-42 Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. ARTICLE II. CITY OBLIGATIONS A. Compensation. 1. Amounts. City shall reimburse Contractor for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $83,621: $18,000 for Essential Services and $65,621 for Operations). Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this contract. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Contractor maybe reimbursed only to the extent and in the amounts that funds have been made available pursuant to applications for Federal assistance. No City funds in excess of those provided by the Federal government under such applications may be the source of reimbursement under this Contract. 3. Compensation Schedule. City shall pay Contractor quarterly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the proj ect or any portion thereof. The 10% retention will not apply to acquisition or service contracts. a. Claim Due Dates. Contractor shall submit quarterly claims to the City by the deadlines listed below in order to meet HUD's strict expenditure standards: Q1. July 1-September 30, 2011- Due October 17, 2011 Q2. October 1, 2011-December 31, 2011- Due January 16, 2012 Q3. January 2012-March 31, 2012- Due April 16, 2012 Q4. April 1, 2012-May 31, 2012- Due June 17, 2012 Q5. June 30, 2012- Due July 16, 2012 Failure to submit claims by these deadlines may result in recapturing of the grant funds. Any extension requests must be approved by all parties. 4. Expenditure Standard. In order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall expedite implementation of the Project described herein expending all contracted funds within the term of the contract. In the event that reasonable progress has not been made and all funds are not expended within the term period, the City shall notify the Contractor of the expenditure and 2011-2012 ESG Contract Page 9 of 18 3-43 implementation deficiency. Contractor will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Contractor agrees that the City may reallocate the amount of the expenditure deficiency. ARTICLE ITI. ETHICS A. Financial Interests of Contractor Disclosure Required. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Consultant" for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." No Participation in Decision. Regazdless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this contract. Seazch to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a Seazch and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this contract. 4. Promise Not to Acquire Conflicting Interests. Regazdless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Contractor warrants, represents 2011-2012 ESG Contract Page 10 of 18 3-44 and agrees: (a) That neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other rewazd or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that may be made during the term of this contract, or for twelve months thereafter. (c) That Contractor Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. (d) That Contractor may not conduct or solicit any business for any party to this contract, or for any third party that may be in conflict with Contractor's responsibilities under this contract, except with the written permission of City. ARTICLE IV. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. General Requirement. City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, including death and dismemberment, or property (real or personal), claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, chazges or costs of any kind or chazacter, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract azising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2011-2012 ESG Contract Page 11 of 18 3-45 2. Additional Requirement. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazazdous materials laws because of the presence of hazazdous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazazdous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move onto or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term ofthis contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or temunation of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California. 3. Costs of Defense and Award. Included in the obligations to defend indemnify and hold harmless, above, is the Contractor obligation to defend,. at Contractor' s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Contractor shall pay and satisfy any judgment, awazd or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 2011-2012 ESG Contract Page 12 of 18 3-46 5. Declarations. Contractor's obligations under Article IV shall not be limited by any prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article N. 7. Survival. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this contract and shall be governed by the laws of the State of California. ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty days written notice of intent to terminate has been given to the other party. However, no notice of termination given by Contractor shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this contract except as set forth herein. B. Automatic Termination. This contract shall terminate at the discretion of the City if the United States Govermnent terminates the ESG Program or the Project. City shall provide written notice to Contractor of the intent to terminate under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the ESG Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. C. Termination of Contract for Cause. Contractor and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to 2011-2012 ESG Contract Page 13 of 18 3-47 implementation of the Project, or if Contractor violates any provisions ofthis contract, City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the contract, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this contract, and City may withhold any reimbursement payments from Contractor for the purpose ofset-off until the exact amount of damages due to City from Contractor is determined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. ARTICLE VL RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze and audit Contractor's project. All records of the Contractor related to this Contract or work performed under this Contract shall be open and available for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained for a period of at least five (5) years after the end of the grant term. This provision also applies to subcontractors and Contractor will require subcontractors to comply with this provision. B. Disclosure. The Contractor understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Contractor's responsibilities with respect to services provided under this contract, is prohibited by federal privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible pazenUguazdian. C. Quarterly Reports/Consolidated Annual Performance Evaluation Report (CAPER). Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG funds until the report has been submitted. Evidence of match must be submitted with each quarterly and annual report (CAPER). D. Due Dates. 1. Quarterly Report due dates are: October 17 (July 1, 2011-September 30, 2011), January 16 (October 1, 2011-December 31, 2011), April 16 (January 1-Mazch 31, 2012), and June 17 (April 1, 2012-May 31, 2012). 2. Year-End Report due date is July 16, 2012. 2011-2012 ESG Contract Page 14 of 18 3-48 ARTICLE VII. 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 audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee shall administer this contract on behalf of the City. The Executive Director of South Bay Community Services shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this contract. B. Term. This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 1 s` day of July 2011 and end on the 30`h day of June 2012. With City approval, the term of this contract and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of ESG funds. C. Actions on Behalf of the City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. D. No Obligations to Third Parties. In connection with the Project, Contractor agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that the City may have concurred in or approved any 2011-2012 ESG Contract Page 15 of 18 3-49 solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. F. Attorney's Fees. Should a dispute arising out of this contract result in litigation, it is agreed that the prevailing party shall be entitled to ajudgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action aiising under or relating to this contract shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this contract, and performance hereunder, shall be the City of Chula Vista. I. Audit Costs. Contractor shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Contractor is subsequently found to have violated the terms of the contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this contract. J. Precedence. This contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This contract may not be modified except by written amendment executed by each P~'~ K. Notice. Any notice or notices required or permitted to be given pursuant to this contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: 2011-2012 ESG Contract Page 16 of 18 3-50 Contractor: South Bay Community Services Kathy Lembo, Executive Director 1124 Bay Boulevard, Ste. E Chula Vista, CA 91911 City: City of Chula Vista Redevelopment and Housing Manager 276 Fourth Avenue Chula Vista, CA 91910 (Signature page to follow.) SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City have executed this contract as of the date first written above. 3-51 2011-2012 ESG Contract Page 17 of 18 CITY OF CHULA VISTA James D. Sandoval City Manager, City of Chula Vista APPROVED AS TO FORM Glen R. Googins City Attorney ATTEST City Clerk South Bay Community Services Executive Director 2011-2012 ESG Contract 3-52 Page 18 of 18 ATTACHMENT A "SCOPE OF WORK" TRANSITIONAL HOUSING PROGRAM 2011-2012 The Contractor shall provide services to the homeless in accordance with City of Chula Vista's approved application to the U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant and Emergency Shelter Grant Funding. ESG funds will be used for short term transitional housing for low income homeless families (with children), most of whom aze victims of domestic violence. In addition to housing, families, together with SBCS staff, develop a treatment plan so that the client can work to re-establish self-sufficiency and end their homelessness. A. Emergency Shelter Grant eligible activities: Essential Services (42 U.S.C. 11374 and 24 CFR Part 576.3): SBCS staff will provide case management, child care, and transportation tokens to Casa Nueva Vida