actions that support housing growth and retention across all income levels. Housing Elements must be updated at least every eight years with mandatory review and certification by the State Department of Housing and Community Development (HCD).
The City’s Housing Element was most recently updated and certified by HCD in 2015 and is synchronized with the Regional Housing Need Allocation (RHNA) process. The City must submit the updated and adopted Housing Element to HCD by February 15, 2023.
The initial step in the Housing Element Update process is for the Santa Barbara County Association of Governments (SBCAG) to prepare the RHNA for the Santa Barbara County region. The RHNA process is undertaken before each Housing Element cycle. It entails determining regional housing need by HCD, allocating a share of the regional housing need to the County and each jurisdiction in the region by SBCAG, incorporating the respective housing allocation number into each jurisdiction’s Housing Element within the statutory eight-year timeframe, and amending land use and zoning maps to allow for any additional housing capacity required.
SBCAG initiated this process in 2020, and the final RHNA Plan was approved by the SBCAG Board of Directors during its July 15, 2021, meeting. City Planning staff members were actively engaged throughout the determination process. The Countywide RHNA determination for Santa Barbara County is 24,856 housing units for the upcoming cycle of 2023–2031. The City’s RHNA allocation is 8,001 housing units, significantly more than the previous RHNA allocation (4,099 units). Analysis of buildout scenarios in the updated Housing Element will review existing and projected zoning capacity with the RHNA allocation.
City of Santa Barbara Regional Housing Need Allocation by Income Level Very Low
0% − 50% AMI
Low
50% − 80% AMI
Moderate
80%− 120% AMI
Above Moderate
120% + AMI Total Units
2,147 1,381 1,441 3,032 8,001
The Housing Element update schedule includes public outreach, research, and data analysis from spring to summer 2022, an admininstrative draft for public and HCD review by early fall 2022, public hearings starting in late fall 2022, and City Council adoption by February 2023.
Safety Element Update
The Safety Element is also one of the required elements of the City’s General Plan. The Safety Element’s goal is to reduce the potential short and long-term risk of death, injury, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards. The Safety Element was last updated in 2013. Subsequent changes to the Government Code require review and updating of the Safety Element upon each revision of the Housing Element or Local Hazard Mitigation Plan to identify new information relating to flood and fire hazards Council Agenda Report
Initiation Of A General Plan Amendment To Update The Housing Element And Safety Element
March 29, 2022
and climate adaptation and resiliency strategies that were not available during the previous revision of the Safety Element. In addition to the Housing Element update, the Local Hazard Mitigation Plan is being updated in 2022; therefore, the Safety Element requires an update in accordance with state law.
The update to the Safety Element is not required by a certain date per state law; therefore, this work effort will follow the Housing Element Update and will be programmed for Fiscal Year 2024. It is anticipated that most, if not all, of the Safety Element update components can be prepared by Long Range Planning staff with assistance from other City departments.
BUDGET/FINANCIAL INFORMATION:
A Regional Early Action Planning (REAP) Grant from HCD was allocated to SBCAG, which distributes the funds to jurisdictions throughout the County based on the jurisdiction’s proportion of the RHNA allocation. The City of Santa Barbara is eligible for $499,374 in state grant funds, which can cover the costs of consultants and staff associated with updating the Housing Element. A request for proposals/qualifications for consultants to prepare the updated Housing Element was posted online twice and no proposals were submitted. Staff followed up with several likely consultant firms and found that they declined to bid due to workload issues.
Due to the lack of proposals from consultants to lead the Housing Element update, the Planning Division reprioritized other work efforts and allocated most of the Housing Element update tasks to Long Range Planning staff. Staff identified several tasks that require outside technical assistance and have been in discussion with individuals and firms that can provide this assistance with professional services contracts. Accordingly, the REAP funds will be used for these individual consultant contracts and to cover staff time.
Appropriating $40,000 of the available REAP Grant funding will allow for flexibility in contracting for professional services and provide funding to hire hourly staff to support the project. In the event that consultants capable of providing the required technical assistance become available, staff will have the ability to enter into a professional services agreement totaling up to $35,000 without returning to Council for approval. Establishing available funding for professional services will allow staff to respond quickly to changes in consultant availability and meet state established deadlines for a locally adopted Housing Element Update.
PREPARED BY: Rosie Dyste, Project Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 29, 2022
TO: Mayor and Councilmembers
FROM: Facilities Division, Public Works Department
SUBJECT: Contract For Construction Of The Central Library Renovation Project RECOMMENDATION: That Council:
A. Award a contract with Nationwide Contracting Services, Inc. in their low bid amount of $9,387,750 for the construction of the Central Library Renovation Project, Bid No. 4065; and authorize the Public Works Director to execute the contract and approve expenditures up to $938,775 to cover any cost increases that may result from contract change orders for extra work;
B. Approve an increase in Fiscal Year 2022 appropriations in the Measure C Capital Fund, funded from reserves, in the amount of $1,055,609 for the Central Library Renovation Project in the Measure C Fund;
C. Approve the transfer of $1,500,000 of Fiscal Year 2022 available appropriations from Facilities Projects in the Measure C Capital Fund to the Central Library Renovation Project in the Measure C Fund; and
D. Approve the transfer of $900,000 of Fiscal Year 2022 available appropriations from Streets Projects in the Measure C Capital Fund to the Central Library Renovation Project in the Measure C Fund.
EXECUTIVE SUMMARY:
The Central Library Renovation Project (Project) is comprised of three independently permitted facilities projects. The construction costs budget is $10,326,525, including the low-bid contract price and the recommended change order authority of ten percent.
Project administration is anticipated to be $358,769, and includes special inspections, a Community Workforce Agreement (CWA) Coordinator, Architect construction administration, City project management, and a recommended change order authority of ten percent for Architect construction administration services. The project includes a budget of $275,000 for furniture, fixtures, and equipment. The total combined anticipated project costs are $10,960,294.
Agenda Item No. 18
File Code No. 570.04
Council Agenda Report
Contract For Construction Of The Central Library Renovation Project March 29, 2022
DISCUSSION:
The Project, which is located at 40 East Anapamu Street, has three separate components with different scopes of work. Due to a number of factors including design completion timing, financial efficiencies realized through mobilizing a single construction contractor, and expedited scheduling under a single contractor, City staff has decided to combine the three components under one master contract. The following is a brief description of the scope of work for each component:
Plaza Renovation (BLD2020-02249). On October 5, 2021, a permit was approved for the construction of the plaza improvements that include a new accessible ramp that connects the upper plaza to the lower plaza, new hardscape throughout, new lighting, new planters, and new drought tolerant landscaping.
Americans with Disabilities Act (ADA) Elevator (BLD2020-02554). On November 11, 2021, a permit was approved for the construction of a new ADA compliant elevator. The new elevator will create continuity for an accessible path of travel from the main entry level to upper and lower levels of the Central Library facility.
Lower Level Staff Area Renovation (BLD2021-01067). On December 3, 2021, a permit was approved for the construction of the lower level staff area. The improvements include a new enclosed conference room, lights, heating, ventilation, and air conditioning, flooring, kitchen upgrades, and improved circulation for business operations.
Due to the current supply chain and materials availability, the Project is anticipating a soft start beginning the first week of April. This soft start initiates a procurement period for roughly three months to allow for the contractor to obtain the materials to begin construction. The groundbreaking is expected to start construction in early July, 2022.
Project improvements will enable the City to enhance the Library’s programming, as well as complete the removal of the ADA barriers in accordance with the City of Santa Barbara’s ADA Transition Plan. The Central Library will be more usable, comfortable, safe, and serve as a community center for all to enjoy.
BUDGET/FINANCIAL INFORMATION:
Contract Bids
A total of two bids were received for the Project, ranging as follows:
BIDDER BID AMOUNT
1. Nationwide Contracting Services, Inc. $9,387,750
2. Pueblo Construction, Inc. $9,931,567
The apparent low bid of $9,387,750, submitted by Nationwide Contracting Services, Inc., is an acceptable bid that is responsive to, and meets the requirements of the bid Council Agenda Report
Contract For Construction Of The Central Library Renovation Project March 29, 2022
specifications and is within six percent of the most recent engineer’s estimate of $8,870,880. The City extended the due date for bids twice in order to provide ample opportunity for multiple competitive bids
The change order funding recommendation is $938,775, which is typical for a project of this size and complexity.
Project Costs
ESTIMATED PROJECT COST
Description Basic
Contract
Change
Funds Total
Nationwide Contracting Services $9,387,750 $938,775 $10,326,525 Furniture, Fixtures, and Equipment $250,000 $25,000 $275,000 Construction Administration $100,100 $10,010 $110,110
CWA Coordinator $56,000 $5,600 $61,600
Special Inspections $91,974 $9,197 $101,171
City Project Manager $78,080 $7,808 $85,888
TOTAL ESTIMATED PROJECT COST $10,960,294
Funding
Funding for the Project includes $7,571,671 in Measure C capital improvement funds, $160,858 in General Fund capital allocations, and $92,417 in Facilities capital improvement funds. The Library Foundation will contribute an additional funding of $3,135,348 from private donations through the results of a capital campaign by the Santa Barbara Public Library Foundation. The following summarizes the funding recommended in this report:
Measure C Fund – Central Library ADA Elevator $1,944,605 Measure C Fund – Library Plaza Renovation $1,264,284
Measure C Fund – Central Library Staff Workspace Renovation $907,173 Measure C Fund – Reserves $1,055,609
Measure C Fund – Facilities Projects Transfer $1,500,000 Measure C Fund – Streets Projects Transfer $900,000
General Fund – Central Library Staff Workspace Renovation $160,858 General Fund – Facilities Capital Improvement Funds $92,417 Capital Campaign – Library Plaza Renovation $3,135,348
Total Funding $10,960,294
Council Agenda Report
Contract For Construction Of The Central Library Renovation Project March 29, 2022
Fiscal Year 2022 – Transfer of Project Appropriations
The following projects will have Fiscal Year 2022 budgeted appropriations transferred to the Central Library Renovation Project. These projects are not expected to require the use of funds in the closing months of Fiscal Year 2022. The Fiscal Year 2023 recommended budget will include the restoration of funding to these projects.
