form HUD-4010 (06/2009)
ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the DavisBacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
EXHIBIT B
4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project) Previous editions are obsolete
form HUD-4010 (06/2009)
ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph
A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly
rate) specified in the contractor’s or subcontractor’s
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved program for the trainee’s level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by
EXHIBIT B
4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project) Previous editions are obsolete
form HUD-4010 (06/2009)
ref. Handbook 1344.1
the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12. 8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the
contractor’s firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
“Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not
more than two years, or both.”
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
EXHIBIT B
4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project) Previous editions are obsolete
form HUD-4010 (06/2009)
ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing such provisions.
EXHIBIT B
4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)
CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Megan Miller, Human Resources Manager
Hesham Elshazly, Transit Manager
Jeff Jones, City Manager
SUBJECT: Adoption of the Transit Lead position, job description and corresponding salary schedule
BACKGROUND:
The City of Arvin Transit Department has been operating with very few incidents under the sole direction of the Transit Manager. Upon review of the overall Transit Department operations, it revealed a staffing need for additional oversight for both the personnel and fleet. The Transit Department has had several staff additions, with that, the need for oversight and need for mentoring has increased and will continue to increase as the Transit Department grows. The city received the award for additional electric busses; thus, the fleet inventory and maintenance oversight needs rise respectively.
The Transit Department completes 100 routes resulting in 18,800 miles per month. This departments performance is crucial to the meet the needs of the City of Arvin residents to provide transportation to their personal, professional, and educational obligations. The ridership for the city has increase in excess of 90% in the current fiscal year. With the increase in fuel prices, proposed growth in the Tejon service area and addition of the Bakersfield College satellite campus; we anticipate continued and consistent ridership growth.
This position is essentially acting as a lead bus driver and mentor. With that, this position is a promotional only position and not an open recruitment.
The hiring process shall be in accordance with City of Arvin Municipal Code 2.06.100 - Power of appointment and removal and Resolution 87-13 Personnel Rules, Rule IX Transfer, Promotion, Demotion, Suspension and Reinstatement - Section 2 and the City Manager and Human Resources Ad Hoc shall approve final selection.
STAFF RECOMMENDATION:
The recommendation to adopt the Transit Lead job description and revised salary schedule.
Additionally, support the promotion of a qualified applicant to the position.
FINANCIAL IMPACT:
This position is approximately 10% over a traditional bus driver pay scale and no additional benefits or expenditures needed.
4.I.1
Attachment: Transit Lead Staff Report (Transit Lead Job Description and Salary Schedule Approval)
ATTACHMENTS
:
Salary Table 05.22
Transit Supervisor Job Description
4.I.1
Attachment: Transit Lead Staff Report (Transit Lead Job Description and Salary Schedule Approval) City of Arvin
TRANSIT LEAD
DEPARTMENT: TRANSPORTATION DEPARTMENT
FLSA STATUS: NON-EXEMPT
UNIT: REPRESENTED, SEIU
GRADE:
JOB SUMMARY
Under general supervision by Transit Manager, Transit Lead acts as intermediary between the driving staff and administrative personnel. Transit Lead is to complete performance evaluations on vehicles and drivers, resolve transportation complaints or issues, coordinate training procedures and often make recommendations on personnel to Transit Manager and administrative personnel.
DISTINGUISHING CHARACTERISTICS
The Transit Lead is skilled in time management, critical thinking, communicating, and listening. They should be comfortable with reports and paperwork, reading maps and navigating, working with others or independently and maintaining records. Transit Lead should be organized and work well under pressure. Transit Leads should excel in establishing and maintaining positive relationships with drivers, customers/members of the public, administrative personnel, and public officials.
SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Transit Manager and/or city administrative personnel.
Incumbents in this position oversee Transit Drivers.
EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Assists Transit Manager in assigning staff and monitoring busses and drivers daily • Maintain manifests
• Assist passengers who need special assistance and schedule extra trip assignments when necessary
• Observes driving staff and routinely conducts performance evaluations of drivers • Inspects vehicles for safety and compliance and schedules any necessary maintenance/repairs
• Oversees route changes or additions due to inclement weather, road conditions, construction/closures or similar occurrences
• Periodically updates reports on vehicles, mileage, usage and transportation matters • Assist in investigating and resolving complaints from customers • Conduct training sessions and report driver skills and knowledge to Transit Manager and administrative personnel
4.I.2
Attachment: Transit Lead - draft (Transit Lead Job Description and Salary Schedule Approval) Transit Driver
• Operates a city transit vehicle to transport passengers to their destinations using designated routes in accordance with time schedules and department regulations. • Provides customer service and presents a positive image of the city to the public. • Serves as relief Transit Administrative Dispatcher as required. • Regular and timely attendance.
• Performs other duties as required.
MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
High School diploma or GED Certificate
Experience:
Five (5) years of progressively complex and responsible experience in public transit department.
Licenses and Certificates:
• Valid California Class B driver's license with passenger endorsements and a clean driving record.
• Current Verification of Transit Training (VTT) certificate issued by the California Department of Motor Vehicles or the equivalent training to operate a public transit vehicle in passenger service.
• Current General Public Para-transit Certificate.
• Current Medical Certificate.
Other Requirements:
Bilingual English/Spanish preferred
Knowledge of:
• Public transportation system operations
• State and federal laws and regulations
• Employee and fleet management
• Training and development
• Scheduling and documenting vehicle maintenance
• Safe driving practices related to the operation of public transit vehicles. • Safety regulations and Vehicle Code provision governing the work. • Methods and techniques of operator maintenance and vehicle safety inspection. • City road systems and geography.
• Basic first-aid techniques.
• Basic office support practices.
• Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
4.I.2
Attachment: Transit Lead - draft (Transit Lead Job Description and Salary Schedule Approval) Transit Driver
Ability to:
• Operate public transit vehicles skillfully and safely. • Understand and follow written and oral instruction.
• Present a positive public image of the transit system. • Maintain order among the public.
• Respond decisively and effectively in emergency situations. • Learn a designated bus route, including stops and traffic hazards. • Read and interpret maps and schedules.
• Prepare accurate and concise records and reports.
• Operate equipment utilized to perform the work including, but not limited to two-way radios, chair lifts, and fare boxes.
• Maintain schedules on assigned routes.
• Read, write, speak, and make mathematical calculations at the level required to perform the duties of the position.
• Provide high quality customer service.
• Establish and maintain effective working relationship with those encountered in the course of the work.
WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Work is primarily performed outside. While performing the duties of this job, the incumbent must regularly hear, sit, reach with hands and arms, and use leg/foot to reach or handle controls. Physical effort, finger and manual dexterity are regularly needed to drive non-power steering vehicles and to operate door and dispense transfers. The incumbent must frequently talk, walk, and use hands to handle or feel objects or controls. Occasionally required to stoop, push or pull and climb stairs. Specific vision abilities required by this job include near and distance vision, color vision, night vision, peripheral vision, depth perception and the ability to adjust focus. The incumbent is regularly exposed to fumes, odors, and moderate noise. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 40 pounds.
HISTORY
Approved by:
Date:
4.I.2
Attachment: Transit Lead - draft (Transit Lead Job Description and Salary Schedule Approval)
B C D E F
$ 15.53 $ 16.31 $ 17.13 $ 17.98
$ 15.96 $ 16.47 $ 17.13 $ 18.17
$ 17.99 $ 18.89 $ 19.83 $ 20.82 $ 21.87
$ 18.91 $ 19.85 $ 20.84 $ 21.89 $ 22.98
$ 19.86 $ 20.85 $ 21.89 $ 22.99 $ 24.14
Transit Lead $ 19.86 $ 20.85 $ 21.89 $ 22.99 $ 24.14
$ 22.11 $ 23.21 $ 24.38 $ 25.59 $ 26.87
$ 22.11 $ 23.21 $ 24.38 $ 25.59 $ 26.87
$ 22.42 $ 23.53 $ 24.71 $ 25.95 $ 27.25
$ 24.13 $ 25.34 $ 26.61 $ 27.94 $ 29.33
$ 26.57 $ 27.90 $ 29.29 $ 30.76 $ 32.29
$ 28.64 $ 30.08 $ 31.58 $ 33.16 $ 34.81
$ 30.07 $ 31.58 $ 33.16 $ 34.81 $ 36.55
17-R $ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.92 $ 35.62 $ 37.40 $ 39.27 $ 41.23
Custodian $ 15.00
Animal Control $ 19.49
B C D E F
$ 24.73 $ 25.97 $ 27.23 $ 28.63 $ 30.06
$ 52.97 $ 27.28 $ 28.63 $ 30.06 $ 31.57
$ 28.63 $ 30.06 $ 31.57 $ 33.14 $ 34.84
B C D E F
$ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
$ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 46.78 $ 49.12 $ 51.57 $ 54.15 $ 56.86
Minimum Maximum
$ 47.50 $ 61.89
$ 47.50 $ 61.89
$ 47.50 $ 61.89
$ 49.15 $ 68.06
$ 60.10 $ 74.52
$ 84.13 $ 84.13
$ 900.00
$ 300.00
$ 300.00
CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE
City Council Approved 05/24/2022 Not all positions are currently in budget Classification Range A
Public Works 9 $ 18.00
Police Dispatchers 10 $ 18.91
SEIU Union Positions
Bus Drivers 8 $ 17.13
Groundskeeper I 4
Receptionist 5
Accounting Technician 13 $ 21.35
Police Admin Asst. 14 $ 22.98
Animal Control 12 $ 21.05
Community Services Officer 12 $ 21.05
Public Works Supervisor 17 $ 28.64
City Clerk 18 $ 32.30
Accountant 15 $ 25.30
Grant Writer 16 $ 27.28
Senior Officer 14-A $ 24.73
Sergeant 16-A $ 27.27
APOA Union Hourly Schedule
Classification Range A
Officer 13-A $ 23.56
Transportation Manager 35 $ 28.64
Management Analyst 45 $ 31.68
Mid-Manager Non-Union/Exempt Hourly Schedule
Classification Range A
Financial Analyst 35 $ 28.64
Building Official/Code Enforcement 45 $ 31.68
Human Resources Administrator 45 $ 31.68
Finance Supervisor 45 $ 31.68
City Planner 60 $ 40.59
Lieutenant - Police Dept. 60 $ 40.59
60 Senior Planner 45 $ 31.68
$ 40.59
Grants Manager 60 $ 40.59
Director of Administrative Services D
Community Dev Director D
City Engineer 65 $ 44.55
Executive Tier/Exempt Hourly Schedule
Classification Range
Mayor Pro Tem EL-C
Classification Range Per Month
F
10 $ 18.91
Part-Time Positions
Council Members EL-C
Hourly Rates
Finance Supervisor $ 31.68
Sr. Bldg Officer/Code Enforcement
Elected Officials (Monthly)
Assistant City Manager J
City Manager X
Finance Director D
Police Chief
Mayor EL-M
4.I.3
Attachment: SALARY TABLE 05.22v2 (Transit Lead Job Description and Salary Schedule Approval)
CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Megan Miller, Human Resources Manager
Jeff Jones, City Manager
SUBJECT: Adoption of the Grant Manager position, job description and corresponding salary schedule
BACKGROUND:
The City of Arvin relies heavily on grant funding to move otherwise financially infeasible projects forward for the city. After performing an analysis of the Grant Writer classification, it is a notable variation of the additional responsibilities not accounted for in the job description. The untold added value to the city is inherently clear.
Since the inception of the position, the Grant Writer has secured funding for projects ranging from parks, electric busses, to roads, and so much more. The over 80 grants secured result in over $25,000,000 in funding benefiting the City of Arvin.
This position is both open and promotional. The hiring process shall be in accordance with City of Arvin Municipal Code 2.06.100 - Power of appointment and removal and Resolution 87-13 Personnel Rules, Rule VII Method of Filling Vacancies and the City Manager and Human Resources Ad Hoc shall approve final selection.
STAFF RECOMMENDATION:
The recommendation to adopt the Grants Manager job description and revised salary schedule.
This position is expected to be subject to an employment contract.
FINANCIAL IMPACT:
Varies based on candidate selected and contract terms. Please note this position has an annual salary that is somewhat cost recoverable with grant funding and in turn a minimal impact on the city’s total personnel budget.
ATTACHMENTS:
Salary Table 05.22.V2
Grant Manager Job Description
4.J.1
Attachment: Grant Manager Staff Report (Grant Manager Job Description and Salary Schedule Approval) City of Arvin
GRANT MANAGER
DEPARTMENT: FINANCE DEPARTMENT
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED
GRADE:
JOB SUMMARY
Under general direction, coordinates and oversees the grant application and management process for the city including identification of potential new funding sources, development of funding resources for existing and proposed programs and/or services, writing grants, developing budgets, collaborating on grant applications with various departments and community organizations. The Grant Manager is responsible for processing, monitoring, and coordinating required report evaluations on existing grants; assists Finance Director with writing and preparing presentations and providing support to the City. The Grant Manager is responsible for the activities of the organization or foundation, both before and after the awards process. Establishes standards and deadlines for proposals, reviews proposals for completeness, and ensures compliance with organizational or foundation standards.
DISTINGUISHING CHARACTERISTICS
The Grant Manager is a single position classification responsible for coordinating and overseeing the grant application and management process for the city. The incumbent is expected to be fully competent to independently perform the full range of duties utilizing tact, discretion, initiative, and independent judgment. The incumbent receives only occasional instruction or direction as new, unusual, or unique situations arise.
SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Finance Director. Incumbents in this class manage grant funded staff members.
EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Identifies the need, drafts, and submits grant applications; works under limited supervision following standardized practices and/or methods; leads, guides, and/or coordinates others; and monitors budget expenditures.
• Perform all activities to prepare and manage all grant proposals for various government agencies.
• Collaborates with a variety of parties (e.g. city personnel, community organizations, businesses, etc.) to secure funding to maintain and enhance services and/or programs.
4.J.2
Attachment: Grant Manager- draft (Grant Manager Job Description and Salary Schedule Approval) Grant Manager
• Develops and submits highly effective grant applications and related documents (e.g. required reports, budgets, specific inquiries, etc.) to the appropriate funding agency. • Develops forms, processes, procedures, and policies to ensure the implementation of a consistent grant application methodology.
• Evaluates degree of match between listed grant priority areas and the needs of the City the purpose of matching needs with funding sources.
• Monitors and evaluates grant proposals and funding application requirements, content, delivery method and labeling, deadlines, eligibility for grant, etc. to ensure time and resources are utilized to maximize successful awarding of grant funds and ensures compliance. • Prepare and maintain records of database and prepare files for City Staff and prepare reports to maintain track of all grant activities, deadlines and associated terms in time constraints set forth.
• Maintain project records and prepare all modifications to resolve various application issues for grant funds.
• Perform all federal and state audits on all grant-related information on subgrantees and prepare all reports for all expenses.
• Presents concepts, status, and information to a variety of groups (e.g. funding requests, grant applications, identifying underfunded services, etc.) to gain the required administrative and board approvals, provide progress reports to administration and funding sources, and/or advise other staff of potential funding sources.
• Provides support to the City Manager and department directors through preparation of written materials and presentations to disseminate clear and effective communications and to ensure the City’s strategic goals are met.
• Prepares Staff reports and resolutions related to grants. • Administer all programs and prepare a schedule for site visits with help of various members and submit to management.
• Research grant opportunities (e.g., facility improvements, professional development, curriculum development, administrative needs, etc.) to develop additional funding resources for both current and proposed services, programs and administrative operations as well as serving as a clearinghouse for potential grant funding opportunities. • Develops relationships with community leaders to further their support of the grant opportunities via letters of support.
• Utilization of resources from other work units may be required to perform the job's functions. • Participates in and leads, if appropriate, meetings, workshops, and seminars to convey, share, and/or gather information required to performfunctions. • Assists with the financial management of grants (e.g. budget preparation, budget adjustments, expenditures, etc.) to ensure compliance with all program and funding guidelines of awarding organizations.
• Coordinates with other Grant Writers to obtain information about upcoming grants. • Ability to interpret federal, state, and local government laws and regulations regarding grant administration.
• Responsible for implementing the various grant projects. • Regular and timely attendance.
4.J.2
Attachment: Grant Manager- draft (Grant Manager Job Description and Salary Schedule Approval) Grant Manager
• Performs other duties as required.
MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
Graduation from an accredited college or university with a Bachelor’s degree in Business or Public Administration, English or a related field.
Experience:
Three (3) years of progressively complex and responsible experience in the public or non-profit sector demonstrating proficient grant writing which has resulted in the awarding of grant funds, grant administration and management.
Licenses and Certifications:
Valid California driver’s license and satisfactory driving record.
Knowledge:
• Principles and practices of community organizations, and public, non-profit, and/or private agency funding sources.
• Grant writing techniques and strategies.
• Familiarity with research techniques for grant prospect research. • Pertinent local, State, and Federal laws, ordinances. and rules. • Principles and practices of financial record keeping, reporting and records management. • Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. • English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
Ability to:
• Write clear, structured, articulate, and persuasive proposals to effectively apply for and receive grant awards.
• Review and interpret highly technical information, write technical materials, and/or speak persuasively to implement desired actions.
• Identify issues and create action plans, meeting deadlines and schedules. • Set priorities while performing work with minimal direct day-to- day supervision. • Organize and communicate information and concepts effectively. • Analyze situations to define issues and draw conclusions to perform single, technical tasks to meet changing job conditions.
• Plan and manage multiple projects and assignments effectively. • Prepare and maintain accurate records.
