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HomeMy WebLinkAboutC-4529 - Community Development Block Grant (CDBG) Public Services Agreement FY 11-12I CDBG PUBLIC SERVICES AGREEMENT Between the City of Newport Beach and Age Well Senior Services, Inc. THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 16' day of July, 2011, by and between the City of Newport Beach (`City"), a Municipal corporation and Charter City of the State of California, and, AGE WELL SENIOR SERVICES, INC., a California nonprofit public benefit Corporation ("Subrecipient'), and is made with reference to the following facts: RECITALS A. City has entered into various funding agreements with the United States Department of Housing and Urban Development ( "HUD "), which agreements provide funds ( "CDBG Funds ") to the City under the Federal Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.), as amended from time to time (the "Act "), and the regulations promulgated thereunder (Code of Federal Regulations, Title 24, Volume 3, 24 C.F.R. § 570 et seq.) ( "Regulations "). B. Subrecipient has applied to City for CDBG Funds to aid in the cost of Subrecipient's operation of its HOME - DELIVERED MEAL PROGRAM, which provides home - delivered meals to homebound senior citizens living in the Newport Beach area (the "Program "). C. The Program is eligible for a grant of CDBG Funds and the City desires to assist in the operation of the Program by granting CDBG Funds to the Subrecipient to pay for a portion of those costs incurred in operating the Program, permitted by the Act and the Regulations on terms and conditions more particularly set forth herein. D. On April 26, 2011, the City Council approved the issuance of CDBG Funds, in an amount not to exceed EIGHTEEN THOUSAND FOUR HUNDRED NINETY -TWO DOLLARS AND 001100 ($18,492.00), to Subrecipient for these services. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto agree as follows: Subrecinient's Services. A. Statement of Services. Subrecipient shall utilize City's CDBG Funds to provide the services outlined in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by this reference. Subrecipient agrees that the Scope of Services contains an accurate estimate of the number of people to be assisted during the 2011 -2012 Fiscal Year. B. Schedule for Completion. Subrecipient shall provide its services under this Agreement for a 12 -month period commencing July 1, 2011 and ending June 30, 2012. C. Standard of Care. As a material inducement to City to enter into this Agreement, Subrecipient hereby represents and warrants that it has the expertise and experience necessary to perform the services as set forth in the Scope of Services according to the standards employed by other professionals engaged in this type of work. D. Budget. Subrecipient represents that it shall perform the services as set forth in the Scope of Services pursuant to the "Proposed Budget" included in the Scope of Services. E. Subrecipient represents that the Proposed Budget includes only allowable costs and an accurate analysis of costs acceptable under the CDBG Program pursuant to the Regulations (24 C.F.R. § 570.502(b)), which includes requirements for compliance with OMB Circular No. A -122, "Cost Principles for Non - Profit Organizations" or OMB Circular No. A -21, "Cost Principles for Educational Institutions," as applicable and certain Attachments to OMB Circular No. A -110 with subparts A, B, C, D and Appendix A. These items shall be in sufficient detail to provide a sound basis for the City to effectively monitor performance under this Agreement. 2. Term of Agreement. This Agreement is effective from July 1, 2011 through June 30, 2012, unless earlier terminated pursuant to Section 16. 3. Compensation. A. Upon compliance with the reporting requirements outlined in Section 6 below, City shall reimburse Subrecipient an amount not to exceed EIGHTEEN THOUSAND FOUR HUNDRED NINETY -TWO DOLLARS AND 001100 ($18,492.00), which shall constitute full and complete reimbursement for the implementation of this Agreement for the entire award year from July 1, 2011 through June 30, 2012. The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of such funds by City from HUD and shall not be a charge on any other funds of City. Payment shall be made in equal quarterly installments upon approval by City of the quarterly reports as required by Section 6 below. The quarterly installment payments shall be submitted by October 10, 2011, January 10, 2012, April 10, 2012, and July 10, 2012. City shall pay such installment payments within thirty (30) days after receipt of the quarterly reports, provided City is satisfied that such expenses were incurred within the scope of this Agreement and that Subrecipient is in compliance with the terms and conditions of this Agreement. B. In the event Subrecipient is in default under the terms of this Agreement, City shall have no obligation to continue reimbursing Subrecipient for any work performed after the date of default. 4. Compliance with Laws. Subrecipient agrees to comply with the following federal, state and City requirements in the performance of this Agreement: A. Executive Order 11246 (as amended by Executive Orders 11375 and 12086 (1978)) and implementing regulations at Title 41 C.F.R. Chapter 60, which requires that during the performance of this Agreement, Subrecipient agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Subrecipient shall consider all applicants without regard to their race, religion, sex, or national origin with respect to the following without limitation: employment, upgrading, demotion, or transfer: recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subrecipient agrees to post in conspicuous places, available to employees and employment applicants, notices setting forth the provisions of this nondiscrimination clause. B. In its solicitations or advertisements for employees, Subrecipient shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The restrictions against discrimination as required by Executive Order 11063, as amended by Executive Order 12259 and implementing regulations at Title 24 C.F.R. Part 107. D. Title VI of the Civil Rights Act of 1964, and Section 109 of the Housing and Community Development Act of 1974, which provides that no person shall, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. E. Section 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93 -112), as amended, and implementing regulations. F. The Age Discrimination Act of 1975 (Pub. L. No. 94 -135), as amended, and implementing regulations. G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended (Title 24 C.F.R. Part 42). H. The restrictions prohibiting use of funds for the benefit of a religious organization or activity as set forth in Title 24 C.F.R. Part 570.2000). The labor standard requirements as set forth in Title 24 C.F.R. Part 570, Subpart K and HUD regulations issued to implement and requirements. J. The Program Income requirements as set forth in Title 24 C.F.R. Parts 570.504(c) and 570.503(b)(8). K. The Subrecipient is to carry out each activity in compliance with all Federal laws and regulations described in 24 C.F.R. Part 570, Subpart K, except that the Subrecipient does not assume the City's environmental responsibilities described at 24 C.F.R. Part 570.604; nor does the Subrecipient assume the City's responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52. L. The flood insurance purchase requirement of Section 102(a) of the Flood Disaster Protection Act of 1978 (Pub. L. No. 93 -234). M. The regulations, policies, guidelines and requirements of Title 24 C.F.R. Part 570; the "Common Rule," Title 24 C.F.R. Part 85 and Subpart J; OMB Circular Nos. A -102, Revised, A -87, A -110 and A -122 as they relate to the acceptance and use of federal funds under the federally- assisted program. N. Title VII of the Civil Rights Act of 1968 (Pub. L. No. 90 -284) as amended. O. The Lead -based paint requirements of Title 24 C.F.R. Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.). P. Maintain property inventory system to numerically identify HUD purchased property and document its acquisition date as is set forth in OMB Circular A -110 Attachment N Property Management Standard 6d. Q. Such other City, County, State, or Federal laws, rules, and regulations, executive orders or similar requirements which might be applicable. R. City will use federal funds to pay Subrecipient for the services to be performed under this Agreement. Title 31 U.S.C. Section 1352 prohibits any recipient or subrecipient of federal funding from using such funds to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress or an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension of, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. S. Every person who requests or receives a federal contract, grant, loan or cooperative agreement from a federal agency or receives or requests from a federal agency a commitment that would provide for the United States to insure or guarantee a loan must file with that agency a written declaration and certify that he or she has not made and will not make any prohibited expenditure. Further, any person who requires or receives from a person referred to above, a subcontract under a federal contract, a subgrant or contract under a federal grant, a contract or subcontract to carry out any purpose for which a particular federal loan is made, or contract under a federal cooperative agreement, is required to file a written declaration with the person who received the federal contract, grant, loan or commitment to insure or guarantee a loan. T. Subrecipient receives no program income as defined in Title 24 C.F.R. Part 570.500(a). U. Subrecipient shall comply with applicable uniform administrative requirements as described in Title 24 C.F.R. Part 85.22 and OMB Circular A -87 and A -122 and Title 24 C.F.R. Part 570.502. V. This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended; Title 24 C.F.R., Part 570; City's CDBG Program Guidelines; and all amendments or successor regulations or guidelines thereto. 5. Financial Records. Subrecipient shall keep records of all federal funds received from City under the terms and conditions of this Agreement and of all costs and expenses related to the program in accordance with the provisions contained in the Federal Office of Management and Budget Circular A-1 10 with its subparts and appendix. The Subrecipient shall maintain these records and reports to assist the City in maintaining its record - keeping requirements for the duration of the Agreement and for five (5) years after the termination or expiration of this Agreement. All federal funds received by subrecipient from City pursuant to this Agreement shall be maintained separate and apart from any other funds of Subrecipient or of any principal or member of Subrecipient in an account in a banking or savings and loan institution. No costs shall be invoiced/ billed except for expenditures authorized in the Scope of Services. The itemized costs shall be sufficient detail to provide a sound basis for the City to effectively monitor costs under the Agreement. Subrecipient also agrees to use the Payment requests /Invoice Forms as provided by the City. 6. Reporting Requirements. Subrecipient agrees to provide the City with a written quarterly summary and an unduplicated count of persons and /orfamilies benefiting bythe Subrecipient's Program on or before the 10th day of the following months: October 2011, January 2012, April 2012, and July 2012, setting forth its activities for the previous quarter. The quarterly report shall contain, without limitation, the ethnic group, income level, female head of household status, and other data as may be requested by City, of each person assisted and the result of such assistance. If Subrecipient fails to do so, City may withhold funds until the required written quarterly reports are received. In addition to the quarterly report, Subrecipient shall, on or before July 10, 2012, furnish City with a summary of Subrecipient's activities for the fiscal year commencing July 1, 2011. Such summary shall include the following: (i) Documentation of the income level of persons and /or families participating in or benefiting by the Subrecipient's Program. (ii) Ethnic and Head of Household data, consistent with HUD's Grantee Performance Report requirements. (iii) Additional information such as new pamphlets, copies of newspaper articles, or brief reports on any special accomplishments during the year. Inspection of Records. Subrecipient shall make available performance, financial and all other records pertaining to each project or business activity that is funded by CDBG funds under this Agreement for inspection and audit by the City or HUD's representatives, upon request, at any time during the term of this Agreement and during a period of 5 years thereafter. All such books and records shall be maintained by Subrecipient at a location in Orange County. Failure of Subrecipient to comply with the requirements of this section shall constitute a material breach for which City may terminate or suspend this Agreement. This section shall survive the expiration or termination of this Agreement. A. The City and the United States Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Subrecipient's activities and performance, to books, documents, and papers, and the right to examine records of Subrecipient's subcontractors, bookkeepers, and accountants, employees, and participants in regard to said program. B. The City and the United States Government and /or their representative shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipients are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. C. In the event Subrecipient does not make the above - referenced documents available at the location where services are provided, Subrecipient agrees to pay all necessary and reasonable expenses incurred by the City in conducting any audit at the location where the records and books of account are maintained. Audit Exceptions. Subrecipient agrees that in the event the Program established hereunder is subjected to audit exceptions by appropriate state and federal audit agencies, Subrecipient shall be responsible for complying with such exceptions and for paying City the full amount of City's liability to the funding agency resulting from such audit exceptions. Subcontracts. City shall approve all subcontracts in writing. Any subcontracts entered into by Subrecipient for services rendered toward completion of Subrecipient's portion of this Agreement shall be for Subrecipient's benefit alone and, as such, shall be its responsibility with no liability resting with City. Subrecipient agrees to provide City, within 10 business days of execution of this Agreement, a list of all subcontractors to be used in connection with Subrecipient's services hereunder. 10. Status as Independent Contractor. Subrecipient is, and shall at all times remain as to City, a wholly independent contractor. Subrecipient shall have no power to incur any debt, obligation or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Subrecipient or any of Subrecipient's employees, except as set forth in this Agreement. Subrecipient shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Subrecipient shall fully comply with the worker's compensation law regarding Subrecipient and Subrecipient's employees. Subrecipient further agrees to indemnify and hold City harmless from any failure of Subrecipient to comply with the worker's compensation law. 11. Conflict of Interest. Subrecipient, its agents and employees shall comply with applicable federal, state and local laws and regulations governing conflict of interest. Subrecipient covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that may be affected by the services to be performed by Subrecipient under this Agreement, or that would conflict in any manner with the performance of its services hereunder. Subrecipient further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Subrecipient shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. Subrecipient agrees not to accept any employment or representation during the term of this Agreement that is or may likely make Subrecipient "financially interested" (as provided in California Government Code sections 1090 and 87100) in any decision made by City on any matter in connection with which Subrecipient has been retained pursuant to this Agreement. 12. Warranty and Representation of Non - Collusion. No official, officer, or employee of the City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the City participate in any decision relating to this Agreement which may affect his /her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State laws and shall not include interest found to be "remote" or "non interest' pursuant to California Government Code Sections 1091 and 1091.5. Subrecipient warrants and represents that (s)he /it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement. Subrecipient further warrants and represents that (s)he /it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Subrecipient is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Subrecipient's Initial 13. Indemnification. To the fullest extent permitted by law, Subrecipient shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Subrecipient's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Subrecipient, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Subrecipient to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attomey's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the Subrecipient. 14. Insurance. Without limiting Subrecipient's indemnification of City, and prior to commencement of work, Subrecipient shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Subrecipient shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Subrecipient shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Subrecipient, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Subrecipients bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Citys Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Subrecipient shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Subrecipient's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Subrecipient shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' G] Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Subrecipient shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Subrecipient shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Subrecipient shall maintain automobile insurance covering bodily injury and property damage for all activities of the Subrecipient arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Subrecipient shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Subrecipient or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Subrecipient hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions. Subrecipient acknowledges and agrees that any actual or alleged failure on the part of the City to inform Subrecipient of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. ID] iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Subrecipient agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Subrecipient shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Subrecipient's performance under this Agreement. F. Additional Insurance. Subrecipient shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. Cooperation. In the event any claim or action is brought against City relating to Subrecipient's services under this Agreement, Subrecipient shall render any reasonable assistance and cooperation that City might require. 16. Termination. A. This Agreement may be terminated at any time by either party without cause upon thirty (30) day written notice to the other party. City may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for this Agreement activity or if for any reason the timely completion of Subrecipient's services is rendered improbable, infeasible or impossible. Additionally, City may terminate this Agreement upon seven (7) day written notice if City determines in its sole discretion that such action is necessary to respond to an earthquake, fire or other act of God. In such event, Subrecipient shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have not been previously reimbursed, to the date of such termination, limited to the extent CDBG Funds are available. B. In accordance with Title 24 C.F.R. Part 85.43, suspension or termination may occur if Subrecipient materially fails to comply with any term of the 11 award. C. If the funding source demands reimbursement for prior payments to Subrecipient due to Subrecipient's failure to comply with any applicable term of this Agreement, regulation or statute, Subrecipient shall reimburse City in the amount of such disallowed payments. D. The award may be terminated for convenience in accordance with Title 24 C.F.R. Part 85.44. E. Upon expiration of this Agreement, Subrecipient shall transfer to City any funds paid pursuant to this Agreement that are on hand at the time of expiration and any accounts receivable attributable to the use of such funds. 17. Reversion of Assets. A. Upon the termination or expiration of the term of this Agreement, Subrecipient shall comply with Title 24 C.F.R. Part 570.503(b)(8) and transfer to the City any CDBG funds on hand at the time of such termination or expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of twenty-five thousand dollars ($25,000.00) shall either be: (a) Used to meet one of the national objectives stated in Title 24 C.F.R. Part 570.901 until five (5) years after termination or expiration of this Agreement; or (b) disposed of in a manner that results in the City's being reimbursed in the amount of the current fair - market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement to the City shall not be required if the property is disposed of more than five (5) years after the termination or expiration of this Agreement.. Subrecipient shall not dispose of any real or personal property acquired in full or in part with CDBG funds through sale, use or relocation without the expressed and prior written permission of the City. 18. Lobbying. A. No Federal appropriated funds shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 12 B. 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, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, cooperative agreements) disclose accordingly. 19. Notices and contracts under grants, loans, and and that all subrecipients shall certify and Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving parry's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business dayfollowing deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. City Subrecipient: City of Newport Beach Attn: Kimberly Brandt, AICP Director of Community Development Community Development Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Age Well Senior Services, Inc. Attn: Dr. Marilyn L. Ditty, CEO 24300 Ell Toro Rd., Bldg. A, Suite 2000 Laguna Woods, CA 92637 20. Non - Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Subrecipient shall not discriminate against any employee, subcontractor or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical 13 condition or sexual orientation. 21. Conditions for Religious Organizations: If Subrecipient represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization, Subrecipient agrees that, in connection with such public services: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis or religion; B. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis or religion; C. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; and E. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; Provided that, minor repairs may be made if such repairs (1) are directly related to the public services, (2) are located in a structure used elusively for nonreligious purposes, and (3) constitute in dollar terms only a minor portion of the CDBG expenditure for the public services. F. Subrecipient shall comply with all applicable conditions of Title 24 C.F.R. Part 570.503(b)(6) prescribed by HUD for the use of CDBG funds by religious organizations if Subrecipient is a religious organization. 22. Assignment and Subcontractin Subrecipient shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Subrecipient's obligations hereunder, whether by assignment or notation, without the prior written consent of City, and any attempt by Subrecipient to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Code of Conduct. Subrecipient agrees that no officer, employee, agent or assign of City having direct or indirect control of federal funds granted to the City shall serve as an officer of 14 Subrecipient. Further, any conflict or potential conflict of interest of any officer of Subrecipient shall be fully disclosed prior to the execution of this Agreement and shall be attached to and become a part hereof. 24. Drug Free Workplace. Subrecipient shall comply with the Drug -Free Workplace Act, and shall make a good faith effort to continue to maintain a drug -free workplace, including establishing a drug - free awareness program to inform employees about the dangers of drug abuse and the Subrecipient's policy and penalties for drug abuse violations occurring in the workplace. 25. Non - Waiver of Terms. Riahts and Remedies. Waiver by either party of any of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Subrecipient constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Subrecipient, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 26. Laws Governing This Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27. Validity. If any portion of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, void and unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 28. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Subrecipient. ThisAgreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties and approved by the City Attorney that expressly refers to this Agreement. 29. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 15 30. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attomeys' fees. [SIGNATURES ON NEXT PAGE] 16 IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as of the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By:y�-- Leonie Mulvihill, Assistant City Attorney City of Newport Beach CITY OF NEWPORT BEACH A Municipal Corporation �� 6'-- By: `_� Dave Kiff City Manager ATTEST: SUBRECIPIENT: Age Well Senior Services, Inc. By: By: 9- As. Leilani Brown, (Corpora e Officer) City Clerk ®pi Title: P re. ,.,06-4 ZlLPFOF'a Exhibit A: Scope of Services A Print Name: S-fet.,e^ 4. 7n Z (Financial Officer) Title: Print Name:7:m [END OF SIGNATURES] 17 Exhibit A THIS PAGE LEFT CLANK INTENTIONALLY 4 �R WP CITY OF NEWPORT BEACH CDBG °Rto &P,p Exhibit A: Home - Delivered Meal Program Project: Home - Delivered Meal Program Organization: Age Well Senior Services, Inc. Description: Age Well Senior Services, Inc. will provide home - delivered meals to homebound senior citizens (ages 62 years or older) who are unable to prepare meals for themselves due to age, illness, or disability. This program allows clients who may otherwise be institutionalized to live independently. Participants will receive three (3) subsidized daily meals Monday through Friday. CDBG funds will be used to pay for a portion of the salary of home - delivered meal staff. F HUD Matrix Code: 05A CDBG $18,492 Senior Services Eligibility Citation: 570.201(e) HOME $0 National Objective: Low Mod Clientele ESG $0 570.208(a)(2)(i)(A) Accomplishment 100 Persons HOPWA $0 Goal: Start Date: 07/01/2011 Other: $1,559,440 End Date: 06/30/2012 Total: $1,577,932 Age Well Senior Services, Inc. 24300 El Toro Road, Suite 2000 Available to clientele throughout City Laguna Woods, CA 92637 Help the homeless? No Help persons with HIV / AIDS? No Help persons with Special Needs? Yes Dr. Marilyn Ditty Executive Director ector Phone: (949) 855 -8033 IMIJ Exhibit A: Page 2 of 3 Special Provisions The following are special provisions that are required as a condition of receiving Community Development Block Grant (CDBG) funds. Failure to comply with these requirements may lead to possible findings, a breach of the agreement, and/or the repayment of the funds received under this agreement. In the Special Provisions section, the term "Operating Department" shall refer to the City Department that is responsible for the oversight of the project. The term "Operating Agency" or "Subrecipient" shall refer to the Community Based Organization (non- profit) that is receiving CDBG funds. The term "CDBG Program Staff' shall refer to the Director of Recreation and Community Services. Subrecipient AgreementlConsultation Services: The Operating Department/Agency shall execute a professional services agreement with each consultant/contractor prior to incurring any costs or distributing any CDBG funds, in compliance with federal contractual requirements. Program Income: The Operating Agency will track and report all program income generated from the use of CDBG funds, as defined in 24 CFR, Part 85.25 of the Common Rule. Program income is defined as gross income received by the sub - grantee or sub - recipient directly generated by a grant- supported activity, or earned only as a result of the grant agreement. Program income includes, but is not limited to: 1) Fees and donations collected from participants on public service programs; 2) Applicable bid fees from construction or rehabilitation activities; 3) Principal and interest collections 4) on loans made with CDBG funds; 5) Fees from the use or rental of real or personal property; and 6) Proceeds from the disposition of property purchased or improved with CDBG funds. Program income must be recorded as revenues in the CDBG cost center of the Operating Department/Agency's General Ledger. If applicable and upon receiving approval from the City, the program income may be used for payment of other eligible project expenditures that are not paid with CDBG funds. Otherwise, the funds must be remitted to the City accompanied by the Return Funds Transmittal form within 30 days of receipt. Retention of Financial Records: The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records documenting procurement of goods and services; 3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6) Billing Statements; 7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records; 10) Payroll Registers;//) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to support the allocation of costs. Payroll and Attendance Records: The Operating Department/Agency must maintain payroll and time attendance records signed by the employee and approved by the supervisor. Time distribution records must reflect total work time on a daily basis by program and/or funding source, as applicable. Payroll and Attendance Records 11: The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records documenting procurement ofgoods and services; 3) Contracts forgoods or services; 3) Lease orRental Agreements; 4) Invoices; 5) Billing Statements; 6) Cancelled Checks; 7) Timecards signed by employees and supervisors; 8) Personnel Authorization Records; 9) Payroll Registers; 10) Payroll Tax Records; 11) Bank Statements; 12) Bank Reconciliations; and 13) Documentation to support the allocation of costs. 20 Exhibit A: Page 3 of 3 By signing below, I acknowledge that I have read and understand all of the special conditions listed above. Furthermore, I acknowledge that if ] fail to comply with the conditions listed, the U.S. Department of Housing and Urban Development (HUD) and/or the City may require the repayment of thefunds received and/or forfeit receiving future Community Development Block Grant (CDBG) funds. arily� . Ditty Date ief Ex tive Officer 21 CDBG PUBLIC SERVICES AGREEMENT Between the City of Newport Beach and Age Well Senior Services, Inc. THIS CDBG PUBLIC SERVICES AGREEMENT ("Agreement") is entered into this 1St day of July, 2010, by and between the City of Newport Beach ("City"), a Municipal corporation and Charter City of the State of California, and, AGE WELL SENIOR SERVICES, INC., a California nonprofit public benefit Corporation ("Subrecipient"), and is made with reference to the following facts: RECITALS A. City has entered into various funding agreements with the United States Department of Housing and Urban Development ("HUD"), which agreements provide funds ("CDBG Funds") to the City under the Federal Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.), as amended from time to time (the "Act"), and the regulations promulgated thereunder (Code of Federal Regulations, Title 24, Volume 3, 24 C.F.R. § 570 et seq.) ("Regulations"). B. Subrecipient has applied to City for CDBG Funds to aid in the cost of Subrecipient's operation of its HOME -DELIVERED MEAL PROGRAM, which provides home -delivered meals to homebound senior citizens living in the Newport Beach area (the "Program"). C. The Program is eligible for a grant of CDBG Funds and the City desires to assist in the operation of the Program by granting CDBG Funds to the Subrecipient to pay for a portion of those costs incurred in operating the Program, permitted by the Act and the Regulations on terms and conditions more particularly set forth herein. D. On April 27, 2010, the City Council approved the issuance of CDBG Funds, in an amount not to exceed TWENTY THOUSAND DOLLARS AND 00/100 ($20,000.00), to Subrecipient for these services. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto agree as follows: Subrecipient's Services. A. Statement of Services. Subrecipient shall utilize City's CDBG Funds to provide the services outlined in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by this reference. Subrecipient agrees that the Scope of Services contains an accurate estimate of the number of people to be assisted during the 2010-2011 Fiscal Year. B. Schedule for Completion. Subrecipient shall provide its services under this Agreement for a 12 -month period commencing July 1, 2010 and ending June 30, 2011. C. Standard of Care. As a material inducement to City to enter into this Agreement, Subrecipient hereby represents and warrants that it has the expertise and experience necessary to perform the services as set forth in the Scope of Services according to the standards employed by other professionals engaged in this type of work. D. Budget. Subrecipient represents that it shall perform the services as set forth in the Scope of Services pursuant to the "Proposed Budget" included in the Scope of Services. E. Subrecipient represents that the Proposed Budget includes only allowable costs and an accurate analysis of costs acceptable under the CDBG Program pursuant to the Regulations (24 C.F.R. § 570.502(b)), which includes requirements for compliance with OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations" or OMB Circular No. A-21, "Cost Principles for Educational Institutions," as applicable and certain Attachments to OMB Circular No. A-110 with subparts A, B, C, D and Appendix A. These items shall be in sufficient detail to provide a sound basis for the City to effectively monitor performance under this Agreement. 2. Term of Agreement. This Agreement is effective from July 1, 2010 through June 30, 2011, unless earlier terminated pursuant to Section 16. 3. Compensation. A. Upon compliance with the reporting requirements outlined in Section 6 below, City shall reimburse Subrecipient an amount not to exceed TWENTY THOUSAND DOLLARS 00/100 ($20,000.00), which shall constitute full and complete reimbursement for the implementation of this Agreement for the entire award year from July 1, 2010 through June 30, 2011. The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of such funds by City from HUD and shall not be a charge on any other funds of City. Payment shall be made in equal quarterly installments upon approval by City of the quarterly reports as required by Section 6 below. The quarterly installment payments shall be submitted by October 15, 2010, January 15, 2011, April 15, 2011, and July 15, 2011. City shall pay such installment payments within thirty (30) days after receipt of the quarterly reports, provided City is satisfied that such expenses were incurred within the scope of this Agreement and that Subrecipient is in compliance with the terms and conditions of this Agreement. N B. In the event Subrecipient is in default under the terms of this Agreement, City shall have no obligation to continue reimbursing Subrecipient for any work performed after the date of default. 4. Compliance with Laws. Subrecipient agrees to comply with the following federal, state and City requirements in the performance of this Agreement: A. Executive Order 11246 (as amended by Executive Orders 11375 and 12086 (1978)) and implementing regulations at Title 41 C.F.R. Chapter 60, which requires that during the performance of this Agreement, Subrecipient agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Subrecipient shall consider all applicants without regard to their race, religion, sex, or national origin with respect to the following without limitation: employment, upgrading, demotion, or transfer: recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subrecipient agrees to post in conspicuous places, available to employees and employment applicants, notices setting forth the provisions of this nondiscrimination clause. B. In its solicitations or advertisements for employees, Subrecipient shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The restrictions against discrimination as required by Executive Order 11063, as amended by Executive Order 12259 and implementing regulations at Title 24 C.F.R. Part 107. D. Title VI of the Civil Rights Act of 1964, and Section 109 of the Housing and Community Development Act of 1974, which provides that no person shall, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. E. Section 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93-112), as amended, and implementing regulations. F. The Age Discrimination Act of 1975 (Pub. L. No. 94-135), as amended, and implementing regulations. G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended (Title 24 C.F.R. Part 42). H. The restrictions prohibiting use of funds for the benefit of a religious organization or activity as set forth in Title 24 C.F.R. Part 570.2000). The labor standard requirements as set forth in Title 24 C.F.R. Part 570, Subpart K and HUD regulations issued to implement and requirements. J. The Program Income requirements as set forth in Title 24 C.F.R. Parts 570.504(c) and 570.503(b)(8). K. The Subrecipient is to carry out each activity in compliance with all Federal laws and regulations described in 24 C.F.R. Part 570, Subpart K, except that the Subrecipient does not assume the City's environmental responsibilities described at 24 C.F.R. Part 570.604; nor does the Subrecipient assume the City's responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52. L. The flood insurance purchase requirement of Section 102(a) of the Flood Disaster Protection Act of 1978 (Pub. L. No. 93-234). M. The regulations, policies, guidelines and requirements of Title 24 C.F.R. Part 570; the "Common Rule," Title 24 C.F.R. Part 85 and Subpart J; OMB Circular Nos. A-102, Revised, A-87, A-110 and A-122 as they relate to the acceptance and use of federal funds under the federally -assisted program. N. Title VII of the Civil Rights Act of 1968 (Pub. L. No. 90-284) as amended. O. The Lead-based paint requirements of Title 24 C.F.R. Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.). P. Maintain property inventory system to numerically identify HUD purchased property and document its acquisition date as is set forth in OMB Circular A-110 Attachment N Property Management Standard 6d. Q. Such other City, County, State, or Federal laws, rules, and regulations, executive orders or similar requirements which might be applicable. R. City will use federal funds to pay Subrecipient for the services to be performed under this Agreement. Title 31 U.S.C. Section 1352 prohibits any recipient or subrecipient of federal funding from using such funds to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress or an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension of, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. .19 S. Every person who requests or receives a federal contract, grant, loan or cooperative agreement from a federal agency or receives or requests from a federal agency a commitment that would provide for the United States to insure or guarantee a loan must file with that agency a written declaration and certify that he or she has not made and will not make any prohibited expenditure. Further, any person who requires or receives from a person referred to above, a subcontract under a federal contract, a subgrant or contract under a federal grant, a contract or subcontract to carry out any purpose for which a particular federal loan is made, or contract under a federal cooperative agreement, is required to file a written declaration with the person who received the federal contract, grant, loan or commitment to insure or guarantee a loan. T. Subrecipient receives no program income as defined in Title 24 C.F.R. Part 570.500(a). U. Subrecipient shall comply with applicable uniform administrative requirements as described in Title 24 C.F.R. Part 85.22 and OMB Circular A-87 and A-122 and Title 24 C.F.R. Part 570.502. V. This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended; Title 24 C.F.R., Part 570; City's CDBG Program Guidelines; and all amendments or successor regulations or guidelines thereto. 5. Financial Records. Subrecipient shall keep records of all federal funds received from City under the terms and conditions of this Agreement and of all costs and expenses related to the program in accordance with the provisions contained in the Federal Office of Management and Budget Circular A-110 with its subparts and appendix. The Subrecipient shall maintain these records and reports to assist the City in maintaining its record-keeping requirements for the duration of the Agreement and for five (5) years after the termination or expiration of this Agreement. All federal funds received by subrecipient from City pursuant to this Agreement shall be maintained separate and apart from any other funds of Subrecipient or of any principal or member of Subrecipient in an account in a banking or savings and loan institution. No costs shall be invoiced / billed except for expenditures authorized in the Scope of Services. The itemized costs shall be sufficient detail to provide a sound basis for the City to effectively monitor costs under the Agreement. Subrecipient also agrees to use the Payment requests/Invoice Forms as provided by the City. 6. Reporting Requirements. Subrecipient agrees to provide the City with a written quarterly summary and an unduplicated count of persons and/or families benefiting by the Subrecipient's Program on or before the 15th day of the following months: October 2010, January 2011, April 2011, and July 2011, setting forth its activities for the previous quarter. The quarterly 5 report shall contain, without limitation, the ethnic group, income level, female head of household status, and other data as may be requested by City, of each person assisted and the result of such assistance. If Subrecipient fails to do so, City may withhold funds until the required written quarterly reports are received. In addition to the quarterly report, Subrecipient shall, on or before July 15, 2011, furnish City with a summary of Subrecipient's activities for the fiscal year commencing July 1, 2010. Such summary shall include the following: (i) Documentation of the income level of persons and/or families participating in or benefiting by the Subrecipient's Program. (ii) Ethnic and Head of Household data, consistent with HUD's Grantee Performance Report requirements. (iii) Additional information such as new pamphlets, copies of newspaper articles, or brief reports on any special accomplishments during the year. 7. Inspection of Records. Subrecipient shall make available performance, financial and all other records pertaining to each project or business activity that is funded by CDBG funds under this Agreement for inspection and audit by the City or HUD's representatives, upon request, at any time during the term of this Agreement and during a period of 5 years thereafter. All such books and records shall be maintained by Subrecipient at a location in Orange County. Failure of Subrecipient to comply with the requirements of this section shall constitute a material breach for which City may terminate or suspend this Agreement. This section shall survive the expiration or termination of this Agreement. A. The City and the United States Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Subrecipient's activities and performance, to books, documents, and papers, and the right to examine records of Subrecipient's subcontractors, bookkeepers, and accountants, employees, and participants in regard to said program. B. The City and the United States Government and/or their representative shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipients are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. C. In the event Subrecipient does not make the above -referenced documents available at the location where services are provided, Subrecipient agrees to pay all necessary and reasonable expenses rel incurred by the City in conducting any audit at the location where the records and books of account are maintained. 8. Audit Exceptions. Subrecipient agrees that in the event the Program established hereunder is subjected to audit exceptions by appropriate state and federal audit agencies, Subrecipient shall be responsible for complying with such exceptions and for paying City the full amount of City's liability to the funding agency resulting from such audit exceptions. 9. Subcontracts. City shall approve all subcontracts in writing. Any subcontracts entered into by Subrecipient for services rendered toward completion of Subrecipient's portion of this Agreement shall be for Subrecipient's benefit alone and, as such, shall be its responsibility with no liability resting with City. Subrecipient agrees to provide City, within 10 business days of execution of this Agreement, a list of all subcontractors to be used in connection with Subrecipient's services hereunder. 10. Status as Independent Contractor. Subrecipient is, and shall at all times remain as to City, a wholly independent contractor. Subrecipient shall have no power to incur any debt, obligation or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Subrecipient or any of Subrecipient's employees, except as set forth in this Agreement. Subrecipient shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Subrecipient shall fully comply with the worker's compensation law regarding Subrecipient and Subrecipient's employees. Subrecipient further agrees to indemnify and hold City harmless from any failure of Subrecipient to comply with the worker's compensation law. 11. Conflict of Interest. Subrecipient, its agents and employees shall comply with applicable federal, state and local laws and regulations governing conflict of interest. Subrecipient covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that may be affected by the services to be performed by Subrecipient under this Agreement, or that would conflict in any manner with the performance of its services hereunder. Subrecipient further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Subrecipient shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. Subrecipient agrees not to accept any employment or representation during the term of this Agreement that is or may likely make Subrecipient "financially interested" (as provided in California Government Code sections 1090 and 87100) in any decision made by City on any matter in connection with which Subrecipient has been retained pursuant to this Agreement. 