Carrillo Gym Minor Renewal $ 660,000
City Hall Plumbing & Restroom Upgrades $ 350,000
Minor Renewal - La Mesa Park Restroom $ 145,000
De La Guerra Plaza Revitalization $ 400,000
Public Works Corporate Yard Repaving $ 95,000
Annex Yard Parking Lot Repaving $ 250,000
Traffic Management System $ 500,000
Total Funding $2,400,00
A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].
SUSTAINABILITY IMPACT:
The Project design and construction goal includes improvement to storm water pollution reduction through permeable pavers, increased efficiencies of lighting and air circulation in staff area, and enhanced water conservation through new drought tolerant landscaping.
The City’s Municipal Green Building Policy will be implemented which will monitor and encourage the use of recycled materials and meet the City’s 75 percent of waste diversion goal.
ENVIRONMENTAL REVIEW:
The Project is categorically exempt from the California Environmental Quality Act (CEQA). Projects which meet the criteria more fully described under CEQA Guidelines Section 15301, Existing Facilities and the Santa Barbara Municipal Code Chapter
22.100.070.C.1, have been determined to result in less than significant environmental effects and are therefore exempt from the provisions of CEQA. CEQA Guidelines Section 15301 specifies that that categorical exemptions in this class include “…minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” SBMC Chapter
22.100.070.C.1(i) specifies that that categorical exemptions in this class include “Minor interior and exterior repairs and alterations to historic resources unless there is substantial evidence that the project will cause adverse change in the significance of a historical resource…” None of the exceptions listed under CEQA Guidelines Section 15300.2 apply.
Council Agenda Report
Contract For Construction Of The Central Library Renovation Project March 29, 2022
Planning staff determined that environmental impacts would be less than significant based on a review of existing site conditions and information within the City Master Environmental Assessment Report. While the site contains existing designated City Landmarks including the Central Library, Faulkner Gallery, and five Corymbia trees, no work is proposed that would alter these resources. The City Urban Historian reviewed the project and determined that there would be no adverse impacts to designated historic resources. The project site is located in an archaeologically sensitive zone and several archaeological investigations have been previously conducted at the site and in the vicinity. Recommendations from these reports would implemented to minimize potential impacts in the unlikely event that a resource is inadvertently discovered.
PREPARED BY: Angela Oslund, Facilities Manager/JW/td
SUBMITTED BY: Clifford M. Maurer, P.E, Public Works Director APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 29, 2022
TO: Mayor and Councilmembers
FROM: Community Development Department
SUBJECT: Resolution Of Intention To Establish Coast Village Community Benefit Improvement District
RECOMMENDATION: That Council:
A. Adopt a Resolution of Intention to Form the Coast Village Community Benefit Improvement District (Coast Village CBID); Approve the Management District Plan and Engineer’s Report; and Set in Motion the Balloting by Directing the City Clerk to Mail Ballots to the Proposed Coast Village Community Benefit Improvement District Property Owners; and
B. Set a date for Public Hearing on June 7, 2022.
EXECUTIVE SUMMARY:
Santa Barbara Municipal Code 4.45.020 was adopted on March 9, 2021, enabling the establishment of Community Benefit Improvement Districts (CBID). Subsequently, an effort to establish a Coast Village CBID was launched by the Coast Village Association.
In January 2022, the Coast Village Association mailed a petition, cover letter, summary Management District Plan, and return envelope to Coast Village area property owners within the Coast Village Road area. The petition area ranges from Olive Mill Road to Hot Springs Road, including the properties along Los Patos Way and Coast Village Circle.
The proposed District consists of 115 parcels owned by 94 property owners.
The petition was signed by property owners representing at least 30% of the total proposed assessment obligation. The City Council may (but is not obligated to) initiate proceedings to establish the proposed Coast Village CBID.
Agenda Item No. 19
File Code No. 610.04
Council Agenda Report
Resolution Of Intention To Establish Coast Village Community Benefit Improvement District
March 29, 2022
DISCUSSION:
Background
In 2020, in response to the economic impact of the pandemic, potential impacts from 101 freeway construction, and property owners’ interest in improving the Coast Village area, the Coast Village Association submitted to the City Administrator’s Office a funding request and recommendation for the City to adopt a local enabling ordinance to establish community benefit improvement districts (CBIDs). The request expressed strong stakeholder support in forming a CBID for the Coast Village area. CBIDs are special benefit districts created for the purpose of establishing a stable revenue source to fund special benefit services within a targeted business district. Property owners within a district, once approved through a Proposition 218 public hearing process, would pay property assessments to fund special services above and beyond general municipal service levels. The Coast Village Association hired New City America, a company specializing in special benefit district formation and management, to investigate the viability of a property assessment district.
In March 2021, the CBID ordinance was adopted, providing the process by which the Coast Village CBID could be formed. In addition, the Council approved a $30,000 loan to the Coast Village Association to help cover payment for the CBID formation documents.
In late January 2022, petition packets including a cover letter, summary Management District Plan, petition, and return envelope were mailed to each property owner within the proposed Coast Village CBID. The petition return deadline was March 11, 2022. Property owners representing 49.48 percent of the total assessments proposed have submitted signed petitions in support of the formation of the Coast Village CBID (Attachment), which exceeds the 30 percent minimum required and allows Council to move forward with the Resolution of Intention, balloting, and public hearing.
The development and implementation of a Coast Village CBID has the potential to improve one of Santa Barbara’s key business districts and provide the resources to support the businesses in the area. The investment and engagement of property owners in the appearance and activities in Coast Village will help these owners attract quality tenants and will help these tenants and their businesses be more successful. The proposed CBID can also help sustain a robust and vibrant commercial district with both increased property values and higher sales.
Balloting Process
The Resolution of Intention to form the Coast Village CBID sets in motion the balloting, schedules the public hearing for June 7, 2022, approves the Management District Plan and Engineer’s Report, and directs the City Clerk to mail ballots to the proposed CBID property owners. If the Coast Village CBID is established, an annual assessment will be Council Agenda Report
Resolution Of Intention To Establish Coast Village Community Benefit Improvement District
March 29, 2022
collected from each property owner on their County property tax bills beginning with the bill due on December 2022.
Benefit Zone Boundaries
The proposed Coast Village CBID comprises approximately six square blocks consisting of 115 parcels owned by 94 property owners. The district will consist of two benefit zones, with district boundaries generally defined as:
Northern Boundary
The northern boundary of the proposed CBID commences at parcel 760-1-10-000 at Olive Mill Road and continues, running westward, to include the northern boundary of each parcel fronting Coast Village Road on the northern side of the street up to parcel 211- 038-000.
Western Boundary
The western boundary of the proposed CBID is to be found in Benefit Zone 2, south of the 101 freeway, and ends at parcel 391-001-000 on the far west end of Los Palos Way.
Southern Boundary
The southern boundary of the proposed CBID includes all of the parcels fronting along the 101 freeway in Benefit Zone 1 and continues with the parcels on the north side of Los Palos Way in Benefit Zone 2.
Eastern Boundary
The eastern boundary of the proposed CBID comprises the two parcels on Olive Mill Road, parcel 760-1-10-000 and parcel 293-007-000.
Assessment and Services
Total revenue in the proposed CBID is calculated to be $296,749.00 in the first year of assessment. The legal property owners or authorized representatives composing a minimum of 30% of the total assessments ($89,025.00) must have signed and returned the petition to form Coast Village CBID in order for a resolution of intention to be introduced to Council.
Per the Assessment Engineer’s Report (exhibit to the resolution), the initial term for the CBID is five years and the term for renewal may be up to 20 years. The plan and report include a provision that the CBID may be dissolved in the same manner in which it was formed. It also establishes the metrics to calculate each parcel’s special assessment.
There will be five factors used in the determination of proportional costs to the parcels in the District. These five factors are:
Linear frontage on all sides (excluding alleys)
Lot square footage or the footprint of the parcel
Council Agenda Report
Resolution Of Intention To Establish Coast Village Community Benefit Improvement District
March 29, 2022
Building square footage
Residential condominiums that currently exist or will be constructed within the District
Location within one of the two geographic benefit zones of the district Benefit Zone 1 parcels will be assessed at a higher rate since they will have the highest frequency of Civil Sidewalks and District Identity services due to the amount of foot traffic in and around the parcels fronting along Coast Village Road in the core area of the District.
The assessment costs of Benefit Zone 1 compared to Benefit Zone 2 costs result in Benefit Zone 2 parcels paying anywhere from 66 to 75 percent of the Zone 1 annual assessments and would receive the proportional service level. This is consistent with the anticipated frequency and type of services each Zone will require. The district map in the Management District Plan specifies the district boundaries and benefit zones.
There are five general categories of services articulated in the Management District Plan.