4.J.2
Attachment: Grant Manager- draft (Grant Manager Job Description and Salary Schedule Approval) Grant Manager
• Define organizational, operational, and management needs. • Collect appropriate data to support research aims, draw reasonable conclusions, and conceptualize solutions effectively.
• Work with and maintain confidentiality of information. • Work effectively with diverse groups and individuals. • Operate and use modern office equipment including computers and applicable software and databases.
• Respond effectively to difficult and sensitive public inquiries. • Work after hours, and evenings and weekends
• Provide high quality customer service.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Work is performed primarily performed indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.
HISTORY
Approved by:
Date:
4.J.2
Attachment: Grant Manager- draft (Grant Manager Job Description and Salary Schedule Approval)
B C D E F
$ 15.53 $ 16.31 $ 17.13 $ 17.98
$ 15.96 $ 16.47 $ 17.13 $ 18.17
$ 17.99 $ 18.89 $ 19.83 $ 20.82 $ 21.87
$ 18.91 $ 19.85 $ 20.84 $ 21.89 $ 22.98
$ 19.86 $ 20.85 $ 21.89 $ 22.99 $ 24.14
Transit Lead $ 19.86 $ 20.85 $ 21.89 $ 22.99 $ 24.14
$ 22.11 $ 23.21 $ 24.38 $ 25.59 $ 26.87
$ 22.11 $ 23.21 $ 24.38 $ 25.59 $ 26.87
$ 22.42 $ 23.53 $ 24.71 $ 25.95 $ 27.25
$ 24.13 $ 25.34 $ 26.61 $ 27.94 $ 29.33
$ 26.57 $ 27.90 $ 29.29 $ 30.76 $ 32.29
$ 28.64 $ 30.08 $ 31.58 $ 33.16 $ 34.81
$ 30.07 $ 31.58 $ 33.16 $ 34.81 $ 36.55
17-R $ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.92 $ 35.62 $ 37.40 $ 39.27 $ 41.23
Custodian $ 15.00
Animal Control $ 19.49
B C D E F
$ 24.73 $ 25.97 $ 27.23 $ 28.63 $ 30.06
$ 52.97 $ 27.28 $ 28.63 $ 30.06 $ 31.57
$ 28.63 $ 30.06 $ 31.57 $ 33.14 $ 34.84
B C D E F
$ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
$ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 33.26 $ 34.93 $ 36.67 $ 38.51 $ 40.43
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
$ 46.78 $ 49.12 $ 51.57 $ 54.15 $ 56.86
Minimum Maximum
$ 47.50 $ 61.89
$ 47.50 $ 61.89
$ 47.50 $ 61.89
$ 49.15 $ 68.06
$ 60.10 $ 74.52
$ 84.13 $ 84.13
$ 900.00
$ 300.00
$ 300.00
CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE
City Council Approved 05/24/2022 Not all positions are currently in budget Classification Range A
Public Works 9 $ 18.00
Police Dispatchers 10 $ 18.91
SEIU Union Positions
Bus Drivers 8 $ 17.13
Groundskeeper I 4
Receptionist 5
Accounting Technician 13 $ 21.35
Police Admin Asst. 14 $ 22.98
Animal Control 12 $ 21.05
Community Services Officer 12 $ 21.05
Public Works Supervisor 17 $ 28.64
City Clerk 18 $ 32.30
Accountant 15 $ 25.30
Grant Writer 16 $ 27.28
Senior Officer 14-A $ 24.73
Sergeant 16-A $ 27.27
APOA Union Hourly Schedule
Classification Range A
Officer 13-A $ 23.56
Transportation Manager 35 $ 28.64
Management Analyst 45 $ 31.68
Mid-Manager Non-Union/Exempt Hourly Schedule
Classification Range A
Financial Analyst 35 $ 28.64
Building Official/Code Enforcement 45 $ 31.68
Human Resources Administrator 45 $ 31.68
Finance Supervisor 45 $ 31.68
City Planner 60 $ 40.59
Lieutenant - Police Dept. 60 $ 40.59
60 Senior Planner 45 $ 31.68
$ 40.59
Grants Manager 60 $ 40.59
Director of Administrative Services D
Community Dev Director D
City Engineer 65 $ 44.55
Executive Tier/Exempt Hourly Schedule
Classification Range
Mayor Pro Tem EL-C
Classification Range Per Month
F
10 $ 18.91
Part-Time Positions
Council Members EL-C
Hourly Rates
Finance Supervisor $ 31.68
Sr. Bldg Officer/Code Enforcement
Elected Officials (Monthly)
Assistant City Manager J
City Manager X
Finance Director D
Police Chief
Mayor EL-M
4.J.3
Attachment: SALARY TABLE 05.22v2 (Grant Manager Job Description and Salary Schedule Approval)
CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Christine Viterelli, Grant Writer
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Adopting a List of Projects for the Fiscal Year 2022-2023 Funded by SB-1: The Road Repair and Accountability Act of 2017.
BACKGROUND:
The City of Arvin provides road maintenance services to the citizens of Arvin. The City plans to rehabilitate the streets and roads in Arvin using SB1 Funds; the Road Repair and Accountability Act. The Streets and Highway Code (SHC) Section 2032.5(a) articulates that the objective of the Local Streets and Roads Program is to address deferred maintenance on the local streets and roads through prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects.
To receive its apportionment of road maintenance funds from the Controller, the City of Arvin must submit and adopt a list of projects to the California Transportation Commission (CTC) by July 1, 2022.
The SB1 program is an ongoing funding source for road projects for the fiscal year 2022/2023.
STAFF RECOMMENDATION:
Staff recommends the City Council adopt the Resolution.
FINANCIAL IMPACT:
Staff has determined the submission of the list of projects for SB1 funds to the CTC has a significant positive financial impact on implementing road rehabilitation projects for the fiscal year 2022-2023.
ATTACHMENTS:
1) A Resolution of the City Council of the City of Arvin Adopting a List of Projects for Fiscal Year 2022-2023 Funded by SB-1: The Road Repair and Accountability Act of 2017: and Authorizing Related Actions.
2) Attachment “A” List of Projects.
4.K.1
Attachment: Staff Report Draft 2022_2023 SB1_052422 (Reso Adopting a List of Projects for FY 2022-23 SB1)
Reso Adopting a List of Projects for FY 22-23 Funded by SB-1 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017; AND AUTHORIZING
RELATED ACTIONS
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $400,000. in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate multiple streets, roads, sidewalks, and crosswalks, and add active transportation infrastructure throughout the City this year and hundreds of similar projects in the future; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk/poor” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” or “better” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
4.K.2
Attachment: Resolution SB1 2022-2023_052422 (Reso Adopting a List of Projects for FY 2022-23 SB1)
Reso Adopting a List of Projects for FY 22-23 Funded by SB-1 NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby:
Section 1: The City Manager or his designee, is hereby authorized to submit all required documents to the California Transportation Commission to apply for SB1 Funds.
Section 2: The City Manager, or his designee, is hereby authorized and empowered to execute in the name of the City of Arvin all program documents including, but not limited to, applications, agreements, amendments and request for payments, necessary to secure SB1 funds and implement the approved project from the RMRA program, subject to approval as to legal form by the City Attorney.
Section 3: The foregoing recitals are true and correct.
Section 4: The Road Maintenance and Rehabilitation Act (RMRA) fund is created as a special revenue fund of the City for the accounting and reporting of all proceed receipts and uses accounting and reporting related to this program.
Section 5: The fiscal year 2022-23 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues are included as Attachment “A”. //////
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4.K.2
Attachment: Resolution SB1 2022-2023_052422 (Reso Adopting a List of Projects for FY 2022-23 SB1)
Reso Adopting a List of Projects for FY 22-23 Funded by SB-1 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24th day of May 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
Exhibit: A- List of SB1 Projects
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.K.2
Attachment: Resolution SB1 2022-2023_052422 (Reso Adopting a List of Projects for FY 2022-23 SB1) Agency Program
Funding
FY Submittal PPNo
Project Status
and FY
Proposed Project Type Title Description Location Components Est Start Est
Completion
Est
Useful
Life
Est Total
Project Cost
Assembly
Districts
Senate
Districts
Additional
Project
Elements Elements
Description of
Elements
Submit
Date Status
City of Arvin
Local Streets
and Roads
Program 22/23 LSR-C6-FY 22/23-5370-001 PP001 New 22/23
Road
Maintenance &
Rehabilitation
Purchase of Road
Paving
Equipment
The City of Arvin will use
2022-2023 SB1 Funds to
purchase road paving
equipment
Equipment to be employed
throughout the City of Arvin
roads
Purchase Road
Equipment 08/2022 08/2023 5 years $400,000 32 14 No
Complete
Streets
The City of Arvin will
purchase road paving
equipment in FY 2022-
2023
est.
5/31/2022 Reviewed
4.K.3
Attachment: Final List of Projects 2022_2023 SB1 Attachement A_052422 (Reso Adopting a List of Projects for FY 2022-23 SB1)
CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Edwin J. Brock, Chief of Police
Jeff Jones, City Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
RECOGNIZING THE COMPETETIVE BIDDING PROCESS OF THE CITY OF POMONA, CALIFORNIA; DISPENSING WITH THE PUBLIC BIDDING REQUIREMENT; AND AUTHORIZING THE CITY MANAGER TO
APPROVE THE PURCHASE OF OFFICE FURNITURE FROM AGUILA
OFFICE SOLUTIONS FOR THE ARVIN POLICE DEPARTMENT.
BACKGROUND:
The Arvin Police Department currently houses both sworn and professional staff. Constructed and furnished in the late 1980’s the police department has grown exponentially and continues to grow with personnel. The city council has allocated $200,000 from the American Rescue Funds to upgrade the interior of the police department building.
The police department recently went through the flooring portion of the upgrade and is now addressing the furniture and dispatch consoles. During the assessment of the work areas, staff realized that many of the desks and office furniture were not durable, did not meet current ergonomic standards, and are falling apart. Many of the areas of the police department do not have workstations to account for the growth over the last 30 years.
The police department has had several companies come in and provide design and lay outs of comparable working stations, furniture, and chairs. Many of the vendors gave equipment turnaround times of 8 to 12 months for ordering and delivery. The need for new office furniture and workstations is urgent. Aguila Office Solutions has provided a competitive quote along with a less than six-week turnaround time for order, delivery, and installation. No other vendor has been able to offer this turnaround time.
The designs and durability of the desks and workstations are superior in quality and adjustable to our needs. Staff is recommending Aguila Office Solutions because they have experience with police departments and governmental agencies such as Upland Unified School District, Pelican Products, Alta Hospitals and most recently the Pomona Police Department.
The furniture that is provided by Aguila Office Solutions meets BIFMA standards. The standards for the office furniture industry are managed by the Business and Institutional Furniture Manufacturer’s Association (BIFMA). Their job is to ensure that the office furniture is commercial grade and can be used for more than 8 hours a day.
Choosing BIFMA certified products has many advantages besides safety, for example:
4.L.1
Attachment: Staff Report Office Furniture for APD_052422 (Office Furniture for Arvin Police Department) Knowing that you have purchased a high-quality and carefully tested product will give you peace of mind. BIFMA certification ensures that the product is durable and can be used for many years.
These products promote a healthy working environment, thereby increasing productivity and reducing workplace injuries. The warranty period for most BIFMA certified products is 5 years or more.
This quote also includes the installation and removal of old furniture currently in the police department.
STAFF RECOMMENDATION:
Staff is recommending the City Council approve the Resolution recognizing the competitive bidding process of the City of Pomona, California; dispensing with the public bidding requirement; and authorizing the City Manager to approve the purchase of office furniture from Aguila Office Solutions for the Arvin Police Department.
FINANCIAL IMPACT:
The cost of the Aguila Office Solutions purchase is included within the approved City of Arvin 2021-2022 budget. Total cost of the upgrade will be $69,984.18.
ATTACHMENTS:
1. Quote from Aguila Office Solutions for the Arvin Police Department
4.L.1
Attachment: Staff Report Office Furniture for APD_052422 (Office Furniture for Arvin Police Department)
Reso Dispensing with public bidding and authorizing City Manager to purchase office furniture for Arvin Police Dept.
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
RECOGNIZING THE COMPETETIVE BIDDING PROCESS OF THE
CITY OF POMONA, CALIFORNIA; DISPENSING WITH THE PUBLIC
BIDDING REQUIREMENT; AND AUTHORIZING THE CITY
MANAGER TO APPROVE THE PURCHASE OF OFFICE FURNITURE
FROM AGUILA OFFICE SOLUTIONS FOR THE ARVIN POLICE
DEPARTMENT.
WHEREAS, the Arvin Police Department was constructed and furnished in the late 1980’s; and
WHEREAS, the police department has grown exponentially and continues to grow with personnel; and
WHEREAS, the office furniture currently in place needs replacement and the need for new office furniture, workstations, and chairs in the Arvin Police Department is urgent; and WHEREAS, the office furniture of the Police Department have reached the end of their life cycle, run the risk of failure, and could contribute to injuries and claims against the City, WHEREAS, the Arvin City Council has allocated $200,000 from the American Rescue Funds to upgrade the interior of the Arvin Police Department; and WHEREAS, section 3.08.070 (B) (5) of the Arvin Municipal Code (AMC) states that Bidding or open market procedure may be dispensed with only when:
Competitive bidding or proposal procedures, substantially similar to the competitive bidding or proposal procedures in this Code, have already been utilized either by a federal, state, county, city or special district government agency, or by a legitimate cooperative purchasing agency; and, that the supplies, equipment, materials or public works project provided to the city are at the same or better price, terms and conditions, as was obtained through such prior competitive bidding or proposal procedures ; and
WHEREAS, the City of Pomona, California conducted a competitive bidding process substantially similar to the competitive bidding process required by Arvin Municipal Code Section 3.08.070, which resulted in the purchase of office furniture at the same or better prices as offered to the City of Arvin.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:
1. The recitals are true and correct and incorporated by this reference; and
4.L.2
Attachment: Resolution Office Furniture for APD_052422 [Revision 1] (Office Furniture for Arvin Police Department)
Reso Dispensing with public bidding and authorizing City Manager to purchase office furniture for Arvin Police Dept.
2. The City Council finds bidding, or the open market procedure be dispensed with under section 3.08.070 (B) (5) of the Arvin Municipal Code; and
3. That the City Council finds that the City of Pomona, California conducted a competitive bidding process substantially similar to the competitive bidding process required by Arvin Municipal Code Section 3.08.070, which resulted in the purchase of office furniture at the same or better prices as offered to the City of Arvin; and
4. The City Council authorizes the City Manager to dispense with the public bidding requirement and approve the purchase of office furniture from Aguila Office Solutions for the Arvin Police Department for an amount not to exceed $69,984.18.
Said purchase order with Aguila Office Solutions shall be reviewed and approved as to legal form by the City Attorney, and the City Manager is authorized to approve said purchase order on behalf of the City of Arvin; and
5. This Resolution shall take effect immediately upon passage. //////
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4.L.2
Attachment: Resolution Office Furniture for APD_052422 [Revision 1] (Office Furniture for Arvin Police Department)
Reso Dispensing with public bidding and authorizing City Manager to purchase office furniture for Arvin Police Dept.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24th day of May 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.L.2
Attachment: Resolution Office Furniture for APD_052422 [Revision 1] (Office Furniture for Arvin Police Department) Aguila Office Solutions
1494 E. Francis St Unit B
Ontario, CA 91761 US
[email protected]
www.aguilaofficesolutions.com
Estimate
ADDRESS
Alex Ghazarian
Arvin Police Department
200 Campus Dr
Arvin, CA 93203
SHIP TO
Alex Ghazarian
Arvin Police Department
200 Campus Dr
Arvin, CA 93203
ESTIMATE # DATE
814- Arvin PD 05/09/2022
DATE SERVICE DESCRIPTION QTY RATE AMOUNT
Chief's Office
Quote 1- U-Shape Desk
1- Desk 30x72 with BBF Pedestal
1-24x48 Bridge
1- 24x72" Credenza With FF
Pedestal
1- 2 Door Lateral File wit Bookcase
1- 72"Wx 42" H Hutch
1- 36x72 conference Table
1 5,123.00 5,123.00T
4 Sargent's T
Quote Modular furniture
3- 36x24 corners
1-24x66 work surface
1- 24x8'2" work surface
1- 24x84 work surface
4- BBF Pedestal under desk
storage with lock
4- FF Pedestal under desk storage
with lock
4- Overheads upper storage with
lock
1- 24x54 work surface
1 5,976.00 5,976.00T
Investigation
Quote 2- L-Shape Desk
2- 30x72 with BBF pedestal
2- 24x42 Returns with FF pedestal
2- 72x42 Storage Hutch
2 2,680.00 5,360.00T
Alex Office
Quote U- Shape Desk
1- 30x72 Desk with BBF Pedestal
1- 24x48 Bridge
1- 24x72 Credenza with FF
1 7,065.50 7,065.50T
4.L.3
Attachment: Estimate from Aguila Office Solutions for APD Office Furniture_052422 (Office Furniture for Arvin Police Department)
DATE SERVICE DESCRIPTION QTY RATE AMOUNT
pedestal
1- Hutch
1- Double storage credenza with 2
Hutch bookcases
1- 4 shelve bookcase
1- wardrobe
Sargent Detective
Quote L-Shape Desk
1- 30x72 Desk with BBF Pedestal
1- 24x42 Return with FF pedestal
1- Hutch
1- 2 Door lateral file with bookcase
1- 4 shelve bookcase
1 4,116.50 4,116.50T
Marisela's Office
Quote L-Shape Desk
1- Desk 24x72 with BBF Pedestal
1- 24x42 Return With FF pedestal
1- 2 Door lateral file with bookcase
1- 36" 5 shelves Bookcase
1 3,447.00 3,447.00T
Control Office
Quote desk
30x60 Desk with BBF Pedestal
7 845.50 5,918.50T
Records
Quote 1- L-Shape Desk
1- 30x72 with BBF pedestal
1- 24x42 Returns with FF pedestal
1- 72x42 Storage Hutch
1 2,680.00 2,680.00T
Conference Rooms
Quote 8- Flip tops with casters
16- Nesting chairs with casters
1 13,948.43 13,948.43T
Chairs
Quote Officers Chairs
Arm Less chairs
12 319.05 3,828.60T
Quote Maricela's Chair1 375.00 375.00T
Chief, Alex and Detective Sargent's
Office
Quote executive Chairs3 516.19 1,548.57T
Chief's Office Conference Table
chairs
Quote Executive conference chairs4 412.85 1,651.40T
labor AOS To Supply labor to deliver and
Install
1 3,910.00 3,910.00
SUBTOTAL 64,948.50
TAX 5,035.68
TOTAL $69,984.18
4.L.3
Attachment: Estimate from Aguila Office Solutions for APD Office Furniture_052422 (Office Furniture for Arvin Police Department) Accepted By Accepted Date
4.L.3
Attachment: Estimate from Aguila Office Solutions for APD Office Furniture_052422 (Office Furniture for Arvin Police Department)
CITY OF ARVIN
Agenda Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Diana Orozco, QK, Interim City Engineer
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2022-23 for Landscaping and Lighting Maintenance District No. 1.