residents in order to re-establish self- sufficiency. Operations (42 U.S.C 11374(a) and 24 CFR Part 576.21 {a} { 3 } : Includes funding for staff salaries and other operating costs for Casa Nueva, a transitional housing facility, located at 31 4~' Avenue Chula Vista. B. Scope of Services: • Contractor will operate a transitional housing facility located at (City of Chula Vista) in compliance with the Casa Nueva Vida Policies and Procedures Manual for Fiscal Year 2009-2010. • Contractor will provide mental health counseling, trauma related services, assistance in finding housing, and substance abuse services. • Contractor will provide Child Care for clients participating in classes, job seazches, and other program activities Contractor will provide bus tokens so clients can attend classes at the South Bay Community Services main office site. • Contractor will provide safe and stable housing for homeless clients, most of whom are domestic violence victims, and their children. • Contractor will provide basic needs (food, shelter, clothing, and other needed items) for clients fleeing a domestic violence situation and other homeless clients. Objective 1: 50% of the program participants will find stable housing within 60 days of entering the short term transitional housing with a supportive services program. Objective 2: By June 30, 2012, 80 percent of residents will complete a range of self sufficiency activities during their stay in shelter and 80 percent will demonstrate greater self determination. Performance Measurement: The short term transitional housing facility will serve 90 extremely low-income homeless individuals and families that meet HUD's definition of homelessness. Outcome Evaluation 2010-2011 ESG Contract Attachment "A" -Scope of Work and Budget 3-53 Outcome 1: Maintain case files documenting beginning status of activities (e.g. housing, no income, no bank account), compared to ending status (e.g., finding stable housing, opening a bank account, establishing income). Outcome 2: Staff will administer Customer Satisfaction Questionnaires to help determine accomplishment of case plans. Outcome 3: Track Bank Accounts to determine savings accumulated needed for self sufficiency. B. DOCUMENTATION OF HOMELESSNESS Maintain adequate documentation of homelessness status to determine the eligibility of persons served by HUD's homeless assistance programs. The documentation shall be obtained by the participant or a third party at the time of the referral, entry, intake, or orientation to the ESG-funded project. A copy of the documentation shall be maintained in the client file. A person is considered homeless only when he/she resides in one of the places described below: • In places not meant for human habilitation, such as cars, parks, sidewalks, abandoned buildings, on the street; • In an emergency shelter; • In transitional or supportive housing for homeless person who originally came from the streets or emergency shelters; • In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; • Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks need to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habilitation; • Is being discharged within a week from an institution in which the person has been a resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or • Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. C. ESTIMATED BUDGET: Contractor will make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall Contractor be entitled to, or shall funds be reimbursed in excess of, the total compensation described in Pazagraph No. 3 (COMPENSATION SECTION) of this Contract. 2010-2011 ESG Contract Attachment "A" -Scope of Wotk and Budget 3-54 BUDGET Funding Requested 2010-11 BU@GET:TTEM i _,. ~ ' CHUTAVISTA Essential Services 1. Salaries 2. Benefits & PR Taxes 3. Child Care 18,000 4. Bus VouchersjTransportation 0 S. Program Supplies 6. Miscellaneous Total Essential $18,040 Operational Exepenses: 1. Salaries (Maintenance Staff) 8,862 2. Benefits & PR Taxes (Maintenance Staff) 1,513 3. Insurance 5,000 4. Office & Cansuma6le Supplies 1,200 5. Telephone & Utilities 15,425 5. Repairs & Maintenance 8,881 6. Postage & Printing 7. Food 11,000 8. Security 13,740 9. Motet Vouchers Total Operational $65,621 Adminsitrative Cost: 1. Salaries 0 2. Benefits & PR Taxes 0 3. Audit 0 4. IndirectJAdm in Total Admin $0 Total Costs $ 83,521 2010-2011 ESG Contract Attachment "A" -Scope of Work and Budget 3-55 ATTACHMENT `B" 2010 San Diego Income Limits Median Income: $75,500 HH of 1: $ • • 16,500 $ - • • 27,500 $ • • 44,000 HH of 2: $ 18,850 $ 31,400 $ 50,250 HH of 3: $ 21,200 $ 35,350 $ 56,550 • HH of 4: $ 23,550 $ 39,250 $ 62,800 HH of 5: $ 25,450 $ 42,400 $ 67,850 • HH of 6: $ 27,350 $ 45,550 $ 72,850 HH of 7: $ 29,250 $ 48,700 $ 77,900 HHof8: $ 31,100 $ 51,850 $ 82,900 2010-2011 ESG Contract 3-5 6 Attachment "B" -Income Limits Sample Documentation of Homelessness Participant Name: Referral Source: Phone: Current Livinca Situation (Check one): Livin Situation Documentation Re wired Residing in a place not meant for human Agency staff/outreach workers should prepare written information obtained from an identified habitation such as a cars, parks, sidewalks, third party regarding the participant's recent whereabouts. Statement must be signed and abandoned buildin s, on the street dated. Residing in an emergency