The chart below illustrates each service’s percentage of the overall budget and its annual expense:
Category of Services Percentage of
budget
1st Year
Allocation
Civil Sidewalks 40% $ 120,000
District Identity and
Placemaking
28% $ 83,000
Administration 18% $ 54,000
Capital Improvements –
Traffic Management
10% $ 30,000
Contingency/Reserve 4% $ 9,749
Total First-Year Budget 100% $ 296,749
The proposed “bundles” of special benefit services are listed below and are supplemental to current City services. Examples of the special benefit services may include, but are not limited to, the following service categories:
Civil Sidewalks:
Beautification of the district
Tree and vegetation maintenance (over and above city services) Maintenance of existing and new public spaces
Installation of and maintenance of landscaping throughout the district Periodic sidewalk and gutter sweeping
Periodic sidewalk steam cleaning
Enhanced trash emptying (over and above city services) Organization and oversight of trash collection
Council Agenda Report
Resolution Of Intention To Establish Coast Village Community Benefit Improvement District
March 29, 2022
Timely graffiti removal, within 24 hours as necessary Possible hiring of contracted professional case workers to respond to the needs of the unhoused population in and around Coast Village Road Personnel to manage the in-house or contracted maintenance and/or landscaping teams
Farmers market assistance
District Identity and Placemaking:
Web site development and updating
Social media, public relations firm
Holiday and seasonal decorations
Events such as the Taste of Coast Village
Branding of the Coast Village CBID properties so a positive image is promoted to the public including the development of a new logo
Banner programs
Public art displays
Public space design and improvements
Personnel to manage the in-house or contracted public relations, web site maintenance or social media contractors
Refurbishment of street signs and monuments
Administration/Program Management:
Staff and administrative costs, contracted or in-house Directors and officers and general liability insurance Office-related expenses
Rent
Financial reporting and accounting
Legal work
Capital Improvements/Traffic Management:
Mitigating the traffic impact on Coast Village Road when the Highway 101 work begins
In cooperation with City of Santa Barbara Traffic Control department, the possible hiring of traffic control officers (approved by the City) to help facilitate traffic on days with heavy vehicular density on Coast Village Road Facilitating valet services for busy nights in Coast Village Road Rental of parking lots for convenient parking for visitors on the weekends or busy holidays
Contingency/City and County Fees/Reserve:
Delinquencies, City/County fees, reserves, capital project improvements Council Agenda Report
Resolution Of Intention To Establish Coast Village Community Benefit Improvement District
March 29, 2022
The Assessment Engineer’s Report elaborates on the direct link of the assessments to the services rendered, as required by law. The proposed distribution of revenues by service-level percentages will remain in place for the life of the District unless amended by another petition and balloting process. There is a cost of living increase provision that provides for up to a five percent annual increase in rates at the discretion of the Coast Village CBID management board.
Next Steps
If approved by City Council, the Resolution of Intention initiates the Proposition 218 balloting process. Ballots will be mailed to each property owner, and votes will be returned to the City Clerk. The ballots will be tabulated at a public hearing scheduled for June 7, 2022. The tabulation is weighted based on the value of the total assessment. The owners of the largest properties, with bigger buildings, greater lot size, more street frontage, that are located within a specific benefit zone, will be subject to paying more into the District, and will therefore have their votes count in proportion to what they will pay. A simple majority of the returned weighted ballot is required to form the CBID.
The balloting process defined by State Proposition 218 establishes mandatory time frames between the date of the petition’s submittal and the actual voting to allow sufficient time for every property owner to return their ballots to the City Clerk. It is anticipated that the ballots will be finalized and mailed on April 1 just after the adoption of this Resolution of Intention, with at least 45 days between the mailing of ballots and the public hearing on June 7, 2022, when the ballots will be counted.
BUDGET/FINANCIAL IMPLICATION:
Approval of this resolution does not have a direct fiscal impact on the General Fund; however, if the CBID is formed, the initial General Fund expenditure would receive the $30,000 loan repayment over the first three years of the formation of the district with an anticipated offset over time from an increase in district tax revenues.
ATTACHMENT: Signed Petitions
PREPARED BY: Jason Harris, Economic Development Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: Community Development Department
Corporate Office 2011 W. California Street San Diego, CA 92110 619-233-5009 Fax 619-239-7105 Midwest Office: 300 N. State Street Ste 4710 Chicago Illinois 60654 New England Office: 42 Pearl Street New Bedford, MA 02740 [email protected] www.newcityamerica.com Facebook: New City America, Inc.
March 15, 2022
Mr. Jason Harris
Economic Development Manager
City of Santa Barbara
Sent via e-mail
SUBJECT: Submittal of CBID Petitions for the Coast Village Community Benefit Improvement District
Jason:
We are pleased to submit the minimum threshold of Petitions related to the formation effort of the Coast Village Community Benefit Improvement District.
The Santa Barbara CBD Ordinance, found under Section 4.45 of the local municipal code states that once a minimum of 30% of the weighted property owners demonstrate support through a petition and submit those petitions to the City, the City may then initiate the proceedings for a mail balloting procedure through a Resolution of Intent.
Attached please find petitions representing 49.48% of the total assessments proposed for the district. We have attached the list of those who have signed petitions, a map of the signers and the entire package of petitions signed.
Please confirm receipt of this and we look forward to the Resolution of Intent being adopted by the City Council. Please get back to me should you have any questions.
Sincerely,
Consultant to the Coast Village Association
ATTACHMENT
Coast Village Petition Report
3/15/2022 | 11:27:38 AM
009-291-009 2015 COAST VILLAGE 1206 LLC 1206 COAST VILLAGE CIR
$2,751.86 0.93% Supportive 2/10/22
009-740-003 BLACK VALNER LLC 1255 COAST VILLAGE
RD
$1,003.92 0.34% Supportive 2/21/22
009-740-004 BLACK VALNER LLC 1255 COAST VILLAGE
RD
$521.08 0.18% Supportive 2/21/22
009-740-005 BLACK VALNER LLC 1255 COAST VILLAGE
RD
$488.12 0.16% Supportive 2/21/22
009-740-006 BLACK VALNER LLC 1255 COAST VILLAGE
RD
$889.28 0.30% Supportive 2/21/22
009-740-007 BLACK VALNER LLC 1255 COAST VILLAGE
RD
$236.88 0.08% Supportive 2/21/22
009-740-008 BLACK VALNER LLC 1255 COAST VILLAGE
RD
$235.76 0.08% Supportive 2/21/22
009-740-009 BLACK VALNER LLC 1255 COAST VILLAGE
RD
$254.52 0.09% Supportive 2/21/22
009-291-003 115
-1137
COAST VILLAGE INVESTMENTS COAST VILLAGE
RD
$3,220.00 1.09% Supportive 3/7/22
009-291-035 COAST VILLAGE INVESTMENTS LP 1235 COAST VILLAGE RD
$4,332.92 1.46% Supportive 2/2/22
009-291-034 COAST VILLAGE INVESTMENTS LP 1225 COAST VILLAGE RD
$4,278.90 1.44% Supportive 2/2/22
009-291-036 COAST VILLAGE INVESTMENTS LP 1230 COAST VILLAGE RD
$4,479.24 1.51% Supportive 2/2/22
009-291-037 COAST VILLAGE INVESTMENTS LP 1236 COAST VILLAGE CIR
$4,682.70 1.58% Supportive 2/2/22
009-230-035 COAST VILLAGE ROAD ASSOC LLC 1266 COAST VILLAGE RD
$3,795.20 1.28% Supportive 3/9/22
009-730-005 COSTA VILLA ASSOCIATES LP COAST VILLAGE
CIR
$0.00 0.00% Supportive 2/8/22
009-730-002 COSTA VILLA ASSOCIATES LP 1155 COAST VILLAGE RD
$1,861.22 0.63% Supportive 2/8/22
009-730-003 COSTA VILLA ASSOCIATES LP 1157 COAST VILLAGE RD
$1,500.40 0.51% Supportive 2/8/22
009-730-004 COSTA VILLA ASSOCIATES LP PO BOX 314 $1,111.20 0.37% Supportive 2/8/22 009-730-001 COSTA VILLA ASSOCIATES LP 1159 COAST VILLAGE RD
$788.98 0.27% Supportive 2/8/22
009-291-027 CRISTOPHER A SHEPARD 1260 COAST VILLAGE
CIR
$939.90 0.32% Supportive 2/28/22
009-291-013 CVC GROUP LP 1221 COAST VILLAGE
RD
$7,546.86 2.54% Supportive 2/9/22
009-222-010 DEWAYNE DANIEL & KATHLEEN M 1188
COPUS
COAST VILLAGE
RD
$7,820.44 2.64% Supportive 3/2/22
009-230-037 FM PROPERTIES 1250 COAST VILLAGE
RD
$8,648.30 2.91% Supportive 3/8/22
009-291-008 H & R INVESTMENTS 1187 COAST VILLAGE
RD
$10,946.80 3.69% Supportive 2/17/22
009-281-003 JANDA PARTNERS LP 1085 COAST VILLAGE
RD
$5,538.90 1.87% Supportive 2/17/22
009-222-027 1106-
A
MONTECITO BANK & TRUST COAST VILLAGE
RD
$11,692.76 3.94% Supportive 2/24/22
009-293-007 MONTECITO COPUS LP 1295 COAST VILLAGE
RD
$16,907.38 5.70% Supportive 3/2/22
009-291-005 N368AG LLC 1143 COAST VILLAGE
RD
$4,697.06 1.58% Supportive 3/3/22
009-760-010 OLIVE OIL & GAS L P PO BOX 61106 $2,485.50 0.84% Supportive 2/14/22 009-760-004 OLIVE OIL & GAS L P 109 OLIVE MILL RD $374.28 0.13% Supportive 2/14/22 009-760-006 1292
-1298
OLIVE OIL & GAS L P COAST VILLAGE
RD
$496.00 0.17% Supportive 2/14/22
009-760-007 OLIVE OIL & GAS L P 1294 COAST VILLAGE
RD
$421.12 0.14% Supportive 2/14/22
009-760-008 OLIVE OIL & GAS L P 1296 COAST VILLAGE
RD
$585.00 0.20% Supportive 2/14/22
009-760-009 OLIVE OIL & GAS L P 1298 COAST VILLAGE