BACKGROUND
The City of Arvin maintains various landscape, lighting and drainage improvements within the boundaries of Landscape and Lighting Maintenance District No. 1. A report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public. The Engineer’s Report was completed and approved by the City Council on March 22
nd
, 2022, and a public hearing was set for May 24
th, 2022. The Engineer’s Report
listed the proposed parcels to be assessed, the estimated cost of maintenance and operation of the District and maps showing the parcels in the District. The areas previously included in Landscape Maintenance District No. 1 are tracts 5460 (phases 1-4), 5791, 5813, 5816 (phases 1- 9 and 12), 5839, 5854, 5865, 5894 (phases 1-3), 6029, 6052 (phase 1-2), 6174, 6292, 6372, Arvin Family Apartments, La Amistad Apartments, and the Hood Street Family Apartments, Taco Bell and associated parcels and Arvin Palace. See the attached Exhibit “A”.
A notification of the publication was published in the Bakersfield Californian on April 8 th, 2022;
46 days prior to the public hearing in accordance with the Landscaping and Lighting Act of 1972 which requires a minimum of 45 days advanced notice for such a hearing. After the public hearing, should the City Council adopt the Resolution, the Engineer’s Report will be signed by the City Clerk, and the City Clerk will transmit the document and a certified copy of the signed resolution to the Kern County Auditor-Controller, Office of Special Assessments no later than August 1st, 2022.
RECOMMENDATION
Staff recommends that the City Council open the public hearing, receive testimony from the public, close the public hearing and then consider and adopt the resolution confirming the annual levy of assessments and annexations for fiscal year 2022-23 for the Landscaping and Lighting Maintenance District No. 1.
5.A.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 1_052422 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 22-23)
FISCAL IMPACTS
The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go to their respective funds to pay for the maintenance and operation of the landscaping, walls, drainage, and administration of the District.
ATTACHMENTS
Resolution
Exhibit A
Proof of Publication
5.A.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 1_052422 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 22-23) Reso Confirming & Ordering the Annual Levy of Assessments for FY 2022-2023 for LLMD No. 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
CONFIRMING AND ORDERING THE ANNUAL LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2022-23 FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1.
WHEREAS, on March 8
th, 2022, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Arvin did declare its intention to review, levy and collect the annual assessment for Landscaping and Lighting Maintenance District No. 1 of the City of Arvin (“District”) for fiscal year 2022-23; and WHEREAS, assessments levied within the District provide revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streets and sidewalks, landscaping, irrigation systems, and other appurtenant facilities; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said District; and WHEREAS, on March 8
th
, 2022, pursuant to the provisions of the Act, the City Council initiated proceedings by resolution for the levy and collection of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2022-23 and directed the City Engineer, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such report (the “Engineer’s Report”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and
WHEREAS, on March 24
th, 2022, the City Council adopted a resolution approving the Engineer’s Report which calculated the annual assessments for the parcels in said District, as filed pursuant to Section 22623 of the Act, and
WHEREAS, on March 24
th, 2022, the City Council adopted a resolution which set the time and place for a Public Hearing, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for May 24
th
, 2022, was duly published on April 8
th
, 2022 in the Bakersfield, Californian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
5.A.2
Attachment: Reso Confirming and Ordering Levy for LLMD No. 1_052422 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 22-23) Reso Confirming & Ordering the Annual Levy of Assessments for FY 2022-2023 for LLMD No. 1
Section 2. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.
Section 3. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment district designated “Landscaping and Lighting Maintenance District No. 1 of the City of Arvin” (the “District”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay for the costs and expenses of the improvements described in the Report.
Section 4. The City Council hereby determines that the territory within the District, whose boundaries are set forth in the Engineer’s Report, on file with the City Clerk of the City of Arvin, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer’s Report with annexations.
Section 5. That the Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved, and that the assessment of the total amount of the costs and the individual assessments thereof upon the several subdivisions of lane expenses, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby is finally approved and confirmed as the assessment to pay the costs. The assessment for fiscal year 2022- 23 is proposed to increase from the previous year by an amount equal to the Consumer Price Index (CPI) of 4.0%, which was the CPI in 2021 as described in Exhibit D of the Engineer’s Report.
Section 6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Report.
Section 7. The assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the District, as contained in said Engineer’s Report, including the land annexed therein, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.
Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Kern County Auditor-Controller no later than August 1 st
, 2022.
Section 9. Based upon a review by the City Manager, City Engineer and City Attorney for the City of Arvin, it has been determined that the District’s annual CPI assessment of 4.0% as is described in this Resolution is exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218).
//////
//////
//////
5.A.2
Attachment: Reso Confirming and Ordering Levy for LLMD No. 1_052422 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 22-23) Reso Confirming & Ordering the Annual Levy of Assessments for FY 2022-2023 for LLMD No. 1
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24 th day of June 2022 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group, LLP
Exhibit A: General Location of Proposed Properties to be Annexed I, ________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.A.2
Attachment: Reso Confirming and Ordering Levy for LLMD No. 1_052422 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 22-23)
5.A.3
Attachment: Exhibit A_LLMD NO. 1 Existing Boundaries_052422 (Confirming & Ordering Annual Levy for LLMD No. 1 FY 22-23)
5.A.4
Attachment: Proof of Publication_Confirming and Ordering Levy _LLMD No. 1 and No. 2 (Confirming & Ordering Annual Levy for LLMD No. 1
CITY OF ARVIN
Agenda Report
Meeting Date: May 24
th, 2022
TO: Arvin City Council
FROM: Diana Orozco, QK, Interim City Engineer
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2022-23 for Landscaping and Lighting Maintenance District No. 2.
BACKGROUND
The City of Arvin maintains various landscape, lighting and drainage improvements within the boundaries of Landscape and Lighting Maintenance District No. 2. A report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public. The Engineer’s Report was completed and approved by the City Council on March 22
nd, 2022, and a public hearing was set for May 24th
, 2022. The Engineer’s Report
listed the proposed parcels to be assessed, the estimated cost of maintenance and operation of the District and maps showing the parcels in the District. The areas included in Landscape Maintenance District No. 2 are Tracts 6407, 6408, 6409, 6667, 6756, 5816 phase 10A and 10B, 7321 as well as Garden in the Sun Park and a portion of Walnut Street. The annexation of Tract 6677, Phases 1 and 2 are listed in the report to be added to Landscape Maintenance District No.
2. See the attached Exhibit “A”.
A notification of the publication was published in the Bakersfield Californian on April 8 th, 2022;
46 days prior to the public hearing in accordance with the Landscaping and Lighting Act of 1972 which requires a minimum of 45 days advanced notice for such a hearing. After the public hearing, should the City Council adopt the Resolution, the Engineer’s Report will be signed by the City Clerk, and the City Clerk will transmit the document and a certified copy of the signed resolution to the Kern County Auditor-Controller, Office of Special Assessments no later than August 1st, 2022.
RECOMMENDATION
Staff recommends that the City Council open the public hearing, receive testimony from the public, close the public hearing and then consider and adopt the resolution confirming the annual levy of assessments and annexations for fiscal year 2022-23 for the Landscaping and Lighting Maintenance District No. 2.
5.B.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 2_052422 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 22-23)
FISCAL IMPACTS
The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go to their respective funds to pay for the maintenance and operation of the landscaping, walls, drainage, and administration of the District.
ATTACHMENTS
Resolution
Exhibit A
Proof of Publication
5.B.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 2_052422 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 22-23) Reso Confirming & Ordering the Annual Levy of Assessments for FY 2022-2023 for LLMD No. 2.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
CONFIRMING AND ORDERING THE ANNUAL LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2022-23 FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2.
WHEREAS, on March 8
th, 2022, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Arvin did declare its intention to review, levy and collect the annual assessment for Landscaping and Lighting Maintenance District No. 2 of the City of Arvin (“District”) for fiscal year 2022-23; and WHEREAS, assessments levied within the District provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streets and sidewalks, landscaping, irrigation systems, and other appurtenant facilities; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said District; and WHEREAS, on March 8
th, 2022, pursuant to the provisions of the Act, the City Council initiated proceedings by resolution for the levy and collection of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2022-23 and directed the City Engineer, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such report (the “Engineer’s Report”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and
WHEREAS, on March 22
nd
, 2022, the City Council adopted a resolution approving the Engineer’s Report which calculated the annual assessments for the parcels in said District, as filed pursuant to Section 22623 of the Act, and
WHEREAS, on March 22
nd
, 2022, the City Council adopted a resolution which set the time and place for a Public Hearing, and
WHEREAS, the public notice of the Resolution of Intention and the Public Hearing scheduled for May 24
th
, 2022, was duly published on April 8
th
, 2022 in the Bakersfield, Californian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
5.B.2
Attachment: Reso Confirming and Ordering Levy for LLMD No. 2_052422 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 22-23) Reso Confirming & Ordering the Annual Levy of Assessments for FY 2022-2023 for LLMD No. 2.
Section 2. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.
Section 3. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment district designated “Landscaping and Lighting Maintenance District No. 2 of the City of Arvin” (the “District”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2022 and ending June 30, 2023, to pay for the costs and expenses of the improvements described in the Report.
Section 4. The City Council hereby determines that the territory within the District, whose boundaries are set forth in the Engineer’s Report, on file with the City Clerk of the City of Arvin, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer’s Report with annexations.
Section 5. That the Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved, and that the assessment of the total amount of the costs and the individual assessments thereof upon the several subdivisions of lane expenses, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby is finally approved and confirmed as the assessment to pay the costs. The assessment for fiscal year 2022- 23 is proposed to increase from the previous year by an amount equal to the Consumer Price Index (CPI) of 4.0%, which was the CPI in 2021 as described in Exhibit D of the Engineer’s Report.
Section 6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Report.
Section 7. The assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the District, as contained in said Engineer’s Report, including the land annexed therein, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.
Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Kern County Auditor-Controller no later than August 1 st
, 2022.
Section 9. Based upon a review by the City Manager, City Engineer and City Attorney for the City of Arvin, it has been determined that the District’s annual CPI assessment of 4.0% as is described in this Resolution is exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218).
/////
/////
/////
5.B.2
Attachment: Reso Confirming and Ordering Levy for LLMD No. 2_052422 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 22-23) Reso Confirming & Ordering the Annual Levy of Assessments for FY 2022-2023 for LLMD No. 2.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24 th day of May 2022 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group, LLP
I, ________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.B.2
Attachment: Reso Confirming and Ordering Levy for LLMD No. 2_052422 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 22-23)
5.B.3
Attachment: Exhibit A_LLMD No. 2 Location Map_052422 (Confirming & Ordering Annual Levy for LLMD No. 2 FY 22-23)
5.B.4
Attachment: Proof of Publication_Confirming and Ordering Levy _LLMD No. 1 and No. 2 (Confirming & Ordering Annual Levy for LLMD No. 2
CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Cristine Viterelli, Grant Writer
Jeff Jones, City Manager
SUBJECT: 1) A Public Hearing for Discussion of Possible State CDBG Application 2) A Resolution of the City Council of the City of Arvin Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the 2021-2022 Funding Year of the State CDBG Program, and Authorizing Relation Actions; and
3) A Resolution Approving the Adoption of the CDBG Single-Family Housing Rehabilitation Program Guidelines
BACKGROUND:
CDBG Program regulations require that the City conduct a public hearing on all CDBG-related matters to provide for and encourage citizen participation, particularly by low- and moderateincome persons who reside in areas in which CDBG funds are used. Therefore, when the public hearing is opened, the public will be invited to comment on the City’s proposed resubmittal of a 2022 CDBG Grant application, CDBG Program Income, and to make their comments known on the proposed activities.
A public notice was published in the May 13, 2022, issue of the Bakersfield Californian notifying the public of this public hearing.
HCD released a NOFA announcing the availability of CDBG Program funds in April 2022. The City is preparing to apply and submit an application for a Housing Rehabilitation Program and a Public Service (Arvin Homeless Navigation Center).
Eligible activities available in the 2022 NOFA must benefit low-and moderate-income Californians and include: Housing Assistance Programs (Single-Family Homeownership Assistance, and Single-Family Housing Rehabilitation); Public Service programs, Planning Studies, Economic Development Business Assistance and Microenterprise activities. The city may apply for a maximum of $1,500,000 for a maximum of three activities.
STAFF RECOMMENDATION:
1) Open the public hearing to accept comments on the City’s proposed submittal of an application to apply for the 2022 State Community Development Block Grant (CDBG)
5.C.1
Attachment: Staff Report CDBG Application Submittal_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an Notice of Funding Availability (NOFA), and the Housing Rehabilitation Guidelines to solicit citizen input.
2) At the close of the public hearing, adopt resolution 2022-XX approving the submittal of the application and;
3) Adopt resolution 2022-XX approving the adoption of the CDBG single-family housing rehabilitation program guidelines;
4) Adopt the City of Arvin Community Development Block Grant Housing Rehabilitation Guidelines.
FINANCIAL IMPACT:
The cost for the preparation of the CDBG applications by Self-Help Enterprises is $3,000.
ATTACHMENTS:
1) Public Hearing Notice
2) A Resolution of the City Council of the City Of Arvin Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the 2021-2022 Funding Year of the State CDBG Program
3) A Resolution Approving the Adoption of the CDBG Single-Family Housing Rehabilitation Program Guidelines
4) City of Arvin Community Development Block Grant Guidelines
5.C.1
Attachment: Staff Report CDBG Application Submittal_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an City of Arvin
Community Development Block Grant
Public Hearing and Community Input
Christine Viterelli, Grant Writer
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Eligible Activities
& Funding Limits
Eligible Activities
& Funding
CDBG 2022 NOFA allows for a maximum of 3 applications with a total request of $1,500,000. It is estimated that the funding of the State 2022 CDBG program allocation is approximately $30,000,000.
Activities and Limits:
1) Housing Assistance to single family units:
• Single Family (1-4 units) Homebuyer Assistance – up to $500,000 • Single Family (1-4 units) Housing Rehabilitation – up to $500,000 2) Non-housing CD Activities:
• Public Services – up to $500,000
• Planning & Technical Assistance (including Housing Planning, public services planning, and non-housing planning) – up to $250,000 3) Economic Development Activities:
• Business Assistance and Microenterprise Assistance – up to $750,000 • Infrastructure in Support of Business – up to $1.5 million • Economic Development Planning and technical Assistance – up to $250,000
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of CDBG Time Line
ü April 19, 2022 – NOFA Released
ü May 13, 2022 – Newspaper Publication of Hearing
ü May 24, 2022 – Public Hearing
ü May 24, 2022 – Adopt Resolution approving Application submittal
ü June 21, 2022 at 3:00 p.m. – CDBG Housing, Public
services and General PT/AApplications Due to the State
ü July 18, 2022 at 3:00 p.m. – Economic Development
Applications Due to State
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of § Staff Recommendation for Programs
that meet community needs and are
competitive
§ Comments and input received by
community
§ Council provides direction on desired
applications to be submitted under
current NOFA and adopts resolution
Decision Making Process
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Community
Desires & Needs
Decision Making Process
Makes for a
Competitive
Application
TimeframeShovel Ready Project
Sweet
Spot
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Proposed Projects & Programs
Two Application Components:
§ Single-Family Owner-Occupied
Housing Repair Program
§ Public Service – Arvin’s Homeless
Navigation Center Support
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Proposed Projects & Programs
v Housing Repair Program $500,000
v Provides grants up to $85,000 to income eligible homeowners for minor and major housing rehabilitation under a zero interest deferred 3-year grant. v Homeowners that maintain residency for 3-years post completion of rehabilitation work grants will be forgiven.
v Sale, transfer or conversion of the property to a rental within the 3-year period will result in the repayment of awarded grant funds. v Homeowners without adequate equity to support the additional encumbrance on the property may receive a direct equity maintenance grant for emergency health, safety and/or code violation repairs for up to $25,000 as a direct grant.
v Grant Funds will be allocated to Self-Help Enterprises as the City’s Subrecipient as follows:
v Grant General Administration $ 32,710
v Grant funds for home repairs & activity delivery $467,290 v Total Funding $500,000
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Proposed Projects & Programs
v Arvin’s Homeless Navigation Center $500,000
v Services provided via Subrecipient Agreement with Flood Ministries v Grant Funds will be allocated as follows:
v Administrative oversite by Self-Help Enterprise $ 17,290 v Flood Ministries 2-year staffing $384,317
v Flood Ministries 2-year program costs $ 33,900
v Flood Ministries 2-year facility costs $ 27,020
v Flood Ministries 2-year indirect costs $ 22,053
v Administrative oversite by City $ 15,420
v Total Funding $500,000
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Other Application Highlights
§ Application Deadline is: June 21, 2022 at 3 p.m.