shelter. Written verification (signed and dated and on agency letterhead) from emergency shelter staff that the individual is residin in the shelter. Residing in transitional or supportive housing Written verification (signed and dated and on agency letterhead) from the transitional housing for homeless persons who originally came from facility staff: the streets or an emergency shelter. Indicating the individual is a resident there; and • The individual's was either residing in places not meant for human habitation or an emer en shelter when he/she entered the facili In any of the above places but is spending a Written verification (signed, dated and on agency letterhead) from the discharging short time (up to 30 wnsecutive days) in a institution's staff that the participant has been residing in the institution for less than hospital or other institution 30 days; and • Information on the previous living situation. Preferably, this will be the institution's written, signed, and dated verifcation on the individual's homeless status when he/she entered the institution. • If the institution's staff did not verify the individual's homeless status upon entry into the institution, you will need to verify that status yourself, according to the instructions above. Is being evicted within a week from a private Agency staff/outreach workers should obtain a copy of eviction forms and written dwelling unit and no subsequent residence has verification that the person lacks resources and support networks. Statement must be been identified and the person lacks the signed and dated. resources and support networks needed to obtain housing or their housing has been condemned by housing officials and is no Ion er considered meant for human habitation Is Being discharged within a week from an Written verification (signed, dated and on agency letterhead) from the discharging institution in which the person has been residing institution's staff that the participant has been residing in the institution for less than for more than 30 consecutive days and no 30 days; and subsequent residence has been identifed and Information on the previous living situation. Preferably, this will be the institution's the person Tacks the resources and support written, signed, and dated verification on the individual's homeless status when he/she needed to obtain housing. entered the institution. • If the institution's staff did not verify the individual's homeless status upon entry into the institution, you will need to verify that status yourself, according to the instructions above Vert the lack of resources Is fleeing a domestic violence housing situation Agency staff/outreach workers should prepare written information obtained from the and no subsequent residence has been participant stating the person is Fleeing a domestic violence situation. Statement must be identified and the person lacks the resources signed and dated. and support networks needed to obtain Verify the lack of resources including support networks housing. Obtain co ies of restrainin orders, court orders. I certify that the information presented above is true and accurate. Required documentation is attached. Signature of Authorized Grantee/ Project Sponsor Representative Date 2010-2011 ESG Contract 3-$ ~ Attachment "B" -Income Limits ATTACHMENT C Disclosure Statement*** Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1 above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation partnership) entity. 3. If any person* identified in section 1 above is anon-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor ofthe tmst. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. 5. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes^No^ If ves, briefly describe the nature of the financial interest the official** may have in this contract. 6. Has any person* anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, projector application, made a campaign contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No^Yes^ which Council 7. Has any person* identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** ofthe City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes^No^ If Yes, which official** and what was the nature of item provided? s-sa 2010-2011 ESG Contract Attachment "C" -Disclosure Statement 8. Has any person* identiSed in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past twelve (12) months? Yes^No^ official** and the nature of the income Signature of Contractor/Applicant Print or type name of Contractor/Applicant * Person is defined as: any individual, fum, co-partnership,joint venture, association, social club, fraternal organization, corporatioa, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a boazd, commission, or committee of the Ciry, and Ciry employees or staff members. *** This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. 