RD
$768.36 0.26% Supportive 2/14/22
009-530-005 PEDROFF TRUST 4/16/90 1220 COAST VILLAGE
RD
$129.24 0.04% Supportive 2/15/22
009-293-006 SEASCAPE BUILDING & DEV LLC 1283 Coast Village Circle
$2,098.08 0.71% Supportive 2/15/22
009-740-001 STIMSON 2013 FAMILY REV LIVING 1284
TR
COAST VILLAGE
CIR
$213.60 0.07% Supportive 2/11/22
009-212-012 TEN EIGHTY COAST VILLAGE LLC 1080 COAST VILLAGE RD
$2,350.60 0.79% Supportive 2/17/22
009-230-002 TURPIN CVR LLC 1212 COAST VILLAGE
RD
$6,188.90 2.09% Supportive 3/14/22
009-222-025 VILLA FONTANA LIMITED 1150 COAST VILLAGE
RD
$19,556.02 6.59% Supportive 3/3/22
New City America, Inc, 710 West Ivy Street San Diego CA 92101 888-356-2726 [email protected] TOTAL: $146,837.28 49.48%
1 RESOLUTION NO.____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA
BARBARA DECLARING ITS INTENTION TO ESTABLISH THE
COAST VILLAGE COMMUNITY BENEFIT IMPROVEMENT
DISTRICT PURSUANT TO CHAPTER 4.45 OF THE SANTA
BARBARA MUNICIPAL CODE
WHEREAS, Chapter 4.45 of the Santa Barbara Municipal Code (the “CBD Ordinance”) authorizes the City Council to establish community benefit districts and to levy assessments against real property in connection with such districts; and WHEREAS, Section 4.45.030 of the CBD Ordinance provides that such districts are established and operated pursuant to the provisions of the Property and Business Improvement District Law of 1994 (Streets & Highways Code Section 36600 et seq.) (the “State Law”) except to the extent the provisions of the State Law are inconsistent with the provisions of the CBD Ordinance; and
WHEREAS, the City has received a petition (the “Petition”) from property owners in a proposed Coast Village Community Benefit Improvement District (the “District”) requesting the formation of the District pursuant to the CBD Ordinance; and WHEREAS, the Petition has been signed by property owners in the District who will pay more than 30% of the assessments proposed to be levied if the District is formed; and
WHEREAS, the Petition satisfies the requirements of Section 4.45.060 of the CBD Ordinance; and
WHEREAS, a management district plan for the District, entitled “The Coast Village Community Benefit Improvement District Management District Plan (Final Plan – March 22, 2022)” (the “MDP”) prepared by New City America, Inc., on behalf of The Coast Village Association, is attached hereto as Exhibit A and is incorporated herein by reference; and WHEREAS, the MDP contains the information required by Section 36622 of the State Law; and
WHEREAS, the proposed assessment is supported by a detailed engineers’ report entitled “The Coast Village Community Benefit Improvement District”, dated February 6, 2022 v.3.0, which is on file in the Office of the City Clerk, incorporated herein by reference, and available for public inspection; and
WHEREAS, as requested by the Petition, the City Council desires to initiate proceedings to establish the District;
2 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA BARBARA THAT:
1. The City Council declares, pursuant to Section 36621(a) of the State Law, its intention to form the District and to levy and collect assessments in connection with the District against lots and parcels of real property within the District.
2. The District is generally located in the Coast Village Road Commercial District.
A full and complete description of the boundaries of the District, begins on Page 9 of the MDP.
3. An assessment is proposed to be levied annually against real property in the District. Except where such method of collection is not practicable, the assessment will be collected on the property tax roll at the same time, in the same manner and subject to the same lien priority and penalties for delinquent payment as the ad valorem property tax. The rate of the proposed assessment is set forth in the MDP, particularly in the rate table set forth on page 24 of the MDP. The total amount of the assessment for Fiscal Year 2022-23 is proposed to be $296,749. The amount to be levied and collected for subsequent years is subject to a potential annual adjustment to exceed five percent per year.
4. The assessments will be used to fund the following categories of improvements, maintenance and activities: (i) civil sidewalks, (ii) district identity and placemaking, (iii) administration/program management, and (iv) capital improvements/traffic management, as well as to fund contingency reserves and certain costs charged by the City and by the County of Santa Barbara in connection with the collection of assessments. Reference is made to the MDP for a more complete description of authorized expenditures. Civil sidewalk expenditures shall be limited to activities on private property, except when specifically authorized by the City Administrator.
5. The initial term of the District is proposed to run for five years, beginning in Fiscal Year 2022-23 and running through Fiscal Year 2026-27. The District will terminate on June 30, 2027 unless renewed pursuant to the CBD Ordinance.
6. On June 7, 2022, at 2:00 PM or as soon thereafter as the matter may be heard, in City Council Chambers located at 735 Anacapa Street, Santa Barbara, CA 93101, the City Council will hold a public hearing on the establishment of the District and the levy of assessments (the “Public Hearing”). At the Public Hearing, the City Council will accept oral and written testimony and protests from all persons seeking to present such testimony.
7. Staff is directed to give notice of the Public Hearing in the matter required by Section 36623 of the State Law, Section 53753 of the California Government Code, and Article XIII D, Section 4 of the California Constitution (collectively, the Notice. Protest, and Hearing Laws). In connection with the Public Hearing, the City will conduct an assessment ballot proceeding as required by the Notice, Protest and Hearing Laws.
8. Bonds will not be issued in connection with the District. 1 THE COAST VILLAGE COMMUNITY BENEFIT IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Final Plan – March 22nd, 2022
.
Prepared for the:
The Coast Village Association
City of Santa Barbara
Prepared by:
New City America, Inc.
Corporate Office ▪ 2011 W. California Street ▪ San Diego, CA 92110 ▪ 888 256-2726 ▪ Fax 619-239-7105 Midwest Office: 300 State Street ▪ Ste 4710 ▪ Chicago, Ill ▪ 60654 New England Office: 42 Pearl Street ▪ New Bedford, MA ▪ 02740 [email protected] ▪ www.newcityamerica.com ▪ Facebook: New City America, Inc.
EXHIBIT A
2 Section Number
1. Management District Plan Summary 3
2. Coast Village CBID Boundaries 9
3. District Improvement and Activity Plan 11
4. Assessment Methodology 17
5. District Rules, Regulations and Governance 26
6. Implementation Timetable 26
7. Assessment Roll of Properties Included 27
Attachment:
a. Engineer’s Report
The Coast Village Community Benefit Improvement District 2022 Management District Plan
3 The name of this Community Benefit Improvement District (“CBID”) is the Coast Village Community Benefit Improvement District (“Coast Village CBID” or the “District”). The District is being formed under the City of Santa Barbara’s Community Benefit Ordinance (Santa Barbara Municipal Code Chapter 4.45).
The levy of assessments on real property within the proposed District will fund physical and maintenance and operational improvements to individual properties, with the intent to attract new customers, tenants, and increase business sales. throughout the Coast Village District.
Coast Village CBID Steering Committee
For decades, the Coast Village Association has led the effort to improve and enhance the experience and overall ambiance of working, visiting, shopping in and residing in the Coast Village district. Its efforts have paid off well but are hindered by a lack of sustainable revenue to fund the improvements as well as not having staff to oversee the short- and long-term needs of the district.
In the summer of 2020, the Coast Village Association hired New City America, a Southern California company that specializes in CBID and PBID investigations and formations, to investigate the likelihood of conceptual support for a new Coast Village District Community Benefit Improvement District. We conducted a survey to gauge support within the community for a new Special Benefit District for the Coast Village District property owners.
Priority Special Benefit Services/Survey
This past September, a survey was sent out to all the property owners in the proposed CBID area to ascertain their level of conceptual support for the services that would be funded through the establishment of a new Coast Village Improvement District (CVCBID). The survey results informed us of the priority services desired by the property owners and those special benefits have been incorporated into this plan and will be articulated in the plan as well as the Engineer’s report.
We received responses from over 50% of the property owners in the proposed district, (based upon property data in the district). In their response to the survey, the property owners prioritized the following special benefit services, among issues that property owners have had concerns about the public rights of way.
• First, the response prioritized funding marketing and promotions, social media and branding programs to attract new tenants to the district.
• Second, property owners supported funding special events such as Holiday décor, street festivals etc. to improve the identity and bring positive attention to the Coast Village district. • Third, property owners supported planting, trimming and maintenance of trees, flowers and shrubs throughout Coast Village.