§ CDBG Program is a grant funding source for
fiscal year 2022, funding will be available in
2023.
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Questions?
5.C.3
Attachment: PowerPoint Presentation_CDBG Public Hearing 052422 (A Public Hearing for Discussion of Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A
GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE
2021-2022 FUNDING YEAR OF THE STATE CDBG PROGRAM
BE IT RESOLVED by the City Council of the City of Arvin as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $1,000,000 for the following CDBG activities, pursuant to the April 2022 CDBG NOFA:
Housing Rehabilitation $ 500,000
Public Service $ 500,000
$1,000,000
SECTION 2:
The City hereby approves the use of Program Income in an amount not to exceed $100,000 for the CDBG activities described in Section 1.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City hereby authorizes and directs the City Manager, or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Manager, or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Manager, or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Arvin held on May 24, 2022 by the following vote:
5.C.4
Attachment: Resolution for CDBG Public Hearing Draft 05.18.22 [Revision 1] (A Public Hearing for Discussion of CDBG Application and Reso Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
Instruction: Fill in all four vote-count fields below. If none, indicate “0” for that field.
AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
__________________________________
Name and Title
City Council
STATE OF CALIFORNIA
City of Avenal
I, , City Clerk of the City of Arvin, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 24 day of May, 2022.
By: _____________________________________
Name and Title
Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.
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Attachment: Resolution for CDBG Public Hearing Draft 05.18.22 [Revision 1] (A Public Hearing for Discussion of CDBG Application and Reso 1 City of Arvin
Community Development Block Grant
HOUSING REHABILITATION PROGRAM GUIDELINES
Approved by City Council on May 24, 2022
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an Table of Contents
FAIR HOUSING .............................................................................................................. 1 OUTREACH/APPLICANT LIST....................................................................................... 1 Outreach...................................................................................................................... 1 Applicant List ............................................................................................................... 1 TEMPORARY RELOCATION ......................................................................................... 2 CONFLICT OF INTEREST.............................................................................................. 2 APPLICANT ELIGIBILITY ............................................................................................... 3 •Owner-Occupied Applicant ........................................................................................ 3 INCOME ELIGIBILITY..................................................................................................... 3 Owner Occupant.......................................................................................................... 3 PROPERTY ELIGIBILITY ............................................................................................... 3 Location....................................................................................................................... 3 Property Taxes ............................................................................................................ 3 Evidence of Ownership................................................................................................ 3 Property Types ............................................................................................................ 4 Environmental Review................................................................................................. 4 REHABILITATION STANDARDS.................................................................................... 4 PROPERTY IMPROVEMENTS ...................................................................................... 9 LEAD-BASED PAINT...................................................................................................... 7 MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION....................... 7 RECONSTRUCTION ...................................................................................................... 7 RESIDENCY REQUIREMENTS ..................................................................................... 8 Owner Occupant.......................................................................................................... 8 FINANCING .................................................................................................................... 9 Maximum Loan Amount............................................................................................... 9 Maximum Loan-to-Value Ratio .................................................................................. 12 Grant Security............................................................................................................ 13 Financing Terms........................................................................................................ 13 Owner-Occupied Property............................................................................................. 13 FUNDING REQUIREMENTS........................................................................................ 14 Funding Documentation............................................................................................. 14
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an Grant Approval .......................................................................................................... 14 Grant Settlement........................................................................................................ 14 Loan/Grant Servicing................................................................................................. 15 DEFAULT AND FORECLOSURE ................................................................................. 15 INSURANCE................................................................................................................. 15 Standard Property Insurance..................................................................................... 15 Fire Insurance............................................................................................................ 16 Flood Insurance......................................................................................................... 16 CONTRACTING PROCEDURES.................................................................................. 16 DISPUTE RESOLUTION/APPEALS PROCEDURE ..................................................... 17 SWEAT EQUITY........................................................................................................... 19 AMENDMENTS............................................................................................................. 19 EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES .................. 19 CURRENT HUD/INCOME LIMITS ................................................................................ 20 ATTACHMENT A .......................................................................................................... 21
HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY
RELOCATION PLAN................................................................................................. 21 Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities .................................................................... 22 Lead Based Paint Mitigation Which Causes Temporary Relocation ............................. 23 Temporary Relocation of Owner Occupants ................................................................. 24 Temporary Relocation of Residential Tenants .............................................................. 25 Rehabilitation Activities Requiring Permanent Displacement ........................................ 26 Rehabilitation Which Triggers Replacement Housing ................................................... 27 Record Keeping and Relocation Disclosures/Notifications............................................ 28 General Information Notice........................................................................................ 29 Notice of Non-Displacement ...................................................................................... 29 Disclosure to Occupants of Temporary Relocation Benefits...................................... 30 Other Relocation/Displacement Notices .................................................................... 30 ATTACHMENT B .......................................................................................................... 31 ANNUAL HOUSEHOLD INCOME DEFINITION........................................................ 31 ATTACHMENT C .......................................................................................................... 33 LOAN SERVICING POLICES AND PROCEDURES................................................. 33 Loan Repayments and Discounting of Notes ................................................................ 33 Payment of Property Taxes and Insurance ................................................................... 34
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an Required Request for Notice of Default......................................................................... 35 Annual Occupancy Restrictions and Certifications........................................................ 36 Required Noticing and Restrictions on Any Changes of Title or Occupancy ................. 36 Owner-Occupant to Owner-Occupant........................................................................ 37 Requests for Subordinations ......................................................................................... 37 Process for Loan Foreclosure ....................................................................................... 38 Lender as Senior Lien holder ........................................................................................ 39 ATTACHMENT D .......................................................................................................... 40 ANNUAL HOUSEHOLD INCOME LIMITS................................................................. 40
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 1 CITY OF ARVIN
COMMUNITY DEVELOPMENT BLOCK GRANT
HOUSING REHABILITATION PROGRAM GUIDELINES
The City of Arvin Housing Rehabilitation Program, (here after called “Lender”), funded by State Community Development Block Grant (CDBG) Program, is designed to expand the supply of decent, safe, sanitary and affordable housing; to correct health and safety hazards in deteriorated housing; and to extend the useful life of existing housing units.
Loans and grants are available to achieve cost-effective repairs for low-income owner-occupied homes or for units occupied by low-income tenants of owner-investors jurisdiction wide.
FAIR HOUSING
This program will be implemented in ways consistent with the Lender’s commitment to Fair Housing. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development Block Grant (CDBG) funds on the basis of their religion or religious affiliation, age, race, color, creed, ancestry, national origin, gender, marital or familial status (children), physical or mental disability, medical condition, sexual orientation, or other arbitrary cause.
OUTREACH/APPLICANT LIST
Outreach
When loan funds are available, the Lender shall conduct a periodic program to advertise and promote the Housing Rehabilitation Program so that all those in need of rehabilitation assistance are aware of the Lender’s program. Efforts will be made to contact special needs households such as: elderly, single parent households, women, disabled, and minorities.
Applicant List
• Applications shall be received and processed as quickly as possible.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 2 • Applicants shall be placed on the Applicant list at the time they apply for the program.
• Applicants shall provide information needed for the income and property verification process and what improvements are needed in a timely manner. If information is not forthcoming in a reasonable time, the Applicant shall be informed that their position on the Applicant list may be affected. • Unless there are emergency conditions that warrant more immediate action, projects will be funded based on the order of which the applications are received and deemed eligible.
TEMPORARY RELOCATION
Unit occupants will be informed of their eligibility for temporary relocation benefits if occupancy during rehabilitation constitutes a danger to health and safety of tenant or public danger or is otherwise undesirable because of the nature of the project.
Relocated tenants will receive compensation for increased housing costs, payment for moving and related expenses and appropriate advisory services, as detailed in the “Housing Rehabilitation Program Single Family Temporary Relocation Plan” attached at the end of these Guidelines. Owner occupants are not eligible for temporary relocation benefits unless health and safety threats are determined to exist by the project coordinator/construction supervisor.
CONFLICT OF INTEREST
No member of the governing body of the locality and no other official, employee, or agent of the City government who exercises policy, decision-making functions, or responsibilities in connection with the planning and implementation of the program shall directly or indirectly be eligible for this program, unless the application for assistance has been reviewed and approved according to applicable California Department of Housing and Community Development (HCD) guidelines. This ineligibility shall continue for one year after an individual's relationship with the City ends.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 3 A contractor with a vested interest in the property cannot bid on a rehabilitation job.
Such a contractor may act as owner/builder, subject to standard construction procedures. (Owner/builders are reimbursed for materials purchased which are verified by invoice/receipt and used on the job. Reimbursement occurs after the installation is verified by Housing staff to be part of the scope of work. Owner/builders are not reimbursed for labor.) The City reserves the right to determine if the owner is capable of owner/builder rehabilitation work.
APPLICANT ELIGIBILITY
• Owner-Occupied Applicant
• Must be existing homeowner and occupy the residence. Proof of occupancy will be required.
INCOME ELIGIBILITY
Income eligibility is based on the occupant’s gross annual income and must be less than 80 percent of the area’s median income. These limits can be located on the HCD website.
Owner Occupant
To be eligible, household income must be equal to, or less than, the applicable HCD income guidelines. Owner will be required to provide income documentation as detailed in the “Annual Household Income Definition/Income Limits” attached at the end of these Guidelines.
PROPERTY ELIGIBILITY
Location
Units to be rehabilitated must be located within current City jurisdiction or, for open grants, within specific target areas as listed in the grant application.
Property Taxes
Property Taxes must be paid and current to be eligible for a rehabilitation loan.
Evidence of Ownership
“Ownership” means any of the following interests in residential real property:
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 4 • Fee simple interest
• 99-year leasehold interest in the property
• Ownership or membership in a condominium, cooperative or mutual housing project.
Property Types
To be eligible, the housing must be the primary residence of income-eligible occupants.
Eligible property types of residence can include:
• 1-4 housing units where at least one unit is occupied by income-eligible homeowner or tenants
• Traditional single-family housing, condominiums, manufactured or mobile homes.
• Structures may be either attached or detached.
If CDBG funds are used to assist units in a two-to-four-unit property, where some of the units are occupied by ineligible tenants, then CDBG funds can only be used on the LMI occupied units.
Environmental Review
The environmental review process is required for all HUD-assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users. Not every project is subject to a full environmental review (i.e., every project's environmental impact must be examined, but the extent of this examination varies).Every project must be in compliance with the National Environmental Policy Act (NEPA), and other related Federal and state environmental laws. The environmental review must be completed prior to any loan approval.
REHABILITATION STANDARDS
All repair work will meet Uniform Building Code standards. The priority will be the elimination of health and safety hazards. Additionally, all repair work will comply with any special design or construction standards established by the City to preserve historic
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 5 buildings. Rehabilitation work should incorporate energy efficient/green building materials.
A. Contracting Process
1. Contracting will be done on a competitive basis.
2. The homeowner will be the responsible agent, but the City and/or its Program Operator will prepare the work write-up, prepare and advertise the bid package, and assist the owner in negotiating the construction contract.
3. The City does not warrant any construction work, or provide insurance coverage.
B. Approved Contractors
1. Contractors are required to be licensed with the State of California and be active and in good standing with the Contractors’ License Board.
2. Contractors will be checked against HUD’s list of federally debarred contractors. No award will be granted to a contractor on this list.
3. Contractors must have public liability and property damage insurance, and worker’s compensation, unemployment, and disability insurance, to the extent required by State law.
4. Contractor must agree to comply with all federal and state regulations.
C. Occupants of units constructed prior to 1978 will receive proper notification of LeadBased Paint (LBP) hazards as identified in Title 24 Code of Federal Regulations (24 CFR) §570.608
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 6 E. Units constructed prior to 1978 will also be inspected according to the following HUD regulations outlined in Chapter 20, Lead-Based Paint Requirements for guidance in the CDBG Grant Management Manual.
1. If the total amount of Federal assistance or the total amount of rehabilitation hard cost is up to and including $5,000, the following is required:
(a) Paint testing or presume LBP;
(b) Clearance of disturbed work areas; and
(c) Notifications listed in Title 24 Code of Federal Regulations (24 CFR) §570.608
2. If the amount of Federal assistance or the total amount of rehabilitation hard cost is more than $5,000 up to and including $25,000, the following is required:
(a) Paint testing or presume LBP;
(b) Risk assessment; and
(c) Clearance of unit.
If LBP hazards are identified, interim controls will be implemented. This level will also require a notice of “Abatement of Lead Hazards Notification” at least five days prior to starting work.
3. If the amount of Federal assistance or the total amount of rehabilitation hard cost is more that $25,000, the following is required:
(a) Items (a), (b), and (c) of 2. above;
(b) Abatement of all LBP hazards identified or produced; (c) Use of interim controls on exterior surfaces not disrupted by rehab; and all notices listed in Title 24 Code of Federal Regulations (24 CFR) §570.608
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 7 4. All paint tests that result in a negative finding of lead-based paint are exempt from any and all additional requirements. If defective paint surfaces are found, they will be properly treated or abated. A Statecertified Inspector/Assessor will perform all paint testing, risk assessments, and clearances. A trained supervisor may oversee interim controls; however, a certified supervisor and workers will perform all abatement.
In the case of 2-4 unit property in which the owner occupant is income eligible, but a tenant is not, the rehabilitation shall be limited to those that benefit the overall structure (roof, exterior changes) and the interior changes for the income eligible household only.
The priority will be the elimination of health and safety hazards and code compliance.
LEAD-BASED PAINT
Program participants rehabilitating homes constructed prior to January 1, 1978 must be provided with the proper disclosure notification concerning lead-based paint (LBP) hazards. Whenever pre-1978 houses are rehabilitated under CDBG, please refer to Title 24 Code of Federal Regulations (24 CFR) §570.608 , Lead-based paint for guidance. The costs associated with meeting these requirements may be eligible to be paid for with CDBG funds, if available.
MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION
CDBG funds may be used for the rehabilitation of an owner-occupied mobile home if it is considered part of the community’s permanent housing stock. “Rehabilitation” means, in addition to the definition in Section 50096 of the Health and Safety Code, repairs and improvements to a manufactured home necessary to correct any condition causing the home to be substandard pursuant to Section 1704 of Title 25, California Code of Regulations.
RECONSTRUCTION
CDBG funds may be used to demolish and reconstruct residential structures.
Reconstruction is defined as the demolition and construction of a structure. The City
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 8 must document that the reconstruction costs are less than newly constructed housing and that the estimated cost of the reconstructed housing (including demolition, site preparation and temporary relocation) is less than the fair market value of the reconstructed housing and land combined.
RESIDENCY REQUIREMENTS
Owner Occupant
Owner occupants will be required to submit to the Lender between January 1 and 15 of each year for the term of the loan:
1. Proof of occupancy in the form of a copy of a current utility bill.
2. Statement of unit's continued use as a residence.
3. Declaration that other title holders do not reside on the premises, if applicable.
4. Proof that property insurance and taxes are paid current.
If an owner occupant sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable, unless one of the following applies:
1. If the owner occupant sells or otherwise transfers title of the property to a qualified income household, the Lender may consider refinancing the loan balance and subordinating the loan and continuing all or part of the lien as a Deferred Payment Loan.
2. If the owner occupant dies, and if the heir to the property lives in the house and is income eligible, the heir may be permitted, upon approval of the Lender to refinance the loan at the rate and terms the heir qualifies for under current participation guidelines.
3. If the owner occupant dies and the heir is not income eligible, the loan is due and payable.
4. If the owner occupant dies and the heir is not income eligible, but they elect to rent the unit to income qualified households and agrees to comply with owner
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 9 investor restrictions, the heir may be permitted, upon approval of the Lender, to refinance the loan at the same rate and terms offered owner investors under current program guidelines. If the heir/owner investor does not elect to comply with owner investor restrictions, the loan is due and payable.
5. If an owner occupant wants to convert the rehabilitated property to a rental unit, the owner must notify the Lender in writing in advance. If the Lender approves the conversion of an owner-occupied unit to a rental, the owner will be required to comply with the provisions of the owner-investor guidelines, including rent limitation provisions and financing arrangements.
6. If an owner occupant wants to convert full use of the rehabilitated property to any commercial or nonresidential use, the loan is due and payable. Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
FINANCING
Maximum Grant Amount
Grants will be provided to homeowners that meet location and income eligibility requirements up to $85,000 to provide minor and major housing rehabilitation which may include but is not limited to items listed under PROPERTY IMPROVEMENTS below.
Homeowners that do not have adequate equity to support the additional encumbrance on the property may receive a direct equity maintenance grant for emergency health, safety and/or code violation may be eligible for up to $25,000 as a direct grant.