7 12. Warranty and Representation of Non -Collusion. No official, officer, or employee of the City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State laws and shall not include interest found to be "remote" or "non interest" pursuant to California Government Code Sections 1091 and 1091.5. Subrecipient warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement. Subrecipient further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value .to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Subrecipient is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Subrecipient's Initials 13. Indemnification. To the fullest extent permitted by law, Subrecipient shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Subrecipient's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Subrecipient, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Subrecipient to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Subrecipient. 14. Insurance. Without limiting Subrecipient's indemnification of City, and prior to commencement of Work, Subrecipient shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Subrecipient shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Subrecipient shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Subrecipient, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Subrecipient's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Subrecipient shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Subrecipient's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Subrecipient shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non -renewal of all Workers' 0 Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Subrecipient shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. General Liability Coverage. Subrecipient shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Subrecipient shall maintain automobile insurance covering bodily injury and property damage for all activities of the Subrecipient arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. _Professional Liability (Errors & Omissions) Coverage. Subrecipient shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Subrecipient or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Subrecipient hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions. Subrecipient acknowledges and agrees that any actual or alleged failure on the part of the City to inform Subrecipient of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 10 iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Subrecipient agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Subrecipient shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Subrecipient's performance under this Agreement. F. Additional Insurance. Subrecipient shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. Cooperation. In the event any claim or action is brought against City relating to Subrecipient's services under this Agreement, Subrecipient shall render any reasonable assistance and cooperation that City might require. 16. Termination. A. This Agreement may be terminated at any time by either party without cause upon thirty (30) day written notice to the other party. City may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for this Agreement activity or if for any reason the timely completion of Subrecipient's services is rendered improbable, infeasible or impossible. Additionally, City may terminate this Agreement upon seven (7) day written notice if City determines in its sole discretion that such action is necessary to respond to an earthquake, fire or other act of God. In such event, Subrecipient shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have not been previously reimbursed, to the date of such termination, limited to the extent CDBG funds are available. B. In accordance with Title 24 C.F.R. Part 85.43, suspension or termination may occur if Subrecipient materially fails to comply with any term of the 11 award. C. If the funding source demands reimbursement for prior payments to Subrecipient due to Subrecipient's failure to comply with any applicable term of this Agreement, regulation or statute, Subrecipient shall reimburse City in the amount of such disallowed payments. D. The award may be terminated for convenience in accordance with Title 24 C. F. R. Part 85.44. E. Upon expiration of this Agreement, Subrecipient shall transfer to City any funds paid pursuant to this Agreement that are on hand at the time of expiration and any accounts receivable attributable to the use of such funds. 17. Reversion of Assets. A. Upon the termination or expiration of the term of this Agreement, Subrecipient shall comply with Title 24 C.F.R. Part 570.503(b)(8) and transfer to the City any CDBG funds on hand at the time of such termination or expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of twenty-five thousand dollars ($25,000.00) shall either be: (a) Used to meet one of the national objectives stated in Title 24 C.F.R. Part 570.901 until five (5) years after termination or expiration of this Agreement; or (b) disposed of in a manner that results in the City's being reimbursed in the amount of the current fair -market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement to the City shall not be required if the property is disposed of more than five (5) years after the termination or expiration of this Agreement.. Subrecipient shall not dispose of any real or personal property acquired in full or in part with CDBG funds through sale, use or relocation without the expressed and prior written permission of the City. 18. Lobbying. A. No Federal appropriated funds shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 12 B. 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, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 19. Notices Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. City: Subrecipient: City of Newport Beach Attn: Kathlyn Bowden, Economic Dev. Coordinator Planning Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 AGE WELL SENIOR SERVICES, INC. Attn: Marilyn Ditty, CEO 24300 EI Toro Rd., Bldg. A, Suite 200 Laguna Woods, CA 92637 20. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Subrecipient shall not discriminate against any employee, subcontractor or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. 13 21. Conditions for Religious Organizations: If Subrecipient represents that it is, or may be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization, Subrecipient agrees that, in connection with such public services: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis or religion; B. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis or religion; C. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; and E. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; Provided that, minor repairs may be made if such repairs (1) are directly related to the public services, (2) are located in a structure used elusively for nonreligious purposes, and (3) constitute in dollar terms only a minor portion of the CDBG expenditure for the public services. F. Subrecipient shall comply with all applicable conditions of Title 24 C.F.R. Part 570.503(b)(6) prescribed by HUD for the use of CDBG funds by religious organizations if Subrecipient is a religious organization. 22. Assignment and Subcontractin Subrecipient shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Subrecipient's obligations hereunder, whether by assignment or notation, without the prior written consent of City, and any attempt by Subrecipient to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Code of Conduct. Subrecipient agrees that no officer, employee, agent or assign of City having direct or indirect control of federal funds granted to the City shall serve as an officer of Subrecipient. Further, any conflict or potential conflict of interest of any officer of 14 Subrecipient shall be fully disclosed prior to the execution of this Agreement and shall be attached to and become a part hereof. 24. Drug Free Workplace. Subrecipient shall comply with the Drug -Free Workplace Act, and shall make a good faith effort to continue to maintain a drug-free workplace, including establishing a drug- free awareness program to inform employees about the dangers of drug abuse and the Subrecipient's policy and penalties for drug abuse violations occurring in the workplace. 25. Non -Waiver of Terms, Riahts and Remedies. Waiver by either party of any of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Subrecipient constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Subrecipient, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 26. Laws Governing This Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27. Validity. If any portion of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, void and unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 28. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Subrecipient. ThisAgreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties and approved by the City Attorney that expressly refers to this Agreement. 29. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 15 30. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. [SIGNATURES ON NEXT PAGE] 16 IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as of the date first above written. APPROVED AS TO FORM: OFFLQE OF THE CITY ATTORNEY By:�A) onie Mulvihill, Assistant City Attorney ,(,v City of Newport Beach z)) ATTEST: ll1�- B� I�' By.- N Leilani Brown, City Clerk Exhibit A: Scope of Services CITY OF NEWPORT BEACH A Municipal Corporation By: Keith Curry, Mayor SUBRECIPIENT: Age Well Senior Services, Inc. (Cor orate tffice`r) l`itle:�,�� Print Name: L /'// -PI;91 By: (Financial Officer) Title: /X� Print Name: [END OF SIGNATURES] 17 Exhibit A Ze 041ef'y CITY OF NEWPORT BEACH CDBG cf` ` ,,= Exhibit A: Home-Delivered Meal Program LIFII R" Project: Home-Delivered Meal Program Organization: Age Well Senior Services, Inc. Description: Age Well Senior Services, Inc. will provide home-delivered meals to homebound senior citizens (ages 62 years or older) who are unable to prepare meals for themselves due to age, illness, or disability. This program allows clients who may otherwise be institutionalized to live independently. Participants will receive three (3) subsidized daily meals Monday through Friday. CDBG funds will be used to pay for a portion of the salary of home-delivered meal staff. Eligibility Approved Funding HUD Matrix Code: 05A CDBG $20,000 Senior Services Eligibility Citation: 570.201(e) HOME $0 Low Mod Clientele National Objective: ESG $0 570.208(a)(2)(i)(A) Accomplishment Goal: 100 Persons HOPWA $0 Start Date: 07/01/2010 Other: $1,561,440 End Date: 06/30/2011 Total: $1,581,440 Location / Service Area / Beneficiaries: Administered By: Age Well Senior Services, Inc. 24300 EI Toro Road, Suite 2000 Available to clientele throughout City Laguna Woods, CA 92637 Help the homeless? No Help persons with HIV / AIDS? No Help persons with Special Needs? Yes Dr. Marilyn Ditty Executive Director Phone: 949-855-8033 19 Exhibit A: Page 2 of 3 Special Provisions The following are special provisions that are required as a condition of receiving Community Development Block Grant (CDBG) funds. Failure to comply with these requirements may lead to possible findings, a breach of the agreement, and/or the repayment of the funds received under this agreement. In the Special Provisions section, the term "Operating Department" shall refer to the City Department that is responsible for the oversight of the project. The tern "Operating Agency" or "Subrecipient" shall refer to the Community Based Organization (non- profit) that is receiving CDBG funds. The term "CDBG Program Staff'shall shall refer to the Director of Recreation and Community Services. Subrecipient Agreement/Consultation Services: The Operating Department/Agency shall execute a professional services agreement with each consultant/contractor prior to incurring any costs or distributing any CDBG funds, in compliance with federal contractual requirements. Program Income: The Operating Agency will track and report all program income generated from the use of CDBG funds, as defined in 24 CFR, Part 85.25 of the Common Rule. Program income is defined as gross income received by the sub -grantee or sub -recipient directly generated by a grant -supported activity, or earned only as a result of the grant agreement. Program income includes, but is not limited to: 1) Fees and donations collected from participants on public service programs; 2) Applicable bid fees from construction or rehabilitation activities; 3) Principal and interest collections 4) on loans made with CDBG funds; 5) Fees from the use or rental of real or personal property; and 6) Proceeds from the disposition of property purchased or improved with CDBG funds. Program income must be recorded as revenues in the CDBG cost center of the Operating Department/Agency's General Ledger. If applicable and upon receiving approval from the City, the program income may be used for payment of other eligible project expenditures that are not paid with CDBG funds. Otherwise, the funds must be remitted to the City accompanied by the Return Funds Transmittal form within 30 days of receipt. Retention of Financial Records: The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records documenting procurement of goods and services; 3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6) Billing Statements; 7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records; 10) Payroll Registers; 11) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to support the allocation of costs. Payroll and Attendance Records: The Operating Department/Agency must maintain payroll and time attendance records signed by the employee and approved by the supervisor. Time distribution records must reflect total work time on a daily basis by program and/or funding source, as applicable. Payroll and Attendance Records II: The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records documenting procurement of goods and services; 3) Contracts for goods or services; 3) Lease or Rental Agreements; 4) Invoices; 5) Billing Statements; 6) Cancelled Checks; 7) Timecards signed by employees and supervisors; 8) Personnel Authorization Records; 9) Payroll Registers; 10) Payroll Tax Records; 1 1) Bank Statements; 12) Bank Reconciliations; and 13) Documentation to support the allocation of costs. 20 Exhibit A: Paae 3 of 3 By signing below, I acknowledge that I have read and understand all of the special conditions listed above. Furthermore, I acknowledge that if I fail to comply with the conditions listed, the U.S. Department of Housing and Urban Development (HUD) and/or the City may require the repayment of the funds received and/or forfeit receiving future Community Development Block Grant (CDBG) funds. Dr -."Marilyn Dit Date Kxecutive Dir etor 21 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 07/19/2010 Dept./Contact Received From: Shauna Ovler Date Completed: 07/20/2010 Sent to: Shauna Oyler By: Company/Person required to have certificate: Rabben/Herman D Michelle Ross _ sign Office Ltd. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty B. AM BEST RATING (A-: VII or greater): "A+"(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) M Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? IN Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty_ B. AM BEST RATING (A-: VII or greater) "A+"(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. tII. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property Casualty B. AM BEST RATING (A-: VII or greater): °A+"(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF -NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: AWAVAOST (AA, 20, 2010 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approva!lexception(wai„er by Rick Management B&B initials Comments: Approved: Risk Management Date CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 09/30/2010 Dept./Contact Received From: Gaylene Olson Date Completed: 10/01/2010 Sent to: Gaylene Olson Company/Person required to have certificate: P GENERAL LIABILITY A. INSURANCE COMPANY: Philadelphia Indemnit By Kristin J. Walters Well Senior Services B. AM BEST RATING (A-: VII or greater): "A+"(XIV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Philadelphia Indemnity B. AM BEST RATING (A-: VII or greater) "A+"(XIV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: NonProfits' Insurance Alliance B. AM BEST RATING (A-: VII or greater): "A"( 11) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Xrisiti,L j. Walters 1D�I�?OIO Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date /1 ■ CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 April 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Kathlyn Bowden, Economic Development Coordinator 949 - 644 -3230/ kbowdento'city.newport- beach.ca.us SUBJECT: Community Development Block Grant Fiscal Year 2010 -2011 One - Year Action Plan ISSUE: The U.S. Department of Housing and Urban Development (HUD) requires the City of Newport Beach to complete a One -Year Action Plan to receive funds under the Community Development Block Grant (CDBG) program. The One - Year Action Plan (Action Plan) is a component of the City's Five -Year Consolidated Plan (2010 -2014 Consolidated Plan) to be approved under a separate Council action at this meeting. The One -Year Action Plan document serves as the annual application for CDBG funding. The City's Action Plan contains a list of activities the City will assist with CDBG funds during the upcoming 2010 -2011 fiscal year. The City's entitlement grant amount for this year is $385,189. RECOMMENDATION: 1. Hold a public hearing to receive comments on the 2010 -2011 CDBG Action Plan; and 2. Approve the 2010 -2011 CDBG Action Plan; and 3. Adopt Resolution No. 2010- authorizing the City Manager to submit the FY 2010 -2011 application for CDBG funds and One -Year Action Plan to HUD, with any modifications to project allocations necessary to conform the allocations to HUD's final 2010 -2011 CDBG grant allocations and currently unallocated funds in the City's account with HUD, and authorizing the City Manager to execute the FY 2010 -2011 CDBG Program Grant Agreement and all related documents on behalf of the City. FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 2 DISCUSSION: The City of Newport Beach's 2010 -2011 Five -Year Consolidated Plan proposes a strategic vision for housing and community development in the City. The plan ensures that citizens within the community have an overview of Newport Beach's housing and community development issues; the annual goals, objectives, and actions proposed to address the City's needs; and the specific projects proposed to carry out those goals and objectives. According to HUD regulations, the City must also submit an Annual Action Plan, at least 45 days prior to the beginning of each program year. The City of Newport Beach operates on a fiscal year from July 1 st through June 30tH Citizen Participation In accordance with the Citizen Participation Plan, on March 20, 2010, staff published a notice in the Daily Pilot informing the general public that the City of Newport Beach had prepared the Draft 2010 -2011 Action Plan and that such would be available for review and comment until April 27, 2010. The public was provided an opportunity to provide oral and /or written comments on the One -Year Action Plan and the proposed activities. To date, no public comments have been received. In addition, the Citizen Participation Plan requires that a public hearing be held to receive testimony from interested residents or parties regarding the One -Year Action Plan. Tonight's public hearing fulfills the requirements for the public hearing. Funding Strategies The Consolidated Plan serves as the basis of funding strategies for the five year period (2010 -2014) covering the Consolidated Plan. The One -Year Action Plan is the implementation component of the Five -Year Consolidated Plan. In accordance with HUD requirements, the One -Year Action Plan is submitted to HUD as an annual report outlining the proposed use of CDBG funds prior to the beginning of the Program Year. It describes how the City will utilize the new CDBG funds to undertake programs and projects that will help the City meet the goals and objectives identified in the Strategic Plan chapter of the Consolidated Plan. The 2010 -2011 Action Plan is the first One -Year Action Plan submitted under the new 2010 -2014 Consolidated Plan. FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 3 The City has the option to fund fair housing services as part of the public service grants (subject to the 15% maximum allocation) or as part of the general administration funds (subject to the 20% maximum allocation). In order to make more funds available for public service projects, the City has elected to use administration funds to pay for these services. Notice of Funding Availability On December 12, 2009, the City published a Notice of Funding Availability (NOFA) in the Daily Pilot newspaper to announce the availability of CDBG funds and solicit proposals from tax - exempt nonprofit organizations that provide eligible CDBG services or projects that benefit Newport Beach residents. The City also made the application available on the City's website and mailed notices to agencies who received funds in the current Fiscal Year and other agencies who had expressed interest in receiving funds. In response to the NOFA, six (6) public service providers submitted applications for CDBG grants for Fiscal Year 2010 -2011, requesting a total of $106,500. In addition, one (1) public facilities rehabilitation project application was submitted by the CDM Community Aquatics Facilities Foundation requesting $43,950, and the City's Planning Department submitted an application for a Utility Assessment District Connection Grant Program for low- income owner - occupants for $50,000. Following is a summary of the CDBG Grant Applications and staff recommendations to the City Council. FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 4 Summary of Applications The following information includes a brief description of the CDBG Grant Applications Received: Program /Project Amount Requested Human Options $20,000 Human Options Community Resource Center provides services for battered women and their children. They provide safety, short- and long -term shelter and transitional housing, crisis intervention, individual and group counseling, supportive services, legal advocacy and specialized treatment options for adults and children. Human Options also provides 52 -week batterer's treatment groups for the abuser - serving approximately 160 -180 individuals (75% men and 25% women) annually. In addition, the community education and violence prevention program presents to children and youth, from kindergarten through high school and college. Human Options estimates serving 30 unduplicated Newport Beach residents. (Meets Funding Strategy: Special Needs Strategy 1) Age Well Senior Services — Home - Delivered Meal Program $28,500 South County Senior Services, Inc (SCSS) officially became Age Well Senior Services on January 4, 2010. Age Well Senior Services will provide home - delivered meals to homebound senior citizens (aged 60 years or older) who are unable to prepare meals from themselves due to age, illness, or disability. Participants will receive three (3) subsidized daily meals Monday through Friday. Age Well Senior Services, Inc program estimates serving 145 unduplicated Newport Beach residents. (Meets Funding Strategy: Senior Services Strategy 