2010-2011 ESG Contract Attachment "C" -Disclosure Statement 3-59 Attachment 5 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program t. rvame of Gmmee tas snown m nem a or stancam roan ual s. ummee~s s-mgtt i ax iu riunmer a. Gate use of funtls may begin City of Chula Vista 95-6000690 07/01/10 276 Fourth Avenue Chula Vista, CA 91910 Form B-10.MC-06-0540 6b. sc. Utant Agreement This Grant Agmemen[ between the llepartment of Housing and Urban Development (HUD) and the above named Grantee is made pursuant W the nuNOri[y of Title 1 of [he Housing and Community Development Act of 1974, as amended, (42 USC 5301 et segJ. The Crtnntee's submissions for Title i assislmce, the HUD mgulations at 24 CFR Part 570 (es now in effect and as may be amended from time to time), and this Funding Approval, including any special condidons, constimle part of the Agreement. Suhj ect to [he provisions of this Gran[ Agreement, HUD will make [he funding assistance specified here available fo the Gmntce upon execudon of [he Agreement by the pardes. The funding assistance spce~ed in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above psnvided the activities to which such costs nor [elated are canied out in compliance with all applicable requimtcents. Pre-agreement costs may no[ be paid with funding assistance specified here unless they am authorized in HUD reguladons or approved by waiver and listed in the special condidons to the Funding Approval. The Grantee agrees to assume all of [he responsibilities for environmental review, decision snaking, and actions, as specified and required in regulations issued by the Secretory pursuant [o Section 104(g) of Title i and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agrcemenl by William Vasouez I James D. Sandoval Director, Offy9g of Community Planning and Development ~ Citx Manager _ ~ A /) Slgna Date (mMd Sign a Data Mdd yyyy) 7 7. Category o Tiile I Assistan or this Fundi g A io 8. Spec ond~ ns ~ 9a. Dale HUD Received Submission 10. check one (check only one) (ch one) 5/17/2010 ®a. Orig. Funding ® a. Enlitlemant, Sec 106(6) None 96, Dale Grantea Notilied Approval ^ b. SNate-Administered, Sec 106(d)(1) ®Attached 6/30(2070 ^ b. Amendment ^ c.HUD-Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start of Program Year AmendmentNumber ^ d. Indian CDBG Programs, Sec 106(a)(i) 07/07/2010 ^ e. Surylus Ufoan Renewal Funds, Sec 112(6) 11, Amount of Community Development ^ f. Spedal Purpose Grants, Sec 107 Block Grant FY (2010) FY ( ) FY ( ) ^ g. Loan Guaramee, Sec 108 a. Funds Reserved for this Grantee $2,167,801 b. Funds now being Approved $2,167,801 c. Reservation to be Cancelled _0_ 11 a minus 11 b 12a. Amountof Loan Guarantee CommBment now beie Aooroved 126. Name and comolete Add ress of Public Aoencv The public agency hemby accepts the Grant Agreemrn[ executed by the Deptvrmcnt of Housing and Urban Development on the above date with inspect to the above grant number{s) as Grantee designated to receive loan guarantee assistance, and ogees to comply with the temrs and condidons of the Agreement, applicable regulations, and other mquirements of HUD now or hereafter in effect, pertaining to the assistance provided it. t1UU ACCOUOiIng USe VOIy Eflecfive Date Batch TAC Program Y A Reg Area Doament No. Project Number Category Amount (mm/tkllyyyy) F 1 7 6 ~ ~ ~ ~ m Y Project Number Amount Y Pro eci [Number ~ ~ Date Entered PAS (mmJddtyyyy) Dafe Entered LOCCS (mmldNyyyy) Batch Nurt~e r Transacfion Code Entered By Verified By 3-60 CONIlbIUNITY DEVELOPMENT BLOCK GRANT SPECIAL CONDITIONS Executive Order 12372 The special condition for the Community Development Block Grant Program, Funding Approval Agreement (HUD 7082), concerning the review procedures under Executive Order 12372 - Intergovernmental review of Federal Programs and HUD's implementing regulations 24 CFR, Part 52, restricts the obligation or expenditure of funds for the planning or construction of water or sewer facilities until the completion of the review process and receipt of written notification of a Release of Funds from HUD. In the event that the grantee amends or otherwise revises its Consolidated Plan/Action Plan to use funds for the planning or construction of water or sewer facilities, a written Release of Funds notice from the Department must be obtained before obligating or expending funds for such activities. 3-61 Grant No.: 5-10-MC-06-0540 Official Contact Person: Angelica Davis Telephone No: (619)691-5036 FAX: (6191476-5310 E-mail Address: adavis@ci.chula-vista.ca.us Tax ID No: 95-6000690 Unit of Government No: FY 2010 LOCAL GOVERNMENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Citv of Chula Vista the grantee, for FY 2010 of the Emergency Shelter Grants Program in the amount of 88 021. This grant was authorized by Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition, the grant operates through HUD's regulations at 24 CFR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certif cations, the Secretary agrees, upon execution of the Grant Agreement, to provide the grantee with the agreed grant funds. The grantee must comply with requirements for record keeping and annual performance reporting to HUD within 90 days after the close of its consolidated program yeaz, as required by 24 CFR 91.520. This includes the information collected through HUD's Integrated Disbursements and Information System (]DIS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information wIll be used for program monitoring and evaluation purposes. The grantee agrees to follow HUD standards for participation, data and reporting under a local HMIS, as published in the 7uly 30, Federal Register notice (69 FR 45888) as clarified by an October 19, 2004, Federal Register notice (69 FR 61517) on domestic violence shelter participation. The grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which may receive funding assistance. The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. 