PROPERTY IMPROVEMENTS
The goal of the Lender’s rehabilitation program is to remove deficiencies, improve energy efficiency, remediate lead-based paint, extend the useful life of the property and/or provide accessibility to comply with the American’s with Disabilities Act (ADA), and/or comply with any special design or construction standards established by the Lender to preserve historic buildings. All improvements must be physically attached to the property and permanent in nature. General property improvements should be limited
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 10 to 15 percent of the rehabilitation loan amount. Luxury items are not permitted. If building materials that are normally considered “luxury items” are necessary due to a medical condition of a household member or for reasons of accessibility, the Lender may approve the use of such materials.
A. Rehabilitation will address the following issues in the order listed. Eligible costs are included for each item.
1. Health and Safety Issues
Eligible costs include, but are not limited to, energy-related improvements, lead-based paint hazard evaluation and reduction activities, improvements for handicapped accessibility, and repair or replacement of major housing systems.
Per the federal HOME Regulations at 24 CFR Part 92.251(b), Major Systems are:
•structural support
•roofing
•cladding and weatherproofing (e.g., windows, doors, siding, gutters) •plumbing
•electrical
•heating, ventilation, and air conditioning.
Upon project completion, each of the major systems must have a remaining useful life for a minimum of five (5) years, so these systems must be rehabilitated or replaced as part of the rehabilitation work in order to achieve this requirement.
A driveway may be considered part of rehabilitation if it is determined to be a health and safety issue.
2. Code and Regulation Compliance
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 11 Eligible costs include, but are not limited to, additional work required to rehabilitate and modernize a home to bring it into compliance with current building codes and regulations. Painting and weatherization are included.
3. Demolition
Eligible costs include, but are not limited to, the tear down and disposal of dilapidated structures when they are a part of the reconstruction of an affordable housing unit. If a garage or carport is detached, it may not be rehabilitated but may be demolished, if it is determined to be a health and safety issue.
4. Upgrades
Eligible costs include additional bedrooms and bathrooms if the need can be demonstrated per HUD’s or Sponsor’s overcrowding guidelines listed in Attachment C. The Program will not fund additions to a home for a den or family room, or for any luxury items.
5. General Property Improvements
Eligible costs include, but are not limited to: addition or replacement of an oven, stove, dishwasher, or fixture; replacing floor coverings; painting; repair or installation of fencing; and solar.
All improvements must be physically attached to the property and permanent in nature. Non-code general property improvements (including fencing, landscaping, driveway, etc.) will be limited to 15 percent of the rehabilitation loan amount. Any cash contribution by the property owner will be considered a general property improvement and be included in this percentage. Luxury items are not permitted. Items such as stoves and dishwashers that are not built-in may be replaced due only to incipient failure or documented medical condition of the homeowner and must be of moderate quality.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 12 6. Rehabilitation Standards
All repair work related to health and safety conditions will meet Local Building Code standards. The priority will be the elimination of all health and safety hazards and code compliance
.
Examples of non-eligible improvements include swimming pools, patios and patio covers, room additions that are for leisure, landscaping upgrades, hot-tubs, custom cabinets, and high-end appliances.
The grant amount may include:
• construction contract (the accepted bid price for the cost of materials and labor);
• construction contingency;
• drafting and engineering fees, if any;
• appraisal and termite inspection charges;
• credit report review fees;
• permit fees and related building fees,
• site preparation for replacement housing;
• escrow, closing and recording fees; title report and title insurance, title updates
CDBG funds may not be used to pay for property taxes.
Maximum Loan-to-Value Ratio
The maximum encumbrance is limited to 100 percent of the property’s afterrehabilitation value (determined by after rehab appraisal) or less as determined by the Lender’s policy.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 13 Grant Security
1. A 3-year Grant Agreement and Promissory Note will secure funding unless the only source of funding is an unsecured direct equity maintenance grant for health, safety and/or code repairs only.
• A manufactured home in a mobile home park or on leased land that is not on a permanent foundation will be secured by an HCD 484 Statement of Lien, for mobile homes will be secure by HCD 480.7 –
• Statement of Lien and include a Promissory Note and 3-year Grant Agreement depending on the Lender regiments.
2. All owners listed on the benefiting property title are required to sign the 3- year Grant Agreement, Promissory Note, rehabilitation contract documents, and other related loan documents, whether or not they reside on the property.
3. All Lender loans, which are not in first position on title, will require a Request for Notice of Default to be recorded as part of the transaction. a. If Lender changes address - a new Request for Notice of Default must be recorded to ensure any possible notice is sent to the current address of Lender.
Financing Terms
Owner-Occupied Property
Financing terms are made flexible to allow for maximum affordability. The Lender is offering 100% grant funds at zero (0%) interest with no payback required unless the Borrower sells or transfers title or discontinues residency in the dwelling within 3.
A. In the even that a homeowner sells, transfers title, or discontinues residence in the rehabilitated property for any reason within 3 years of work completion, the grant shall become all due and payable.
B. If the homeowner dies, and if the heir(s) to the property live(s) in the house and is/are income eligible, the heir(s) may be permitted, upon approval of the Sponsor, to assume the grant at the rate and terms the heir(s) qualifies for under current participation guidelines.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 14 C. If within 3 years from project completion the homeowner dies and the heir(s) is/are not income eligible, the grant becomes all due and payable.
D. If a homeowner converts the rehabilitated property to any residential-rental, commercial or non-residential
FUNDING REQUIREMENTS
Funding Documentation
The Lender shall determine the grant amount based on the consideration of:
1. The selected bid contractual amount
2. 10 to 20 percent contingency
3. Plan or drawing preparation if any
4. Pre-project inspections (termite report, LBP inspection)
5. Escrow and title policy costs
Grant Approval
A grant package will be prepared by the Lender’s Grant Administrator that: confirms the Applicant and property eligibility; documents the equity in and the encumbrances on the property; lists the estimated loan and construction costs; and includes any other information particular to the grant. By preparing a grant package using all the income and property eligibility, the determination of the amount and rates and terms of the CDBG grant will be outlined for the Loan Committee to review.
To obtain CDBG financing, Applicants must meet all property and eligibility guidelines in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be included in a denial letter to the Applicant.
Grant Settlement
1. The Applicant shall sign the following: 3-year Grant Agreement, Promissory Note, Grant Estimate and Closing Disclosure Statement, Rescission Notice, and Request for Notice of Default and Sale (if applicable).
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 15 2. A manufactured home in a mobile home park or on leased land that is not on a permanent foundation will be secured by an HCD 480.7 or an HCD 484 Statement of Lien.
3. The City Official, acting on the behalf of the Lender, shall sign the grant documents as required.
4. If the Applicant does not rescind the grant after the 3-day rescission period:
A. The 3-year Grant Agreement, and Request for Notice, shall be recorded at the County Recorder’s Office. The Applicant shall sign the Construction agreement and Notice to Proceed.
B. Title insurance shall be requested and received.
5. The original grant documents shall be filed with the City as applicable:
Promissory Note, 3-year Grant Agreement (recorded), and Request for Notice of Default (recorded).
6. The construction documents shall be filed with the City.
7. The Grant Administrator on behalf of Lender will establish an escrow account and deposit loan funds into it, rather than use an Escrow Company to minimize cost.
Loan/Grant Servicing
Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
DEFAULT AND FORECLOSURE
If a Borrower defaults on a grant, and foreclosure procedures are instituted, they shall be carried out according to the CDBG Foreclosure Policy as described in the “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
INSURANCE
Standard Property Insurance
Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the grant is a second mortgage. If Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs, the Lender may take out forced place
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 16 insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the grant balance at time of installation of Borrower’s new insurance.
Fire Insurance
The Borrower shall maintain fire insurance on the property for the duration of the loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Lender as Loss Payee for the amount of the loan(s). A binder shall be provided to the Lender. In the event the Borrower fails to make the fire insurance premium payments in a timely fashion, the Lender at its option may make such payments for a period not to exceed 60 days. The Lender may, in its discretion and upon the showing of special circumstances, make such premium payments for a longer period. Should the Lender make any payments, it may, in its sole discretion, add such payments to the principal amount that the Borrower is obligated to repay the Lender under this program.
Flood Insurance
In areas designated by HUD as flood prone (located in a 100-year flood plain) the Borrower is required to maintain flood insurance in an amount adequate to secure the Rehabilitation Loan. The policy must designate the Lender as Loss Payee. The premium may be paid by the Rehabilitation grant for one year.
CONTRACTING PROCEDURES
• All housing rehabilitation work must be carried out using the adopted Housing Rehabilitation Program Guidelines.
• The Lender will prepare the bid package and assist the Borrower in negotiating the contract.
• The Borrower will select the contractor.
• All general and sub-contractors must be checked and cleared with HUD’S federal debarred list of contractors and have a DUNS number or Unique Entity Identifier (UEI).
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 17 • All general and sub-contractors must be actively licensed and bonded with the State of California.
• All general and sub-contractors must have public liability insurance to the Lender’s required limits, and if applicable, maintain Workers’ Compensation and Employer Liability insurance to the extent required by State Law. • All general and sub-contractors must comply with CDBG federal and state regulations.
• A Notice of Completion must be recorded with the County Recorder.
DISPUTE RESOLUTION/APPEALS PROCEDURE
Any person/household applying for Housing Rehabilitation through the CDBG program has the right to appeal if their application is denied. In addition, during pre-construction, construction, or post-construction periods, the Borrower has a similar right to have any disputes heard and resolved.
Rehabilitation program representatives are primarily responsible to assure that the program is implemented in compliance with state and federal regulations in a timely and responsible manner. This includes developing accurate and professional files, work write-ups and contract documents. Program representatives attend the meeting between the homeowner and the contractor when the contract documents are signed and facilitate in the clarification and/or corrections of proposed work, so a clear understanding is established between both parties.
During and after completion of construction, the contractor's work is monitored for code compliance by the Lender’s Building Inspector and for quality by the Housing Rehabilitation Inspector.
The contractual obligation for rehabilitation is ultimately between the contractor and the homeowner. If a situation occurs where the two parties are in conflict, the following procedure will occur:
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 18 Before any intervention occurs, the homeowner or contractor shall communicate perceived problems or complaints directly to the other party. To resolve the differences, each will give the other an opportunity to respond or correct the problem.
If the first attempt fails, the homeowner or contractor may ask the Program Representative or designee to informally intervene. This intervention might include telephone call(s) to the contractor or homeowner, meeting(s) at the job site or in the office, or other actions as seem appropriate, including such things as the establishment of written working guidelines, or other post-contractual agreement.
If the Program Representative or designee is unable to satisfactorily resolve the homeowner-contractor differences, the homeowner, contractor, or program representative, will contact HCD detailing the problem. In cases of building code compliance or questions of construction quality, the building inspector might also be contacted.
It must be recognized that the homeowner has other options which they may choose to utilize, including contacting the Contractors State Licensing Board and submitting a complaint.
Any controversy between the parties that cannot be settled through the informal intervention process outlined above shall be submitted to binding arbitration. Costs for the arbitration will be borne by the losing party, or subject to the terms of the arbitration agreement.
The parties shall attempt to agree on a single arbitrator to hear the dispute. If they cannot agree each party shall appoint an arbitrator. If the two arbitrators cannot reach an agreement, then they shall appoint a third arbitrator whose decision shall be final and binding.
The cost of the arbitration shall be borne by the losing party unless the arbitrator otherwise determines.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 19 The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in force. The parties expressly agree that the arbitration shall be subject to and governed by, the Federal Arbitration Act, Title IX, USC 1 et seq.
SWEAT EQUITY
Participants who wish to perform sweat equity must obtain approval from the general contractor and sign a written commitment itemizing the work they will perform, a time schedule for completion and a dollar value of the contribution.
Owners that contribute sweat equity that involves painting will not participate in activities that include the abatement or mitigation of lead paint hazards without first being trained on Safe Work Practices as required by HUD and provide documentation of such in the project file.
AMENDMENTS
Amendments to these Guidelines may be made by the Lender.
EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES
Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an Applicant treated differently from others would be an exception.
In the event of extraordinary or special circumstances, the Loan Committee may grant an exception to the guidelines if the exception does not violate the regulations of the funding sources.
The Program staff may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including staff’s recommended course of action and any written or verbal information supplied by the Applicant. The request shall be presented to the Loan Committee for decision and consideration.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 20 CURRENT HUD/INCOME LIMITS
For consistency in calculating household incomes, the Lender will use the most current income limits available when determining household income. The CDBG income limits are updated annually.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 21 ATTACHMENT A
HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY
RELOCATION PLAN
The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds to follow a written Residential Anti-displacement and Relocation Assistance Plan (Plan) for any activities that could lead to displacement of occupants whose property is receiving funds from these or any other federal funding source. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of Arvin with the requirements of federal regulations 24 CFR 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974 and 24 CFR 92 of the HOME federal regulations.
The Plan will outline reasonable steps, which the City will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements.
The City’s governing body has adopted this Plan via a formal resolution.
This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following program titles: HOME, CDBG, Urban Development Action Grant (UDAG), Special Purpose Grants, Section 108 Loan Guarantee Program, and such other grants as HUD may designate as applicable, which take place within the City limits.
The City of Arvin will provide permanent relocation benefits to all eligible “displaced” households either owner occupied or rental occupied units which are permanently displaced by the housing rehabilitation program. In addition, the City will replace all eligible occupied and vacant occupiable low-income group dwelling units demolished or converted to a use other than low-income group housing as a direct result of rehabilitation activities. This applies to all units assisted with funds provided under the
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 22 Housing and Community Development Act of 1974, as amended, and as described in the Federal Regulations 24 CFR 570.496(a), Relocation, Displacement and Acquisition:
Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989.
All City programs/projects will be implemented in ways consistent with the City’s commitment to Fair Housing. Participants will not be discriminated against on the basis of race, creed, color, religion or religious affiliation, age, ancestry, national origin, gender, marital or familial status (children), physical or mental disability, sexual orientation, medical condition, or other arbitrary cause. The City will provide equal relocation assistance available 1) to each eligible income household displaced by the demolition or rehabilitation of housing or by the conversion of a eligible income household dwelling to another use as a direct result of assisted activities; and 2) to each eligible income person temporarily relocated as a direct result of activities funded by HUD programs.
Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities
Consistent with the goals and objectives of activities assisted under the Act, the City will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD programs:
• Provide proper notices with counseling and referral services to all tenants so that they understand their relocation rights and receive the proper benefits. When necessary assist permanently displaced persons to find alternate housing in the neighborhood.
• Stage rehabilitation of assisted households to allow owner occupants and/or tenants to remain during minor rehabilitation.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 23 • Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant units on the project site area during rehabilitation or pay expenses on behalf of replaced tenants.
• Work with area landlords, real estate brokers, and/or hotel/motel managements to locate vacancies for households facing temporary relocation. • When necessary, use public funds, such as CDBG funds, to pay moving costs and provide relocation/displacement payments to households permanently displaced by assisted activities.
Lead Based Paint Mitigation Which Causes Temporary Relocation On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control (LBPHC) went into effect. Among other things, it requires that federally funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenant-occupant(s) be present in work areas or designated adjacent areas while LBPHC activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants will not be allowed to remain in their units during the time that lead-based paint hazards (LBPH) are being created or treated. Once LBPHC has been completed, and the unit passes clearance, the occupants can return. The tenant-occupants may not reoccupy a work area or adjacent area until post-lead hazard reduction clearance standards have been achieved and verified with laboratory results. The final rule allows for certain exceptions:
• The work will not disturb lead-based paint, or create dust-lead or soil-lead hazard; or
• The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead-free entry; or
• The interior work will be completed in one period of less than 8-daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 24 • The interior work will be completed within 5 calendar days, the work site is contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms.
If temporary relocation benefits are not provided because the City believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the City to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate. Even for just a few days until a final lead clearance can be issued by a certified lead-based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation are entitled to the same relocation benefits as those who are relocated because of substantial rehabilitation or reconstruction activities.
Temporary Relocation of Owner Occupants
Owner occupants are not allowed to stay in units which are hazardous environments during lead-based paint mitigation. When their home is having lead-based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation benefits which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible for temporary relocation benefits which will be provided as a grant. The amount of the benefit to be paid should be cost appropriate to the conditions.
Owner occupants will be encouraged to move in with family or friends during rehabilitation, since they are voluntarily participating in the program. The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will complete a temporary relocation benefits form. This documents that the owner occupant
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 25 understands that they must relocate during construction and what benefits they wish to be reimbursed for as part of their relocation.
Temporary Relocation of Residential Tenants
If continued occupancy during rehabilitation is judged to constitute a substantial danger to health and safety of the tenant or the public or is otherwise undesirable because of the nature of the project, the tenant may be required to relocate temporarily. The program administrator or construction supervisor will make determination of the need for temporary relocation. The temporary relocation period will not exceed 180 days. All conditions of temporary relocation will be reasonable.
Any tenant required to relocate temporarily will be helped to find another place to live which is safe, sanitary and of comparable value and they have the first right to move back into the original unit being rehabilitated at the same rent or lower. They may move in with family and friends and still receive full or partial temporary assistance based on eligible cost incurred.
The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will ensure that each tenant occupied unit under the program will receive a General Information Notice (GIN) (as soon as possible after a loan application is received).
Additionally, the tenant will receive a Notice of Non-displacement (after loan approval), and each tenant occupied unit will have a temporary relocation benefits form completed for them. These notices will document that each tenant understands what their relocation rights are, and if they must relocate during construction, that they receive the proper counseling and temporary relocation benefits.
