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HomeMy WebLinkAboutC-4530 - Community Development Block Grant (CDBG) Public Services Agreement FY 11-121 CDBG PUBLIC SERVICES AGREEMENT Between the City of Newport Beach and SHARE OUR SELVES CORPORATION THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 18t 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, SHARE OUR SELVES CORPORATION, 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 MEDICAL AND DENTAL CLINICS, which provides access to primary/urgent care, chronic care, and specialty care to low - moderate income persons (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 EIGHT THOUSAND FIVE HUNDRED FIFTY -FIVE DOLLARS AND 00 /100 ($8,555.00), 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: Subrecigient'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 Aareement. 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 EIGHT THOUSAND FIVE HUNDRED FIFTY -FIVE DOLLARS AND 00/100 ($8,555.00), which shall constitute full and complete reimbursement for the implementation of this Agreement for the entire award yearfrom 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. 2 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. 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 at 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. 4 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 cant' 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 exceptfor 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 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 61 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. 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 anytime 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. B. 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. 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)hefit 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)hefit 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 his Agreement void and of no force or effect. Subrecipient's Initial__ 2 � 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 subconsultantto 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. 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. _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. ii. 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. Reguirements 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 I1 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 parry'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: 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 Subrecipient: Share Our Selves (SOS) Attn: Karen McGlinn, Executive Director 1550 Superior Avenue Costa Mesa, CA 92627 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 W 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. Assianment 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. Rights 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] Irl 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: 101J 111 i Leonie Mulvihill, Assistant City Attorney City of Newport Beach ATTEST: By: - Leilani Brown, City Clerk Exhibit A: Scope of Services CITY OF NEWPORT BEACH A Municipal Corporation By: 4L Da K i f f City Manager SUBRECIPIENT: wig Our Selves (SOS) rporate Officer (Financial Officer) Title: Print Name: [END OF SIGNATURES] 17 /Z-1 Exhibit A THIS PAGE LEFT BLANK INTENTIONALLY CITY OF NEWPORT BEACH CDBG Exhibit A: Free Medical and Dental Clinics Project: Free Medical and Dental Clinics Organization: Share Our Selves (SOS) Description: SOS 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. 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 area commitment to true open access for those lacking a more traditional medical home. The Program estimates serving 275 Newport residents. HUD Matrix Code: public Services (General) CDBG $8,555 Eligibility Citation: 1570.201 (e) I HOME 1 $0 National Objective: Low Mod Clientele 570.208(a)(2)(i)(B) Accomplishment 275 Persons Goal: Start Date: 1 07/0112011 ESG 1 $0 HOPWA 1 $0 Other: 1 $4,150,419 End Date: 106130/2012 1 Total: 1 $4,158,974 Available to clientele throughout City Help the homeless? No Help persons with HIV / AIDS? No Help persons with Special Needs? Yes Share Our Selves (SOS) 1550 Superior Avenue Costa Mesa, CA 92627 Jerold D. Kappel Interim Director of Development Phone: (959) 270 -2131 / (949) 515 -5400 ext.x 31 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 term "Operating Agency" or " Subrecipient" shall refer to the Community Based Organization (non- profit) that is receiving CDBG funds. The tern "CDBG Program Staff' 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 ll: 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 Cityto 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 byemployees 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 iflfail to comply with the conditions listed, the U.S. Department of Sousing and Urban Development (BUD) and/or the City may require the repayment of thefunds received and/or forfeit receiving future Community Development Block Grant (CDBG) funds. Karen Director 21 �4 Da CDBG PUBLIC SERVICES AGREEMENT Between the City of Newport Beach and SHARE OUR SELVES THIS CDBG PUBLIC SERVICES AGREEMENT ( "Agreement ") is entered into this 15t 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, SHARE OUR SELVES, 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 MEDICAL AND DENTAL CLINICS, which provides access to primary/urgent care, chronic care, and specialty care to low - moderate income persons (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 NINE THOUSAND DOLLARS AND 00 1100 ($9,000.00), 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 df 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. Compensation. A. Upon compliance with the reporting requirements outlined in Section 6 below, City shall reimburse Subrecipient an amount not to exceed NINE THOUSAND DOLLARS 001100 ($9,000.00), 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. 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 3 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. 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 /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 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 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 11 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. i. 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 subconsultantto 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' 9 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. ii. 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. Sub recipient 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 FinF ON 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 SHARE OUR SELVES (SOS) Attn: Karen McGlinn, Executive Director 1550 Superior Avenue Costa Mesa, CA 92627 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, Rights 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: OFFICE OF THE CITY ATTORNEY B ( )1 Leonie Mulvihill, Assistant City Attorney City of Newport Beach ATTEST: 0 44�' - r'- Leilani Brown, City Clerk �+ Exhibit A: Scope of Services CITY OF NEWPORT BEACH A Municipal Corporation By. Keith Curry, Mayor SUBRECIPIENT: Sharing Our Selves (SOS) By: . "'W,p 1 (Fipanci�61 Officer) Title: een 7a7 A.7 Print Name: Mk 2%-) L,Fq 2 [END OF SIGNATURES] 17 Z ",J ,A-j Exhibit A 19 I CITY OF NEWPORT BEACH CDBG U 47!r..ir_�.ti cr Exhibit A: Free Medical and Dental Clinics _rr.oaa',. Project: Free Medical and Dental Clinics Organization: Share Our Selves (SOS) Description: SOS 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. 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 area commitment to true open access for those lacking a more traditional medical home. The Program estimates serving 275 Newport residents. Eligibility Approved Funding 05 HUD Matrix Code: CDBG $9,000 Public Services (General) Eligibility Citation: 570.201(e) HOME $0 Low Mod Clientele National Objective: ESG $0 570.208(a)(2)(i)(B) Accomplishment 275 Persons HOPWA $0 Goal: Start Date: 07/01/2010 Other: $3,717,276 End Date: 06/30/2011 Total: $3,726,276 Location / Service Area / Beneficiaries: ; Administered By Share Our Selves (SOS) 1550 Superior Avenue Available to clientele throughout City Costa Mesa, CA 92627 Help the homeless? No Help persons with HIV / AIDS? No Help persons with Special Needs? Yes Karen Harrington Director of Development Phone: 949 - 515 -5400 ext. 31 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 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 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: l) 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 fiords; 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 Reconciliation; 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; 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 ifI 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 De v lopmeni Block Grant (CDBG) funds. ren McGlinn Date Ex utive Director 21 L CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 - -v A ril 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL! FROM: Planning Department Kathlyn Bowden, Economic Development Coordinator 949- 644 -3230/ kbowden(a) city. newoort- beach. Ga. 