1) Serving People in Need (SPIN) $15,000 The SPIN Substance Abuse Recovery Program (SARP) provides access to recovery programs to homeless and low- income individuals who cannot afford it otherwise. SPIN pays for rent in a recovery home with which SPIN works while the client seeks employment. Case management includes counseling, and supplemental services focused on employment, medical assistance, and legal assistance. Funds will be used for case management, shelter costs, and operational costs. SPIN estimates serving 8 unduplicated Newport Beach residents and 250 Orange County residents overall. (Meets Funding Strategy: Special Needs Strategy 1) Families Forward. FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 5 $15,000 The Families Forward Transitional Housing Program (THP) transitions struggling families from crisis to stability and self sufficiency. THP has five primary goals, each of which supports the program's overarching goal of achieving familial self sufficiency. Goals for the program include: families in need will be linked with appropriate supporting resources, anxiety and levels of depression will decrease, families will increase key life skills, families will increase their annual income, families will be able to secure and maintain housing. Families Forward estimates serving 135 unduplicated Newport Beach residents and Orange County residents combined overall. (Meets Funding Strategy: Homeless Strategy 1) Share Our Selves Medical and Dental Clinics $25,000 This program will provide primary/urgent care on a daily walk -in basis, chronic care, and specialty care by appointment to uninsured Orange County residents and patients in the County MSI Program. In addition, SOS provides bridge medical care to patients who qualify for medical insurance programs and are waiting to be placed in an appropriate medical home or who will not qualify but who reside far from SOS and therefore need to establish a medical home closer to home. Full scope primary care /urgent care clinics are committed to true open access for those lacking a more traditional medical home. SOS anticipates assisting 275 low- and moderate - income Newport Beach residents. (Meets Funding Strategy: Public Services 1) American Lung Association Senior Lung Health Program $8,000 This program will offer "The Best Things in Life are: Breathing and Lunch" series offering four quarterly workshops throughout the year for senior residents. Each workshop brings essential lung health tools and information directly to seniors and empowers them to make healthy life choices to manage and improve their lung health. The ALA also involves various public and private partners and agencies to educate and serve the elderly population. ALA anticipates serving 120 Newport Beach seniors. (Meets Funding Strategy: Senior Services 1) Fair Housing Council of Orange County $14,880 The Fair Housing Council of Orange County (FHCOC) will provide fair housing education, counseling, and enforcement services to current or potential Newport Beach residents, coupled with landlord /tenant counseling services. These services impact and benefit target CDBG areas and the City's extremely -low to moderate income population. They help counteract unlawful housing FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 6 discrimination and assist CDBG target areas in reducing blight. FHCOC facilitates the opportunity for landlords and tenants to correct wrongful housing policies or behavior. It is estimated that, in Newport Beach, this program will address 2 allegations of housing discrimination that result in the opening of a case file, and address about 780 landlord /tenant disputes, issues or concerns arising from about 215 unduplicated households. (Meets Funding Strategy: Housing Strategy 2) CDM Community Aquatics Facilities Foundation $43,950 The first three phases of the renovation project to update and upgrade the aquatics center located on campus of Corona del Mar High School, known as the Marian Bergeson Aquatics Center, have been completed. The fourth phase of the renovation will upgrade the existing 20 year old restrooms and showers to comply with current ADA requirements. The proposed renovation will maximize access to all components of the MBAC. The fourth (4th) phase includes the removal of barriers to disabled access to ensure that the facility is readily and easily accessible to, and serves the needs of, the very broad and diverse client base which uses MBAC. This project will benefit disabled low- and moderate - income eligible residents throughout the City by providing an ADA complaint, accessible, and world -class aquatics complex. (Meets Funding Strategy: Special Needs 1) City of Newport Beach — Utility Assessment Dist. Grant Program $50,000 The City is concerned about the impact on low- and moderate - income owner - occupants located within proposed utility undergrounding Assessment Districts in the City of Newport Beach. In order to reduce the financial burden of an Assessment District, the City proposes a grant program to cover a portion of the cost of utility hook -ups to income - qualified owner - occupants within the District(s). Households that cannot afford to pay for the necessary hook -ups after utilities have been undergrounded could potentially be left without electricity, thereby creating a health and safety concern for residents. With CDBG funds, the City expects to assist 10 or more low- and moderate - income owner - occupants with utility hook -ups to the new underground utilities to be installed as part of the assessment district(s). (Meets Funding Strategy: Housing Strategy 2) Summary of Programs /Projects not subject to the NOFA The following information includes a brief description of the CDBG Programs /Projects that are recommended to the City Council that were not subject to the NOFA, FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 7 City of Newport Beach — Section 908 Loan Repayment $199,346 Funds for this activity will be used to repay the City's Section 108 Loan. The loan was used to partially fund public improvements to the Balboa Target Area totaling $8 million. The scope of work includes the Balboa Village Pedestrian and Streetscape Plan, Street Improvements to Balboa Boulevard, Pier Parking Lot, Pier Plaza and Lot A connecting access to Main Street. City of Newport Beach — CDBG Administration $60,000 The CDBG Administration program will pay for City staff salaries and consultant fees to administer the CDBG program, prepare required reports, monitor sub - recipients, prepare the 2009 -2010 CAPER, the 2011 -2012 Action Plan, and ensure overall program compliance with the applicable federal regulations. The 2010 -2011 Draft Action Plan The 2010 -2011 Annual Action Plan will delineate the first (1st) year of the 2010- 2014 Five -Year Consolidated Plan. The Action Plan contains Federal, State, and Local programs available to meet many of the Funding Strategies identified above. For fiscal year 2010 -2011, the City of Newport Beach will receive $385,189 in Community Development Block Grant (CDBG) funds. Attached for City Council consideration is a draft copy of the 2010 -2011 Annual Action Plan, including all projects and activities that staff recommends funding for FY 2010- 2011. Draft copies of the plan have been made available to the public at the City of Newport Beach Planning Department, City Clerk's office and the Central Newport Library. The public review and comment period commenced on March 20, 2010 and continued through April 27, 2010. The deadline for submitting the City's Action Plan to HUD is May 15, 2010. Funding Rationale CDBG regulations limit the amount of funding that can be used for public service activities to fifteen percent (15 %) of the program year's entitlement grant. Additionally, no more than twenty percent (20 %) of the program year's grant may be obligated for planning and administrative costs. The remaining amount (65 %) can then be allocated to support other projects. FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 8 Funds Available for 2010 -2011 Action Plan Projects SOURCE AMOUNT Age Well Senior Services — Home Delivered Meals Program 2010 -2011 CDBG Entitlement $385,189 Unallocated CDBG Funds (Prior Year) $5,149 CDBG Program Income $0 All other forms of CDBG $0 TOTAL $390,338 Taking into consideration the level of funding available, the amount of funding requested, past performance and proposed accomplishments, anticipated benefit to Newport Beach residents, and City priorities, staff recommends that the City Council approve CDBG funds for the following activities: PUBLIC SERVICES Age Well Senior Services — Home Delivered Meals Program $20,000 Families Forward — Transitional Housing Program $10,000 Human Options — Community Resource Center $4,600 Serving People in Need — Substance Abuse Rehab Program $10,000 Share Our Selves — SOS Free Medical and Dental Clinics $9,000 'pPAPITAL IMPROVEMENTS City of Newport Beach — Utility Assessment District Grant Program $65,922' City of Newport Beach — 108 Loan Repayment $199,346 PROGRAM ADMINISTRATION City of Newport Beach — Program Administration $60,285 Fair Housing Services $11,185 TOTAL $39p,338 Given the level of funding available, the amount of funding requested, past performance and proposed accomplishments, anticipated benefit to Newport Beach residents, and City priorities, staff did not recommend funding for the CDM This funding level is higher than the original $32,938 included in the Public Review draft of the Action Plan. The additional funds are available as a result of the release of the final CDBG allocations from HUD subsequent to the publication of the Public Review draft of the Action Plan. The additional funds allow the City to fully fund the Utility Assessment District Grant Program. FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 9 Community Aquatics Facilities Foundation and the American Lung Association Senior Lung Health Program. The CDM Community Aquatics Foundation request for funding to assist a portion of the 41h phase of their public facilities renovation, specifically ADA Improvements to the restrooms and showers, meets the Consolidated Plan Funding Strategy objective to assist persons with Special Needs. However, the City's 2010 -2014 Consolidated Plan has identified a Housing Strategy to promote the development, preservation and retention of affordable housing. This is a new strategy that was not included in prior Consolidated Plans that staff believes has the potential for a greater impact in the community than assisting with funding for restroom facilities and showers in one (1) public facility. In prior years, the City has used its CDBG funds available for capital improvement projects to make ADA modifications to City sidewalks through the installation of curb ramps. The Utility Assessment District Grant Program provides Newport Beach with the opportunity to demonstrate to HUD that the City is committed to the preservation of its housing stock — particularly housing occupied by longtime residents who are now on fixed incomes who are not able to afford to pay the necessary costs borne by homeowners in a utility assessment district. While the CDM Community Aquatics Foundation's request does meet an identified Funding Strategy, staff believes that CDBG funds will make a greater impact as recommended in the table above. Further, staff does not recommend partially funding both capital improvement proposals due to the administrative burden associated with these projects. Based on past experience administering the CDBG program, capital improvement and housing programs require a high level of administrative oversight. Staff does not recommend funding more than one (1) capital improvement project in a given fiscal year to ensure that the City can dedicate sufficient administrative resources to the oversight of the selected capital improvement project in order to guarantee a successful and HUD - compliant outcome. The American Lung Association Senior Lung Health Program request for funding to offer an informational lunch series and quarterly workshops for an estimated 120 Newport Beach senior residents concerning lung health would conform to the Consolidated Plan Funding Strategy of Senior Services; however, staff believes that this Funding Strategy is better fulfilled by existing programs funded through CDBG and other local sources to provide home - delivered meals to an anticipated 145 low- income seniors, most of whom are unable to provide for their own basic nutrition due to lack of mobility, disability, health and income concerns. FY 2010 -2011 CDBG One -Year Action Plan April 27, 2010 Page 10 ENVIRONMENTAL REVIEW: Not subject to CEQA, as the activity is not a project, as defined in Section 15378(b)(4). PUBLIC NOTICE: Notice of the public hearing was published in the Daily Pilot on March 14, 2009. FUNDING AVAILABILITY: HUD released its final CDBG allocation for the 2010 -2011 Fiscal Year subsequent to the release of the Public Review Draft of the 2010 -2011 Action Plan. The City will receive a 2010 -2011 allocation of $385,189 in CDBG Funds. Prepared by: thlyn Bowde ICP conomic Developmen Coordinator Submitted by: ZI ��v Sharon Wood Assistant City Manager Attachments: Draft One -Year Action Plan and Resolution CITY COUNCIL RESOLUTIONNO.2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ANNUAL ACTION PLAN WHICH IS PART OF THE CONSOLIDATED PLAN, AND THE PROJECTED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR FY 2010 -2011, AND SUPERCEDING ALL PREVIOUS RESOLUTIONS WHICH ARE INCONSISTENT THEREWITH. WHEREAS, the City of Newport Beach participates in the Department of Housing and Urban Development's Community Development Block Grant (CDBG); and WHEREAS, the City of Newport Beach anticipates receiving $385,189 in CDBG funds for fiscal year 2010 -2011; and WHEREAS, on August 26, 2009, the City of Newport Beach's Planning Department conducted a Community Meeting with Newport Beach residents and community based organizations to evaluate the current level of services offered and to identify any new community needs; and WHEREAS, the Department of Housing and Urban Development (HUD) requires the City to prepare a 5 -year "Consolidated Plan" document for the CDBG program and the 2010- 2014 Consolidated Plan was adopted by the City Council on April 27, 2010; and WHEREAS, the Annual Plan is an integral part of the Consolidated Plan; and WHEREAS, on December 12, 2009, the City published a Notice of Funding Availability (NOFA) in the Daily Pilot newspaper to announce the availability of CDBG funds and solicit proposals for tax - exempt nonprofit organizations that provide eligible CDBG services or projects that benefit Newport Beach; and WHEREAS, on March 20, 2010, the City published a public notice in the Daily Pilot newspaper indicating that the draft Action Plan would be available to the public for review and comment from March 20, 2010 to April 27, 2010; and WHEREAS, on April 27, 2010, the City Council approved the draft Action Plan and budget, including amendments to respond to the comments that are presented at the hearing; and WHEREAS, the City Council has considered the community needs, priorities, and strategies set forth in the Consolidated Plan and the Housing Element of the General Plan and concludes the proposed allocation of $385,189 in fiscal year 2010 -2011 CDBG funds is consistent with the Consolidated Plan and Housing Element; and WHEREAS, pursuant to Section 15378 of the State CEQA Guidelines, the proposed project is exempt from the requirements of CEQA. NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY RESOLVE as follows: SECTION 1. The Action Plan outlining the City's housing and community development needs, priorities and strategies for FY 2010 -2011 is hereby adopted, and the City Council DOES HEREBY AUTHORIZE the City Manager to be the official representative of the City of Newport Beach to submit the Action Plan and certification required to HUD, including any modifications to allocations necessary to conform the allocations to HUD's final 2010 -2011 CDBG grant allocations and currently unallocated funds in the City's account with HUD.. SECTION 2. That the City Council DOES HEREBY AUTHORIZE the City Manager, or his/her designee, to execute the FY 2010 -2011 CDBG Program Grant Agreement and all related documents on behalf of the City. SECTION 3. That the City Council DOES HEREBY AUTHORIZE the Economic Development Coordinator of the Planning Department, or his/her designee, to be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting held on the 27th day of April 2010. MAYOR OF THE CITY OF NEWPORT BEACH attest: CITY CLERK OF THE CITY OF NEWPORT BEACH STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) I, LEILANI BROWN, City Clerk of the City of Newport Beach, HEREBY DO CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of April 2010. AYES: COUNCILMEMBERS: 2 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF NEWPORT BEACH � p > - 2 2 §� � �� % \ \ ±< d © > . \��d \....:��(\ TABLE OF CONTENTS 1. Executive Summary Overview of the Consolidated Planning Process Strategic Planning Table 2. Strategic Plan Introduction Local Objectives HUD - Specified Objectives 3. Available Resources Federal Resources State and Local Resources Other Resources 4. Distribution of Resources Distribution Among Priority Need Geographic Distribution CDBG Eligible Area Map 5. Program Year Activities Summary Project Tables Appendices A. SF -424 and Certifications B. Project Summaries (CPMP Strategies) C. Proof of Public Notices and Public Comments D. Map (Newport Beach Eligible Areas) E. Action Plan Checklist CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2 010-20 11 REVISED 04/19/10 1 -1 2 -1 3 -1 4 -1 5 -1 I;" CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 Chapter 1. EXECUTIVE SUMMARY 1. EXECUTIVE SUMMARY Overview of Consolidated Plan Process Each year, the City of Newport Beach receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). These funds are used to benefit the low- and moderate - income residents of the City by: Providing decent housing; Providing a suitable living environment; and Expanding economic opportunities. The City develops a Consolidated Plan every five (5) years to ensure that the funds are used to meet the most urgent community needs. The City developed a community needs assessment as part of the 2010 -2014 Consolidated Plan. The needs assessment includes quantitative and statistical research, resident survey results, and input from local non - profits and service agencies. Based on the needs assessment, the City compiled a list of goals and objectives to meet the community's needs in a Strategic Plan. The objectives address housing, homeless, and other community development needs. A summary of the current strategic plan is included in this Plan. Together, the community needs assessment and the Strategic Plan form the Consolidated Plan. In accordance with HUD requirements, the One -Year Action Plan will be submitted to HUD at least 45 days prior to the beginning of the 2010 -2011 Program Year. One -Year Action Plan for 2010 -2011 Program Year The City's Economic Development Division is responsible for developing the annual action plan and administering the programs included in the plan. This department made efforts to include all community stakeholders in the development of the action plan. Appendix "C" has copies of the public notices and a summary of all public comments received. This is the One -Year Action Plan for program year 2010 -2011, a component of the 2010 -2014 Consolidated Plan. It describes how the City will utilize the new HUD grant funds and other available resources to undertake programs and projects that will help the City meet the goals and objectives outlined in the Consolidated Plan. For the 2010 -2011 Program Year, which starts July 1, 2010 and ends June 30, 2011, the City of Newport Beach will receive $385,189 in CDBG Funds. The City will allocate these funds to the following programs: Funds Available for 2010-2011 Plan Projects SOURCE AMOUNT 2010 -2011 CDBG Entitlement $385,189 Unallocated CDBG Funds (Prior Year) $5,149 CDBG Program Income $0 All other forms of CDBG $0 TOTAL $390,338 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -1 REVI S ED 04119/10 1. EXECUTIVE SUMMARY Use of CDBG Funds PUBLIC SERVICES Age Well Senior Services — Home Delivered Meals Program $ 20,000 Families Forward — Transitional Housing Program $ 10,000 Human Options — Community Resource Center $ 4,600 Serving Peo le in Need — Substance Abuse Rehab Program $ 10,000 Share Our Selves — SOS Free Medical and Dental Clinics $ 9,000 CAPITAL IMPROVEMENTS City of Newport Beach — Utility Assessment District Grant Program $ 65,922' City of Newport Beach — 108 Loan Repayment $ 199,346 PROGRAM ADMINISTRATION l City of Newport Beach — Program Administration $ 60,285 Fair Housing Services $ 11,185 TOTAL $390,338 'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149. Request for Proposals The City published a Notice of Funding Availability (NOFA) on December 12, 2009 in the Daily Pilot newspaper. The City also made the CDBG application available on the City website and mailed applications to agencies receiving funds in the current year as well as those that had expressed interest. Agencies were given until January 20, 2010 to submit proposals. In response, six (6) public service providers, one (1) housing provider, one (1) non - profit community service provider, and one (1) City Department submitted applications for CDBG grants for Fiscal Year 2010 -2011. The following organizations were involved in this process: • Age Well Senior Services • American Lung Association • Fair Housing Council of Orange County • Families Forward • Human Options • Serving People In Need • Share Our Selves • CDM Community Aquatics Facilities Foundation • City of Newport Beach — Economic Development Division Citizen Participation The draft One -Year Action Plan was made available to the general public for a period of 30 days prior to holding the City Council public hearing in order to provide residents or agencies the opportunity to review the recommendation for funding. In compliance with the City's approved Citizen Participation Plan and CDBG implementing regulation 24 CFR 92 -105, a Public Notice was published to solicit public comments from interested CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -2 REVISED 04/19/10 a 1. EXECUTIVE SUMMARY citizens and to consider and approve the City's 2010 -2011 One -Year Action Plan. The public hearing comment period ran from March 20, 2010 to April 27, 2010. No comments were received from the Public. As a prerequisite to submitting its Annual Action Plan, the City's Citizen Participation Plan and CDBG implementing regulation require that a public hearing be held to allow citizens and public service agencies an opportunity to express their views concerning the use of said funds. Said public hearing was held on April 27, 2010 before the City Council. A total of six (6) public service agencies, one (1) housing provider, and one (1) City Department were present. Agencies in attendance were given an opportunity to present their program and make a formal request for the funding of their program. There were no additional oral comments from the public on the 2010 -2011 Action Plan. The City is committed to the participation of minorities, non - English speaking persons, and persons with disabilities in the Consolidated Plan process. Wherever a significant number of extremely low- and low- income persons speak and read a primary language other than English, translation services at all public hearings are provided in such language if translation services are available and are requested in advance at least 72 hours prior to the public meeting. Consultation In addition to the NOFA and the mailed applications, the City met with the Planning Department to determine needs and strategies within the City's organization. 