A tenant receiving temporary relocation shall receive the following:
1. Increased housing costs (e.g. difference in rent increase, security deposits) and
2. Payment for moving and related expenses, as follows:
5.C.5
Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 26 a. Transportation of the displaced persons and personal property within 50 miles, unless the grantee determines that farther relocation is justified;
b. Packing, crating, unpacking, and uncrating of personal property; c. Storage of personal property, not to exceed 12 months, unless the grantee determines that a longer period is necessary;
d. Disconnection, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property; e. Insurance for the replacement value of personal property in connection with the move and necessary storage;
f. The replacement value of property lost, stolen or damaged in the process of moving (not through the fault of the displaced person, their agent, or employee) where insurance covering such loss, theft or damage is not reasonably available;
g. Reasonable and necessary costs of security deposits required to rent the replacement dwelling;
h. Any costs of credit checks required to rent the replacement dwelling; i. Other moving related expenses as the grantee determines to be reasonable and necessary, except the following ineligible expenses:
i. Interest on a loan to cover moving expenses; or
ii. Personal injury; or
iii. Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Grantee; or iv. Costs for storage of personal property on real property already owned or leased by the displaced person before the initiation of negotiations.
Rehabilitation Activities Requiring Permanent Displacement The City rehabilitation program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of permanent displacement is encountered, then the staff that is responsible for the
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 27 rehabilitation program will consult with City’s legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultant will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity, then they will consult and follow the HUD Relocation Handbook 1378.
Rehabilitation Which Triggers Replacement Housing
If the City rehabilitation program assists a property where one or more units are eliminated then under Section 104 (d) of the Housing and Community Act of 1974, as amended applies and the City is required to replace those lost units. An example of this would be a duplex unit converted into a single-family unit. In all cases where rehabilitation activities will reduce the number of housing units in the jurisdiction, then the City must document that any lost units are replaced, and any occupants of reduced units are given permanent relocation benefits. (This does not apply to reconstruction or replacement housing done under a rehabilitation program where the existing unit(s) is demolished and replaced with a structure equal in size without in loss number of units or bedrooms.)
Replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the City to provide funds for an activity that will directly result in such demolition or conversion, the City will make this activity public (through a noticed public hearing and/or publication in a newspaper of general circulation) and submit to the California Department of Housing and Community Development or the appropriate federal authority the following information in writing:
• A description of the proposed assisted activity;
• The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as targeted income group dwelling units as a direct result of the assisted activity;
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 28 • A time schedule for the commencement and completion of the demolition or conversion;
• The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; • The source of funding and a time schedule for the provision of the replacement dwelling units;
• The basis for concluding that each replacement dwelling unit will remain a targeted income group dwelling unit for at least 10 years from the date of initial occupancy; and,
• Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of targeted income group households in the jurisdiction.
The Grant’s Coordinator at the City is responsible for tracking the replacement of housing and ensuring that it is provided within the required period. The City is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in Section 570.606, to any targeted income group displaced by the demolition of any dwelling unit or the conversion of a targeted income group dwelling unit to another use in connection with an assisted activity.
Record Keeping and Relocation Disclosures/Notifications The City will maintain records of occupants of Federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to demonstrate compliance with section 104(d), URA and applicable program regulations.
Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD-40054)
Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 29 suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling.
Notices shall be written in plain, understandable primary language of the persons involved. Persons who are unable to read and understand the notice (e.g. illiterate, foreign language, or impaired vision or other disability) will be provided with appropriate translation/communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below are only for temporary relocation. If permanent relocation is involved, then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:
General Information Notice
As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed, or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy their present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of their average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed. Suitable housing will be made available and they will be reimbursed for all reasonable extra expenses.
The tenant will be cautioned that they will not be provided relocation assistance if they decide to move for personal reasons.
Notice of Non-Displacement
As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation benefits because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit. The tenant will also again be
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 30 cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance.
Disclosure to Occupants of Temporary Relocation Benefits This form is completed to document that the City is following its adopted temporary relocation plan for owner occupants and tenants.
Other Relocation/Displacement Notices
The above three notices are required for temporary relocation. If the City is attempting to provide permanent displacement benefits, then there are several other forms which are required. Staff will consult HUD’s Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced because of housing rehabilitation activities funded by CDBG or other federal programs.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 31 ATTACHMENT B
ANNUAL HOUSEHOLD INCOME DEFINITION
For the purposes of determining eligibility in accordance with HCD income guidelines, Annual Income will include, for all members of the household:
• Gross wages and salary before deductions.
• Net money income from self-employment.
• Cash income received from such sources as rental units, Social Security benefits, pensions, and periodic income from insurance policy annuities. • Periodic cash benefits from public assistance and other compensation, including Aid to Families with Dependent Children (AFDC), Supplemental Security Income (SSI), Worker's Compensation, State Disability Insurance and Unemployment benefits.
• Interest earned on savings and investments.
Annual Income will not include:
• Non-cash income such as food stamps or vouchers received for the purpose of food or housing.
• Capital gains or losses.
• One-time unearned income such as scholarship and fellowship grants; accident, health or casualty insurance proceeds; prizes or gifts; inheritances. • Payments designated specifically for medical or other costs, foster children, or their non-disposable income.
• Income from employment of children under the age of 18. • Payment for the care of foster children.
This is not meant to be a complete list.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 32 The City of Arvin will make the final decision in situations where the classification of income is not clear-cut. Any exceptions or other deviations from this definition of annual income will be considered by the City of Arvin.
The City shall use the Income Guidelines published each year by HUD and HCD.
The maximum gross annual income for an eligible household shall be 80 percent of the area median income for the household size.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 33 ATTACHMENT C
LOAN SERVICING POLICES AND PROCEDURES
The City of Arvin here after called “Lender” has adopted these policies and procedures in order to preserve its financial interest in properties, who’s “Borrowers” have been assisted with public funds. The Lender will to the greatest extent possible follow these policies and procedures, but each grant will be evaluated and handled on a case-bycase basis. The Lender has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions, which are associated with them.
The policies and procedures are broken down into the follow areas: 1) making required payments or paying off a grant’s principle and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) grants with annual occupancy restrictions and certifications 5) required noticing and limitations on any changes in title or use of property; 6) required noticing and process for requesting a subordination during a refinance; 7) process of foreclosure in case of default on the loan.
Repayments and Discounting of Notes
When the rehabilitation project is completed and the amount used to complete the project is less than the amount granted, the Lender will notify the title company holding the escrow account to refund the unused balance to the Lender. The Lender will reduce the amount of principal accordingly and recalculate the interest.
For Straight Notes, which are deferred payment loans; the Lender may accept voluntary payments on the loan. Loan payments will be credited to the interest first and then to principal. The Borrower may repay the grants accrued interest and principal at any time with no penalty.
5.C.5
Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 34 The Lender will maintain an accurate listing of all loans including but not limited to the following information, Borrower’s name, address, loan closing date, amount of principal, interest rate, calculation of interest, total payoff amount, maturity date, property taxes and insurance current.
Lender is notified that the Borrower intends to pay off a grant, the Lender will provide a demand letter with the payoff amount. This includes the amount of principal, accrued interest, any recording or late fees or other penalties, and a per diem amount (interest per day) and an interest through date (typically the same date at the demand letter).
The Lender will process and record a Grant Release upon grant satisfaction. A conformed recorded copy is mailed to the Borrower along with the original 3-year Grant Agreement and Promissory Note within 30-days of receipt of payoff funds. The original 3-year Grant Agreement and Promissory Note are to be stamped paid in full with the date and an initial of the responsible staff person processing the documents. Copies of the reconveyance, deed, and promissory note, showing as paid in full are to be kept in the Borrower’s file.
Payment of Property Taxes and Insurance
As part of keeping the loan from going into default, Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs the Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the grant balance at time of installation of Borrower’s new insurance. The City needs to ensure that interest on any costs added to the grant accrue interest from the point the cost was incurred.
When a property is located in a 100-year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 35 property insurance will be required at close of escrow. The lender may check the insurance on an annual basis.
Property taxes must be kept current during the term of the grant. If the Borrower fails to maintain payment of property taxes, then the lender may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. Wherever possible, the Lender encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.
All Borrowers will be evaluated semi-annually by the Lender to confirm timely payments of property taxes. In January and May of each year the Lender will access the County Treasurer-Tax Collector website and view the Borrower’s tax bill to determine if tax payments have been made.
Required Request for Notice of Default
When the Borrower’s grant is in second position behind an existing first mortgage, it is the Lender's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Lender’s loan. This document requires any senior lien holder listed in the notice to notify the lender of initiation of a foreclosure action. The Lender will then have time to contact the Borrower and assist them in bringing the first loan current. The Lender can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Lender is in a third position and receives notification of foreclosure from only one senior lien holder, it is in their best interest to contact any other senior lien holders regarding the status of their loans.
Note: If Lender’s address has changed, a new Request for Notice of Default, signed by the appropriate City representative must be recorded. If this process is not completed, the Notice of Default will be mailed to the address on file and possibly never received by the Lender.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 36 Annual Occupancy Restrictions and Certifications
All owner-occupied Borrowers will be evaluated annually by the Lender to confirm continuous owner occupancy status. Borrowers will be required to submit to the City between January 1 and 15 of each year for the term of the loan:
• Proof of occupancy in the form of a copy of a current utility bill. • Statement, under penalty of perjury, of unit's continued use as a residence. • Declaration that other title holders do not reside on the premises. • Proof of property insurance
• Proof of property taxes showing current paid status
Lender to check their local Recorder’s Office online records and search to ensure the property title has not been transferred to another name – if so, grant is due and payable (perform every 6-12 months).
Lender to check with their local Coroner’s Office to ensure any borrower has not yet passed away. If it is found that a borrower has passed away, the loan is due and payable. Lender is contact family heirs to work on any option available up to and including foreclosure of the property.
These grant terms are incorporated in the original note and deed of trust. If a Borrower sells, transfers title, or discontinues residence in the rehabilitated property, the grant is due and payable.
Required Noticing and Restrictions on Any Changes of Title or Occupancy In all cases where there is a change in title or occupancy or use, the Borrower must notify the Lender in writing of any change. Lender and Borrower will work together to ensure the property is kept in compliance with the original program terms and conditions such that it remains available as an affordable home for low income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 37 sold or transferred as part of a business transaction. In some cases, the Borrower may move and turn the property into a rental unit without notifying the Lender. Changes in title or occupancy must be in keeping with the objective of benefit to the income qualified families.
Owner-Occupant to Owner-Occupant
Change from owner-occupant to owner-occupant occurs at a sale. When a new owner-occupant is not low-income, the grant is not assumable, and the grant balance is immediately due and payable. If the new owner-occupant qualifies as lowincome, the purchaser may assume all grant repayment obligations of the original owner-occupant, subject to the approval of the Lender’s Loan Committee.
If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the grant at an interest rate based on family size and household income, provided the heir is income qualified. If the heir intends to occupy the property and is not income qualified, the balance of the grant is due and payable. If the heir intends to act as an owner-investor, the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Lender’s
Requests for Subordinations
When a Borrower has a primary mortgage recorded in a senior position to the City’s grant and wishes to refinance the primary loan, they must submit a written subordination request to the Lender (City of Arvin). The Lender will only subordinate their grant when there is no “cash out” as part of the refinance. Cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no thirdparty debt payoffs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the family with a lower interest rate and the total indebtedness on the property should not exceed the current market value.
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Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 38 Upon receiving the proper documentation from the refinance agency, the request will be considered by the Loan Committee for review and approval. Upon approval, the escrow company will provide the proper subordination document
for execution and recordation.
Process for Loan Foreclosure
Upon any condition of grant default: 1) nonpayment; 2) lack of insurance or property tax payment; 3) change in title or use without approval; 5) default on senior loans, the Lender will send out a letter to the Borrower notifying them of the default situation. If the default situation continues then the Lender may start a formal process of foreclosure.
When a senior lien holder starts a foreclosure process and the Lender is notified via a Request for Notice of Default, the Lender, who is the junior lien holder, may cancel the foreclosure proceedings by "reinstating" the senior lien holder. The reinstatement amount or payoff amount must be obtained by contacting the senior lien holder. This amount will include all delinquent payments, late charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior lien holder current, the Borrower can provide future payments. If this is the case, then the Lender may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.
If the Lender determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lien holder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Lender does not have enough funds to pay the senior lien holder in full, then they may choose to cure the senior lien holder and foreclose on the property themselves. As long as there is sufficient value in the property, the Lender can afford to pay for the foreclosure process and pay off the senior lien holder and retain some or all of their investment.
5.C.5
Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 39 If the Lender decides to reinstate, the senior lien holder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Lender fails to reinstate the senior lien holder before five (5) days prior to the foreclosure sale date, the senior lien holder would then require a full payoff of the balance, plus costs, to cancel foreclosure. If the Lender, after exercising due diligence, determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lien holder to complete foreclosure, the Lender's lien may be eliminated due to insufficient sales proceeds.
Lender as Senior Lien holder
When the Lender is first position as a senior lien holder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Lender may consider foreclosure. Lender’s staff will consider the following factors before initiating foreclosure:
• Can the loan be cured, and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary? • Can the Borrower refinance with a private lender and pay off the Lender? • Can the Borrower sell the property and pay off the Lender? • Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
• Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
5.C.5
Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 40 If the balance is substantial and all the above factors have been considered, the Lender may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure (such as, funds to bring a delinquent Below Market Interest Rate (BMIR) current or pay off a DPL).
At the end of 30 days, the Lender should contact and potentially procure reputable foreclosure services or local title companies to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lien holders.
The service will advise the Lender of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Lender informed of the progress of the foreclosure proceedings.
When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Lender could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Lender could contract with a local real estate broker to list and sell the home and use those funds for program income eligible uses.
5.C.5
Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an 41 ATTACHMENT D
CURRENT INCOME LIMITS
CDBG PROGRAM HOUSEHOLD INCOME LIMITS FOR KERN COUNTY*
(Limits are effective 06/1/2021)
Number of Persons in Household
1 2 3 4 5 6 7 8
80% of
AMI
$39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600
5.C.5
Attachment: ARV cdbg-housing-rehab-guidelines -draft (A Public Hearing for Discussion of CDBG Application and Reso Approving an Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
APPROVING THE ADOPTION OF THE CDBG SINGLE-FAMILY
REHABILITATION PROGRAM GUIDELINES
BE IT RESOLVED by the City Council of the City of Arvin as follows:
SECTION 1:
The City Council has reviewed and hereby approves the CDBG Single-Family Housing Rehabilitation Program Guidelines.
SECTION 2:
The City acknowledges compliance with all state and federal public participation requirements in the development of its guidelines.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Arvin held on May 24th, 2022 by the following vote:
Instruction: Fill in all four vote-count fields below. If none, indicate “0” for that field.
AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
__________________________________
Name and Title
City Council
Exhibit: City of Arvin Community Development Block Grant Guidelines
STATE OF CALIFORNIA
City of Arvin
I, , City Clerk of the City of Arvin, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 24th day of May, 2022.
By: _____________________________________
Name and Title
5.C.6
Attachment: Resolution for CDBG Guidelines 05.18.22 (A Public Hearing for Discussion of CDBG Application and Reso Approving an
CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Christine Viterelli, Grant Writer
Jeff Jones, City Manager
SUBJECT: Approval of a Sub-Recipient Agreement with Self-Help Enterprises for Community Development Block Grant Administrative Support BACKGROUND:
Should the City be awarded CDBG Grant funds under the 2022 NOFA a contract for the administration and implementation of the awarded programs must be executed and included with the initial application. City Council approved Resolution # 2022-XX to apply for CDBG Funds to provide the residents of Arvin with a Housing Rehabilitation Program and is also seeking additional ongoing funding support for the Arvin Homeless Navigation Center. City Staff is requesting approval of a sub-recipient agreement with Self-Help Enterprises (SHE) to administer the grants and implement the housing rehabilitation program as part of the grant application process requirements. This includes providing fiduciary responsibility such as loan applications that the City staff does not have the finance staff capacity to implement.
The agreement is attached.
STAFF RECOMMENDATION:
Staff recommends approval of the subrecipient agreement.
FINANCIAL IMPACT:
No fiscal impact. The activity delivery costs, and administration costs incurred by Self-Help enterprises after the grant award will be billable to the grant.
ATTACHMENTS:
CDBG Subrecipient agreement with Self-Help Enterprises (SHE)
5.C.7
Attachment: Staff Report Self-Help Subrecipient Agmt_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an AGREEMENT NO. ____________
CITY OF ARVIN
SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this 24 day of May 2022 by and between the City of Arvin, California, a municipal corporation, (GRANTEE) and Self-Help Enterprises (SUBRECIPIENT).
WHEREAS, the California Department of Housing and Community Development, hereinafter “HCD”, is authorized to allocate Community Development Block Grant Program, hereinafter "CDBG" funds made available from the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", as, as authorized under Title I of the Housing and Community Development Act of 1974, as amended, and implemented under Title 24 of the Code of Federal Regulations, hereinafter collectively referred to as the "Act", incorporated herein by its reference; and
WHEREAS, GRANTEE is a recipient of CDBG funding for use in funding eligible activities furthering established national objectives to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2019-2024 Housing Element, desires to provide CDBG and HOME funds to SUBRECIPIENT, for activities and services, as more fully described in Exhibit A, Scope of Services, upon the terms and conditions in this Agreement; and
WHEREAS, pursuant to City Resolution No. 2022-XXX, the City Manager is authorized to execute CDBG Agreements, on behalf of GRANTEE, that are within available allocated CDBG funding and in a standard form approved by the City Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
1. TERM
The term of this Agreement shall commence on May 25, 2022, unless terminated earlier pursuant to the terms of this Agreement, shall continue for five years. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which SUBRECIPIENT remains in control of CDBG and/or HOME funds or other CDBG and/or HOME assets, including Program Income.