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 (201.0 -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 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 Fundinn Availabili 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- Fisca6:Year2010- 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 5 Families Forward. $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 Jung 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 7 City of Newport Beach — Section 108 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 (15t) 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 years 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 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 4"' 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 bome by homeowners in a utility assessment district. While the CDM Community Aquatics Foundation's request does meet an identified Funding Strategy, staff believes ttiat' 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. CITY COUNCIL RESOLUTION NO. 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 Apri127, 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. 1 :a NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK OF THE CITY OF NEWPORT BEACH 1 1) TABLE OF CONTENTS 1. Executive Summary 1 -1 Overview of the Consolidated Planning Process Strategic Planning Table 2. Strategic Plan 2 -1 Introduction Local Objectives HUD - Specified Objectives 3. Available Resources 3 -1 Federal Resources State and Local Resources Other Resources 4. Distribution of Re sources 4 -1 Distribution Among Priority Need Geographic Distribution CDBG Eligible Area Map 5. Program Year Activities 5 -1 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 2010 -2011 REVIS ED 04119/10 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: y Funds Avadablelfo'i4201t0 20A11 Action P,tanlPro�ects -- r J~ SOURCE 4: AIUIO',UPdTt �_"' 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. REVISED 04/19/10 1-1 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 c mo ments'zwe�e €teceh" ue from the:Pub Icl . 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 pubh� c hearing was held own April 27 2010 before the City Coin - n _cll. S tofFs�x1(6p,publlc service agencies; oA` ne ?(r1}ihowsing�provlder an one(11) ityl ©eepartme�4 weret preserit Agencies in attendance were given an opportunity to present their program and make a formal request for the funding of their program. There weo additional oral c mments 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. Consuliation fn 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: DPRiO EEDC T S 2 0.28 1 Dt 2 X289 P F Ceff G Housinq $ 77,107 20% $e`morEServiaes ; , t is - <r $- 201;000 5 °!a, Special Needs /Non- Homeless _ $ 14,600 3.5% iHvmelessandiMlVtQIDS ' `; $ "ro,)OQ Public Services $ 9,000 2 % t?u6Nc FaeO "es' /Infrastrucb�re : a., - _ °_ _ $ 199'346J _- -!52, Administration $ 60,285 15% 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 REVISE° 04/19/10 Ici EXECUTIVE SUMMARY SENIOR SERVICES 5rYearStrtegY�r i� n Provide andependettyl�siposartil �Y+litypporhvetservices so elderly:resrtlenfsrcantlive t� Nsti�!'_'2' ♦ �fi ;;1s`�'.�a ' ��- i7F'7� 3 r �' z.- .aY P Outcor�pelObiectiVe '� Pe�fomra`nce e Fiv Yeat Statements' - .,i:,n, P�anned4Acirvit♦e"s� � -�-fi -r °�k � indicator i.r # .z �fsi Goafs 'r 6 °, s,r'�`yt: +Perform me IF rve -Year Planned Aeit�tties General Senior Programs _ tir {: ,20 i clgdp atn� Gsals ym .,i „ „2:r=�T W,,> Information and Referral Accessibility /Suitable Programs Living Environments Programs People 500 100 Food and Essential Services Senior Transportation Services People 35 7 SPECIAL NEEDS /NON- HOMELESS 'S Year S4r`a`te9Y . Help iris eFso'r th pecial s hveras mdependeitfl as osstble P.�s`, Cutcoroelf� le�c6ve` I 'r 6 °, s,r'�`yt: +Perform me IF rve -Year Planned Aeit�tties t;/�y,'r ;Statem``ents�, . _ tir {: ,20 i clgdp atn� Gsals ym .,i „ „2:r=�T W,,> 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 ADA Improvements public Facilities 2 D Substance Abuse Rehabilitation Services people 40 8 CITY OF NEWPORT REACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010.2011 PAGE REVISED 04/19/10 ,?f EXECUTIVE SUMMARY PUBLIC FACILITIES 5 Year ", a- .9 Provide acct ss qo local publ�e faciUfiduthat contribuiel tocom munity aqd� neIgbborHood deuglopment 4* 1AOutcomer0lajechvet T'i!JIS3�oiU O ai :.T ,. �T' Perforrnance�FFive Yearn 3tafiements ._.