• Fourth, the priority stated was to create a more orderly environment in the public rights of way, over and above what the City of Santa Barbara City staff is currently providing Section 1
Management District Plan Summary
4 Changes in Santa Barbara’s Coast Village District
The investigation of a new Coast Village District CBID centered on these 5 questions:
1. How to fund the programs that will make the Coast Village District brand become more positive in Southern California.
2. How to create greater demand for Coast Village District’s buildings resulting in greater rental rates and commerce to businesses and tenants, particularly in light of the devasting impact of the COVID 19 pandemic.
3. How to drive more tenants to the buildings in the Coast Village District and attract more customers and visitors to rebuild the retail and restaurant sectors here.
4. How to ensure that the public rights of way will become more beautiful, and attractive and promote the culture and history of the Coast Village District.
5. How to fund and sustain the improvements needed to provide adequate lighting and landscaping as well as mitigation of the 101-realignment project and its impact on Coast Village Road and its businesses.
How can a new CBID benefit property owners in Coast Village District? In summary, a Coast Village CBID is a Special Benefits Assessment District allowable in the state constitution that allows for the levy of assessments on benefitting property owners with the purpose of funding special benefit services that convey these benefits to the property owners within the proposed district boundaries. The special benefit services to be funded through this plan include responded to:
• Private security
• Sidewalk cleanliness
• Increase the trimming and replacement of damaging trees and landscaping • Install/improve decorative amenities such as street furniture/fixtures/equipment/lighting • Promote and enhance the brand/image of Coast Village
• Manage events at in and around the district
• Create a strong social media presence, and facilitate public relations for Coast Village businesses
• Provide parking directional services and other mobility related activities • Promote public space development and placemaking
METHOD OF FINANCING
The financing of the Coast Village CBID is based upon the levy of special assessments on real properties that receive special benefits from the improvements and activities based upon which Benefit Zone they are located within. See Section 4 for assessment methodology and compliance with Article XIII D of the California State Constitution. There will be five factors used in the determination of proportional costs to the parcels in the District. These five factors are:
• Linear frontage, on all sides of the parcel (excluding alleys) • Lot size or the footprint of the parcel
• Building square footage
5 • Current and future residential condominiums that will be constructed within the District • Location within one of the two geographic benefit zones of the district In addition, other factors will be used to determined assessments based upon the anticipated benefit with the current land uses:
1. Residential condominiums will be assessed for their specific parcel building square footage only.
2. All private, public and tax-exempt owned and operated parcels will be assessed for linear frontage, building square footage and lot size
3. Mixed use residential uses (not including residential condominiums), including apartments, will pay a reduced building assessment, based upon the services those property owners shall receive in their mixed-use developments. The majority land use of these single parcel mixed use developments will be assessed for their building square footage at a lower rate due to the fact that the bulk of the building square footage is not commercial, but rather residential, which will receive special benefits, albeit at a lesser level. The mixed-use residential parcels will still pay the same Benefit Zone 1 assessments for linear frontage and lot squares footage, as commercial property owners.
Data and Benefit Zones
There are 115 individual parcels owned by 94 property owners in the proposed Coast Village Community Benefit Improvement District.
The data that was obtained from Santa Barbara County as well as input from the various property owners in Coast Village District have yielded the following information which is to be used as the basis for the generation of revenue to fund the special benefits outlined in this Management Plan. That data, as of June 1st, 2021, is as follows:
Broken down by benefit zone:
Zones Building
Square Feet
Lot
Square Feet
Linear
Frontage
Residential
Condos/Apt
1 394,680 sq. ft 1,063,657 sq. ft. 8,085 linear feet 157,322 sq. ft. 2 70,155 sq. ft. 238,747 sq. ft. 1,842 linear feet 4,868 sq. ft.
Total 464,835 sq. ft 1,302,404 sq. ft 9,927 linear feet 162,190 sq. ft.
Boundaries:
The following description summarizes the two different Benefit Zones within the proposed Coast Village Community Benefit Improvement District. Both of the Benefit Zones are predominantly geographically based, In general, the Benefit Zone boundaries are proposed as follows:
Zone 1. Core Area: on the east side, commencing at Olive Mill Road and heading westward including parcels on both sides of the Coast Village Road between the 101 Freeway on the south and Hot Springs Road on the west. Parcels facing the 101 freeway with no frontage along Coast Village Road will instead be included in Benefit Zone 2 assessment rates since they will not receive the same benefit as parcels fronting directly onto Coast Village Road. 6 Zone 2: Peripheral area: on the far west side of the district on the south side of the 101-freeway beginning at Cabrillo Road on the east and ending at parcel # 391-001-000 on the west, which include those parcels north of Highway 101 which do not front along Coast Village Road.
Costs:
The costs per parcel are based upon the five factors listed on Page 7 above. The Benefit Zones are determined by the anticipated special benefits that a parcel will receive based upon its proximity to the core of the district along Coast Village Road, as well as the frequency of special benefit services that that parcel will be receiving. All assessments must be proportional to the special benefits received.
Proposed First Year Coast Village District CBID Budget - 2022 Category of Services Percentage of
budget
1st Year
Allocation
Civil Sidewalks 40% $ 120,000
District Identity and Placemaking 28% $ 83,000
Administration 18% $ 54,000
Capital Improvements – Traffic
Management
10% $ 30,000
Contingency/Reserve 4% $ 9,749
Total 1st year Budget 100% $ 296,749
First Year Annual Costs Per Benefit Zone/Coast Village CBID Assessments are a sum of the proposed building square footage, lot size and linear frontage per parcel Property Variable Benefit Zone 1 Benefit Zone 2
Commercial Building Square
Footage $0.18 per square foot
$0.14 per square
foot
Commercial Lot Size $0.10 per square foot
$0.06 per square
foot
Commercial Linear Frontage $8.00 per linear foot
$6.00 per linear
foot
Residential Condos Building
Square Footage $0.12 per square foot
$0.12 per square
foot
Residential apartments
(Residential apartments and
mixed-use developments will
pay for Benefit Zone 1 lot size
and linear frontage costs in
addition to the reduced building
square footage costs.)
$0.12 per square
foot.
$0.10 per square foot
of lot size;
$8.00 per linear foot
$0.12 per square
foot; $0.10 per
square foot of
lot size;
$8.00 per linear
foot
7 Reimbursement of Formation Funds
This plan authorizes the repayment of formation funds advanced by Coast Village District stakeholders to cover the costs of the survey, calculation of results, the management district plan creation, approval by the CBID Steering Committee, the Assessment Engineers report, the petition drive and the balloting process to be conducted by the City of Santa Barbara. An amount not to exceed $90,000 shall be reimbursed to those property owners, as well as to cover a loan from the City of Santa Barbara, who invested in this process, and they shall be repaid over the first three years of the formation of the district.
Annual Rate Increase
The District budget and assessments is subject to annual increases not to exceed 5% per year. Increases will be determined by the Owners’ Association and will vary between 0% and 5% annually.
Changes in Land Use
Changes in land uses, the development of vacant parcels, the conversion of tax exempt to profitable land uses, the demolition of buildings, building improvements that increase square footages, and new building construction or residential condominium development, may alter the District’s budget and individual property assessments. Linear frontage and parcel size are normally not altered in the redevelopment of a site. Changes to assessments are more likely to occur upon changes to building square footages. Changes may also occur upon the conversion of single parcels to multiple parcels due to the construction of residential and/or commercial condominiums.
Bonds
The District will not issue any bonds related to any program.
District Formation
Under the local enabling ordinance, District formation requires a submission of petitions from property owners in the proposed district representing more than 30% of the total assessments to be paid into the CBID. Once the City verifies the petitions totaling a minimum of 30%, ($89,025) of the first-year annual budget which is projected to be $296,749.00 in assessments in the District, the Santa Barbara City Council may adopt a Resolution of Intention to mail out ballots to all affected property owners. The City will then hold a public hearing and tabulate the ballots. The Coast Village CBID will be formed if the weighted majority of all returned mail ballots support District formation and if the City Council adopts a Resolution of Formation to levy the assessments on the benefiting parcels. The date for that public hearing has not been scheduled but is assumed that it will be held in late March 2022, based upon the successful completion of the petition drive.
Term
Under the Santa Barbara local enabling ordinance, the District may be established for an initial term of 5 years, and the term for renewal of the existing district may be as long as 20 years and shall not exceed 20 years. This management district plan will authorize the creation of the Coast Village CBID for the initial fiveyear period.
Time and Manner for Collecting Assessments
The Coast Village CBID assessments will appear as a separate line item on annual property tax bills prepared by the County of Santa Barbara Tax Assessor. The assessments are collected at the same time and in the same manner as ad valorem property taxes paid to the County. The assessments have the same lien priority and penalties for delinquent payments as ad valorem property taxes. 8 Public and Tax-Exempt Parcels
The Coast Village CBID Management Plan assumes that the any public or tax-exempt parcels shall pay into the district in proportion to the assessments paid for services. There are currently no public or tax-exempt parcels in the proposed Coast Village CBID.
Governance
Pursuant to Section 36650 of the California Streets and Highway Code, an Owners’ Association will report on District budgets and policies annually to the Santa Barbara City Council. The Management Corporation, which will be under contract with the City of Santa Barbara, must file Annual Reports with the City as the Owners Association will oversee the day-to-day implementation of services as defined in the Management District Plan.
“Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. (Streets & Highway. Code § 36612.)
An existing or new public benefit non-profit corporation (501c3) will be established once the district has been approved by the property owners and it will serve in the capacity of the Owners Association. The current Coast Village Road Association seeks to become a new public benefit, non-profit corporation and will therefore create a successor organization, serving as the Owners Association, to administer the district under contract with the City.