3-62 The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 USC 11375(a)(1). The following parties execute this Grant Agreement on the dates set forth below as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban D ~~~ William Vasquez Typed Name of Signatory Director. Office of Community Planning and Development Title GRANTEE By: i~~ Signature and Date James D. Sandoval Typed Name of Signatory CitYManaaer Title 3-63 Funding Approval and HOME U.S. Department of Housing OMB Approval No. 2506-0171 and Urban Development (Exp.12/3tl2012) Investment Partnerships Agreement Office of Community Planning Title II of the Natonal Affordable Housing Act and Development Public reporting burden for this collection of information is esfimated to average 1 hour per response, includng the time for reviewing instructloru, seamhing existing data sources, gathering end maintaining the data needed, and completlng and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a colection of Information unless that collection displays a valid OMB control number. The HOME statute Imposes a signifcant number of data collection and reporting requirements. This Includes Information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track pertortnance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to detertnina whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection Is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information cdiectetl will be maintained by the recipienfs of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. Participant Name and Address City of Chula Vista 276 Fourth Avenue 2. Participant Number M-10-MC-06-0505 3. Tax Identification Number Chula Vista, CA 91910 4. Appropriation Number 869/10205 5. FY 2010 6. Previous Obligation (Enter "0" for initial FY allocation) a. Formula Funds $ ~- b. Community Housing Development Org. (CHDO) Competitive $ _ - 7. Curent7rensection(+or-) $996,287 a. Formula Funds $996,287 ~`-° ' 1. CHDO (For deobligations only) $ 2. Non- CHDO (For deobllgatlons only) $ _ b. CHDO Competitive Reallocation or Deobligatlon (see #18 below) $ a. Formula Funds b. CHDO Competitive Reallocation ~ $ ~ ~_ _ 9. Special Conditions (check applicable box) 10. Date of Obligation (Congressional Release Date) i,~l`1ot applicable ^Attached 6/30/2010 This Agreement between the Department of Housing and Urban Development (HUD) and the Participating JurisdiclioMEntity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.G. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as is now In effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions, consthute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fscal Year specified, available to the Participating JurisdictioNEntity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participatlng Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Junstliction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Pan 92, HUD may, by ifs execution of an amendment, deobligate funds previously awarded to the Participatlng JudsdictioNEntlty without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdictlon/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulatlon at 24 CFR 92.352 and 24 CFR Part 56. 11. For the U.S. Department of HUD (Name and Title of Authorized Official) 12. i nature 13. Date William Vasquez, Director, Office of CPD 6/30/2010 14. For Ne Participating JurisdictioNEntity (Name and Tifle of Authorized Official) 15. Si a e 16. Date ~/~ James D. Sandoval, City Manager /J r 7 ~z one: ® Initial Agreement ^ Amendment 64 form HUD-40093 (04/2004) ATTACHMENT b Howsin9 and ~ommwnity Development Pabli~ Comments 1) At this time I would prefer that affordable housing receive less funding and more funding be earmarked for recreation centers, library services, homeless and Lauderbach. 2) Your infrastructure upgrade in Castlepark is great! 3) The priorities should not always be to quiet noisy residents. 4) Many families are not able to attend City Council at 4:00 p. m. 5)EMending hours at recreation centers and I strongly recommend funding for this program (South Bay Community Services Wings program for young girls) has helped with communication between child and parents. It offers events for my child to participate in and learn to organize their time and learn better study habits. Helps prepare for their future. The people are doing a tremendous job and are learning so much more. I/We appreciate your professionalism and prudent and balanced approach to fund allocation. Let me know how we can better serve the community. 2011-2012 Annual Action Plan CDBGIHOMEIESG Pa9ef 1) The 2011-2012 proposed spending plan does not contain any affordable housing projects. However, a small portion of CDBG will be used for a loan rehabilitation program for low/moderate income households. 2)-5)Comments received. No further response necessary. Comments received. No further response necessary. nfc rn~ciuurl 'Rafurrnri in hnmohuvar Comments received. No further response necessary. Attachment No. 6 3-65 Comment Retpense Flousin9 and Community Development Public Comments Page 2 Cem~ne~ „, :.,, Response 1) Have all applicants complete CDBG applications. 