�, Plan�eddAcBVtbes`, A _ _ -, 1nd�cator G`oal's j' 20�1- AL • - -Ereate , Economic Opportunities --; Sustainability If Suitable Section 108 Loan Repayment - 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: l;, ._, • i'7 Ir• h -''mss? ^' '- l < T'i!JIS3�oiU O ai :.T ,. �T' ` l�lJ�A�L+:'1F 0�4Wh4Wt••111�7JLI Provide • - -Ereate 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 04/19110 .,7 a CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 Chapter 2. STRATEGIC PLAN n! n 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 Pft OGRAIA YEAR 20102011 PAGE 2 -2 R EVISEO 09/19110 n -1 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. C 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 201 REVISED 04/19/10 -G 2. STRATEGIC PLAN Newport Beach Program Objectives: Senior Services, Special Needs /Non- Homeless and Public Services 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: o . 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 $10,000 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04/19110 PAGE 2$ n 1 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: 0 Families Forward Transitional Housing Program $10,000 2. Assist homeless and prevent those "at- risk" of becoming homeless 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: 0 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 $4,600 $10,000 4. Improve support services to HIV /AIDS population. 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 REVISED 04/19/10 n n, 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 jack 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 PAGE 2 -10 REVISED 04/19/10 7,� 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. C 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 PAGE 2 -12 REVISED 09/19/10 n I 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 04119/10 1)1 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. 2010 -2011 CDBG Entitlement t $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) furSds 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 PAGE 01 REVISED 04/19/10 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 2010.2011 PAGE 6 -1 REVISED 04/19/10 11 ISL -Z AV, Rt.,, HARBOR ` i�' ISLAND' lF7c.'2 \\ : Arta. r COLLIN LIDO BAY ISLAND ISLE ISLAND�y t. EWPOR DUNES 1 . _ GBALSOA Assessment District 100 PIER 13th St. /Balboa Blvd.. /Adams St./West Ocean front BALBOA ISLAND r I. swr,r Proposed Underground 0 1,000 2,000 °,«m.a• Assessment & Utii9i4y Districts Feet 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 Cjty of Newport Beach City of Newport Beach City of Newport Beach TOTAL USES Home Delivered Meals $20,000 Fair Housing Services $11,185 Transitional Housing Program $10,000 Community Resources Center $4,600 Substance Abuse Rehabilitation $10,000 SOS Free Medical and Dental Clinics $9,000 Utility Assessment District Grant $65,922' 108 Loan Repayment $199,346 CDBG Administration $60,285 'Project budget amount $60,773 plus Unallocated CDBG Funds $5,149. CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 REVISED 04119/10 $390,338 ,I, Grantee Name: City of Newport Beach Nm N FS1i Housing Council O,C.!'Fair Housin SerJii:es ; - Desoltion: xors vro'eu a: 2010 -02 uo00odc CA62454NEWPORTBEACH' The project will'provide fair housing education, counseling, and' enforcement servlces to current or potential Newport Bewltresldents,.coupled with lahtllord /tenant '. counseling services. These sevices impact-and benefit target .CDBG -areas and the extremely-low to m6derate mmmepopulation, woupon: J..� 1�- ,: -yr %y+ `Mi:Pr.J AV. deed'ra"kuwry l�Fl.Y.iirl.`A R Fzh Hgishlg Cwnml of Oan9e zutSWCn amadwaf- ' nu Ana, CA92 >Iti Select one: Explanation: Es tom lotion D eou LOO;- ' ROOM and SpBCIDI:need5 peROI1S often have'Iimlted resources to add any Iandlondjtenant concerns, ar other issues thatattect their housing. 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Pro sod Unib gmRi. type V Pro oed unib Actual Units Actual Units d hw,rL TH.e 10 Proposorl Unibq�s1ATYte P, Pm Sed Unlfs Actual Units Actual Un "rts 2010 -2011 Action Plan Revised 04 -19 -10 A/ Grantee Name: City of Newport Beach Protect Xa Families Fro, ai'.i11''- Tmnsi5onat N6usln rRke rain oesoi core lots Pro Act a 2010-" UD0 rmc ICA62454 NEWPORT BEACH The Tranvaoral Xouang programasslats 'tor eles5 fadalesVTo regdrn stab IAy aW self suffidClicy meur9e[" PepuW60 LS homeless;la'iiabes�vnthN Wren The des "suppomve Prdgramrpmv mse'man'a9 -meM antl „- servros'to househd� reo'd ng in FamO'Forxanl trar[sitlorral M1ouan9 uniL:`CDBG funk wJl�be use tafpay ror a of [he lly portion saldN ofamse ma a, .. ,7.`.?.'..r.