Disestablishment
Under the local enabling ordinance, the Coast Village CBID property owners will have an annual period in which to submit petitions to the City Council to disestablish the CBID. If the property owners vote by weighted majority to disestablish the District, assessments will be removed from the parcels the following fiscal year. Unexpended surplus funds will be returned to property owners based upon a parcel’s percentage contribution to the previous fiscal year’s assessments. This disestablishment procedure is articulated in both the Santa Barbara City Municipal Code, Section 4.45.100 as well as the California Streets and Highway Code, Section 36670.
9 Boundaries
The proposed Coast Village CBID consists of approximately 5 to 6 square blocks consisting of 115 parcels owned by 94 property owners. See the Coast Village proposed CBID map in Section 2, page 17.
Benefit Zones
The District consists of two benefit zones.
Northern Boundary
The northern boundary of the proposed CBID commences at parcel 760-1-10-000 at Olive Mill Road and continues running westward to include the northern boundary of each parcel fronting Coast Village Road on the northern side of the street up to parcel 211-038-000.
Western Boundary
The western boundary of the proposed CBID is to be found in Benefit Zone 2, south of the 101 freeway and ends at parcel 391-001-000 on the far west end of Los Palos Way.
Southern Boundary
The southern boundary of the proposed CBID includes all of the parcels fronting along the 101 freeway in Benefit Zone 1 and then continues with the parcels on the north side of Los Palos Way in Benefit Zone 2.
Eastern Boundary
The eastern boundary of the proposed CBID begins includes the two parcels on Olive Mill Road including parcel 760-1-10-000 and parcel 293-007-000.
Summation
A list of all parcels included in the proposed Coast Village CBID are shown as Appendix 1, attached to this report identified by their respective Santa Barbara County assessor parcel numbers. The boundary of the proposed Coast Village CBID is shown on the map to be found on pages 17 of this report. All identified assessed parcels within the above- described boundaries shall be assessed to fund supplemental special benefit programs, services and improvements as outlined in this Management District Plan. All Coast Village CBID funded services, programs and improvements provided within the above-described boundaries shall confer special benefit to identified assessed parcels inside the District boundaries and none will be provided outside of the District.
Section 2
Boundaries
10 11
Explanation of Special Benefit Services
All of the improvements and activities detailed below are provided only to properties within the boundaries of the Coast Village CBID, as the improvements and activities will provide special benefits to the owners of these properties.
The City will continue to provide general benefit services from the general fund in the Coast Village District which will include public safety programs, street sweeping, tree trimming, roadwork repairs, sidewalk repair, trash collection of public refuse containers, etc. The frequency of these general benefits may change from year to year and time to time based upon budget constraints. However, City general benefits will not be withdrawn from Coast Village District unless they are withdrawn by an equal frequency City wide. The CBID funded special benefits will not replace City funded general benefits, but rather will provide special benefits to parcel owners over and above the general benefits provided by the City of Santa Barbara.
All services funded by the assessments outlined in the Management District Plan are intended to specifically benefit the properties within the District to support increased commerce, business attraction and retention, to retain and increase commercial property rentals, attract new residential developments, enhance safety and cleanliness in the District, improve District identity, and eventually fund specialized beautification and enhanced services for the property owners, businesses, visitors and residents within the District.
Special Benefit Budget Category Analysis
This Plan gives property owners greater flexibility in determining the type and frequency of special benefit services that will be allocated on a year-to-year basis. As Santa Barbara’s Coast Village District evolves, services that are needed one year may not be needed the next. Therefore, “bundles” or categories of special benefit funding have been created and divided into five broad categories – Civil Sidewalks, District Identity and Placemaking, Capital Improvements/Traffic Management, Administration and Contingency. The bundles are allocated funding percentages with the flexibility to prioritize or minimize a service within each bundle.
The bundles or categories of services and their percentages represent the service plan the Coast Village District property owners will be voting on when the Coast Village District CBID comes up for a mail ballot later in the Winter of 2022.
The proposed “bundles” of special benefit services are listed below and are supplemental to current City services.
CIVIL SIDEWALKS:
• Examples of this category of special benefit services and costs may include, but are not limited to:
• Beautification of the district
• Tree and vegetation maintenance (over and above city services) • Maintenance of existing and new public spaces
• Installation of and maintenance of landscaping throughout the district • Periodic sidewalk and gutter sweeping
• Periodic sidewalk steam cleaning
• Enhanced trash emptying (over and above city services) • Organization and oversight of trash collection
Section 3
District Improvement and Activity Plan
12 • Timely graffiti removal, within 24 hours as necessary • Personnel to manage the in-house or contracted maintenance and/or landscaping teams. • Farmers market assistance
DISTRICT IDENTITY AND PLACEMAKING:
• Examples of this category of special benefit services and costs may include, but are not limited to:
• Web site development and updating
• Social media, public relations firm
• Holiday and seasonal decorations
• Events such as the Taste of Coast Village
• Branding of the Coast Village CBID properties so a positive image is promoted to the public including the development of a new logo
• Banner programs
• Public art displays
• Public space design and improvements
• Personnel to manage the in-house or contracted public relations, web site maintenance or social media contractors
• Refurbishment of street signs and monuments
ADMINISTRATION/PROGRAM MANAGEMENT
• Examples of this category of special benefit services and costs may include, but is not limited to:
• Staff and administrative costs, contracted or in-house • Directors and Officers and General Liability Insurance • Office related expenses
• Rent
• Financial reporting and accounting
• Legal work
CAPITAL IMPROVEMENTS/TRAFFIC MANAGEMENT
• Examples of this category of special benefit services and costs may include, but is not limited to:
• Mitigating the traffic impact on Coast Village Road when the Highway 101 work begins • In cooperation with City of Santa Barbara Traffic Control department the possible hiring of traffic control officers (approved by the City) to help facilitate traffic on days with heavy vehicular density on Coast Village Road
• Facilitating valet services for busy nights in Coast Village Road • Rental of parking lots for convenient parking for visitors on the weekends or busy holidays
CONTINGENCY/CITY AND COUNTY FEES/RESERVE
Examples of this category of special benefit services and costs include, but is not limited to:
• Delinquencies, City/County fees, reserves, capital project improvements
METHOD OF FINANCING
The financing of the Coast Village CBID is based upon the levy of special assessments upon real properties 13 that receive special benefits from the improvements and activities based upon which Benefit Zone they are located within. See Section 4 for assessment methodology and compliance with Article XIII (d) of the California State Constitution. There will be five factors used in the determination of proportional costs to the parcels in the District. These five factors are:
• Linear frontage on all sides (excluding alleys)
• Lot square footage or the footprint of the parcel
• Building square footage.
• Residential condominiums that currently exist or will be constructed within the District. • Location within one of the two geographic benefit zones of the district In addition, other factors will be used to determined assessments based upon the anticipated based upon the current land uses:
1. Residential condominiums will be assessed for their actual parcel building square footage only.
2. All public and tax-exempt owned and operated parcels will be assessed similarly to other parcels based upon their location in their Benefit Zone.
3. Mixed use residential uses (not including residential condominiums), including apartments, will pay a reduced building assessment, based upon the services those property owners shall receive in their mixed-use developments. The majority land use of these single parcel mixed use developments will be assessed for their building square footage at a lower rate due to the fact that the bulk of the building square footage is not commercial, but rather residential, which will receive special benefits, albeit at a lesser level. The mixed-use residential parcels will still pay the same Benefit Zone 1 assessments for linear frontage and lot squares footage, as commercial property owners.
Data and Benefit Zones
There are 115 individual parcels owned by 94 property owners in the proposed Coast Village Community Benefit Improvement District. The data that was obtained by Santa Barbara County as well as input from the various property owners in Coast Village District have yielded the following information which is to be used as the basis for the generation of revenue to fund the special benefits outlined in this Management Plan. That data, as of June 1st, 2021, is as follows:
Data broken down by benefit zone:
Benefit
Zone
Building Square
Footage Lot Square Footage
Linear
Frontage
Residential
Condos/Apt
1 394,680
sq. ft
1,063,657
sq ft
8,085
linear
feet
157,322
sq ft.
2 70,155
sq. ft.
238,747
sq ft
1,842
linear
feet
4,868
Total 464,835
sq. ft
1,302,404
sq. ft
9,927
linear
feet
162,190
sq. ft
Costs
The costs per parcel are based upon the five factors listed on page 18. The Benefit Zones are determined 14 by the anticipated special benefits that a parcel will receive based upon its proximity to the core of the district, as well as the frequency of special benefit services that that parcel will be receiving. All assessments must be proportional to the special benefits received so we have agreed upon the following Benefit Zones.
Proposed First Year Coast Village District CBID Budget
Category of Services
Percentage
of Budget 1st Year Allocation
Civil Sidewalks * 40% $120,000
District Identity and
Placemaking 28% $83,000
Administration 18% $54,000
Capital Improvements –
Traffic Management 10% $30,000
Contingency/Reserve 4% $9,749
Total 1st year Budget 100% $296,749
First Year Annual Costs Per Benefit Zone/Coast Village CBID Assessments are a sum of the proposed building square footage, lot size and linear frontage per parcel Property Variable Benefit Zone 1 Benefit Zone 2
Commercial Building Square Footage $0.18 per square foot $0.14 per square foot Commercial Lot Size $0.10 per square foot $0.06 per square foot Commercial Linear Frontage $8.00 per linear foot $6.00 per linear foot Residential Condos Building Square
Footage $0.12 per square foot $0.12 per square foot
Residential apartments (Residential
apartments and mixed-use
developments will pay for Benefit Zone
1 lot size and linear frontage costs in
addition to the reduced building square
footage costs.)