1) In order to be considered for funding, all 2) Modify CDBG application toshow % of organizations requesting funding must provide a applicant budget used for administration. complete application. 3) Modify CDBG application to who number of 2) The budget portion of the application includes people helped and of those, number of Chula Vista aline item budget itemizing the activities to be peopled helped. funded with the grant, including administrative functions. 3) Applicants must report how many persons have been and will be served through the program, broken down by Chula Vista and Non-Chula Vista residents. The proposed funding plan does not include funding for the Family Health Center Mobile Health Care Unit. Additional consideration should be given to funding for this organization and program. The City received a 16.3% reduction in funding in 2011-2012. Although the Consolidated Plan includes health care is a priority, Family Health Centers of San Diego received a $120,000 in Community Development Block Grant capital improvement grant for improvements to the facility located on Landis. In addition, on April 5, 2011, City Council approved a contract amendment allowing FHCSD to use the $70,000 in cost savings to make additional improvements to serve an additional 2,000 persons. 2011-2012 Annual Action Plan CDBGIHOMEIESG Attachment No. 6 3-66 COUNCIL RESOLUTION NO.2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE FISCAL YEAR 2011- 2012 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT/CONTRACTOR; AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANTS WHEREAS, as a Department of Housing and Urban Development (HUD) entitlement community, the City of Chula Vista receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and the Home Investment Partnerships Program (HOME); and WHEREAS, staff has prepared the Fiscal Year 2011-2012 Annual Action Plan ("FY 2011-2012 Action Plan") using the goals set forth in the 2010-2015 Consolidated Plan ("Consolidated Plan") and the per HUD Rules and Regulations; and WHEREAS, the City will receive a Fiscal Year 2011-2012 CDBG entitlement of $1,816,617; a Fiscal Year 2011-2012 HOME entitlement of $983,181; and a Fiscal Year 201- 2012 ESG entitlement of $88,021; and WHEREAS, the City followed its Citizen Participation Plan and held public hearings on housing and community needs on November 9, 2010, and March 22, 2011, at which time public testimony was received and considered by the City Council with respect to the FY 2011- 2012Action Plan; and WHEREAS, staff has determined that the proposed activities eligible for CDBG funding meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and WHEREAS, staff has determined that the sub-recipients/contractors identified in the FY 2011-2012 Action Plan and Attachment A (attached hereto) are experienced and staffed in a manner such that they can prepaze and deliver the services required by the City; and WHEREAS, in the event that HUD withdraws the City's CDBG funding, the City is not obligated to compensate the sub-recipients/contractors for program expenditures; and 3-67 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: 1. That it approves the Fiscal Year 2011-2012 Annual Action Plan ("FY 2011-2012 Action Plan") for the Community Development Block Grant (CDBG), Home Investment Partnership Act (HOME), and the Emergency Shelter Grant (ESG) Programs. 2. That it authorizes the City Manager or his designee to execute agreements for management and implementation of the FY 2011-2012 Action Plan between the City of Chula Vista and each sub-recipient/contractor, identified in the FY 2011-2012 Action Plan and Attachment A (attached hereto), substantially in the form provided in the Agenda Statement as Attachments 3 and 4. 3. That it authorizes the City of Chula Vista Housing Manager to enter into a Memorandum of Understanding with the Director of Public Works for the Graffitti Abatement and Third Avenue Streetscape Projects and a Memorandum of Understanding with the Director of Recreation for the Norman Park Senior Center Project. 4. That it authorizes the City Manager to execute the HUD Funding Approval Agreements (Attachment 5 to the Agenda Statement) and any other related documents necessary to obtain the HUD grants. Presented by: Gary Halbert, P.E., AICP Deputy City Manager -Development Services Director Approved as to form by: Glen R. Googins City Attorney 3-68 ATTACHMENT A loon-rront yr amzanons ~ ~ ~•~ Adult Protective Services Trans ortation $ 11,000.00 Interfaith Shelter Network Interfaith Shelter Network $ ] 0,350.00 South Ba Communi Services South Ba Food Pro ram $ 10,000.00 San Die o Food Bank Food 4 Kids Back Pack Pro ram $ 15,000.00 Meals on Wheels Meals on Wheels $12,000.00 Chula Vista Communi Collaborative Assessment, Referral, and Emer ency Services $ 39,312.00 Lutheran Social Services Pro'ect Hand $ 27,830.00 South Ba Communi Services Family Violence Treatment Program/South Bay Justice Network Pro ram $ 34,000.00 South Ba Communi Services Services for High-Risk and Homeless Youth $39,550.00 Re Tonal Task Force on the Homeless Regional Task Force on the Homeless $ 3,000.00 South Ba Communi Services Casa Nueva Vida (ESG) $ 88,021.00 Ci of Chula Vista Public Works Third Avenue Streetsca e $375,222.00 Ci of Chula Vista Recreation Norman Park Senior Center $51,133.00 Graffiti Abatement (Public of Chula Vista Public Works of Chula Vista Public Works Graffiti Abatement 3-69