�k'`•rl Location: .X � �� - Famlrie5'rawald 9m Select one: Pl44Qa -.• IMM, CA:925i8 , Ee am ee onplo,i.n Datc Pmvatle 'ni¢dels4Ervims'- Fa-lbw /mOd nmme PeROnS.bY. 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Pro red Urdb 1�;�'.. K.; Amr(LTF- Pro setl Units , r u O 0 .W Y' °i r -. -. -w ". ACFrd Units _. qr Atfud Units A--FL Tµ 9 Pro sea Urets ':ti=` 4 AmnL 7W, Pro osM U:db AGUd U its 2010 -2011 Action Plan Revised 04 -19 -10 Grantee Name: City of Newport Beach open pro.0 Nam Servin Ie ln:Need SPIN : Substance AtiuSe,TreSlrilenE.Pro ram SgRP 10M Prainc, 4, 2010 -06 led. eodc jCAbZ454 NEWPORT BEACH o on: SARP'p[yvldes access to recovery programsfoi nometess and 'low- income individuals who cannot otherwise afford treatment. Case management - includes: onunseling, supplemental`Pmployment serykes, medical assistance, and legal assistance. CDBG funds mll'lw_ dyed W pay For operational cost- lntatlem M'-' M} S•. Ti) p'` �r} SSV.•!` .Itiforl.IfeW'C•t¢ ".- '1%!Q?t.L>' , Serwtlg.l!mPletn l'(SPIN) Ncc ]51 KNiiius; H -),S rnq He_sapG 12626 Select one: MAtSwlies (O • EFplenaaon: EK ca Completion Unto: Homeless and low- ihrome people often d r, not have suRideaCinm.e to par iopate in substance abuse - treatment programs m help in their recovery. SARP.T.' as th'eateess to surh: programs run homeless and low-income persons suffering from suhbtanon aboo, National Objective Otation: I-MC SJ0.2Ua(a)(2)(i)(Aja(e) 6i]U)'ffiu. ,.. �0pn:Ha'�kwi'9 BSUotile lry g Envimmian O Fapnnncopa ary Uvtewne (Stegnnn lJAwmd!Rgntces6ury f]Apanapnar �S Tah 1 1^pew -tlem -ire (e WnoE"ummpnae Q 2 NM aaM.aln,p®� y 3 E- corm.[ s Propnsea a role pa r Pro aad _. ,. -'Pica ram Year 1 . urwerwa Pro ramlyeal.4 _... underway comolna Compete 1, � n m n W f , mpzpe Q.`. i' ° Pro rare YearD- 'ramgcee Pro sod m P nPn v P ' underwa ' Pio-ram :yearv5 and. eom ate a` $ mlmpe o'- Pro setl "y _. 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Pro sedpmt , ARUal Amoum AMal Amount p m Perpe v vro osetl unit :,;' A' "' Amrp.Tpn V, vro sod unit AC Unit Actual unit y Nmrft Tile 0 - uahR A.W Units 5W ADim�li¢ V Pro sod Unit Actual units 2010 -2011 Action Plan Revised 04 -19 -10 F �-2 Grantee Name: City of Newport Beach l Pro"ect xame: SectiOnlOR:oan Re 'melit ' Cesoi tiom 1oa Pro'ec1 a: 2B1[FUs . ucl; o CA62454NEWPORTBEACH Pundnwill be used,w agaY'the GLY`d Seaton 108 ' Loan. The loan was used tO partfally Amdpobhc, -- imprpvamenti to the Balboa Target Area totabng SB'- million. The Xnpe of vrork Includes the;Balboa V Ib9e Pedestrian'and StreaUcape Ran, Shoat Improvemenm to Balboa Bald., Rei Parkm9 Lot, Pfei' Plaza and Lot P.t connecurg access to Main st e - If Location: ... A 1 lTM'- Con- susT2f 6280D.1 Select one: romlanation: rmmLma COmleticn Cato, a/n /2011 Targeoxlareas withld.6al,no Village wgre tlet176-urg. TO.elimlrPefe the bight, blighting m0uence�and prevent further dH dabon, the Gry used CDBG funds th make Mcessary nnprovemerm to the tanet_areas- The mplovenrenGS will Stimulate suture economic invest lent and pmvid¢a more suitable Imn enyirdn ent. IU O De*aAllouzrg ASUEwetagEmuunnwil OEmrcniic DppµrunAy National.Oblactrve Citation uC S70..08(a)(1) 1 3rPOte4rttr/ fin® qusAyalp fleitpeeteLSlvbrc'v,vtopaaa I ftff m Categories - L]AVaPaNM /MtnL411n. -.: r 21 _ Nw ,oaa V l7�.xwn 3 ..._- L o E ss Rfb[ttr£aec o Pro ozea 1 11RdeIbo:L'er o: P—pooro .Prof ram .Year 1... Unaetvm Pm 3rllPYear4 ,`, unfl M ✓.j co ca ote cam —w L E ssBrsata st;e -- Pro ram Year 2 Y. Pro see Jn l Pooaaoe Pro mm;Year 5 ' Pre see =A eamgeee eommor 6V ssRf6cW Risig 4 n� Iho sea 4 - (wrrL TKC .Pro r"am:T'sb13 �'. Underna Q... ^. Can. PIailSPedodit Unaerwa cam ete i. 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O Pm scd Amt " PNSOU¢V Pie setl Amt Actual Amount =! q ItN"asrE p Pro sea ArrR - .., Acryal A .urn - -" nsg5orre y P sod AML E _ .;a 'v: - e.,,; AC1ual Amoun[ •^'> AC(yy Amount 9 llgfEClhifia(y Pm sM Vnits l •., - AmfpL lY(c P P ttd Urats .. , a -- Achral Units Actual Unite y 4®rµ TYpe sea Vrits Amnµ'Ik v P sctl Urvb I •, Amual Units 2010 -2011 Action Plan Revised 04 -19 -10 CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2.010 -2011 APPENDICES r-1 qt9 -'IKN pFyO 43 �' Q �Q�9�``IN OE4ft4��� The SF 424 is part of the CPMP Annual Action Plan_ SF 424 form fields are included in this document. Grantee information is linked from the 1CPMP.xls document of the CPMP tool. �- Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Date Submitted5.1. 