$0.12 per square foot.
$0.10 per square foot of lot
size.
$8.00 per linear foot
$0.12 per square foot.
$0.10 per square foot of lot
size.
$8.00 per linear foot
Reimbursement of Formation Funds
This plan authorizes the repayment of formation funds advanced by Coast Village District stakeholders to 15 cover the costs of the survey, calculation of results, the management district plan creation, approval by the CBID Steering Committee, the Assessment Engineers report, the petition drive and the balloting process to be conducted by the City of Santa Barbara. An amount not to exceed $90,000 shall be reimbursed to those property owners, as well as to cover a loan from the City of Santa Barbara, who invested in this process, and they shall be repaid in the first three years of the formation of the district.
Annual Rate Increase
The District budget and assessments is subject to annual increases not to exceed 5% per year. Increases will be determined by the Owners’ Association and will vary between 0% and 5% annually.
Increases will be determined by the Owners’ Association and will vary between 0% and 5% annually.
Changes in land uses, the development of vacant parcels, the conversion of tax exempt to profitable land uses, the demolition of buildings, building improvements that increase square footages, and new building construction or residential condominium development, may alter the District’s budget and individual property assessments. Linear frontage and parcel size are normally not altered in the redevelopment of a site. Changes to assessments are more likely to occur upon changes to building square footages. Changes may also occur upon the conversion of single parcels to multiple parcels due to the construction of residential and/or commercial condominiums.
Bonds
The District will not issue any bonds related to any program.
Operating Budget
A projected operating budget, based upon the local enabling ordinance, has an initial 5 - year term and may be renewed for up to 20 years more. New City America has listed the maximum percentage of allowable annual increases based upon the current data within the district, with the following assumptions:
Assessments may be subject to annual increase, based upon the action of the new Owners Association corporation Board, not to exceed 5% per year.
Changes in land use, demolition of existing buildings, and new development will occur and will change the improvements to that parcel, normally due to redevelopment of the site and the addition of new building square footage which shall be assessed based upon the provisions laid out in this Management Plan.
The budget for specific programs may be reallocated within each budget category by up to 10% during the term of the District. The Management Corporation Board may alter the budget based upon service needs and such changes shall be included in the Annual report and submitted to the Santa Barbara City Council for review and approval.
Five-Year Projection of Maximum Assessment for the Coast Village CBID 16 Civil Sidewalks DISI Admin
Capital
Improvements/
Traffic
Management
Contingency TOTAL
Y1 $ 120,000.00 $ 83,000.00 $ 54,000.00 $ 30,000.00 $ 9,749.00 $ 296,749.00 Y2 $ 126,000.00 $ 87,150.00 $ 56,700.00 $ 31,500.00 $ 10,236.45 $ 311,586.45 Y3 $ 132,300.00 $ 91,507.50 $ 59,535.00 $ 33,075.00 $ 10,748.27 $ 327,165.77 Y4 $ 138,915.00 $ 96,082.88 $ 62,511.75 $ 34,728.75 $ 11,285.69 $ 343,524.06 Y5 $ 145,860.75 $ 100,887.02 $ 65,637.34 $ 36,465.19 $ 11,849.97 $ 360,700.26 Notes:
• Assumes a possible 5% maximum yearly increase on all budget items, if approved annually by the District Management Corporation Board of Directors
• Any accrued interest or delinquent payments will be expended in the above categories. 17 The proposed Coast Village CBID is a property-based special benefit assessment district being established pursuant to the Santa Barbara local enabling ordinance as well as Section 36600 of the California Streets and Highway Code.
The state constitution refers to the requirement that benefits received from CBID funded programs and activities be used to determine the amount of assessment paid. Only those properties expected to derive special benefits from CBID funded programs and activities may be assessed and only in an amount proportional to the relative special benefits expected to be received.
General vs. Special Benefits
As provided by Proposition 218, assessment district programs and activities confer a combination of general and special benefits to properties, but the only program benefits that can be assessed are those that provide special benefit to the assessed properties. “Special Benefit” as defined by the California State Constitution, Article XIII (d), means “a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large.” For the purposes of this analysis, “General Benefits” are benefits provided within Coast Village District that are not special in nature, are not "particular and distinct" and are not over and above the benefits that other city parcels receive.
General benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. “At large” means not limited to any particular person – and means all members of the public - including those who live, work, and shop within the district - and not simply transient visitors.
The property uses within the boundaries of the proposed Coast Village CBID which will receive special benefits from CBID funded programs and services are currently a mix of retail, service, office, mixed use, residential, public visitor related, cultural and parking. Services, programs and improvements provided by the Coast Village CBID are primarily designed to provide special benefits to identified parcels within the boundaries of the District.
Parcels that derive benefit from the special benefit programs, services, activities and improvements outlined in this Management District Plan will attract more customers, employees, tenants and investors as a result of these programs, services and improvements, thereby increasing business volumes, sales transactions, occupancies, and rental income, and for future residents, make Coast Village District more walkable, attractive and livable. These benefits are particular and distinct in that they are not provided to nonassessed parcels within or outside of the District. Because these programs, services and improvements will only be provided to each individual
Section 4
Assessment Methodology
18 assessed parcel within the Coast Village CBID boundaries, these programs, services and improvements will constitute "special benefits.”
Existing City of Santa Barbara services will not be replaced or duplicated by the Coast Village CBID funded services. The purpose of this District is to fund supplemental programs, improvements and services within the Coast Village District boundaries beyond what is being currently funded either via normal tax supported methods or other funding sources. The assessments to be levied on parcels within the Coast Village CBID are for services, programs and improvements directly benefiting each individual parcel within this area and support increased cleanliness, commerce, business attraction and retention, increased commercial property rental income and improved District identity. No CBID funded services, activities or programs will be provided beyond the Coast Village District CBID boundaries.
While every attempt is made to provide CBID services and programs to confer benefits only to those identified assessed parcels within the District, the California State Constitution, Article XIII (d), was amended via Proposition 218 to provide that general benefits exist, either by design or unintentionally, in all assessment districts and that a portion of the program costs must be considered attributable to general benefits and assigned a value. General benefits cannot be funded by assessment revenues. General benefits might be conferred on parcels within the District, or “spillover” onto parcels surrounding the District, or to the public at large who might be passing through the District with no intention of transacting business or residing within the District or interest in the District itself. Empirical assessment engineering analysis throughout California has found that general benefits within a given similar special benefit district tend to range from 1-5% of the total costs.
There are three methods that have been used by the Coast Village CBID Assessment Engineer for determining general and special benefit values within assessment districts:
(1) The parcel-by-parcel allocation method
(2) The program/activity line-item allocation method, and (3) The composite district overlay determinant method.
A majority of PBIDs and CBIDs in California for which the Assessment Engineer has provided assessment engineering services since the enactment of Proposition 218, have used Method #3, the composite district overlay determinant method which will be used for this CBID. This method of computing the value of general benefit involves a composite of three distinct types of general benefit – general benefit to assessed parcels within the District, general benefit to the public at large within the District and general benefit to parcels outside the District.
Coast Village CBID Programs and Improvements
The total special and general benefit program activities and budget allocations that will be provided to each individual parcel assessed in the proposed Coast Village CBID are shown in the chart below:
19 Total Year 1 – 2022 Special + General Benefit Costs
Table 4-A
Category of Special
Benefit Services
Year 1
Annual Amount
(assessments to
fund special
benefits)
Year 1
Non-Assessment
Costs (general
benefits ratio)
Year 1
Total Costs
(special and
general benefits) % Of Total
Civil Sidewalks $120,000 $2,449 $122,449 40%
District Identity
/Placemaking $83,000 $1,694 $84,694 28%
Administration $54,000 $1,102 $55,102 18%
Capital
Improvements,
Traffic
Management
$30,000 $614 $30,614 10%
Contingency $9,749 $197 $9,946 4%
Total $296,749 $6,056 $ 302,805.00 100%
All program costs associated with general benefits will be derived from sources or credits other than CBID assessments. Sample “other” revenue sources can be derived from special events, grants, volunteer hours and must simply equal a total of $6,056 per year which would equal the general benefit cost of 2% of the computed total CBID cost of $302,805 from the table above. Here, program costs are spread among property variables that are common to each parcel include linear frontage, lot or parcel size and building square footage, and residential condominium parcels and benefit zone. Assessed valuation cannot be used as the basis for revenue generation in the state of California since Proposition 13 sets the assessed valuation at the time of purchase of the parcel, therefore adjacent parcels may be similar in size, but have different assessed valuations. We must therefore spread the assessments among the consistent factors of each parcel, based upon 2021 data.
Assessable Data in the Coast Village CBID Table 4-B
Benefit Zone Building
Sq. Ft.
Lot SF Linear frontage Residential Condo/Apt.