2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner satisfactory to GRANTEE and consistent with any standards required as a condition of providing these funds. GRANTEE will also perform the services set forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by reference herein and made a part hereof.
CDBG Subrecipient Agt 2018 - 4/5/18 1
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 2
SUBRECIPIENT shall administer the Program for the whole of the term of the Agreement. SUBRECIPIENT shall administer the Program in compliance with the CDBG requirements and in a manner that meets the CDBG national objective(s) of 24 CFR 570.208 and HOME statewide goals.
GRANTEE will monitor the performance of SUBRECIPIENT against goals and performance standards as stated above. Substandard performance as determined by GRANTEE will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within a reasonable amount of time after being notified by GRANTEE, contract suspension or termination procedures will be initiated.
3. RECORDS ANDREPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, in a form acceptable to GRANTEE, a performance report summarizing the number of unduplicated persons served, including race, ethnicity, and income data. The performance report shall be submitted within thirty days of the close of each quarter.
SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE are clearly identified as subawards and include the following information:
• SUBRECIPIENT NAME:
• Subrecipient ID(DUNS):
• State Award Identification Number: (CDBG Grant#)
• State Award Date:
• Period of Performance:
• Federal/State Funds Obligated by this Agreement:
• Total Federal/State Funds Obligated to SUBRECIPIENT:
• Total Amount of the Federal/State Award:
• Federal/State Award project description:
• Name of State awarding agency: Dept. of Housing and Community Development
• Name of pass-through entity: City , California
• Award Official Contact Information: Name and Address
• CFDA Number: 14.218
• CFDA Name: Community Development Block Grant
• Identification of R&D: No
• Indirect cost rate for the Federal award:
SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the National Objectives of the CDBG program;
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 3
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f) Financial records as required by 2 CFR Part 200 as amended by 24 CFR 570.502, and
g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
SUBRECIPIENT shall retain all project files, financial records, and any other documents related to the Program for a period of three years from the date of the close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to extend the retention period.
• Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition.
GRANTEE shall monitor and evaluate SUBRECIPIENT's performance underthis Agreement to determine compliance with this Agreement and CDBG requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal or state auditors authorized by GRANTEE and shall make available all information, documents, and records reasonably requested and shall provide GRANTEE the reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained.
4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with the Proposed Budget attached hereto as Exhibit "B'' and incorporated herein.
SUBRECIPIENT's sole source of compensation hereunder will be in the form of a grant of CDBG funds as described herein. It is expressly agreed and understood that the total amount to be paid by GRANTEE under this Agreement shall not exceed ONE MILLION Dollars and 00/100 ($1,000,000).
SUBRECIPIENT shall submit to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a monthly basis for the term of the Agreement. Said request shall be accompanied with supporting documentation, including but not limited to paid receipts, invoices and timesheets, to allow GRANTEE to determine compliance with applicable federal regulations, including cost allowability.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 4
GRANTEE shall pay all approved requests for payment pursuant to this Agreement within the normal course of business, typically within forty-five days of receipt. If GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business days GRANTEE will provide written notification to SUBRECIPIENT of the disallowance, including any corrective action necessary to process payment.
All funds are paid contingent upon SUBRECIPIENT's continuous compliance with all applicable, uniform administrative requirements, program regulations, and recapture and reversion requirements set out in the Act. Any unearned or recaptured CDBG funding shall be returned to GRANTEE within thirty days of the earlier of termination of this Agreement or notice by GRANTEE. Any interest earned or received by SUBRECIPIENT thereon shall be remitted to the GRANTEE.
An authorized official for SUBRECIPIENT must provide a signed certification with each request that states the following: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of CDBG funds is subject to the control of HUD, other federal agencies, HCD, or other state agencies and should the CDBG funds be encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal year hereunder fail to allocate CDBG funds, GRANTEE shall not provide said funds unless and until they are made available for payment to GRANTEE by HUD, HCD and GRANTEE receives and allocates said funds. No other funds owned or controlled by GRANTEE shall be obligated under this Agreement to the Project(s).
5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of CDBG funds governed by this Agreement shall be considered CDBG program income. All CDBG and/or HOME program income (as defined at 24 CFR 570.500(a)) shall be retained by SUBRECIPIENT for the term of this Agreement. The use of all CDBG program income is reserved specifically for services outlined in the Scope of Work and is subject to the terms of this Agreement.
6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative Requirements found in the U.S. federal regulations at 2 CFR Part 200.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 5
SUBRECIPIENT shall establish and maintain effective internal control over CDBG funds made available through this Agreement to provide reasonable assurance that the Program is administered in compliance with applicable federal statutes, regulations, state guidelines and the terms and conditions of this Agreement. This includes evaluation and internal monitoring of the Program and prompt, appropriate action when instances of noncompliance are identified.
SUBRECIPIENT shall follow a written procurement policy that allows for full and open competition that meets the minimum standards of the U.S. federal regulations at 2 CFR 200.317 through 200.326.
SUBRECIPIENT shall take reasonable measures to safeguard protected personally identifiable information and other information GRANTEE designates as sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality.
SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women 's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51% owned and controlled by minority group members or women.
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
SUBRECIPIENT is prohibited from using CDBG funds or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
SUBRECIPIENT shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.
SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities.
SUBRECIPIENT shall maintain a financial management system that identifies all federal awards received and expended and the federal programs under which they were received, including:
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 6
• The CFDA title and number,
• Federal award identification number and year,
• Name of the Federal/State agency, and
• Name of the pass-through entity, if any.
SUBRECIPIENT shall follow written financial management policies and procedures that, at a minimum, provide for:
• Determination of allowable costs in accordance with the terms and conditions of this Agreement and the federal cost principles published in the U.S. federal regulations at 2 CFR 200 Subpart E; • Effective control over, and accountability for, all funds, property, and other assets to ensure all assets are safeguarded and they are used solely for authorized purposes; and
• Accurate financial reporting on federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income and interest and be supported by source documentation.
7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT shall provide to GRANTEE a certification stating the total amount of federal awards expended in the fiscal year. The certification shall be signed by an authorized official.
SUBRECIPIENT agrees to have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT expends $750,000 or more in federal awards during any fiscal year that overlaps with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of the audit available for public inspection for three years from the date of submission to the FAC.
GRANTEE shall issue a management decision for audit findings that relate to this Agreement within six months of acceptance of the audit report by the FAC.
8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any CDGB funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR 570.502-504, as applicable.
9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 7
parent, affiliate, or subsidiary organization, the standards of conduct must cover organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial in conducting a procurement action involving a related organization.
At a minimum, the standards of conduct shall include any person who is an employee, agent, consultant, officer, or elected official or appointed official of SUBRECIPIENT. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG -assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of Conflict of Interest From included as Exhibit "D ". Upon written request, GRANTEE may grant an exception to the conflict of interest provisions on a case-by-case basis.
10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all applicable City/County, State, and Federal guidelines including, but not limited to the following federal program requirements as now in effect and as may be amended from time to time:
Section 109 of the Housing and Community Development Act of 1974 requires that no person in the United States shall on the grounds of race, color, national origin, religion, 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 made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.
Equal Opportunity requirements as described in Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107.
Equal Protection of the Laws for Faith-Based and Community Organizations as described in Executive Order 13279 and the implementing regulations at 41 CFR chapter 60.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135.
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part apply.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 8
Exclusion of Debarred and Suspended Contractor requirements as described in 2 CFR Part 180.
Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to apply for CDBG benefits, including financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available with CDBG. Benefits do not include relocation services and payments to which persons displaced are entitled by law (24 CFR §570.613).
A building or facility designed, constructed, or altered with CDBG funds governed by this Agreement that meets the definition of "residential structure" as definedin 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications.
The contract provisions for non-federal entity contract under federal awards as set forth in Exhibit "E".
11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable administrative actions and all required work of the Agreement have been completed by SUBRECIPIENT.
Unless provided an extension through written notification by GRANTEE, SUBRECIPIENT shall complete the following actions no later than thirty calendar days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and • Transfer to GRANTEE any accounts receivable attributable to the use of CDBG funds, including CDBG program income.
Notwithstanding the expiration or earlier termination of this Agreement, SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout requirements are completed. The following obligations of SUBRECIPIENT shall survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to SUBRECIPIENT'S activities and costs under this Agreement; • the obligation to repay to GRANTEE any CDBG proceeds
improperly disbursed to SUBRECIPIENT or disbursed for ineligible expenditures;
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 9
• any other obligations which cannot by their nature be performed until after the expiration of the Agreement such as the submittal of final payment request and performance reports.
Any real or personal property purchased in whole or in part with CDBG funds provided under this Agreement are subject to the following requirements that shall survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal property acquired with federal funds in accordance with the uniform administrative requirements contained in the U.S. federal regulations published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000, said property shall be used to meet one of the national objectives in 24 CFR 570.208 for five years after close out of this Agreement. If the property is disposed of within five years of the close out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE the a percentage of the current fair market value of the property equal to the percentage of CDBG funds expended to the overall acquisition and improvement cost of the property.
12. SUSPENSION ANDTERMINATION
Termination for Convenience. This Agreement may be terminated by either party if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated.
Furthermore, GRANTEE may suspend or terminate this Agreement if SUBRECIPIENT materially fails to comply with any terms of this Agreement.
If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper manner its obligations under this Agreement, ineffectively or improperly use funds provided under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, GRANTEE shall thereupon have the right to terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by SUBRECIPIENT under this Agreement shall, at the option of GRANTEE, become its property and SUBRECIPIENT shall be entitled to receive just and equitable payment for any satisfactory work completed subject to the limitations of this Agreement.
13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 10
14. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT concerning GRANTEE under this Agreement shall not be made available to any individual or organization by SUBRECIPIENT without first submitting them to GRANTEE.
15. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, County, and City laws, ordinances and codes. Should a Project receive additional funding after the commencement of this Agreement, SUBRECIPIENT shall notify GRANTEE in writing within thirty days of receiving notification from the funding source and submit a cost allocation plan for approval by GRANTEE within forty-five days of said official notification.
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
SUBRECIPIENT shall comply with the bonding and insurance requirements set forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient insurance and bond coverage as set forth in Exhibit "C".
SUBRECIPIENT shall subcontract all work or services through written contract or agreement subject to each provision of this Agreement and applicable City, County, State and Federal guidelines and regulations. Prior to execution of any subcontract hereunder, such subcontracts must be submitted by SUBRECIPIENT to GRANTEE for its review and approval, which will specifically include a determination of compliance. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior written approval.
16. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solelyas an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of GRANTEE for any purpose. GRANTEE shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Agt 2018 - 4/5/18 l l
retain the right to administer this Agreement so as to verify that SUBRECIPIENT is performing its obligations in accordance with the terms and conditions thereof.
This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind GRANTEE absent GRANTEE's express written consent. Except to the extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs and expenses in pursuit thereof.
Because of its status as an independent contractor, SUBRECIPIENT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, SUBRECIPIENT shall be solely responsible, indemnify, defend and save GRANTEE harmless from all matters relating to employment and tax withholding for and payment of SUBRECIPIENT's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in GRANTEE employment benefits, entitlements, programs and/or funds offered employees of GRANTEE whether arising by reason of any common law, de facto, leased, or coemployee rights or other theory. It is acknowledged that during the term of this Agreement, SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to this Agreement.
17. INDEMNIFICATION
To the furthest extent allowed by law including California Civil Code section 2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by GRANTEE, SUBRECIPIENT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. SUBRECIPIENT's obligations under the preceding sentence shall apply regardless of whether GRANTEE or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of GRANTEE or any of its officers, officials, employees, agents or volunteers.
If SUBRECIPIENT should contract or subcontract all or any portion of the work to be performed under this Agreement, SUBRECIPIENT shall require each SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an Subrecipient Agt 2019 - 11/18/19 12
GRANTEE and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
18. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following contract representatives:
GRANTEE
City of Arvin
C/O Christine Viterelli
200 Campus Drive
Arvin, CA 93203
19. AMENDMENTS
SUBRECIPIENT
Self-Help Enterprises
C/O Susan Long, Program Director
8445 W Elowin Ct
Visalia, CA 93290
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the GRANTEE's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the GRANTEE or SUBRECIPIENT from its obligations under this Agreement.
GRANTEE may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both GRANTEE and SUBRECIPIENT.
20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the GRANTEE.
21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an Subrecipient Agt 2019 - 11/18/19 13
provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
22. ATTORNEY FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party will be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
23. BINDING ON ALL SUCCESSORS ANDASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and provisions of this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective nominees, heirs, successors, assigns, and legal representatives.
24. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.
25. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. All powers and remedies given by this Agreement shall be cumulative and in addition to those otherwise provided by law.
26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following City Council approval.
27. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written instrument duly authorized and executed by both GRANTEE and SUBRECIPIENT.
28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
29. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and costs of collection and enforcement, including reasonable attorney's fees, incurred by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT under this Agreement.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an Subrecipient Agt 2019 - 11/18/19 14
30. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of California shall govern all aspects of this Agreement, including execution, interpretation, performance, and enforcement. Venue for filing any action to enforce or interpret this Agreement will be Kern County, California.
31. HEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
32. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.
Any ambiguity will not be construed in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.
33. NO THIRD PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties other than expressly identified herein. No subcontractor , mechanic, materialman, laborer, vendor, or other person hired or retained by SUBRECIPIENT shall have any rights hereunder and shall look to SUBRECIPIENT as their sole source of recovery if not paid. No third party may enter any claim or bring any such action against GRANTEE under any circumstances. Except as provided by law, or as otherwise agreed to in writing between GRANTEE and such person, each such person shall be deemed to have waived in writing all right to seek redress from GRANTEE under any circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all contracts/subcontracts.
34. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any such right preclude any further exercise thereof or the exercise of any other right. No waiver of any provision of this Agreement or consent to any departure by the SUBRECIPIENT therefrom shall be effective unless the same shall be in writing, signed on behalf of the GRANTEE by a duly authorized officer thereof, and the same shall be effective only in the specific instance for which it is given. No notice to or demand on the SUBRECIPIENT in any case shall entitle the SUBRECIPIENT to any other or further notices or demands in similar or other circumstances, or constitute a waiver of any of the GRANTEE's right to take other or further action in any circumstances without notice or demand.
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Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an Subrecipient Agt 2019 - 11/18/19 15
35. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or other advice as it has deemed necessary and declares that in no manner has it relied on GRANTEE, it agents, employees or attorneys in entering into this Agreement.
36. PRECEDENCE OFDOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement will control.
37. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement at Arvin, California, the day and year first above written.
Addresses:
CITY: SUBRECIPIENT:
City of Arvin Self-Help Enterprises
Attention: Jeff Jones Attention: Susan Long
City Manager Program Director
200 Campus Drive 8445 W Elowin Ct
Arvin, CA 93203 Visalia, CA 93290
Phone: (661) 854-3134
FAX: (661) 854-0817
Phone: (559)802-1630
FAX: (559) 651-3634
Attachments:
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSEDBUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERALAWARDS
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an CDBG Subrecipient Ag! 2018 - 4/5/18 16
IN WITNESS WHEREOF, the parties have executed this Agreement at Kern, California, the day and year first above written.
GRANTEE SUBRECIPIENT
SELF-HELP ENTERPRISES
Jeff Jones, City Manager
CITY:
City of Arvin
Attention: Jeff Jones
City Manager
200 Campus Drive
Arvin, CA 93203
Phone: (661) 854-3134
FAX: (661) 854-0817
---------------------------------------------
Thomas Collishaw, CEO/President
SUBRECIPIENT:
Self-Help Enterprises
Attention: Susan Long
Program Director
8445 W Elowin Ct
Visalia, CA 93290
Phone: (559) 802-1630
FAX: (559) 651-3634
Attachments :
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIRMENTS
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 17 EXHIBIT A
SCOPE OF WORK
Matrix Code:
National Objective:
CDBG Eligibility:
14A Rehab: Single-Unit Residential
LMH
24 CFR 570.202
Project Description:
Self-Help Enterprises will offer a housing rehabilitation program:
1) Housing Rehabilitation Program for owner occupied income eligible households citywide that provides for the repair of multiple household systems that threaten a household's health, general well-being or safety and/or subjects the households to live without basic plumbing, electrical, heating, cooling or security .
Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description of each activity assisted with CDBG funds, including its location, the amount of CDBG funds budgeted, obligated and expended for the activity, and the eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with the applicable requirements listed in Sec. 570.502, including source documentation.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 18 The project file must document how the CDBG funds are expended. Such documentation must include, to the extent applicable:
• Invoices with supporting documentation
• Evidence that adequate procurement practices were in place and followed • Schedules containing comparisons of budgeted amounts and actual expenditures,
• Construction progress schedules signed by appropriate parties (e.g., general contractor and/or a project architect), if applicable • Other documentation appropriate to the nature of theactivity National Objective Compliance - Low Mod Housing Activities (LMH) - Owner
The SUBRECIPIENT shall maintain records for each owner-occupied unit, including:
• The total cost of the activity, including both CDBG and non-CDBG funds. • a determination of beneficiary's household size and estimated annual income (as defined under the 24 CFR 5.609) completed and signed by the SUBRECIPIENT supported by documentation such as pay stubs and other accepted forms of income verification.
SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE are clearly identified as a subaward and include the following information:
• SUBRECIPIENT NAME: Self-Help Enterprises
• Subrecipient ID (DUNS): 056179906
• State Award Identification Number:
• State Award Date:
• Period of Performance:
• Funds Obligated by this Agreement: CDBG
• Total Funds Obligated to SUBRECIPIENT: $550,000
• Total Amount of the Award: $2,000,000
• Award project description: See Exhibit A - Scope of Work • Name of awarding agency: CA Dept. of Housing and Community Development • Name of pass-through entity: City of Arvin, California • Award Official Contact Information: See Section 18 - Notices • CFDA Number: 14.218
• CFDA Name: Community Development Block Grant
• Identification of R&D: No
• Indirect cost rate for the Federal award: 20.25%
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 19 EXHIBIT B
PROPOSED BUDGET
# Line Item Approved
Budget
1 General Administration (Public Service Grant-Navigation Center)
$17,290
2 General Administration (Housing Rehabilitation) $32,710 3 Other: Housing Rehabilitation Loans and Activity Delivery $467,290 TOTAL $517,290
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 20 EXHIBIT C
INSURANCE REQUIREMENTS
Agreement between City of Arvin ("CITY ")
and Self-Help Enterprises ("SUBRECIPIENT")
HOME REPAIR PROGRAMS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury, " "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Professional Liability (Errors andOmissions) that includes Cyber Liability (Privacy and Data breach) insurance appropriate to SUBRECIPIENT profession.
MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 21 1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed
operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the
State of California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions) & (Privacy & Data breach coverage):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for payment of any self-insured retentions. Any deductibles or selfinsured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY's Risk Manager or designee. At the option of the CITY's Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or
(ii) SUBRECIPIENT shall provide a financial guarantee,
satisfactory to CITY's Risk Manager or designee,
guaranteeing payment of losses and related investigations,
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 22 claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. SUBRECIPIENT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11
85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, SUBRECIPIENT's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of SUBRECIPIENT's insurance and shall not contribute with it.
SUBRECIPIENT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 010413.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SUBRECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) with Cyber Liability insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by
SUBRECIPIENT.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 23 first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by
SUBRECIPIENT, SUBRECIPIENT must purchase "extended
reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. SUBRECIPIENT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, SUBRECIPIENT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SUBRECIPIENT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release or diminish the liability of SUBRECIPIENT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its principals, officers , agents, employees, persons under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be performed under this Agreement , SUBRECIPIENT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter intoa separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 24 documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SUBRECIPIENT will be solely responsible for ensuring that it's subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, SUBRECIPIENT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 25 EXHIBIT D
CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Arvin or any of its agents? □
2 Do you represent any firm, organization or person who is in litigation with the City of Arvin? □
3 Do you currently represent or perform work for any clients who do business with the City of Arvin? □
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Arvin, or in a business which is in litigation with the City of Arvin? □ 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Arvin employee who has any significant role in the subject matter of this service? □ 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? □ ·r&
* If the answer to any question is yes, please explain in full below.
Explanation:
--
: -- -- · :- -
Date
Thomas J. Collishaw
President/CEO
Print Signature Name
Self-Help Enterprises
8445 W Elowin Ct
Visalia, CA 93290
Additional page(s) attached.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 26 EXHIBIT E
CONTRACT PROVISIONS FOR NON-FEDERALENTITY CONTRACTS
UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an 27 inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonFederal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR 180 that
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an implement Executive Orders 12549 (3 CFR Part 1986 Comp., p.189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (K) See §200.322 Procurement of recovered materials.
5.C.8
Attachment: ARV CDBG Subrecipient Agreement_052422 (A Public Hearing for Discussion of CDBG Application and Reso Approving an City of Arvin’s Budget Workshop 5-24-22
• Designed to educate the council and citizens:
• On major items impacting the FY 22/23 proposed budget. • This workshop will present line-item information for the general fund. Other funds will be presented at the next workshop. • Be advised that the information provided is preliminary and subjected to further reviews.
• Capital projects update on the FY 22/23 budget will be provided:
• At the June 14, 2022 council meeting.
• A formal adoption of the FY 22/23 budget will be scheduled:
• At the June 14, 2022 council meeting.
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) Fiscal Year 21/22 update
Between CARES and ARPA act revenue and continuing strong sales tax revenue, the City is looking at closing FY 21/22 with a surplus of $300,000 for the fiscal year.
The City will also achieve its emergency reserve target of 25 percent of one year’s general fund expense spending.
Inflation will continue to have a major impact on the cost of supplies and services. Supply chain issues will continue, thus increasing lead times on purchasing needed materials.
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) Fiscal Year 22/23 General Fund budget first look
– Revenue: $7,864,430 which is an increase of $947,000 from revised FY 21/22 final budget.
– Expense: $7,846,166 which in an increase of $1,019,000 from revised FY 21/22 final budget.
– Net result (Revenue less Expense) = +$17,964 for the FY. – This budget includes $100,000 for contingency expenses.
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) FY 22/23 Revenue increases over PY budget
• Cannabis $150,000
• Sales Tax $495,000*
• Building Permits (up 8%) $173,000
• VLF (up 3%) $ 63,000*
*Revenues was intentionally budgeted low for last year’s budget due to uncertainties regarding COVID-19’s impact on the local economy
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) New Staff Arriving!
This year’s budget includes the following hires:
4 additional police officers
2 additional public works
1 additional administrative support
Increasing the part-time animal control and
part-time dispatch positions to full time.
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) Salaries and Benefits…
Due to the 4-year contract agreed by both of the
City’s unions in 2021, in addition to the increased
staff mentioned earlier, the only adjustments to
salaries and benefits are the items contracted within
the bargaining agreements.
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) America Rescue Plan
Arvin received $5.2 million in funds from the
America Rescue Plan act. Last year the City
Council budgeted the following expenditures
using this revenue source:
Kern County Fire Contract (FY23-25) $622,000
Streets and Roads (FY 22-25) $1,500,000
…continued
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) America Rescue Plan
Park Improvements, Repairs, and Deferred
Maintenance (FY 22-25) $ 1,100,000
Police/City Hall/CDD Refurb $ 200,000
Employee related (FY 22-25) $ 800,000
Wastewater Plan Repairs $ 500,000
Economic Development (FY 23-25) $ 500,000
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) Next Steps
• Receive advice and guidance (direction) from City Council on any changes or adjustments to the proposed line items presented tonight. This includes any possible budget
adjustments to the America Rescue Plan funds.
• Include any changes or adjustments in the final version of the budget which will be presented to City Council for
adoption on June 28, 2022.
7.A.1
Attachment: Gen fund workshop 5.24.22 (Budget Workshop - General Fund FY 2022-2023) City of Arvin - General Fund Revenue Analysis
Fiscal Year 2020 - 2021 actual, 2021 - 2022 final budget and 2022 - 2023 preliminary budget
FY 20/21 FY 21/22 FY 22/23
GL Acct Name Audited Final Budget Preliminary
4001 ADMINISTRATIVE SERVICE $ 296,698 $ 315,692 $ 320,000 4003 ANIMAL LICENSES $ 52 $ 2,000 $ 2,000
4011 BUILDING PERMITS $ 176,235 $ 200,000 $ 250,000
4013 BUSINESS LICENSE $ 27,668 $ 33,300 $ 29,000
4017 SB1186 City $ 1,808 $ 2,500 $ 2,000
4021 Peddler Licenses $ 130 $ 500 $ -
4022 PLAN CHECK FEES $ 49,772 $ 60,000 $ 60,000
4023 BL LATE FEE $ 1,400 $ 1,000 $ 1,000
4030 ELECTRIC FRANCHISE $ 127,358 $ 127,348 $ 138,000
4036 ALARM PERMIT FEES $ - $ 500 $ -
4037 PLANNING FEES $ 79,558 $ 80,000 $ 70,000
4038 REFUSE FRANCHISE $ 245,695 $ 270,000 $ 270,000
4039 GAS FRANCHISE $ 27,493 $ 25,000 $ 29,000
4040 INTEREST INCOME $ 38,920 $ - $ -
4042 OTHER PERMIT FEES $ 775 $ - $ 5,000
4043 PERMIT ISSUE FEES $ 10,374 $ 11,000 $ 15,000
4047 ENCROACHMENT PERMIT $ - $ 5,000 $ 5,000
4049 MISC GRANT REVENUE $ 4,273 $ - $ -
4054 MISCELLANEOUS $ 20,739 $ 7,667 $ 14,000
4057 VLF IN-LIEU $ 2,110,566 $ 2,182,838 $ 2,355,430
4062 POLICE SERVICES $ 7,461 $ 12,000 $ 10,000
4063 PUBLIC SAFETY IMPACT FEE $ 150 $ - $ -
7.A.2
Attachment: Gen Fund rev exp v 5.09.22 (Budget Workshop - General Fund FY 2022-2023) City of Arvin - General Fund Revenue Analysis
Fiscal Year 2020 - 2021 actual, 2021 - 2022 final budget and 2022 - 2023 preliminary budget
FY 20/21 FY 21/22 FY 22/23
GL Acct Name Audited Final Budget Preliminary
4064 PROPERTY TAX - SECURED $ 306,357 $ 246,317 $ 260,000 4067 INSPECTION FEES $ 1,639 $ 1,600 $ 2,000
4068 PROPERTY TAX - TRANSFERS $ 46,490 $ 19,000 $ 40,000 4072 RENT INCOME $ 33,503 $ 29,000 $ 52,000
4073 LIVE SCAN FEES $ 227 $ 5,000 $ 5,000
4078 SALES TAX REVENUE $ 963,650 $ 882,905 $ 1,050,000
4081 LOCAL 1% SALES TAX $ 2,277,824 $ 1,772,016 $ 2,100,000 4084 RESTITUTION PMTS $ 600 $ 1,000 $ 1,000
4094 REVENUE-TRAFFIC $ 15,249 $ 14,000 $ 18,000
4098 TV CABLE FRANCHISE $ 46,094 $ 46,094 $ 47,000
4099 TRANSFERS-IN $ 1,002,816 $ - $ -
4104 CITATIONS - ORDINANCE $ 8,968 $ - $ -
4124 DEVELOPMENT AGREEMENT $ - $ 3,000 $ 3,000
4131 CELL TOWER RENTAL $ 10,902 $ 10,533 $ 11,000
4132 ELECTIONS $ 240 $ - $ -
4170 Commercial Cannabis-Manufacture $ 10,075 $ 100,000 $ 100,000 4171 Commercial Cannabis-Cultivation $ 11,534 $ 200,000 $ 200,000 4172 Commercial Cannabis-Distribution $ 6,354 $ 50,000 $ 100,000 4173 Commercial Cannabis-Delivery $ 141,359 $ 200,000 $ 300,000 TOTAL GEN FUND REVENUE $ 8,111,006 $ 6,916,810 $ 7,864,430
7.A.2
Attachment: Gen Fund rev exp v 5.09.22 (Budget Workshop - General Fund FY 2022-2023) City of Arvin - General Fund Revenue Analysis
Fiscal Year 2020 - 2021 actual, 2021 - 2022 final budget and 2022 - 2023 preliminary budget
FY 20/21 FY 21/22 FY 22/23
GL Acct Name Audited Final Budget Preliminary
Revenues 8,111,006 6,916,810 7,864,430
Expenses (6,438,831) (6,828,617) (7,846,466)
NET 1,672,175 88,193 17,964
7.A.2
Attachment: Gen Fund rev exp v 5.09.22 (Budget Workshop - General Fund FY 2022-2023) City of Arvin - General Fund Expense Analysis
Fiscal Year 2020 - 2021 audited, 2021 - 2022 final budget and 2022 - 2023 preliminary budget
FY 20/21 FY 21/22 FY 22/23
GL Acct Name Audited Final Budget Preliminary
5001 SALARY - FULLTIME $ 2,106,848 $ 2,701,907 $ 3,251,916 500x IN LIEU LEAVE PAYMENTS $ - $ - $ 100,000
5003 SALARY - OVERTIME $ 314,679 $ 286,200 $ 340,000
5004 SALARY - PARTTIME $ 17,227 $ 15,000 $ -
5005 MAINTENANCE $ 19,729 $ 3,474 $ 3,000
5006 MAINTENANCE - JAIL $ - $ 1,530 $ 1,500
5007 Educational Reimbursement $ 14,937 $ 7,650 $ 10,000 5008 MAINTENANCE - OTHER $ 49,958 $ 68,968 $ 69,000
5009 PAYROLL TAXES $ 223,403 $ 229,493 $ 258,237
5011 P.E.R.S. $ 259,718 $ 315,409 $ 333,336
5012 MAINTENANCE - VEHICLE $ 32,688 $ 42,287 $ 26,000
5013 RISK MANAGEMENT $ 137,356 $ 150,231 $ 90,000
5014 WORKMAN COMP $ 189,592 $ 215,996 $ 260,153
5015 MEDICAL INSURANCE $ 311,846 $ 368,319 $ 490,074
5016 OFFICE SUPPLIES $ 16,130 $ 20,950 $ 23,700
5018 LEGAL EXPENSE $ 214,424 $ 250,498 $ 245,000
5019 SETTLEMENT EXPENSE $ 120,000 $ - $ -
5021 TRAINING $ 10,055 $ 39,300 $ 57,000
5022 LICENSES, PERMITS & FEES $ 2,233 $ 3,600 $ 5,500
5023 UNIFORMS $ 20,278 $ 22,850 $ 27,600
5026 POSTAGE $ 9,490 $ 11,300 $ 8,300
5027 KERN CTY. FIRE SERVICES $ 658,142 $ 694,350 $ 694,350 5030 PRISONER MEALS $ - $ 500 $ 500
5031 striping/paving SB1 gen fund $ - $ - $ -
5034 PROFESSIONAL SERVICES $ 276,383 $ 363,546 $ 209,000 5035 OUTSIDE ADMIN/REGULA $ 150 $ 1,600 $ 2,000
5036 COMMUNICATIONS $ 4,974 $ 4,100 $ 6,500
5039 Street Sweep- SB1 gen fund $ - $ - $ -
5040 SAFETY EQUIPMENT $ 4,808 $ 7,000 $ 11,000
5043 STREETS - SIGNS & BAR $ - $ - $ -
5046 COMMUNITY EXPENSE $ 714 $ 7,500 $ 8,500
5050 BANK SERVICE CHARGES $ 10,890 $ 6,000 $ 10,000
5051 INTERPRETER SERVICES $ 100 $ 6,600 $ 4,000
5052 CAPITAL EXPENSE $ 44,891 $ - $ -
5053 CJIS-CLET INFO SYSTEM $ 840 $ 1,100 $ 1,000
5054 CONTRACT SERVICES $ 37,331 $ 25,000 $ 135,000
5056 TELEPHONE $ 36,090 $ 36,020 $ 39,900
5058 TRAVEL & CONFERENCES $ 100 $ 3,000 $ -
5060 UTILITIES EXPENSE $ 157,039 $ 179,580 $ 189,600
5062 DUES AND SUBSCRIPTIONS $ 28,570 $ 36,100 $ 35,000
5068 ELECTIONS EXPENSE $ 2,979 $ 3,000 $ 3,000
5070 ENGINEERING SVC $ 38,773 $ 10,000 $ 10,000
7.A.2
Attachment: Gen Fund rev exp v 5.09.22 (Budget Workshop - General Fund FY 2022-2023) 5072 EQUIPMENT - LEASE $ 12,175 $ 2,000 $ 16,500
5076 EQUIPMENT - SPECIAL $ 467 $ 650 $ 4,000
5077 OUTSIDE SERVICES $ 6,018 $ 8,478 $ 10,000
5080 FUEL EXPENSE $ 33,887 $ 40,700 $ 43,000
5082 ADVERTISING $ 19,923 $ 19,800 $ 19,000
5091 EMPLOYEE COSTS $ 3,401 $ 8,000 $ 5,000
5092 INTEREST EXPENSE $ - $ 1,000 $ 1,000
5093 op trans out - cdd $ 458,272 $ - $ -
5094 SHOP SUPPLIES $ 2,792 $ 5,000 $ 5,000
5095 PLAN CHECK SERVICES $ 21,092 $ 16,000 $ 5,000
5096 LAB SUPPLIES $ 703 $ 1,000 $ 1,000
5097 VETERINARY COSTS $ 373 $ 1,000 $ 8,000
5100 IT SYSTEMS SUPPORT $ 254,274 $ 210,000 $ 303,000
5107 REFUSE COSTS $ 17,834 $ 28,000 $ 20,000
5109 AUTO ALLOWANCE $ 4,161 $ 4,800 $ 4,800
5112 FLOOD INSURANCE $ 7,913 $ 8,425 $ 9,000
5113 UNEMPLOYMENT INS COSTS$ 3,051 $ - $ -
5116 PRINCIPAL $ 18,421 $ 75,806 $ 74,500
5125 PERS - CATCH UP $ 201,394 $ 258,000 $ 258,000
5198 MISC EXPENSE $ (685) $ - $ -
5999 CONTINGENCY $ - $ - $ 100,000
TOTAL GEN FUND EXPENSE $ 6,438,831 $ 6,828,617 $ 7,846,466
7.A.2
Attachment: Gen Fund rev exp v 5.09.22 (Budget Workshop - General Fund FY 2022-2023)