4:20101006-0546 MC *.;`,:�_; rtT pe #ofSUbmisslon;_ ate Received b state+ fate Identifier . , Ircationi:'Si, ate�Recepiedb 'HUD .. Federal- Identifier ' . , Construction Con "sWchon *, Non Construction .. } w Non:Consfmcton' _, icarit Infonriafion -. �'.d �I," "',r�r Y 14 '' ''PG'u6.r- ]T' —' i of Newport Beach JOG Code: GA62454 NEWPORT BEACH 300 Newport Boulevard DUNS # 060752482 Dirganizational Unit: NeLA2ort Beach alifomia Department: 2658 -8919 ountry U.S.A. Division, Economic Development Division m to en'liJenilB attoie}Nu`mher E1N :�r'{,j.;, oun : Orange 5- 600075 �T Pro ram Year Start Date M WDD : 07/1 - ocal•Govemmenf; City �z '!i' f �,]F ryj"i{"',, (e'4'3• � jWj:3 - �'�k�at'pi `ar h' "it } itv. -' 4 '3N* 4 e �- � �§ erlti0 ro ram,FUndm ,s t s'; x�E I;E;B`'i r �._, {I. ''.f2?.,t,=xr Hous(n`� and Urtia}i De4elo `fi n atalogue of Federal Domestic Assistance Numbers, Descriptive Title of Applicant Pro /ect(s); Areas Affected by rojed(s) (ci'ties, Counties, localities etc.); Estimated Funding m......Y" eve III 11 Block'CG_ra nt icy y t4218'Entitlement Gran. r �C+IS�`TiLi[}n�,}.'R'vtM.� �A3 3y� M.d —�F' ♦4 tf" OBGSProlectaTitfes ;F,Y_s20102011?AehonvP,lan:' DescnptionofAreasAffectedibyCDBO §Pr6idat(s) -.,. 14.-218,Cammunity tDeveIopm&hfI ock Grant DBGGrant'Amounl$385;T89 dditionaPHU I Grant(s)- _ - ;Leveraged 0 ddftional'F.ederpWunds•Leveraged $0. - dditionaLState "Funds Leveraged}$0" t �" �1 1r� iZ•S ,; Locally Leveraged Funds $0 - , iantee Funds Leveraged' $0' "' r a.' u nticipated'Program Income $0 - - ther (Describe) N/A otai Funds Leveraged forCDBtrGased Proj ct(s)'$0 ome Inves 'tmentlPartiiershipsgProgram7 ;Gtr, "mod � `� 14.239 HOME HOME'P(oject Titles N/A Description of Areas Affected by HOME Project(s)� HOME Giant dditional HUD Grants) Describe } Levera ed Additional Federal Funds Leveraged Additional State Funds Leveraged "- 'Levera J 9 :•..�t.. Locall Y 9e d Funds rardee Funds Levemged �>r 4tg Page 1 Version 2,0 -r 4oiOXN70', - * CPMP Non -State Grantee �z Certifications qe� QL�e D� 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. 'QaThfs, Certificati4h domnotjapply P i... r,, ».trar;Mte •'3e' "s t "4 i ® wThis :certificatlon�isappbcabYe"c 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; 5. 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 ra I City of Newport Beach 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) 2D_02, 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 I_n City of Newport Beach 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 Ci Coun state Zi 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 1.. i5: CITY OF NEWPORT BEACH ANNUAL ACTION PLAN FOR PROGRAM YEAR 2010 -2011 APPENDIX Igo PROJECT $UM MAR0ES (CPMP EXCEL TABLES) .-, 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 Objectives Specific Obj. Outcome /Objective # Sources of Funds Performance Indicators Vear Expected Actual Percent Specific Annual Objectives Number Number Completed �6E' l7FJ�2F% �Aifur�la' tiiii_.;�tif,rRecarit?!Flouslfi' - - �>.- �I;S�ayyy �;;t�':�Lr3� Acquisition;, of Affordability Cov=_'nant -s'on : ; 2010 0 0% en aI rope rties - Expand.the supply of pp Y In =Lieu Fee, 2011 0 0% singJ nits affordable to low- and 9� 2012 0 0% Housing Writs mo come within'the`City., s; a 2013 22 ... _ 0% 2014 12 0% DH -2 (1) '° _ -., MULTI -YEAR GOAL 34 - 0 0% Construction °ol "MUlti - Family Affordable " 2010 0 0% Housmg`Gnits- increase supply"of'laousrng , Den sity1Bonus •_ 2011 0 0% units,affordable to lo'w=`and moderate- ; . Ta)tCredits 2012 0 0% income hous'e'hold •through.new Housing Units 2013- 0 0% construction, - r w Ys ?State rasa y1i? HOME_ 2014 . ' 66 0% MULTI -YEAR GOAL 68 0 0% 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 Objectives CPMP Version 2.0 Specific Obj. Outcome /Obloctive Expected Actual Percent Sources of Funds Performance Indicators Year Specific Annual Objectives Number Number Completed kp%SL�.A`A�i,`alla�'tiC '/ A ece'ssblllt'PotiS'ulfati{'�Lfuln iEn�lronm"ori , _ *yam; Inease services to low and moderate income`. 2010 7 0% persons wthlspeaal needs throw h - 9 CDBG s e f -Batteredeand Abused Spousal Programs 2011' 7_ 0% 2012 7 - 0% Fa Food and Essential Se rpeople - r vices,. Referralxand Case;ManagementtServlcesr e 5 ; _'ia _ 2013 7 ,_ 0% Employment'Trainirig ^and Placement of .8r r ` ,A 2014 7. 's 0% Persons wth Qisabtlities S MULTI -YEAR GOAL 35 0 0.0% Upg4ra —de PubligiFaalities with ADA Imp ovements 20101- ,. _ 0% i Increase accessibility of °persons wth disabtlitresrto CDBG " 4 (, g 2011 0% SL -1 (2) pubjic facilities s p ',,' 'publicrFacib4e5 `, 2012. 0% • , e 20131' 1 ;< 0% >- 2014 1 00/0 y MULTI -YEAR GOAL i2 0 0.0% S listancergbuse Rehabilitation Services °Increase CDBG' 2010 0% supportive services for:peisons'suffering from, `� •. 