2010 -2011 CDBG Allocations The table below illustrates how the City will use the 2010 -2011 CDBG allocation to meet the HUD - mandated priority need categories: The following tables provide a summary of the strategies identified in the 2010 -2014 Consolidated Plan as they relate to the proposed activities for the 2010 -2011 Action Plan: CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -3 R E VISEO 04119110 I�4 1. EXECUTIVE SUMMARY HOUSING 5 -Year Strategy: Expand the supply of affordable rental and homeownership housing opportunities, Outcomementstive Statements Planned Activities Performance Five -Year 2010 Indicator Goals Acquisition of Affordability Covenants on Rental Properties Housing Units 34 0 (North Newport Center & Santa Barbara Condominiums) Affordability /Decent Affordable Housing Construction of Multi- Family Affordable Housing Units Housing Units 68 0 (Airport Area Conexant) Section 8 Housing Choice Voucher and Rent - Restricted Units Housing Units 1 2,000 1 400 Accessibility / Decent Housing Rehabilitation Programs Affordable Housing Housing Units 21 7 Utility Connection Programs Fair Housing Program I People 1 1,000 1 200 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04/19/10 PAGE 1- 11, 1. EXECUTIVE SUMMARY SENIOR SERVICES 5 -Year Strategy: Provide quality'supportiveservices so elderly residents can live as Independently as possible Outcome /Objective ' Planned Activities Performance Five -Year 200 Statements 'Five-Year intlicator Goals {ements General Senior Programs Indicator Goals Information and Referral Accessibility /Suitable Programs Living Environments Food & Essential Services people 500 100 Food and Essential Services People 35 7 Senior Transportation Services SPECIAL NEEDS /NON- HOMELESS S -Year Strategy: Help persons with special needs live as'independently as possible Qutcomel0bjectirce Planned Activities Performance 'Five-Year " 2010 8th {ements Indicator Goals Battered and Abused Spousal Programs Food & Essential Services Referral and Case Management People 35 7 Services Employment Training and Accessibility / Suitable placement for persons with Living Environments Disabilities Upgrade Public Facilities with public Facilities 2 0 ADA Improvements Substance Abuse Rehabilitation Services people 40 8 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -5 REVISED 04/19110 1 � 1. EXECUTIVE SUMMARY HOMELESS AND HIV /AIDS 5 -Year Strategy: Support a; continuum of services in support of the City's and County's effort to end homeless and improve the quality of life for persons living with HIV /AIDS OutcomelObjectiue Statements Planned Activities Performance Five: -Year 2090 Statements Indicator Goals Homeless Prevention Programs Transitional Housing Emergency Shelter to Victims of Accessibility / Suitable Domestic Violence Living Environments People 500 100 Transitional Housing and Support Services for Victims of Domestic Violence Case Management and Other Services PUBLIC SERVICES 5-Year Strategy: 'Contribute to the well -being of individuals, families, and neighborhoods Outcome /objective Planned Activities Performance five -Year 201D Statements Indicator Goals General Public Sery ice Programs Employment and Other Training Programs Accessibility / Suitable Food and Essential Services Living Environments People 500 100 Family Services Health Services Youth Services CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04/19110 1. EXECUTIVE SUMMARY PUBLIC FACILITIES 5 -Year Strategy: Provide access to local public facilities that contribute to community and neighborhood development? Outcome /Objective Planned Activities Performance Five -Year 2010 Statements 11,11151 Indicator Goals sF _ f. Sustainability / Suitable Section 108 Loan Repayment — Create Suitable Living Environments 28°/D Living Environments Balboa Village Improvements public Facilities 5 1 CDBG funds for the 2010 -2011 program year will be allocated among the following national HUD outcomes for the three HUD objectives: �t 15 Me i UM ZAIt nrt r0 11,11151 sF _ f. Provide Decent Affordable Housing 20% Create Suitable Living Environments 28°/D 52% Create Economic Opportunities Improved Availability and/or Accessibility of Decent Affordable Housing is achieved through the City's CDBG investment in fair housing activities such as education, landlord /tenant counseling, and legal action with the Fair Housing Council. In addition, the City's housing rehabilitation program also increases the Availability and /or Accessibility of Decent Affordable Housing for its residents. The Utility Assessment District Grant program will assist low- and moderate - income households to cover a portion of the cost of utility hook -ups and can also correct certain health and safety issues. In the 2010 -2011 program year, the following projects will result in an increase in the accessibility of 207 low /moderate- income households- • Fair Housing Services • City of Newport Beach — Utility Assessment District Grant Program Increased Availability and /or Accessibility of Suitable Living Environments is accomplished as the City contributes CDBG funds to five (5) programs that provide an array of services from emergency and transitional services to home - delivered nutritious CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1 -7 REVISED 04119/10 1. EXECUTIVE SUMMARY meals to homebound seniors. These programs will increase the suitable living environment of 315 low /moderate income persons: • Age Well Senior Services — Home Delivered Meals • Families Forward — Transitional Housing Program • Human Options — Community Resource Center • Serving People in Need (SPIN) — Substance Abuse Treatment • Share Our Selves — SOS Free Medical and Dental Clinics Increasing the Availability and /or Accessibility of Economic Opportunities is an on -going endeavor as the City continues to eliminate blight, improve deteriorated properties and preserve the community infrastructure in order to provide economic empowerment in Balboa Village. The improvements in Balboa Village ultimately improve economic opportunities for low- income persons and increase the range of housing options and related services for persons with special needs. During the 2010 -2011 program year, the City will use a portion of the CDBG funds to pay the debt on a prior CDBG loan that was the catalyst to improve the Balboa Village area: • City of Newport Beach — Section 108 Loan Repayment CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 1-8 REVI SEO 04/19/10 1 I CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 Chapter 2. STRATEGIC PLAN 2. STRATEGIC PLAN Overview The following is a summary of the Five -Year Strategic Plan and how the activities proposed for the upcoming program year will work toward achieving the goals included in the Strategic Plan. The full version of the Strategic Plan is in the City's 2010 -2014 Consolidated Plan and can be obtained from the City's Economic Development Division. The strategic plan goals are divided between Newport Beach program objectives and HUD - specified objectives. The Newport Beach program goals were developed based on the specific needs found within the community. The HUD - specified goals are mandated by the federal government and designed to meet common needs found in communities throughout the country. An activity may appear more than once given that some local and federal goals overlap. All activities proposed for the 2010 -2011 program year will strive to serve low- and moderate - income persons or households. No activities will seek eligibility under the "urgent need" national objective. Newport Beach Program Objectives Housing Funding Priorities and Strategies: 1. Increase supply of housing units affordable to moderate - income households through new construction. 2. Increase acquisition of affordability covenants on rental properties. 3. Maintain existing level of Section 8 housing vouchers and rent - restricted units within the City. 4. Increase housing rehabilitation to prevent deterioration of property and maintain affordable decent housing. 5. Ensure universal access to fair housing choice within the city. Senior Services Funding Priorities and Strategies: 1. Increase and improve supportive services to elderly residents through senior programs. Special Needs /Non- Homeless Funding Priorities and Strategies: 1. Increase accessibility of persons with disabilities to public facilities. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -1 REVISED 04119/10 1 fi 1 2. STRATEGIC PLAN 2. Increase supportive services for battered and abused persons due to domestic violence. 3. Increase supportive services for persons suffering from substance abuse. Homeless and HIV /AIDS Funding Priorities and Strategies: 1. Preserve the supply of emergency and transitional housing. 2. Improve services for homeless persons and prevent those at -risk of becoming homeless from losing their housing. 3. Improve services for women and children who are homeless because of domestic violence. 4. Improve quality of life for persons living with HIV /AIDS. 5. Increase case management and other services. Public Services 1. Increase accessibility to general public services for the purpose of creating suitable living environments. 2. Increase availability of employment and other training programs. 3. Improve accessibility of food and essential services for the well -being of individuals. 4. Increase accessibility to family and health services for the purpose of creating suitable living environments. Public Facilities 1. Sustain local public facilities for the purpose of maintaining suitable living environments. 2. Preserve community infrastructure in order to provide economic empowerment in targeted neighborhoods. HUD - Specified Program Objectives 1. Address Obstacles to Meeting Needs 2. Foster and Maintain Affordable Housing 3. Remove Barriers to Affordable Housing 4. Reduce Poverty CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -2 RE VISEG 04/19/10 r, "`$ 2. STRATEGIC PLAN 5. Develop Institutional Structure 6. Enhance Service Delivery 7. Address Threat of Lead Paint 8. Improve Public Housing CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 20 10-20 11 PAGE 2 -3 R E V1 EO 04119/10 2. STRATEGIC PLAN Newport Beach Program Objectives: Housing 1. Increase the supply of newly constructed affordable housing units to moderate- income households As stated in the Newport Beach Housing Element, the City's goal is to preserve and increase housing affordability. The City has set a target of adding 68 housing units at Airport Area Conexant in the Consolidated Plan. This goal will be met towards the end of the 5 -year period. 2. Increase acquisition of affordability covenants on rental properties The City has set a target of adding 34 affordable housing units in the Consolidated Plan. The City will acquire covenants on rental properties for the purpose of increased affordable rental units at North Newport Center and Santa Barbara Condominiums. 3. Maintain current level of Section 8 Voucher and Rent - Restricted units supply Section 8 vouchers are rental assistance payments to owners of private market rate units on behalf of very low- income tenants. This program allows the users to find their own housing which best suits their needs. Currently, the County has approximately 120 vouchers within the Newport Beach City boundary at any given point in time. The City will continue to support this county administered program and promote the increase of vouchers in the City. In addition, the City continues with the on -going rent - restricted units totaling approximately 323. 4. Maintain decent affordable housing through housing rehabilitation and utility connection programs The City will prevent deterioration of property and improve the existing conditions for the purpose of creating decent affordable housing through housing rehabilitation and utility connection programs. The City has set a goal of 21 owner- occupied housing units to be rehabilitated through the Utility Assessment District Grant program in the consolidated plan. The City has planned to meet a goal of 7 owner - occupied housing units for the 2010 -2011 program year. • City of Newport Beach Utility Assessment District Grant Program $65,922 5. Ensure universal access to fair housing The City is committed to ensuring the right to housing for all of its residents. Fair housing activities undertaken this year will be carried out by the Fair Housing Council of Orange County and will include conflict resolution, landlord /tenant counseling and investigation /prosecution of discrimination complaints. The City will also partner with other local jurisdictions and the Fair Housing Council of Orange County to update the regional Analysis of Impediments to Fair Housing (Al). CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04)18110 PAGE 2 -4 r7 f�v 2. STRATEGIC PLAN The Fair Housing Council provides services above what is typically considered housing discrimination. In the coming year, the organization will address discrimination in the following areas: • Lending Practices: While data and study has not shown discrimination in lending, efforts have not been proactive. • Insuring Practices: Some insurance companies may be targeting certain zip codes for higher rates of denial or different terms and conditions for insurance coverage. • Outreach and Education: A lack of a standard in the fair housing education system may leave gaps in communities. In addition, some immigrant populations may not be aware of the right to fair housing. • Public Policies /Programs: A lack of coordination among cities in the region in regards to their planning activities may have an adverse effect on fair housing efforts on a regional basis. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROS RAM YEAR 2010 -2011 PAGE 2 -5 REVISED 04/18/10 Yf 3 sJ 2. STRATEGIC PLAN Newport Beach Program Objectives Homeless and Public Services Senior Services, Special Needs /Non- The City's Consolidated Plan must describe the needs of persons who are not homeless but who require supportive housing. These "special need" populations include elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addiction, and public housing residents. 1. Increase accessibility to public facilities The City will continue to provide funding for ADA Sidewalk Improvements to public facilities throughout the City to ensure accessibility to residents with disabilities. In the upcoming program years, the City will allocate CDBG funds for such improvements. The City set a goal of improving ADA access to two public facilities in the consolidated plan. 2. Improve support services to elderly residents Seniors are the largest and fastest growing "special need" population in Newport Beach. The City will provide support to seniors to enable them to remain independent. In the upcoming program year, the City will provide CDBG funding to Age Well Senior Services, Inc. to manage and administer the Hoag Hospital Mobile Meals Program. This program delivers nutritious meals to Newport Beach residents who are homebound due to age, disability, or illness. This service allows seniors who may otherwise become institutionalized remain in their homes and maintain their self- sufficiency. In the 2010 -2011 program year the City has recommended funding for the following activity to help address the special needs of persons in and around Newport Beach: • Age Well Senior Services Home Delivered Meals Program $20,000 3. Improve support services to those with substance addictions Persons suffering from substance addictions are a target population of the City's Anti - Poverty Strategy. Once a person has begun the recovery process, there is a higher chance they will become self - sufficient. In the upcoming program year, the City will continue to support the efforts of Serving People In Need (SPIN) by funding their Substance Abuse Rehabilitation Program for low- and moderate - income clients. The program includes one month of room and board, counseling, and supplemental services focused on employment, medical assistance, and legal assistance. In the 2010 -2011 program year the City has recommended funding for the following activity to help address the special needs of persons in and around Newport Beach: • Serving People In Need Substance Abuse Rehabilitation Program $10,000 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 20 10-20 11 REVISED 04/19/10 PAGE 2 -6 �t 2. STRATEGIC PLAN 4. Assist battered women and children Domestic violence may not be as visible in Newport Beach as in surrounding communities, but the City still views people with special needs as an important issue that is a high priority to be addressed. In the 2010 -2011 program year, the City has recommended funding for the following activity to help address the special needs of persons in and around Newport Beach: • Human Options Community Resources Center $4,600 5. Provide and improve public services to contribute to the well -being of families and neighborhoods The City will continue its efforts to provide and improve public services to its residents. The City has identified a need for health services assistance to persons who cannot afford medical and dental insurances. This upcoming year the City has recommended funding for Share Our Selves, a non - profit organization that provides primary/urgent care on a daily walk -in basis, chronic care, and specialty care by appointment to uninsured Orange County residents and patients in the County MSI Program. This activity will provide a service to persons in need of medical and dental care. In the 2010 -2011 program year, the City has recommended funding for the following activity to help address needed public services in and around Newport Beach: • Share Our Selves SOS Free Medical and Dental Clinics $9,000 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2910 -2011 PAGE 27 RE VI S ED 04/19110 2. STRATEGIC PLAN Newport Beach Program Objectives: Homeless 1. Preserve the supply of emergency and transitional housing While no emergency shelter or transitional housing facilities are located within Newport Beach, the provision of shelter is a priority for the City. The City will work with agencies in surrounding areas to address homelessness. In FY 2010 -2011 the City will fund the following activities to meet this goal: • Families Forward Transitional Housing Program 2. Assist homeless and prevent those "at- risk" of becoming homeless $10,000 Part of the City's Anti - Poverty Strategy is to assist those "at- risk" of losing their self - sufficiency and becoming more dependent on public services. The City will fund the following projects in FY 2010 -2011 to meet this goal: • Families Forward Transitional Housing Program $10,000 3. Assist homeless battered women and children Homelessness may not be as visible in Newport Beach as in surrounding communities, but the City still views homelessness as an important issue that is a high priority to be addressed. The City will continue to work with its partner agencies within the Orange County Continuum of Care to best meet the needs of homeless persons and those at risk of homelessness. In the 2010 -2011 program year, the City has recommended funding for the following activities to help address the public service needs of homeless persons in and around Newport Beach: • Human Options Community Resources Center • Families Forward Transitional Housing Program 4. Improve support services to HIV /AIDS population. $4,600 $10,000 In prior years, the City has worked with Mercy House's transitional housing program "for adults living with HIV or AIDS, the only project of its kind in Orange County. Mercy House administers the project. In prior years, the City has provided funding to provide staff salaries and program supplies at Emmanuel House, Joseph House, and Regina House. While the City will not be providing CDBG funds to support this public service because these organizations did not apply for funding, the City will continue to support the efforts of these providers in assuring Newport Beach adults living with HIV or AIDS are being served. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -8 REVISED 04119/10 �,9) 1 2. STRATEGIC PLAN Newport Beach Program Objectives: Community Development 1. Sustain public facilities to eliminate blight, blighting influences, and prevent the deterioration of property. The City has completed the work detailed in the Balboa Village Pedestrian and Streetscape Improvement Plan. CDBG funds were used to secure a Section 108 loan, which was used in conjunction with City parking funds to fund the improvements. The City expects the project to stimulate private economic investment in the area. In other CDBG Target areas, the City will rely on code enforcement activities to identify deterioration in its early stages. • City of Newport Beach Section 108 Loan Repayment $199,346 2. Preserve community infrastructure to provide economic empowerment in targeted neighborhoods In FY 2010 -2011, the City will use CDBG to repay the loan used for the Balboa Village Pedestrian and Streetscape improvements and provide other funding sources to fund code enforcement officers to identify deterioration in its early stages. • City of Newport Beach Section 108 Loan Repayment $199,346 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -9 R E VISEO 04/19/10 2. STRATEGIC PLAN HUD - Specified Program Objectives 1. Address Obstacles to Meeting Needs The housing and community development process is lengthy and complex. A wide range of obstacles often hamper new development. HUD asks local governments to formulate a plan to mitigate these obstacles. The City has identified the lack of developable sites, high land costs and limited funding as obstacles to affordable housing. Other obstacles in non - housing community development include NIMBY- ism (Not in My Backyard), lack of organizational capacity, and lack of available funding. In response, the City has adopted policies to overcome some of these obstacles. In regard to affordable housing, the City encourages affordable housing production by providing density bonuses to interested developers and through the inclusionary zoning requirements. The City will work closely with affordable housing developers to expedite the permitting process in order to cut costs. In regard to non - housing obstacles, the City will facilitate community involvement to increase understanding of community needs and the possible solutions to meet those needs. The City will maintain close partnerships with service providers and other community development professionals to identify and correct issues such as lack of capacity and resources. 2. Foster and Maintain Affordable Housing As stated above, the City has identified the lack of developable sites, high land costs and limited funding as obstacles to producing affordable housing. However, within the Newport Beach Sphere of Influence, there may be additional options for future residential development. The Bay Knolls and Santa Ana Heights areas were annexed by the City in 2006. As a result of the annexation, the City will explore opportunities for increasing the City's affordable housing supply in these areas. Toward the end of the 2010 -2014 Consolidated Plan cycle, additional affordable units will be created. The City continues to monitor and enforce affordability covenants on affordable housing projects throughout the City. This includes not only housing units developed with federal funds, but also all units with an affordability covenant in place. 3. Remove Barriers to Affordable Housing The City will continue to implement the following procedures and programs: Monitor all regulations, ordinances, departmental processing procedures, and residential development fees to ensure these requirements do not excessively constrain affordable residential development. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVI SEO 04/19110 I C 2. STRATEGIC PLAN • Continue to offer density bonus incentives for the development of affordable housing pursuant to state density bonus requirements and the City's General Plan Housing Element. • Partner with the Fair Housing Council of Orange County to provide tenant and landlord counseling to provide fair housing opportunities for Newport Beach residents. 4. Reduce Poverty Almost all of the City's funded programs are aimed at helping a family or individual increase or maintain their self- sufficiency. For example, the Age Well Senior Services' Mobile Meals Project supports self- sufficiency of seniors and persons with disabilities. In the 2010 -2011 program year, the City will fund the following activities that will directly contribute to reduction of poverty levels in Newport Beach: • Age Well Senior Services Home Delivered Meals $20,000 • Human Options Community Resources Center $4,600 • Serving People In Need (SPIN) Substance Abuse Rehabilitation $10,000 • Families Forward Transitional Housing Program $10,000 5. Develop Institutional Structure The City relies heavily on its community partners in order to provide needed services to area residents. Unfortunately, the City receives a relatively small allocation of federal funds, of which only 15 percent can be provided to social service organizations for the provision of services. City staff will work with organizations that do not receive federal funds and provide a Certification of Consistency if the proposed project reflects the goals and objectives of the City's adopted Consolidated Plan. 6, Enhance Service Delivery (Including Monitoring) The City continues to refine its internal procedures and build its relationships with partner agencies in order to provide the highest level of service to the targeted populations. The City will also make efforts to ensure a high level of service from its sub - recipients to further the current Five -Year Consolidated Plan and the One Year Action Plan. These efforts start at the beginning of the program year with a technical assistance meeting that covers program requirements, such as record keeping, invoicing, and procurement. Throughout the program year, the City will review payment requests and progress reports to ensure program compliance and provide technical assistance when needed. It is the City's goal to provide on -site monitoring CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 - REVI5ED 04/10/10 2. STRATEGIC PLAN to every sub - recipient at least once during the program year. The goal of the monitoring is to ensure program compliance and improve the level of service. In regard to capital expenditures, the City will ensure that procurements and project administration comply with all federal, state, and local regulations, including environmental review, prevailing wage requirements, and Section 3 requirements. Long -term monitoring of capital expenditure projects is maintained through quarterly, semi - annual and annual sub - recipient reports. The reporting requirements are clearly defined in the applicable capital expenditure agreement and explained to sub - recipients prior to the implementation of the agreement. The reports vary according to the type of capital expenditure project such as housing and facilities. Included in the agreement are other conditions including property standards, on -site inspections, and funding requirements. Many of the capital expenditure agreements for housing related activities contain affordability covenants to ensure the units are made affordable through the period of affordability, made available to and occupied by the target population, and appropriate size /type for the respective households. The City reviews the reports submitted by capital expenditure sub - recipients to ensure compliance of long -term capital expenditure projects. Additionally, the City has annual site- inspections to ascertain compliance with housing codes and other conditions of the capital expenditure agreement. Sub - recipients who are not in compliance are put on a work out plan and monitored more frequently until the project is in compliance with the applicable conditions and requirements specified in the agreement. 7. Address Threat of Lead -Based Paint Most cities that administer a residential rehabilitation program can make great strides toward reducing the threat of lead -based paint in its housing stock. However, the City does have a residential rehabilitation program so it must find other ways to address lead -based paint hazards. In the upcoming year the City will take the following actions: • Work with agencies in a collaborative effort to secure funding and provide low - cost training to testing and abatement contractors and workers. Monitor the lead- poisoning data maintained by the Orange County Department of Health Services. Educate residents on the health hazards of lead -based paint through the use of brochures and encourage screening children for elevated blood -lead levels. 8. Improve Public Housing As stated in the fourth local housing goal in the above section, the City will assist the Orange County Housing Authority (OCHA) to maximize the use of Section 8 funds and other resources within Newport Beach. There are currently thirty -one (31) OCHA participating jurisdictions, including Newport Beach. Representatives from the CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04119110 y ✓i f 2. STRATEGIC PLAN participating jurisdictions meet at a minimum quarterly, often times monthly, to form the Cities Advisory Committee to assist the Orange County Board of Supervisors and the OCHA staff in accomplishing public housing goals. Newport Beach attends the meetings regularly and provides input on the OCHA Annual Plan and Administrative Plans. Although there are currently no public housing units in Newport Beach, the City is committed to assisting OCHA in expanding affordable housing opportunities within the City limits for Section 8 Voucher recipients and ensuring OCHA goals are consistent with the City's Consolidated Plan and Housing Element. 9. Discharge Planning & Ending Chronic Homelessness The Orange County Housing and Community Services Department (HCS) and the Orange County Partnership are two of three lead agencies that facilitate the year round Continuum of Care planning activities, including coordination of discharge planning services throughout Orange County and other actions steps to end chronic homelessness. Under the direction of HCS, the OC Partnership exists to develop a countywide system that nurtures and strengthens the emergency shelter network system by removing homeless persons from the streets to more viable living accommodations. It also aims to build a program that offers homeless persons the opportunity to reintegrate as contributing members of the community. A major component of this effort is to coordinate how persons from various institutions are discharged so that people aren't released into homelessness or unsuitable living environments. HCS and the OC Partnership will work with hospitals, homeless service providers, mental health institutions, public safety, and others to develop discharge policies that help alleviate homelessness and not contribute to the problem. The City will participate in the development and implementation of the policies. HUD defines a chronic homeless person as an unaccompanied homeless individual with a disabling condition who has either been continuously homeless for a year or more, or has had a least four episodes of homelessness in the past three years. The City will continue working with the OC Partnership and HCS to implement the following action steps, as part of the countywide effort to end chronic homelessness, including: Singe point of entry application which streamlines the entry process for homeless persons into the countywide continuum of care system. The common application makes it easier for homeless persons, especially the chronic homeless, to access services. • Homeless court program which enables chronic homeless persons to resolve outstanding legal issues on the condition of enrollment in substance recovery programs, mental health treatment, supportive services, and /or shelter /housing programs. _ - CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -13 3 REVISED 04119/10 1 rv"X} C �. r 2. STRATEGIC PLAN • Discharge planning as previously mentioned which ensures chronic homeless leaving County jails or approved medical centers are not released into non - suitable living situations. The discharge plan also links chronic homeless persons to appropriate substance abuse, mental health treatment and housing services. • Orange County client management information system (CMIS), a countywide database that enables providers to share information to coordinate services for chronic homeless and homeless who are dually diagnosed. CMIS also helps identify chronic homeless so that providers can tailor supportive services to meet individual needs. The system reduces intake and processing time for those homeless persons who frequently utilize services in the countywide continuum of care. • Society of Saint Vincent DePaul's Emergency Shelter Grant (ESG) funds which provide case management and supportive services to hard to reach chronic homeless who utilize the Winter Amory Program. Homeless persons are linked to transitional housing, permanent supportive housing, and /or supportive services. • Development of a countywide single point of access to mainstream funding application forms that will make it easier for homeless persons and providers to access financial resources to respond to homelessness. • Quarterly meetings of the Continuum of Care Forum where providers and funders can maintain dialogue on ways to improve the continuum of care for homeless persons throughout Orange County. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 2 -14 REVISED 04/19110 l}'TAr I � S CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 Chapter 3. AVAILABLE RESOURCES f ., F 3. AVAILABLE RESOURCES Federal Resources The City received a total of $385,189 in CDBG funds for the 2010 -2011 program year. This year there are no carry over funds from prior years. In total, the City has $390,338 for the 2010 -2011 program year. log 1!i"�.,.,F*'4T 2010 -2011 CDBG Entitlement NO $385,189 Unallocated CDBG Funds $5,149 CDBG Program Income $0 All other forms of CDBG $0 TOTAL $390,338 In addition, Section 8 Housing Vouchers and certificates will be available to Newport Beach residents through the Orange County Housing Authority. State and Local Resources The City will continue to provide support, such as subsidies, general funds and fee waivers, to activities that help meet the objectives specified in the Strategic Plan. Other Resources The City has been awarded CDBG -R and Energy Efficiency and Conservation Block Grant (EECBG) funds under the American Recovery and Reinvestment Act (ARRA). It is difficult to estimate the amount of other resources that are available for affordable housing and community development projects in Newport Beach. Over the next program year, the City may pursue the following available funding sources: • Workforce Housing Grant • BEGIN Funds • California Housing Finance Agency (CHFA) Multi - Family Rental Housing Program • CHFA Home Mortgage Purchase Program • California Housing Rehabilitation Program -Owner Component • Low Income Housing Tax Credits • Local Housing Trust Fund Program • Tax Exempt Housing Revenue Bond CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04119/10 4i i CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 Chapter 4. DISTRIBUTION OF RESOURCES ,t,) 4. DISTRIBUTION OF RESOURCES Distribution among Priority Needs The funding available under the Consolidated Plan may be used to meet a wide variety of needs. The City established local priority needs based on the housing market analysis and other research conducted as part of the 2010 -2014 Consolidated Plan. The goals listed in the Strategic Plan section of this document are the result of that research. The City gives priority to projects and programs that will pursue the goals listed in the strategic plan. Geographic Distribution All CDBG funded public service activities will be available to Newport Beach residents citywide based on income and other eligibility criteria. These activities cater specifically to low- and moderate - income residents or to groups presumed to be of low- and moderate- income instead of residents in a specific area. Public Facility improvement activities will be targeted to the Balboa Peninsula area or to an area designated as an eligible CDBG Target Area (see CDBG Target Area Map). Projects that serve an identified geographic area, such as parks, facilities, community centers and street improvements, are eligible for CDBG funding based on the percentage of low- and moderate - income residents living in the service area. In most communities, the threshold is 51 percent. However, some communities, such as Newport Beach, have no or very few areas that meet this threshold. For these grantees, the CDBG law authorizes an alternate method to determine a lower threshold. The Balboa Peninsula is one of the few areas in Newport Beach that is eligible for CDBG assistance under this alternate calculation of eligibility. Please refer to the map on the following page for more details on the areas that will benefit from Public Facilities Improvements. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2 010-20 11 PAGE 4 -1 R EVISEO 04/19/10 I- f -_ �,BALBOA 1 Assessment District 100 PIER 13th St. /Balboa Blvd. /Adams St./West Ocean Front Assessment District 103 THE` G St. /Balboa Blvd. E. /Channel Rd. /Ocean Blvd. WEDGE xip Proposed Underground 0 1,000 2,000 Assessment & Utiility Districts Feet NEWPORT w DUNES- 3 J` LINDA ISLE COAST HAI�BORIO f p COLLINS" LIDO BAY ISLAND r 30 ISLE ISLAND" <' BALBOA ISLAND I- f -_ �,BALBOA 1 Assessment District 100 PIER 13th St. /Balboa Blvd. /Adams St./West Ocean Front Assessment District 103 THE` G St. /Balboa Blvd. E. /Channel Rd. /Ocean Blvd. WEDGE xip Proposed Underground 0 1,000 2,000 Assessment & Utiility Districts Feet CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 Chapter 5. PROGRAM YEAR ACTIVITIES 5. PROGRAM YEAR ACTIVITIES 2010 -2011 Program Year Sources of Funds ID Fund Source Amount 2010 -2011 CDBG Entitlement U.S. Dept of HUD $385,189 Unallocated Funds U.S. Dept of HUD $5,149 TOTAL SOURCES $390,338 2010 -2011 Program Year Uses of Funds ID Organization Program /Project Funded Amount Age Well Senior Services Fair Housing Council Families Forward Human Options Serving People In Need Share Our Selves City of Newport Beach City of Newport Beach City of Newport Beach TOTAL USES Home Delivered Meals Fair Housing Services Transitional Housing Program Community Resources Center Substance Abuse Rehabilitation SOS Free Medical and Dental Clinics Utility Assessment District Grant 108 Loan Repayment CDBG Administration 'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149. $20,000 $11,185 $10,000 $4,600 $10,000 $9,000 $65,922' $199,346 $60,285 $390,338 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 PAGE 5 -1 REVISED 04/19110 Grantee Name: City of Newport Beach Project Name: I CDBG Administration Description: I IIDXSPr.i..#; 2010 -51 JUOG Code: ICA62454 NEWPORT BEACH This project will provide for the overall administration of the CDBG Program, to include: preparation and submission of the Annual Action Plan and the CAPER, IDIS data input, provision of technical assistance, monitoring of all projects, and overall fiscal management. Location: qi s`x,o '.:'�eiyfj5'rit'Jlbo Cat¢ # .-„"_s _s'.. J... !. -try of Newport Beach 3300 Newport Biwa. Newport Beach, CA 92658 $QIQCt One. - �Pdmr't3ra4m _ 1.��' Explanation: Expected Completion Date: The goal of the City's CDBG program is to provide decent housing, housing choice, suitable living environment and economic opportunity for all residents, businesses and visitors. Staff responsible for CDBG administration work towards these endeavors. V30/2011 ea., O Doi Housing 0 Suitable Living Envlmnment O Economic UpprnwoTy v. •,t?;, outcome Categories OMotilillity /Aaacimnt, 1. srpmedw..ed�Axnxtrm;,m:n pam:e 7a ; y e E n nUnderway O E 6 U aUnderway Omnm Proposed N/A iA r,3�0 IF Program Year 4 Proposed Vear 1 Underway complete UnarwaY complete A®trp. npe Pro ram Vear 2 Proposed „_, Aminrl. Type v. Proposed — - -- -- Program Year 5 Underwa complete Complete AanTI. Ty{cProposed p®nyt, Ttpc pro ased Pro ram Vear 3 com lets _.. _._ Can Plan Period Underpay Complete Proposed Outcome Performance Measure I Actual Outcome Abbess to decent housing and suitable living environment National Objective: N/A see individual CDBG Project nA(' alpmPam.anttwAUtsRa15 ��MAaC�. i�I ladmicudsaa Na4"vt CAd^s � IRAixCades tom. Pro ased Amt. $60,2 85.. ? "ryst Spire 'q Proposed Amt. _ Actual Amount - Ntl Aam� Actual Amount Fonda Swce, _. Pro osea AmG Proposed Amt. Actual Amount Actual Amount E Q +_ A®np Toe: 17 Pro used Uri to -- Actual Unas N/A N/A / tp TK.c ; Pro osetl Units gc[ual Un is d Aadmp TVa Proposed Unns A�N Typo � Poposetl Un is Actal Unz u Actual Units N lass _ Pro osed Amt. Action Amount r i rani Bounce t=, - ?; Rttl bar¢ R Nu: Y Proposed Amt. Actual Amount ��� psy$ym L Proposed Amt. Proposed Am[. Actual Amount Actual Amount E a Q lmml Type - - Pro osed Units A.mn1 T)pe: 'v. Proposed Units Actual Unix Actual Units 4 0.ar¢L ljpe i.�. Proposed Units '.,�nry, Type "Ir '� - - Proposed Units Actual Units Actual Units m (� g i- 5 Proposed Amt. ,' Eatl smaa ]' ,.- - - - -- Pra osed Amt. Actual Amount Attual Amount E E ax WdSgsm Proposed Amt '; Rrd Saves _ proposes Am[. Actual Amount Actual Amount Omnrl._Typz Proposed Units A�nTt Tnx: �s Proposed Units - -- - Actual Units y, Actual Units O Q. gmnrA Twe ; Pro osetl Units ,Ii Agarai ypc '7' Proposed Units Actual Units Actual Units p IaBG Ci Pro osed Amt ,. PxYl9 ro osetl Amt. Actual Amount Actual Amount ag p_ nttl5afm {_r� Pro osetl Amt. '; �' Proposed Amt. Actual Amount Actual Amount A .l}pe Proposed Units Aesop. Type - -- _. _._s up osed Units Actual Units Actual Units Aonr:fd. Type Wt Pro osed Unit. 'Antonia. Type: r Proposed Units Actual Units Actual Units N Proposed AmL gttl 5'oa� Proposetl Ami. Actual Amount ___ Actul Amount Pra osed Am[. � tart Sass 31_ '? Proposed Am[. Actual Amount Actual Amount E Lzi Prp osed Units "r',.A®nW. Type Pro osed Units Actual Uni nwa Pro osetl Units Type. y; - pro osed Units Actual Units AGU.I Units 2010 -2011 Action Plan Revised 04 -19 -30 f.;5 9 Grantee Name: City of Newport Beach Pro'eR Name: Fair Housin Council O.C.: Fair Housin Services tesvi tine: xms Pro'eet p: zoio -.z uoG Cme: CA62454 NEWPORT BEACH The project will provide fair housing education, counseling, and enforcement services to current or potential Newport Beach residents, coupled with landlord /tenant Counseling services. These services impact and benefit target CDOG areas and the extremely -low to moderate income population. Location: P.d'.1iiN 'd t.dtE o Fair H.using council of Orange ty 201 South Broadway Sorto Ana, CA 92Jg1 S¢I¢Ct one: Explanation: Exporter! Completion tote: Low - income and special needs persons often have limited resources to address any landlord /tenant concerns, or other issues that affect their housing. Providing access to fair housing services Improves housing choice, ensures decent housing and a more suitable living environment. 6/30/2011 - o'nexal do' 0..rent Housing O S.1able Less environment O Ewnpmk Oppwtunlry Outcome Categories �' AwlleGll[y /Aa¢dblllry ❑wel lop ❑susminauliry llnpwcacewmalradYle,atlbounds, 7— L 3 _ _ C i Grantee Name: City of Newport Beach Pro'ect name:HUman O lions: Communit Resource Center Descri non: IRIS pro'ec1 N: 2010 -a3 uo0 Coate ICA62454 NEWPORT BEACH This project will provide a wide variety of counseling and educational programs to help victims and their family members deal with the effects of domestic violence. Cl funds will be used to pay for a portion of the salaries of staff who provide counseling and case management services. mranen: c540 Tra ry Resource center 5540 Ck 926 Raatl Irvine,G92620 Select One: ^� AfACSeni� 7, R �_ Explanation: Expect completion Date: Victims of domestic violence who Flee their abuser Often need confidential support services and housing. Many victims flee an abusive situation without the resources (food, clothing, etc.) necessary to support themselves. This can often lead to homelessness. National Objective Citation: LMC 510.208(a)(2)(i)(A) 6/30/2011 boon, O Decent Housing ® SUPble Unam Environment OErmgnlc Oppcdunlly Outcome W[cces iez OAudil i idly/ CCxsidliry ❑sessidNry 1 InpwelMsex�tvbwrfiodirmnepemrs t, - 3 i Ce V E ¢L{6pe _. Pro ram Year 1 Pro osed J m16zYe Pro setl Untlerwa .._— Pro ram Year 4 UnderwaY 1complete com s ere �= u E ^E M f6pe tai Pro .tea aureole, Pro osed ___... Pro ram Year 2 unaerwa _._— — Pro ram Vear 5 umarse com late com lete e A, y a: "- Ol lvNe _..... ^.�; Pro ram Year 3 Pra osea A®nrt. TYPe llti Proposed - Can Plan —Period Underway complex complete complete Proposed Outcome Performance Measure Actual Outcome Accessibility for the purpose of Creating suitable living environment People SGl gvallability /Accessibility D9G �I0ae'ladMw'19Axrrs5AID1(e) f pum, C>e Marla JS -... lr INhixf Na H ar CV9+ s,1 C - Pro osedAmt 4 600 ". us sounds 7j Proposed 0 sad Amt. Actual Amount Actual Amount ar E qIC proposetl Amt 408698 pn{scome jp _ H Proposed Amt. Actual Amount Actual Amount na 0 Ul hµle '! Proposed Units Y ,A ,: Amount TUC ('7: Proposed Units Actual Units Actual Units A. hmryl. Type., >3 Proposed UNtz ?t.. AmiP bK ; P'',ji -f Pro used Units Actual Units Actual Units m QH' er'' pmmsxxm q ;� proposed Amt �IA pctualAmount OtlC :';' Proosed Amt. Actual Amount A m d Ot {9'tYe ._ r' .ryyC L Pro osed Units Actual Units Proposed Units Actual Units :; Aamma` )pe �V! ' "` fi,.' �� tylC l j' :t pro osed Units Actual Uni s Pra osed Units Actual Units m i. 6eG . Pro osetl Amt. Amount v `grads rbe ti=. Proposed Am t. Actual Amount 9 WC 653 -- - - -- C,) Proposed Amt Proposed 3`P`NUVr� ! - -Actual Proposed Amt Actual Amount ,'is•; Amount E mlm+pa Pro need units ' : <Antonio, Mc J Proposed! Units O d Actual Units ° - Actual Units lrBirY.TUC _ - Pro osed Unitz _ Abaci True: %�I Proposed Units Actual Units J_I Actual Units C q ma6 Proposed Amt. " Rrtl Spurn U pro osedAmt Actual Amount Actual Amount YWC LJIIPr.p - - - -- Jtml osetl Amt prsl5grm - - ;reposed Amt Ad Amoun< Actual Amount E q M Paris Pro osed Units Actual Units Apt, Tom, f= t Proposed Units Actual Units Q- d AmryL T4C L -- , reposed Units Actual Units Actual Unite b E mBG i� pro osedAmt 9 ':'* pn{yirre 1T� `- gryl5oum }i ,,.j - Proposed Amt Actual Amount Pro osedAmt q1C 'ActualA Actual Amount Amt 9 Actual Amount Actual Amount A M al PS{le� jAra osed Units Actual Units A x.,L Type l� ` Praosed Units Actual Units i 6 Amnpt TlPU Proposed Units r:=. r, Trips Promised Units Actual Units Nit ' Actual Units 2010 -2011 Action Plan Revised 04 -19 -10 Grantee Name: City of Newport Beach won -ecx name: Families Forward: Transitional Housing: Pro ram Descri fion: lots vrp'ect u: 2(110 -U4 uOGeads. CA62454 NEWPORT BEACH The Transitional Housing program assists homeless families to regain stability and self sufficiency. The target population is homeless families with children. The program provides case management and supportive services to households residing in Families Forward transitional housing units. CDeG funds will be use to pay for a portion of the salary of a case manager. Locat o ".ui/'�.'