2011 0% substance abuse. el oPl'e' 2012 - 8 _ 0% 2013 811. 0% 2014. 8'i. 0% MULTI - YEARGOAL 401 01 0.0% 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 Objectives Specific Obj. Outcome /Objective Expected Actual Percent # Sources of Funds- Performance Indicators Year Specific Annual Objectives Number Number Completed cSL Asia 4 'it' "lilt lAc�e'ssiGii is "'tof`SiJiafiles '{:i lEWIrorame73 _ k'�IfFFJaYiSS�a[S a Provide andnmprove public sery cesl;to low ; a t` �' 2010 " ' 100 ' <, 0% and':moderate, inCOMe thro CDBG "; 2011 10 0 , 0% pe�sone "ugh Public Services ~ .General Employmenfartl Other Training Padgrams 1 t k "tea s R People: c N s 2012 1'00 r. 0% SL -1 (4) W deand Essential services , �'�a FainilY. S r :_ .t t`.b. •, a`f '. 2013 �% 2014. 100 0% ` Health „Services MULTI -YEAR GOAL 600 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 Ce PROOF OF PUBLIC NOTICES AND [PUBLIC COMMENTS „, City of Ne.Wport Beach Notice of Funding Availability (NGFA) Inviting Applications for the Community Development Block Grant (CDBG) Program For Fiscal Year APPLICATIONS WILL BE AVAILABLE DECEMBER 12th, 2009 THROUGH JANUARY 20th, 2010 The Federal Housing and Community Development Act of 1974, as amended, provides Federal community Development Block Grant (CDl3G) funds to the City. of Newport. Beach for projeets,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 CDf3G funds for fiscal,year2010 =2011. NOTICE 1S HEREBY GIVEN thattheGity of Newport Beach is currently accepting applications for eligible public services: The applicatlbnnay. be used by non -profit of&mzatlons to request funding or by-Newport Beach residents to suggest that the City o-rOther organization undertake a new program. A general description of eligible public services is summarized below. ELIGISLE PUBLIC SERVICES.- Above all, applications must: demonstrate that theservice 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. DEAMIitiE; All interested service providers must complete an application package, available at wwww_nov�o3!tbgachea gov /index asox?aaoe -lT26 orthe Clty 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. r A veefeiitt lk.R!i>tiSb,kh'claselnrnl�rra3: ;cictil+ia,:ltliLm }whit aatxru t+3 1.)ecm oP!h:. E.— Sxt��iui'. na ;.ofOnmgz.Co1s51y;CNirwggCE#'yi `p�i —R rt�.snhstAj.G•E+F.. - S:�tttnbr: 24.791.1.ttw A -t ?8il hmeif. 196?: D PROEM= OF PUBLIC IW6 m 91 Dr a OF 111Lt 11I �!11 SPATE OF CALIFORNIA) iYUNE11:10VIit.lHt j ss, COUNTY OF ORANGE -) I am ,a Citizen of the Unitetl. States and a resident of the CouhIA aforesaid; f ' ,am . over the age'of eighteen years, and not a party to or interested in tiie below entitled, matter, 1 arn_ a principal clerk of the NEWPORT BEACH _, COSTA MESA DAILY PILOT, a nawspapei' of general circulation, printed and published iri the City of Costa Mesa. County. of Orange; State of Califomia, and that attached Ndtice is a true and complete copy as vas printed : and published on the following dates: Marcl -:2d, 201,0 I declare, under penalty of.perjury, that the foregoing is true and correct. Executed on March 22, 2011 ii at Costa Mesa, California. Signature Ti 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 Pagels ACTIVITIES 91.220(D) 1. Does the action plan contain summary of priorities and specific annual during the program year? Yes No Verification found on page /s Note: The jurisdiction should use summary Consolidated Plan. of annual objectives as identified in the 2. Do the proposed activities correspond to the priority needs identified /local specific objectives listed in the Consolidated Plan? Yes No Verification found on pagels 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 NIA 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 NIA 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 N/A 7. Has the grantee exceeded the 10% Operations cap for ESG? Yes No NIA R n. 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 91.22011) 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 N/A 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 under 24CFR 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 N/A 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 N/A 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? Yesi No) f) Did the jurisdiction describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME - assisted units? Yes) No) 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 fines, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such A. 