° 6 ✓:._ , lAiit "d%ti'Ea� + } - es Forward 9221 Hvine, 99W6 Irvine, G 92618 $eIOCt OUe: r.. IgFfic SaN� Explanation: Expected Completion Date: Provide needed services for law /mod income persons by preserving the supply of emergency and transitional units and those at risk of homeleness. Na[onal Objective Utaben LMC 570208(a)(2)(l)(A) 6/3012011 Dh camas raunchy o Decent HOMlig ®SUld6k UV ng Ciro mnmen[ oEmnadc ov ppmian - aY;°br'ed(G€o6'.4 is: . �;. .r, outcome categories OAwllability/Aaecsihiliry OAffoNahAity ❑6oebinability 1➢v�Bennly Utund�pamre npuigimpmagrfwem - - - - __ -- 21npaede�i�fa lovrfiotl irmrte Pamr, _._ - �_._. 3 ._..— w c a Ol linos Proposed 100 Ol paps �" - _.. _. _.. _.'_. Pro ram Year 4 pro sea J Program Year 1 Underwa underway com lets complete LA n hmnrl. Ttpe _� Pro osed MPinfle v - - - - -- - - Pro ram Year 5 Pro osed Pro ram Year 2 Underwa Underwa Complete cam lets pAM.ML a Type __.. Pro. ram Year 3 pro peed Frmrp.8pa (�; _— .._. -... ___.. — ..._underway Con Plan Period Proposed Underwa complete complete Proposed Outcome Performance Measure Actual Outcome Accessibility for me purpose of tried, suitable Ilving environment People > SL -1 Availability /Accessibility, 03r Q ran 90LCf III miale /AmSPaEe6 nations, MxrixCodk 1'') Mnixowns, ._. Mtbixnils �t earn, Corso ry IDeO iF' Proposed Amt 10,000 FxA soul V JProposedAmt. Actual Amount E .�� qlv J Pro osetl pmt Actual Amount $110990> tlir. IlSd Scam 'yr in Proposed Amt Actual Amount aa G mFapa � Pm osed Units Actual Units 100 p rt Type V. ;(i, Ys' Proposed Units gctual Units - d psrsry,Typ¢ 2 Proposed Units ;1 Antra. Type Lv 1�6i� Pro osetl Units Actual units Actual Units MW Pra osed Amt •} purl Soum '7 Proposed Amt - r�y gNSOUm ' Actual Amount Pro osed Amt Actual Amount t 9j FUtl5arm 7 Actual Amount Proposed pmt Actual Amount E mPnPle Pra paea unxa .., �rrp. Type L. Proposed units Actual Units _ Actual Units d Amsp, Type �< Pro osetl Units +Amara. Type proposed Units Actual Units Actpal Units M q QOr Pro osetl Amt. gry5cum 4=J. 'i 4=1 ProPOSed Amt. Actual Amount Actual Amount E r� gMSUUm s Proposed Amt Frxl Rxum # ;_ sv% Prop osetl Amt. -. Actual Amount Actual Amount p116tde r1_f Proposed Units Actual Units •i ry¢ugL T}¢ fE Proposed Units Actual Units d pmxrp, Ty}v+ Proposed Units Id/r 11 Aaxn .7yxx I Proposed Units Actual Units Actual Units p Cal.. sed Amt Sgrm Pro osetl Amt. Actual Amount Actual Amount E E 0 Otlr� Pro osetlAmt .' Soam .! Proposed Amt. _ Mggie Actual Amount; Proposed Units }; Atonal Amount "l hmip, Tyco i�- Propasee Units Arius 1 Units p. `: Actual Unrts d Amtp, Tyl¢ 7 Proposed Units C A®iip. Type �� Pwroc —d Unis gttual Units?.; -- Actual Units CDBG Pro said AMIL. pudg ud U'Proosed �. -- - Amt. Actual AMaunt ActualAmount E m d `ry q{g !'w'•1,, MIly# Proposed Amt Actual Amount Proposed Units rE• 4. 1, RM 9ira �. Proposetl AML ,yvS.A®up. type }. Actual Amount PrO osed Units Actual Units Pra zedUnits AmiryL Typo Actual Units Proposed Units ; 'j" AAmApLT' as 1 Actual units Actual Units 2010 -2011 Action Plan Revised 04 -19-10 I 3 t Grantee Name! City of Newport Beach gYWell Pro'pct Name: Age Senior Services: Home Delivered Meals oesoi tion: xUlS Vro'eot k: 2010 -05 UOGCode: ICA62454 NEWPORT BEACH Age Well Senior Services will provide home - delivered meals to homebound senior citizens (62 years or alder) who are gentle to prepare meals for themselves due to age, illness, or disability. CDBG funds will be used to pay for a portion of the salary of home - deliverd meal staff, Location: r s3 >.'; d NeeB.@eEd• o "' t' it ,�, , Select One: RIAe Semi -- Age Well senior Services Inc. 2430D El Taro Road, sure 2000 Laguna Woods, CA 92632 Explanation: Ex eceed com letion Date: Homebound seniors often have difficulty preparing nutritiously appropriate meals for themselves. Home delivered nutritious meals enables homebound seniors to remain in their homes, avoid being institutionalized, and creates a more suitable living environment. National Objective Citation: LMC 570.208(a)(2)(i)(A) 6/3012011 ve Ugory O beside swung 0 suitable Wing Environment o Em,wmm oPwmjnry *,e. , • ,. :L, _': aord3Yoro6aecT5Tir_+` "sib:. outcome categories IJAVailahlliry /ACCasiblity- ❑AFara lllty ❑SUSbIOa0111ry 1Npwetle farbw,5rodmm�epeas = 2 F -__ 3 _ Li as is u mm ul ?Rj Proposed 100 oft People Proposed Pro ram Year 1 Underwa Program Year 4� complete complete imPepe v n •a E '� P,. ,..d mPmpe 1- — -- - - -- —` Program Year 5 Proposed Pra ram Year 2 Underwa Underway complete complete o` o V Q mlmPe ' vro osea A�ip, type i� _-.-.- Con Plan Period propound - Program Year 3 Proposer propose consulate complete Pro osetl Outcome Performance Measure I Actual Outcome Accessibility for the W rpose a m creating s.liable living envirment Pe0ple SLQ Availability /Asoo,in llity aSA5eia5'edta SA2D1te) �� '.. N4ixrM3 _._- _ _ rebvra es Pmixrmg . M4 &Cnb �t M4ir CttVS �� ti as mBG ties_•, !! Pro osed Amt 20 000'$ �� nM Syr>: lam' Proposed Amt. Actual Amount Actual Amount - -- _ d ; nrtlsum {i asset _ _ _ 1552940 Pro posed Amt. Actualgmount ARUal Amount E, y ml9xie V Pro osetl Units 1gg '�;i� A�� �r , Amnp. 3lpe I'%, ' "'ii" - - -- Pra osetl Un Is _ Actual units Actual Units p Tme Pro osed Units Proposed units _ Actual Units Actual Units N L RH' Pro osed Amt grdsru� }" ♦. -•d Proposed Amt _ Actual Amount Actual Amount (�� p ye V Proposed Amt "rani spires C, Pro osed Amt Actual Amount Actual Amount E N EActual d mRVpe Pro Deed Units ° Armors. rates i' . - Proposed Units Unl[s Actual Units hmrgl, Tg:e y Pmpasetl Units ;,; A•yxip T"i •,! Proposed Units - Actual Units Actual Units I � ®6 h'h Proposed Amt .i RrtlS s2 !Rj — �!�`gcixul Proposed Amt Actual Amount Amount east �'. Proposed Amt f4tlsarm L Proposed Amt Acrud Amount Actual Amount E m RgAe i etl Units TYPe :; •. - pro osed Units _ Units Actual Units yO A®nit'rMie c ed Units •,./ rit.l)7.¢:f - vActual Proposed Units Units Units u N ®r' ( ,edATt nnf Stra v . Proposed Amt. Amount tnt Amount Proposed Amt. Ale — - - us Amt Fund source Amount "� Amount E mvmpe Y ed grim units , °• Actual ed Units Units flAdu.l /ymm l Ty¢ etl Units ^'f goygy Tape - Proposed Units Actual Units Units UI m COPG A Proposed Amt nbsp:R _ =E Proposed Amt. A ctual Amount Actual Amount al E pye mlmpe [7` Proposed Amt ' Actual Amount Pro osed units 1 rod yxr� V +`i ,Ym,rp T)pa 2S. pto setl AMt Actual Amount ox Pro used units aRUal units •" Actual Units AAIDnp1.11ps ' Pro asedunits Actual Units u'in A.mppl, Tips ;r... pro osed Units Actual Units 2010 -2011 Action Plan Revised 04 -19 -10 ��'H I'll I Grantee Name: City of Newport Beach Pro"ect Nana: Servin People In Need (SPIN), Substance Abuse Treatment Program SARP Oescri eon: Ims Prof.., 4: 2010 -06 1 UOG Code: ICA62454 NEWPORT BEACH SARP provides access to recovery programs for homeless and low- income individuals who cannot otherwise afford treatment. Case management Includes: counseling, supplemental employment services, medical assistance, and legal assistance. CCBG funds will be used to pay for operational cost. Location: %A s"'YS'OTi` bead C3CCp0[Y serving People In Need (SPIN) 151 Kalmus, H -2 5 Costa Mesa, CA 92626 Select One: Explanation: Ex ¢cited cam lesion Date: Homeless and low - income people often do not have sufhoent income to participate in substance abuse treatment programs to help in their recovery. SARP increases the access to such programs for homeless and law - income persons suffering from substance abuse. National Objective Citation: LMC 570.20$(a)(2)(1)(A) &(B) 6/30/2011 becovetax,or, O Decent III 0 Suitabl¢@,Ing Environment OEnooar,O" umty .b 9 tl6n Oli'&#iaes , Outcome Collegians, 121A.11abl ff /Aaessibility ❑Arordeblllty ❑sustainabiliry Inpaedcsauos fvbw/nW rmnxpemra -- 2 3 .._ ____ __. �. _ e a an Proposed B m11 .J ____...... Program Year 9 Proposed Pro ram Year 1 underwa Underway complete complete L n o E G11St[1e :'fir: Pro osetl pL rgryle — — ___..._ - Pro ram Year 5 Proposed Program Year 2 Underway Underway complete cam fete a` tai 4 01 Pe Proposed p. tye ! <j, Proposed Program Year 3 Underway complete , Con Plan Period Underway Complete Proposed Outcome Performance Measure Actual Outcome Accesobillty for the purpose of creating suitable living environment People SL -1 Availability/Accessibility a49hstrreNxsS ios 57nID1(e) poppoo dss rA1 MC ds a ca 4�t MtmxfMs -. __ (ry Mt1dxQN5 rwiicl ,y mBG F Pro osed Amt $10000 ?g':. all R - P posed Amt. Actual Amount Actual Amount Gtla fn Pmposedgmt Actual Amount $44JJ23 _ J`'I gssl Swt� 1t Proposed Amt. Actual Amount E p Ol Type 1 Proposed Units 8 "! ^r>�np TBg i Proposed Units Actual its Actual Units d �` A®rip. T)tc 4�1 Pro setl Units S•,Amxrp•TNie r Proposed Units Actual Units N i C[BG tar - �. - - - -- Proposed Amt. ",ar.';i gbya V Proposed Amt. Actual Amount Actual Amount ,� Other 17 Pro used Amt a arN Sixrre, [W pr0 osetl Amt Actual Amount ActualAmount E A i �' mRfye l�l - p a osed Units p a, Type -- Proposed Un is Actual Units Actual Units d A..0. _1h so )Proposetl Units gmnP, Type' _� Proposed Units Actual Units Actual Units m r� CCBG I Pro monsoon. y' -assl eaten -{,� -- Pm Osed Am[. gctualAmoun[ Actual Amount re Ctla' _ r4 Pro moorland: rs��„ • gsd$aaw 1-� pro osetl Amt Actual Amount Actual Amount E N al yY�v" Ml@de ir) Pro osetl Units - gmMp Tom. xw3 Pro osed Units Actual Units - Actual units y A®nq.'rlpa _ l�J Pro setl Units ¢®rip, Tyre ! 1 J Proposed is Actual Units Actual Units p >- CEM Proposed Amt Intl EUSOr I..... _;_ proposed Am[. q[tualAmount < Actual Amount the Lz - -- Pro osed Amt `' "�a�yAtpe �'.` Proposetl Amt AcNal Amount Actual Amount It 0 Prop osetl Units F �j -A®:rp Typs s: Pra osetl Units Actual Units j Actual Units d /migJ _Type -Proposed Units 1.'S^�hnTYPe_d mp� litormal Units Pro Proposed Units Actual Units Units Cuba; Proposed Amt. Actual Amount �.( sandstorms: C_ I" .- pro osed Amt. Actual Amount Is p � -- - __ Pro asedAmt tf ygsq� �T1 Pro osedAnd Actual Amount Actua fiam unt A C O opal Units _ � pp osed Un is ts Actual Units d Units Tµc s {#[ -'may Actual Units 2010 -2011 Action Plan Revised 04 -19 -10 Grantee Name: City of Newport Beach pro ea Name: Share Our Selves (SOS): SOS Free Medical and Dental Clinics Uesai Lion: ides Project ad 2010 -07 IUOG Code: 1 CA62454 N EWPO RT BEACH Share Our Selves will provide primary /urgent care on a daily walk in basis, chronic care, and specialty care by appointment to unisured Orange County residents and patients in the County MAI Progmm. In addition, SOS provides bridge medical care to patients who qualify for medical insurance programs and are waiting to be placed in an appropriate medical home or who will not qualify but who reside far from SOS and therefore need to establish a medical home closer to home. Full scope primary care/Urgent care clinics is a commitment to true open access for those lacking a mare traditional medical home. Location: Share Our Selves 1550 Superior Avenue Costa Mesa, CA 92627 Select one: - Explanation: Ex acted Com letian Date: Provide free medical and octal care to unisured low /mod income persons. National Objective Citation: LMC 90.208(0)(2)(1)(8) 6/30 2011 b,cmeali O decent Housing 0 Suitable Grin, Environment 05doomk Oppmtunry xt • -'' i "1 9DeUfid`b- Ldseaa ,_ .`;�. .1 Outcome Caregorles F AveilabiliN /Aaess ®DIN ❑Af Ardabairy Osuranrabllity Lrpoetlewl�lukvsAmdiimnepaas 2 . 3 _ j U m People ':':e moron Year 1 Pro .zed 1001 A®np. T,Pe 0 Program Year 4 Proposed Waerwe unaerwa cam fete Complete r Q. o E A m1. TMe Program Year 2 Proposed Ai Ill - � - -- Pro ram Year 5 pro osed uA copse Unaarwa complete complete A. A®irri. ripe w!j Pro ram Vear 3 Ara asea pmnpl bpd __ Con Plan Period Proposed Waerse unaerwa cam late c.m late Proposed Outcome Performance Measure Actual Outcome Accea'Ibllny for the purpose of creating suitable living environment People SL -1 Availability/Accessibility as Paul 9tor¢s(G iMITI(.) :Ti sal deal L nt3.6rodis �i Natarcoaaz Naabi"doo 'Olm � Progressed Amt. 9000 „ :'.Nd SVrn l�J r - - - - - -- Proposed osetl Amt. Actual Amount Actual Amount N Proposed Am[. Actual Amount 3701276 - n5+ 'proposed! Amt ActualAmount E N 0.. 11y (♦Proposed Units 100 _ Ai TMe "= - - -- pro setl Unix Actual Unix Actual Units Q. A:mni.lype C*� Pra osed Units -- A'[bgl.Typ! �� a;`•. Proposed Units Actual Units Actual Units N q Qa(' Proposed Amt. '•'.: gtNS.y� c;! -✓ 1 Pra osed Amt. _ Actual Amount Attual Amount Proposed Amt ry gttl SUSew t! - - Pro osetl pmt. —f Actual Amount Actual Amount E E t m1Y{le _ Pro osetl Unix Aponi T)pu pro osetl UMK Actual Units Actual Units d A�riri Tpe ..,�Ti Proposed Units .I/ Ipyli (,r) Pro owed Units Actual Units Actual Units mmaC q Proposed Amt.I(UtlSas� s }t Proposed! Amt. _ _ Actual Amount Actual Amount E q 0 Pm OSea Anrt. ;Fudysre �I pro osed pmt Actual Amount Actual Amount ml9yie Pro asea Unite j porgy, pq¢ Pro osed Units Actual Units Actual Wits A®ird mlpe �'' Proposed Units y A a mkt¢ i Pon osetl Units Actual Units Actual Units p E 6eG Pw ___d Al F."1rtrdsapper 7-1 f'� - - - -- 4° Proposed Amt. Actual Amount gcWal Amount g11u - -. Pro osetl Amt. ;' {yd Suss ��`' 1 pro osetl Amt. Actual Amount pttual Amount E G Q. OL Ryie (R Pro osed Unix A®iml T'ma Pro osetl Un is Actual UmK pttual Umts Hmiri. Ty, IT: Proposed Units _ JJ��'�,,'� jtpa Pr. osetl Unix Actual Units Actual Units m q mBG - -� -- Pro osetl amt nsd5os¢ a!' Pro asea Amt. ..Al Amount pttual Amount Otlp- Proposed Amt. Actual Amount %qsd Sms� Imo: Proposed! Amt Actual Amount E p Ol1Y{le Pro used Units p®irpl TKC Pro osetl _.Units pc[uN Umea Actual Unix _: y AmPir1 micro 0,, Pro osetl Units a p®nP1 Pepe - — Pra osed Units .Actual Units'?j'V Actual Wits 2010 -2011 Action Plan Revised 04 -19 -10 d ��,Y �1111111.11 1. Grantee Name: City of Newport Beach Pro -ect name: Section 108 Loan Repayment oescri [ion: zoTS Vro act a: zaiU -oe uoG node: ICA62454 NEWPORT BEACH Funds will be used to repay the City's Section 108 Loan. The loan was used to partially fund public improvements to the Balboa Target Area totaling $8 million. The scope of work includes the Balboa Village Pedestrian and Stresimmine Plan, Street Improvements to Balboa Blvd., Pier Parking Lot, Pler Plaza, and Lot A connecting access to Main Street. Location: r ' :I`Yrio» Nt'Eil'Ca`tf9ofy- LMA - Census irdd 62800.1 - Explanation: Ex nand com leuan Date: Targeted areas within Balboa Village were deteriating. To eliminate Me blight, blighting influences and prevent further detonation, the City used COBG funds to make necessary improvements to the target areas. The improvements will stimulate future economic investment and provide a more suitable living environment. National Objective Citation: LMC 520.208(a)(1) 6/30/2011 lecbve colew, O pttent Housing 9 Suitable Living Environment OErowmm Opporanlry va t<ii _} gifid Op eMY2d la., ivd"j.. Ou !come Categories ❑ Weiiiblliry /A11.1h11by ❑AROAablllty Osasiamablity 1 Prpa[egdAy /rv�egaity afp� i�msia[sfa kwairmnepa�e� ` - 2 LVIJI 3 - A _ a unYf ! 1Na _. {r.: - Program Year 1 Pro osed 1 ll� EmFtig r — Pro arm Year 4 Pro Dina umeram unaerwa com e[s Complete w u ° o E llntdc FxiN¢ i Pra ram Vear 2 Proposed c Road. V Pro lam Vear 5 Po used underway underwa cam lees com lets a` $ V 31 Rfl6c raven¢ s7i Proposed piPL Type lr Proposed ._. Program Year 3 Underway — __. -- Con Plan Period underway Co. lets com sere Proposed Outcome Performance Measure Actual Outcome Accessibllit, for the purpose of rearing suitable living environments Public Facility SL -3 Sustainabdity asFNa.el p'IaPieiasaim ten lnmmrupa (� rehixcomz 7 nm�� � Nabirfcdg � Irobvim� remx� iTn -- -- ti 0 E R tll mec Fund Soars r^ - � Pro used Amt Attual Amount Pro osetl Amt Actual Amount Pro osed Units 199346 1 ruid SUSS i f,I _ '., Rund : ( a, .� AiF ?l�rp 1�_ Proposed Amt Actual Amount Propo sed Am[. pcNal Amount :Proposed units Actual Units Actual Units p % ryi T o 11Rj ' Proposed units Attual Units '`. : /yryrtrA. Type jUlt Proposed Units APUml Units m Qg' iv, Pro osetl Amt. s%Rrtl Syre iIi Woposetl Amt Actual Amount Actual Amount Proposed AmFudSdsa: ,a SUS' _ tV — Proposed Amt. Actual Amount Actual Amount E LO 0 bt, Pro sed Uz rA npLTy¢ [IR _ Proposed Units ARUaIU as Actual Units d Amrr/. Typz f]Pro osed Unitt ,. iA ¢i T,,, fit. .fx:. - -- Proposed Units Actual Unitsk' Actual Units m u Tgrvl5cys Qef rid '� Pra osed Amt. '', Funiss ms LT� Agi�SOU� � Proposed Amt Actual Amount Proposed Amt Actual Amount Proposed Amt. Actual Amount Actual Amount A llnHic PmlNei Pro osed Units ;, (i pip, Tum pro osed Units Actoal Units Actual Units - Y,!p�pp, d AoAg1. TT¢ i)_. - -- Pro osed Units Actual Units TYpe ; Proposed Units Actual Units Qg' l - - -. +� Proposed Amt. ', gsNSOy¢ er s'y� Proposed Amt. Actual Amount Actual Amount � Proposed Amt . �; r imposed Amt. Acted Amount Actual Amount N Q-- fi PLbr PaulN� - -- Proposed Units r ) �iA Irrl, yyle Proposed Units Actual Units Actual Units y hmrrl. e iT Tp Proposed Units Yip Ip4 Twig R Proposed Units Actual Units Yrlr'' `. Actual Units h CIEW -. Proposed Amt. .pa {Sqz¢ 1 : Pro osed Amt AcomfAmount Actual Amount Y pnu Sgs¢ _ Proposed Amt. BVl AVare V v+ Proposed Amt. Actual Amount Actual Amount E E liwic wailie) Pro osed sends >'.`+p�p�T1Pg t',�pro - -- _ �Ud units Actual Units Actual UniH A. prFi. Type ye Proposed Units ys Airy, T'�Pe w Pimposed Units Aetuel Unita Leg% Actual Units 2010 -2011 Action Plan Revised 04 -19 -10 !� f Grantee Name: City of Newport Beach Project name: OtilitAssessment District Grant Program Description: 1ms Project x: 201 111 code: ICA624S4 NEWPORT BEACH This project will help to provide financial assistance to the impacted low- and moderate-income owner - occupants located within proposed utility undergrounding Assessment Districts In the City of Newport Beach. In orderto reduce the financial burden of an Assessment District, the City proposes a grant program to cover a portion of the cost of utility hook -ups to owner -occupants within the District(s). Households that cannot afford to make the necessary hook ups after utilities have been undergrounded will be left without electricity, thereby creating a health and safety concern for the City. City expects to assist J or more law- and moderate- income ownasr-oceupamts with undergmung Location: .w +' +` °,'_o-3 nr ' "'np x eI -a u' i City of Newport Beach ovr 3300 Newport Blvd. Select one: mxo�ly Newport Beach, CA 92658 LMC Ezpianaupn: Provide finanaal assistance to low /moderate income households for utility hook -ups which will improve the basic utility services of their homes. National Objective Citation: LMC 570.208(x)(3) Expected Completion Date: 6/30/2011 jopw,Category ®n ent Houslnq O Si lb inq Enaronmene O EmmmIC Opportunity r - s f, ,,; riSV BVAliV$ilyvd6),`{`. -A ',i` qJ 0;. `• %1¥`,:'. Outcome caregorles 1 Np,oe d,egeGty ofowrluOU oAVdildbllitY /ACCaslblliry 2 CJAffomaelnty 31 ❑5uT2lnap0ty r _ - -. as ID HwaUaAifs :w�. PmPosed J L Proposed _ unaerwa -_ - -' Underway com lete Com etc u U E Pro ram Year 1 Pm ram Year 4 � = r r Pro ramYear 2 m Year 5 4g:underwa complete g tC.n Pro zed Uaderwa Underwa Q - _- - com fete Pro ram Year 3 n Period Proposed Outcome Performance Measure Actual Outcome Accessibility for the purpose of Housing Units Ei Availability/Accesslbility pravoing decent housing AAIeixSb(ks Mnabrtatr da.uzcaar. :yyam�-' u Pm[ms �ryry PWb:f 4Tj �1 Pro osed Amt. $65,922 _ `T Proposed Actual Amount Actual Am q {yg5gt2 T Proposed Amt I-�'' Pro osed Actual Amount Actual A n E - -' A ]p finaw. n - iorE Proposed Units J _, =t l Pro poised Actual Units Actual on 6 ! npL T_1Pe ;-t' Proposed Units Pro osed Actual Ume, Actual U. -'- - - - ry nstl SUS . Pra osed Amt t, Pra osed Actual Amount Actual Am q - -- - gstl 5usue Proposed Amt _ pro osed Actual Amount Actual Am E q hmrRl. Tnc 'T Pro osed Units R_ Dra asetl Actual unl Co r <° q®np6 Type t pm posed units Prn osed -- - - " " -" - -- Actual Units Actual Uni M (� FLtl sari 0 — _ _ACtualAmount Pro osed Amt 7 Proposed Actual Am � RrtlSym Proposed Amt pro outl tom= Actual Amount Actual Anul A m a®ImL Type s: -- P o osed pons 'T Pm asetl Actual pmts Actual unl yAmory, Ty¢ �E3 Proposed Unto Pra sed Actual Units Actual Unit p nM SUrea Proposed AmG * Pro osed Actual Amount Actual Am _ _ - 0 gatlyyre Ct Proposed Amt �f� Proposed ActuatAmount Actual Am " - - - -J— E n A®rlpl. Typed Pra osed units proposed - - - -- Actual Units Actual Unit E Amrr4. Type tft Prop osed Units Pro asetl y Actual Units Actual Uni or prrty tm CRI Pro osed Amt Pro sed Actual Amount Actual Am tc i CITY OF NEWPORT BEACH ANNUAL ACTION FLAN FOR PROGRAM YEAR 2010 -2011 APPENDICES CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX A: SF -424 AND CERTIFICATIONS alttcN7 I� SF 424 The SF 424 is part of the CPMP Annual Action Plan. SF 424 form �9n oav oa fields are included in this document. Grantee information is linked from the 1CPMP.xls document of the CPMP tool. � w Complete the fellable fields (blue cells) in the table below. The other items are pre - filled with values from the Grantee Infnrmntinn Wnrknheet Date Submitted 5 -14 -2010 B- 10 -MC06 -0546 Type of Submission Date Received by state State Identifier lication lFre-application Date Received by HUD Federal Identifier 1171 Construction ID Construction IN Non Construction JE1 Non Construction ormation Newport Beach UOG Code: CA62454 NEWPORT BEACH UNewport Boulevard DUNS # 060752482 anizat ional unit: h California Department: 2658 -8919 ICountry U.S.A. Division: Economic Development Division Employer er Identification Number (EIN): County: Orange 5- 600075 Program Year Start Date (MM/DD): 07/1 pplicant Type: Specify Other Type if necessary: Local Government: City U.S. Departmento Program Funding Housin and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant DBG Project Titles FY 2010-2011 Action Plan Description of Areas Affected by CDBG Project(s) 14.218 CommumitX Development Block Grant DBG Grant Amount $385,189 $Additional HUD Grant(s) Describe Leveraged $0 Additional Federal Funds Leveraged $0 Additional State Funds Leveraged $0 Locally Leveraged Funds $0 Grantee Funds Leveraged $0 nticipated Program Income $0 Other (Describe) N/A otal Funds Leveraged for CDBG -based Project(s) $0 Home Investment Partnerships Program 14.239 HOME HOME Project Titles N/A Description of Areas Affected by HOME Project(s) $HOME Grant Amount $Additional HUD Grant(s) Levera ed Describe - $Additional Federal Funds Leveraged $Additional State Funds Leveraged Locally Leveraged Funds $Grantee Funds Leveraged SF 424 Page 1 Version 2.0 ' i Anticipated Program Income $0 Other (Describe) Total Funds Leveraged for HOME - based. Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles NIA Description of Areas Affected by HOPWA Project(s) $ HOPWA Grant Amount $Additional HUD Grants) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for HOPWA -based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles NIA Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grant(s).Leveraged Describe: Additional Federal Funds Leveraged $Additional State Funds Leveraged' Locally Leveraged Funds $Grantee Funds Leveraged Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG -based Project(s) Congressional g `Districts of:: 48 Is application subject to review by state Executive Order 12372 Process? Applicant Districts 48 1 Project Districts 48 Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explaining the situation. ❑ Yes This application was made available to the state ED 12372`p process for review on DATE ®No Proq ram is not covered by ED 12372 ❑ Yes ®No ❑ N/A Program has not been selected by the state for review Person to be contacted regarding this application Kathlyn Bowden Economic Development Coordinator Phone: (949) 644 -3230 Fax: (949) 644 -3250 kbowden @city.newport- beach.ca.us w.ci.newport- beach.ca.us Signature of Authorized Representative (David Kiff; City Manager) Date Signed SF 424 Page 2 Version 2.0 I r`,7 1 4y g-1t1,.EfiFS'!7�Fft7 CPMP Non -State Grantee Certifications �s aavr 4� Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; S. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP Non -State Grantee Certifications 1 Version 2.0 ft., 4 City of Newport Beach Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature /Authorized Official David Kiff Name city manager Title 3300 Newport Boulevard Address Newport Beach, CA 92663 City /State /Zip (949)644 -3000 Telephone Number Date CPMP Non -State Grantee Certifications 2 Version 2,0 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long -term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2007, 2008, 2009, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate - income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; CPMP Non -State Grantee Certifications Version 2.0 Ill Fa City of Newport Beach Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601 - 3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature /Authorized Official David Kiff Name City Mana er Title 3300 New ort Boulevard Address Newport Beach CA 92663 City /State /Zip 949 644 -3000 Telephone Number CPMP Non -State Grantee Certifications 4 I Date Version 2.0 E��,r APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and /or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act, 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 21. Place Name Street City County state Zip Newport Beach City Hall 3300 Newport Blvd Newport Beach Orange CA 92663 Definitions of terms in the Non - procurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any CPMP Non -State Grantee Certifications 5 Version 2.0 controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: All "direct charge" employees; all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and a. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti - displacement and Relocation Plan Signature /Authorized Official David Kiff Name City -Manager Title 3300 Newport Boulevard Address Newport Beach CA 92663 City /State /Zip 949 644 -3000 Telephone Number CPMP Non -State Grantee Certifications 6 Date Version 2.0 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX B: PROJECT SUMMARIES (CPMP EXCEL TABLES) cl City of Newport Beach HOUSING 5-Year Strategy: Preserve and improve the existing housing stock and ensure equal access Summary of Specific Annual Obiectives CPMP Version 2.0 Specific Obj. Outcome/Objective # Sources of Funds Performance Indicators Year Specific Annual Objectives I I b1i W 7""4 Expected Number "�­777777 I Actual Percent Number Completed Section 8 Housing Choice Voucher - Maintain existing level of Section 8 housing vouchers and rent-restricted units within the City at risk of conversion to market rate housing through refinancing. Section 8 Housing Units 2010 400 0% 2011 400 0% In-Lieu Fee — _T01 2 _Ul 400 J00 —4d 0% 3 0% 20 14 400 0% MULTI-YEAR GOAL 1 2000 1 0 0% DH-1 (1) Housing Rehabilitation Programs & Utility Connection Programs - Prevent deterioration of property and provide financial assistance for repair, rehabilitation, and utility underground hook-ups to low- and moderate-income households. CDBG , Housing Units 20101 71 0% 20111 5 0% 20121 11 3 0% 20131 3 1 0% 3 0% MULTI-YEAR GOAL 21 0 0% Fair Housing Program - Ensure universal access to fair housing choice within the City. CDBG People 2010 200 0% 2011 200 0% 2012 200 0% 2013 0% 2014 200 0% MULTI-YEAR GOAL 1 10001 0 ±tJ 2010-2014 Consolidated Plan Strategies and Specific Annual Objetives Appendix "B" City of Newport Beach CPMP Version 2.0 HOUSING 5-Year Strategy: Expand the supply of affordable rental and homeownership housing opportunities Summary of Specific Annual Obiectives Specific Obj. Outcome/Objective # Sources of Funds Specific Annual Objectives Expected Performance Indicators Year Number Actual I Number Percent Completed 40, 42 tdiffifift "WIDW-WrP -f fffi �777= 77777�= 0111-2 (1) Acquisition of Affordability Covenants on Rental Properties - Expand the supply of housing units affordable to low- and moderate-income within the City. In-Lieu Fee Housing Units 2010 01 0% 2011 0 0% 2012 0 0% 2013 22 0% 2014 12 0% MULTI-YEAR GOAL 34 0 0% Construction of Multi-Family Affordable Housing Units - Increase supply of housing units affordable to low- and moderate- income households through new construction. Density Bonus Housing Units 2010, 0 0% 20111 0. 0% Tax Credits 20121 01 5% 20131 01 2 State HOME 20141 681 1 Ni. MULTI-YEAR GOAL I - 68r— 01 110/ 2010-2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B" City of Newport Beach SENIOR SERVICES CFMP Version 2.0 5-Year Strategy: Provide quality supportive services so elderly residents can live as independently as possible Summary of Specific Annual Objectives Specific Obj. Outcome/Objective # Sources of Funds Performance Indicators Year Year Expected Actual Percent Specific Annual Objectives b Number Number Completed 777= TW MF� sP Improve SUpportive services for elderly 20101 1001 0% residents through: CDBG 20111 1001 0—OT-1 - General Senior Programs 20121 1001 SLA (1) - Information and Referral Services People 20131 1001 - Food and Essential Services 20141 1001 - Senior Transportation Services MULTI-YEAR GOAL 1 5001 2010-2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B" City of Newport Beach SPECIAL NEEDS /NON- HOMELESS 5 -Year Strategy: Help persons with special needs live as independently as possible Summary of Specific Annual Obiectives CPMP Version 2.0 Specific Obj. Outcome /Objective Specific Annual Objectives -� 51 I .., -9 "'�1"1w1�` 0A Sources of Funds Performance Indicators Expected Year Number Actual Percent Number Completed Increase services to low- and moderate - income persons with special needs through: - Battered and Abused Spousal Programs - Food and Essential Services - Referral and Case Management Services - Employment Training and Placement of Persons v✓th'Disabilities CDBG People 2010 71 0% 2011 71 0% 2012 7 0% 2013 7 0% 2014 7 0% MULTI -YEAR GOAL 35 0 0.0% SLA (2) Upgrade Public Facilities with ADA Improvements - Increase accessibility of "persons with disabilities to public facilities. CDBG Public Facilities 2010 0% 2011 0% 2012 0% 2013 1 0% 2014 1 0% MULTI -YEAR GOAL 2 0 0.0% Substance Abuse Rehabilitation Services - Increase supportive services for persons suffering from substance abuse. CDBG People 2010 8 0% 2011 8 0% 2012 8 0% 2013 8 0% 20141 8 0% MULTI -YEAR GOAL 1 401 01 0.0% 2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B" City of Newport Beach CPMP Version 2.0 HOMELESS AND HIV /AIDS 5-Year Strategy: Support a continuum of services in support of the City's and County's effort to end homeless and assist in improving the quality of life for persons with HIV /AIDS Summary of Specific Annual Obiectives Specific Obj. outcome /objective # I Soul.., If Funds Specific fic Annual Objectives Performance Indicators acted Number Actual Number Percent Completed ,=ib WV11mai V! �Y, Ti I RM 7 0' R7777777'777 �. ✓ 7771' —supply Preserve the Of emergency and transitional housing, increase supportive services for persons 2010 100 0% living with HlV/AlDS, and improve services for CDBG 2011 100 homeless persons and prevent those at-risk of homelessness through: 2012 1001 0% SL-11 (3) - Homeless Prevention Programs - Transitional Housing Emergency Shelter to Victims of Domestic People Violence 2013 100 0% - Transitional Housing and Support Services for — Victims of Domestic Violence - Case Management and Other Services 2014 100 0% MULTI-YEAR GOAL 5001 0 0.0%1 2010-2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B" City of Newport Beach CPMP Version 2.0 PUBLIC SERVICES 5 -Year Strategy: Contribute to the well -being of individuals, families, and neighborhoods Summary of Specific Annual Obiectives Specific Obj. Outcome /Objective # Sources of Funds Performance Indicators Specific Annual Objectives Expected Year Number Actual Number Percent Completed '.. W,` „ , < z' ' JtO � Provide and improve public services to low - and moderate- income persons through. CDBG 2010 100 0 % 2011 100 0% - General Public Services SLA (4) - Employment and Other Training Programs Food and Essential Services People 2012 100 0% 2013 100 0% - Family Services 2014 100 0% - Health Services MULTI -YEAR GOAL Soo 0 0.0% 2010 -2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B" City of Newport Beach CPMP Version 2.0 PUBLIC FACILITIES 5-Year Strategy: Provide access to local public facilities that contribute to community and neighborhood development Summary of Specific Annual Objectives Specific OutcomelObjective I- Obj. # Sources of Funds Performance Indicators Year Specific Annual Objectives Expected Number Actual Number Percent Completed SL-3 (1) Repayment Section 108 Loan / Balboa Village Improvements - Preserve community infrastructure in order to eliminate blight, blighting influences, and prevent deterioration of property. The improvements will stimulate future economic investments and create a suitable living environment. 1 11 CDBG Public Facility 2010 1 0% 2011 1 0% 2012 0% 2013 1 00/0 2014 0% MULTI-YEAR GOAL 5 0 0.0% 2010-2014 Consolidated Plan Strategies and Specific Annual Objectives Appendix "B" CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX C: PROOF OF PUBLIC NOTICES AND PUBLIC COMMENTS City of Newport Beach Notice of Funding Availability (NOFA) Inviting Applications for the Community Development Block Grant (CDBG) Program For Fiscal Year 2010 -2011 APPLICATIONS WILL BE AVAILABLE DECEMBER 12TH, 2009 THROUGH JANUARY 201h, 2010 The Federal Housing and Community Development Act of 1974, as amended, provides Federal Community Development Block Grant (CDBG) funds to the City of Newport Beach for projects that promote the development of viable urban communities by providing decent housing, suitable living environments, and expanded economic opportunities, particularly for low- and moderate - income persons. The City of Newport Beach anticipates receiving approximately $370,000 in CDBG funds for fiscal year 2010 -2011. NOTICE IS HEREBY GIVEN that the City of Newport Beach is currently accepting applications for eligible public services. The application may be used by non - profit organizations to request funding or by Newport Beach residents to suggest that the City or other organization undertake a new program. A general description of eligible public services is summarized below. ELIGIBLE PUBLIC SERVICES: Above all, applications must demonstrate that the service will principally benefit persons of low- and moderate - income (households earning less than 80% of Orange County's median income). Types of eligible services include but are not limited to homeless assistance, employment services, substance abuse recovery, senior services, at -risk youth programs, crime prevention, legal services, and services for the disabled. DEADLINE: All interested service providers must complete an application package, available at www. newportbeachca .gov /index.asl)x ?r)age =1126 or the City of Newport Beach, Economic Development Division, 3300 Newport Blvd., Newport Beach. Additionally, applications can be obtained by contacting Kathlyn Bowden at (949) 644- 3230. Completed applications will be accepted until 12:00 p.m. on Wednesday, January 20, 2010 at the City of Newport Beach, Economic Development Division. Questions regarding this NOFA should be directed to Kathlyn Bowden, Economic Development Coordinator for City of Newport Beach at (949) 644 -3230. APPLICATIONS WILL BE AVAILABLE DECEMBER 12th, 2009 THROUGH JANUARY 20th»2010 The Federal Housinigand Community Development Act of 197,'1, asarncflded, provides �md*ra|Connnup/lyDwve|onmon! Block, Grant (CDDS} k` the UtyofNwwpo/t Beach Yorpnojen!e/hml*^o,notx the dovn(opmen:ofviaU|�u/hynonmmonWwt;by providing decent hoowinO.ou)iari|m/ivio9mnv|rnnn/wn(n' and vxoanded*conomiv appurtun|tiww, pauinu&n|y for !mm^ and persona, The Uty or Newport Beach anticipates receiving approximately $370,000 in CIDBG funds for fiscal year p0ld-2OY1� NOTICE IS HEREBY GIVEN that the City of Newport Beach |*currently accepting applications fter eligible public services. 'rho application Fray be used by non-profit organizations to request funding or by Newport Beach residents to suggest that the City or other organization undertake a new prograrn, A general description of eligible public services |s smn/rnar|zmdboioa ELIGIBLE PUBLIC SERVICES: Above all, appMcation*nitist demonstrate flier the service will principally henefit persons of lov,­ and maderate-jur,,ome (housiaholds earning less than 80% of Orange, County's n-eden income), Types of eligible services include butare not limilmd to homeless assistance, euiployruent sertdces, substance abuse recovery, senior services, at-risk ycurh proPrain,, crinnie, prevention, legal umrxinou, and aorvioas b�r the d|pmNnd� DEAOLINE: All interested service providers inust cornprete an applicarion package, mvm||mh|oat 8U9(r���,as@x2*g8P=1%n�orUle City mfNewport Beach, Economic BwvWmpmontWiv|nion`J3O0lNomyurtB!vd,, Newport 8eaok Additionally, applications car) be Obtained by contIcting Katflyn Bowden at (94M 644~323O. Completed applications will bem*owptad until 12:O0p,m.noVVmdne*doy, January 3#^201Omt the (34mfN:wpn/t Beach, Eoannndn Development Division. Questions regarding this NOFA should be directed to Kathlyn Bowden, Economic Development Coordinator for City of Newport Beach ui(949)844^823u, ,!'�0 ,5 Authorized to Publish Adcertisem "nits of all kinds includin" pulati"' nodcesby Deciee of the Superior Court or 9ren;?e Countv, California. NurnM A- 421 =1, SQptembcr 27, 1901, an,t A -24,01 duce 11, 1963' PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: December 12, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 16, 2009 at Costa Mesa, California. Signature/ °'� � I Afml,vi ,J i PO4�,h pio,fa nowtN vy di.. '2qwn,x OMA,ixu A, 67l RECEIVED PROOF OF PUBLIC AITW6 M owf Man Ne tim, �-n wo fQN11*Uwi%wo4iio�, Vz STATE OF CALIFORNIA) COUNTY OF ORANGE I am a Citizen of the United States and a resident of the County aforesaid; I am 'W" Nom."I 'SW over the age of eighteen years, and not a party to or interested in the below entitled I matter, at a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the ft, TN City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as lives printed and published on the following dates: ;4 March 20, 2010 ""ft�-M w&319 Ul" I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 22, 2010 at Costa Mesa, California. Signature CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX D: MAP (NEWPORT BEACH ELIGIBLE AREAS CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX E: ACTION PLAN CHECKLIST 2010 -2011 Action Plan Checklist Grantee: CITY OF NEWPORT BEACH ACTION PLAN (91.220) 1. Has the Standard 424 Form for the applicable programs been included with the correct dollar allocation and signed by the appropriate official? Yes No Page /s 2. Is the DUNS number listed? Yes No Pages /s RESOURCES 1. Did the grantee describe how HOME and /or ESG matching requirements will be satisfied? Yes No Page /s ACTIVITIES 91.220(D) 1. Does the action plan contain a summary of priorities and specific annual during the program year? Yes No Verification found on page /s Note: The jurisdiction should use summary of annual objectives as identified in the Consolidated Plan. 2. Do the proposed activities correspond to the priority needs identified /local specific objectives listed in the Consolidated Plan? Yes No Verification found on page /s Note: The jurisdiction should use summary of annual objectives as identified in the Consolidated Plan. 3. Are the proposed activities identified in sufficient detail, including the number and type of families that will benefit from the proposed activities and locations, so that citizens know the degree to which they may be affected? Yes No Verification found on page /s 4. Are activities proposed eligible and meet program service targets [if not identify on attachment]? Yes No Verification found on page /s EXPENDITURES LIMITS 1. Has the grantee exceeded the 20% administrative cap for CDBG? Yes No N/A 2. Has the grantee exceeded the 15% Public Service cap for CDBG? Yes No NIA 3. Has the grantee exceeded the 10% Administrative cap for HOME? Yes No N/A 4. Has the grantee exceeded the 15% CHDO set -aside for HOME? Yes No NIA 5. Has the grantee exceeded the 30% Essential Services cap for ESG? Yes No NIA 6. Has the grantee exceeded the30% Homeless Prevention cap for ESG? Yes No NIA 7. Has the grantee exceeded the 10% Operations cap for ESG? Yes No N/A 8. Has the grantee exceeded the 5% Admin. Cap for ESG? Yes No NIA 9. Has the grantee exceeded the 3% administrative cap for HOPWA or the 7% Administrative cap by project sponsors under HOPWA? Yes No N/A GEOGRAPHIC DISTRIBUTION 91.220(f) 1. Did the grantee include a narrative, maps, or table that identify the geographic areas in which it will direct assistance? Yes No Verification found on page /s 2. Does the grantee provide a description of the areas, including areas of minority concentration, in which it will direct funds? Yes No Verification found on page /s 3. Does the grantee provide the rationale for the priorities for allocating investment geographically for each program, including within the metropolitan area (or a State's service area) for the HOPWA program? Yes No N/A 4. Did the grantee estimate the percentage of funds it plans to dedicate to target areas? Yes No AFFORDABLE HOUSING GOALS 91.220(0) 1. Does the action plan specify one -year goals for the number of homeless, non - homeless, and special needs households to be provided affordable housing units using funds made available to the jurisdiction? Yes No Verification found on page /s Nate: The jurisdiction should use housing summary of goals as identified in the Consolidated Plan. 2. Does the action plan specify one -year goals for the number of households to be provided affordable housing units through activities that provide rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units using funds made available to the jurisdiction? Yes No Verification found on page /s Note: The jurisdiction should use housing summary of goals as indicted in the Consolidated Plan. PUBLIC HOUSING 91.220(h) Does the action plan include actions that address the following, if applicable: Yes No NIA • Needs of public housing, • Public housing improvements and resident initiatives, assist troubled public housing agencies. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES 91.22001 1. Have homeless prevention activities been proposed? Yes No Verification found on page /s 2. Have emergency shelter, transitional housing, programs to assist in the transition to permanent housing and independent living been proposed? Yes No Verification found on page /s 3. Are supportive housing activities being undertaken to address the priority housing needs of persons who are not homeless (elderly, frail elderly, persons with disabilities, person with HIV / AIDS, person with alcohol or other substance abuse problems)? Yes No Verification found on page /s 4. Have specific action steps to end chronic homeless been identified? Yes No Verification found on page /s PROGRAM SPECIFIC REQUIREMENTS 91.2200) A. CDBG a) Does the total amount of funds allocated equal the amount of the grant plus program income and carryover funds? Yes No b) Does the action plan identify the amount of CDBG funds that will be used for activities that benefit persons of low- and moderate - income? Yes No B. HOME NIA a) Did grantee (PJ) describe other forms of investments? Yes No N/A If grantee (PJ) plans to use HOME funds for homebuyers, did they state the guidelines or resale or recapture, as required in 92.254? b) If grantee (PJ) plans to use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME founds, did they state its refinancing guidelines required under24CFR 92.206 (b)? Yes No N/A c) Resale Provisions — For homeownership activities, did the participating jurisdiction must describe its resale or recapture guidelines that ensure the affordability of units acquired with HOME funds? See 24 CFR 92.254 (a)(4). Yes No NIA d) HOME Tenant -Based Rental Assistance — Did the participating jurisdiction describe the local market conditions that led to the use of HOME funds for tenant based rental assistance program? Yes No NIA If the tenant based rental assistance program is targeted to or provided a preference for special needs group must be identified in the Consolidated Plan as having an aument need and show the preference is needed to narrow the gap in benefits and services received by this population. e) If a participating jurisdiction intends to use forms of investments other than those described in 24 CFR 92.205(b), did the jurisdiction describe these forms of investment? Yesf NoT f) Did the jurisdiction describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME - assisted units? YesT NoT g) Did the jurisdiction describe actions taken to establish and oversee a minority outreach program within its jurisdiction to ensure inclusion, to the maximum extent possible, of minority and woman, and entities owned by minorities and woman, including without limitation, real estate firms, construction firms, appraisal firms, managements firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing under the HOME program or any other Federal housing law applicable to such jurisdiction? Yesf Nof h) If a jurisdiction intends to use HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds, did it state its financing guidelines required under 24 CFR 92.206(b)? Yesf NoT C. AMERICAN DREAM DOWNPAYMENT INITIATIVE NIA a) If the jurisdiction planned to use American Dream Downpayment Initiative (ADDI) funds to increase access to homeownership, did it provide the following information: 1. Description of the planned use of ADDI funds? Yesf Not 2. Plan for conducting targeted outreach to residents and tenants of public and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide downpayment assistance for such residents, tenants, and families? Yes No 3. A description of the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers? YesT NoT D. HOPWA N/A a) Does the action plan specify on -year goals for the number of low- income households to be provided affordable housing using HOPWA funds for short-term ret, mortgage, and utility payments to prevent homelessness; tenant -based rental assistance, units provided in housing facilities operated with HOPWA funds? Yes Nof Verification found on page /s b) Does the action plan identify the method for selecting project sponsors (including providing full access to grassroots faith -based and other community organizations)? Yesf Nof MONITORNG 91.230 Does the grantee describe the standards and procedures that it will use to monitor activities carried out in furtherance of the plan? Yes No Verification found on page /s 2. Does the plan describe actions to be taken by the grantee to monitor its performance in meeting its goals and objectives set forth in its Consolidated Plan? Yes No Verification found on page /s 3. Does the plan describe steps/ actions being taken to insure compliance with program requirements, including requirements involving the timeliness of expenditures? Yes No Verification found on page /s Note: It timeliness of expenditures is and issue, please make sure the grant award letter includes language regarding appropriate actions the grantee should take to remedy this problem. 4. Does the plan describe steps /actions it will use to ensure long -term compliance with housing codes, including any actions or on -site inspections it plans to undertake during the program year? Yes No Verification found on page /s 5. Does the plan describe actions to be taken by the grantee to monitor its sub- recipients, (including sponsors or administering agents)? Yes No Verification found on page /s I have reviewed the Action Plan and have found that either all regulatory requirements have met, or that omissions or incomplete items have been identified on an attachment [attached]. I have updated GMP to include the dates of this assessment and have pasted a copy of my attachment into the summary Notes tab of the Plan Review and Assessment module [copy attached]. Reviewed By: Program Manager: Date: Date: 0 n r '.