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: Date: Program Manager: Date: R, NOTICE OF PUBLIC HEARING AND F '11EW FOR THE CITY OF NEWPORT BE,._H DRAFT FIVE -YEAR CONSOLIDATED PLAN (2010- 2014), ONE -YEAR ACTION PLAN (2010 -2011) CITIZEN PARTICIPATION PLAN (2010 -2014) fi,UYee -r0 -,,� NOTICE IS HEREBY GIVEN that the City of Newport Beach has prepared its draft Five -Year Consolidated Plan (2010- 2014), One -Year Action Plan (2010 -2011) and Citizen Participation Plan. The publication of this notice is the beginning of the 30 -day public review period required under Federal Regulation 21 CFR 91.105 (b) (2). The public review and written comment period begins March 20, 2010 and runs through April 27, 2010. NOTICE IS HEREBY FURTHER GIVEN that the Five -Year Consolidated Plan, One -year Action Plan and Citizen Participation Plan will be presented to the City Council for approval on following date: DATE: April 27, 2010 TIME: 7:00 P.M. LOCATION: City Counci amber 3300 � , �1w©pcoo � A�v(DncAG ciD AvF, o�, At this meeting, the City Council will receive public comment on the draft Fivee- -Year Consolidated Plan ('2010- 2014), One -Year Action Plan (2010 -2011) and Citizen Participation Plan that is to be submitted to the U.S. Department of Housing and Urban Development (HUD). BACKGROUND The Consolidated Plan is a grant application to the Department of Housing and Urban Development (HUD). The plan establishes a framework of housing and community development priorities for Newport Beach, aides in identifying and sets the foundation for projects and programs to help local low- and moderate - income communities solve their problems, meet their needs, and achieve their goals. The Action Plan then appropriates the funding to specific programs and projects for a given year. The Action Plan will appropriate Community Development Block Grant (CDBG) funding to specific programs and projects for the 2010 -2011 fiscal year. The City anticipates receiving approximately $1.8 million in federal housing and community development funds over the next 5 years. The Citizen Participation Plan is a document that details the City's policy on public review and participation in the decision - making process regarding the Consolidated Planning Process in accordance with the Consolidated Plan implementing regulation 24 CFR 91.105. PUBLIC COMMENT Copies of the latest drafts of these documents will be available for public review at the following locations: City Clerk's Office 3300 Newport Blvd. Newport Beach, CA 92663 Planning Department 3300 Newport Blvd. Newport Beach, CA 92663 City of Newport Beach — Central Library 1000 Avocado Avenue Newport Beach, CA 92660 The public is invited to submit written comments on the housing, community and economic development needs and proposed projects as articulated in the draft Consolidated Plan, One -Year Action Plan, and Citizen Participation Plan. All comments relatives to the draft documents mentioned above should be submitted to the Newport Beach Planning Department no later than 4:00 p.m. on April 27, 2010. Questions and written comments regarding the draft Five -Year Consolidated Plan, One -Year Action Plan and Citizen Participation Plan may be addressed to Kathlyn Bowden, AICP at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915. You may also call (949) 644 -3230 with any questions concerning the above documents. ACCESSIBILITY TO MEETINGS AND DOCUMENTS It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, and the Architectural Barriers Act in all respects. If you require public documents in an accessible format, the City will make reasonable efforts to accommodate your request. If you require a disability- related accommodation to attend or participate in a hearing or meeting, including auxiliary aids or services, please contact the City Clerk's Office at least 48 hours prior to the meeting at (949) 644 -3005. r it ' I. Brown, MMC City Cleric Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. RECEIVED PROOF OF PUBLICATIIN STATE OF CALIFORNIA) CrIY ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States resident of the County aforesaid; over the age of eighteen years, an( party to or interested in the below E matter. I am a principal clerk I NEWPORT BEACH - COSTA DAILY PILOT, a newspaper of g circulation, printed and published City of Costa Mesa, County of O State of California, and that at Notice is a true, and complete .cc was printed and published: of following dates: 'March 20, 2010 I declare, under penalty of perjury the foregoing is true and correct. Executed on March 22, 2010 at Costa Mesa, California. Signature