1 394,680 1,063,657 8,085 157,322
2 70,155 238,747 1,842 4,868
Total 464,835 1,302,404 9,927 162,190
20 Assessment District Revenue Generation in Fiscal Year 2022 from Each Assessable Property Variable:
Table 4 - C
Property Variable
Total
Revenue Generated Percent of Budget
Building Sq. Ft. $80,864 27%
Lot Sq. Ft. $120,690 41%
Linear Frontage $75,732 25%
Residential Condos Bldg. Sq. Ft. $19,463 7%
Total $296,749 100%
Annual Costs per property variable and Benefit Zone, first year, FY 2022 Table 4 – D
Property Variable Benefit Zone 1 Benefit Zone 2
Building Square Footage $0.18 $0.14
Lot size $0.10 $0.06
Linear Frontage $8.00 $6.00
Residential Condos
Building Square Foot
$0.12 $0.12
Residential apartments, mixed use
developments
$0.12 $0.12
Explanation of Costs
Benefit Zone 1 parcels will be assessed at a higher rate since they will have the highest frequency of Civil Sidewalks and District Identity services due to the amount of foot traffic in and around the parcels fronting along Coast Village Road in the core area of the District. Benefit Zone 1 properties are the historic core of Santa Barbara’s Coast Village District dating back almost 60 years built around Coast Village Road. Zone 1 properties include retail, restaurants, residential, office, hotel and residential condominiums and apartments. These parcels will benefit the most from the CBID special benefit services, therefore their assessments have been set to fund the costs of services to these parcels.
The higher costs assessed to Benefit Zone 1 parcels are based upon:
• 6 to 7 day per week services, particularly for cleaning and beautification services. • Benefit Zone 1 parcels are predominantly retail, visitor related, service and pedestrian oriented therefore they will need civil sidewalk special benefit services daily, particularly on the weekends.
Holiday traffic will also necessitate cleaning services. • Traffic control during the Highway 101 reconstruction will also impact Coast Village Road, Benefit Zone 1 properties, more than the Benefit Zone 2 properties. • District identity services will also be proportionally higher and confer special benefit services relative to Benefit Zone 2 parcels. Special events will be held in Benefit Zone 1, thereby benefitting property owners and their tenants there, no special events will probably be held in Zone 2. • Benefit Zone 2 parcels have completely different land uses. Their stated desire for special benefit services includes those that are primarily found in Civil Sidewalk services. • Benefit Zone 2 parcels will need regular public rights of way cleaning and landscaping services 3 - 5 days per week compared to Zone 1 parcels which will need similar services daily. 21 The assessment costs of Benefit Zone 1 versus Benefit Zone 2 costs result in Benefit Zone 2 parcels paying anywhere from 66% to 75% per cent of the Zone 1 annual assessments. This is consistent with the anticipated frequency and type of services each Zone will require.
Benefit Zone 2 parcels include the parcels that are not fronting on Coast Village Road but rather front along Highway 101, including the far western parcels of the business district that are to be found just south of Highway 101. The land uses of Benefit Zone 2 parcels are office, retail, residential, and related parking uses.
The costs in Benefit Zone 2 are lower than that of Benefit Zone 1 due to the lack of density in this portion of the district and the lack of intense pedestrian activity that is found in Benefit Zone 1 properties along Coast Village Road.
Linear Frontage Defined
Individual parcels will be assessed for all sides of each parcel fronting on a public street. Alley frontage is not assessed. Each side of the parcel (excluding alley areas) will receive Civil Sidewalks special benefit services. The linear front footage data was obtained from the County Assessor’s parcel maps.
Building Square Footage Defined
Building square footage is defined as gross building square footage throughout the Coast Village CBID.
Lot Square Footage Defined
Lot square footage is defined as the total amount of area within the borders of the parcel. The lot square footage of a parcel has been verified by the County Assessor’s parcel maps.
Commercial Condominium (non-residential portion of mixed-use buildings) - Parcels Defined Ground floor commercial condominiums will be treated as independent “mini” commercial buildings and assessed based on their actual building square footage, the footprint of land they cover or lot size of the commercial condominium, and the amount of direct primary street frontage on the exterior of the building.
Ground floor commercial condominiums will pay 100% of the special benefits for the assessment, based upon which benefit zone they are within.
Residential Condominium Unit Parcels Defined
Residential condominium units building square footage is defined as the livable building square footage within the walls of the condominium residential unit parcel. They are included in a special category to designate their unique special benefits relative to the other commercial parcels within the Coast Village CBID. Unlike the other commercial parcels in the District, including commercially operated apartment buildings, residential condominium parcels are assessed for building square footage only, and are not assessed for linear frontage and lot square footage.
Current and future residential condominium parcels are assessed as a separate category. These residential condominium individual parcels will be assessed for their building square footage only at the rate of $0.12 per square foot per year for the first year of the CBID, or possibly higher if assessments have been increased annually as provided in this plan and completed in future years. The rationale for assessing future residential condominiums only for the building square footage rate is provided below.
Residential condominium parcels are assessed differently than multi-unit, market rate apartment rental buildings due to the frequency of special benefit services required by each parcel as described below. The multi-unit apartment buildings are commercial properties in which the tenant and property owner have an economic relationship as opposed to residential condominium buildings where individual property owners own separate “air space parcels” on a single floor. Future residential apartment buildings can be bought or 22 sold just as like commercial buildings whereas residential condominium individual units are separately owned and must be individually bought and sold.
Distinctions between residential apartment buildings with tenants and residential condominium building with individual parcel owners are explained as follows:
1. The Davis Sterling Act establishes rules and regulations for residential condominium owners based upon “separate interests” (i.e., ownership rights), as opposed to renters who only have a possessory interest.
2. Generally, residential condominium unit owners demonstrate greater care for their property and concerns about quality-of-life issues due to their investment in real estate.
3. Residential owners and have the right to vote in a Proposition 218 hearing, tenants do not have that right.
4. Residential condominium owners are required to contribute to legally established Homeowners Associations to oversee building maintenance, tenants are not.
5. Residential tenants may have their dwelling units sold or have their rent raised arbitrarily due the lack of ownership of their residential units.
The assessment methodology has been written to confer special benefits to current and future residential condominium individual assessed parcels since residential condominium owners have expectations about the care and maintenance of the building and its surroundings compared to the interest of residential tenants who have a possessory not an ownership interest.
Calculation of Assessments
The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the improvement or the maintenance and operation expenses of an improvement or for the cost of property service being provided. Per California Constitution Article XIII D, Section 2(i), “Special Benefit,” means a and distinct benefit over and above general benefits conferred on a real property located in the district or to the public at large. No assessment will be imposed on any parcel that exceeds the reasonable cost of the proportional special benefits conferred upon that parcel. Only special benefits are assessable, and these benefits must be separated from any general benefits. Properties are assessed as defined on the County Assessor’s most current parcel maps. The preceding methodology is applied to the database of parcels within the District. The process for compiling the property database includes the following steps:
A report was generated from data obtained from the Santa Barbara County Tax Assessors office.
A list of properties to be included within the District is provided in Section 7. 23 First Year (2022) Parcel Assessment Calculation:
The annual assessment method to calculate all parcels for Benefit Zone 1 will be:
Total Linear Frontage X $8.00 per foot
+
Total Building Square Footage X $0.18 per sq. ft. or $0.12 per sq. ft. for Mixed Use Apartments Total Lot Size x 0.10 per square foot
=
TOTAL PARCEL ASSESSMENT
The annual assessment method to calculate all commercial parcels for Benefit Zone 2 will be:
Total Linear Frontage x $6.00 per square foot
+
Total Building Square Footage X $0.14 per square foot
+
Total Lot Size x $0.06 per square foot
=
TOTAL PARCEL ASSESSMENT
The annual assessment method to calculate all parcels for Mixed Use residential parcels in Zone 1 and 2 will be:
Total Linear Frontage x 8.00 per square foot
+
Total Building Square Footage X $0.12 per square foot
+
Total Lot Size x $0.10 per square foot
=
TOTAL PARCEL ASSESSMENT
The annual assessment method to calculate the residential condominiums throughout the district will be:
Total Residential Condo Building Square Footage X $0.12 per square foot =
TOTAL PARCEL ASSESSMENT
24 Future Development
As a result of continued new development, the Coast Village CBID will experience the addition or subtraction of assessable commercial and residential buildings or the conversion of vacant parcels into new commercial and residential units. The Management District Plan assessment methodology will reflect any and all land use changes in the District with annual adjustments being submitted to the City, as these assessment calculation and property variable alterations occur. Therefore, parcels will be assessed each year based upon their then-current characteristics.
Maximum Assessment
Assessments may be subject to annual increases not to exceed 5% per year. Increases will be determined by the CBID District Management Corporation and will vary between 0% and 5% in any given year. The maximum the assessments may be increased is 5% over the previous fiscal year’s base assessments. The absence of increase in any given year does not give the District Management Corporation the authority to accumulate increases above 5% in any successive year. The following projections illustrate a potential 5% annual increase.
Maximum Assessments by Property Variable
Table 4 – E
Projected Assessments- Benefit Zone 1
Lot Sq. Ft Linear Frontage Bldg. Sq. Ft.
Residential
Condo/Apt.
Bldg.
Sq. Ft.
Y1 $ 0.100 $ 8.000 $ 0.180 $ 0.120
Y2 $ 0.105 $ 8.400 $ 0.189 $ 0.126
Y3 $ 0.110 $ 8.820 $ 0.198 $ 0.132
Y4 $ 0.116 $ 9.261 $ 0.208 $ 0.139
Y5 $ 0.122 $ 9.724 $ 0.219 $ 0.146
Projected Assessments- Benefit Zone 2
Lot Sq. Ft Linear Frontage Non-Mixed Use
Bldg. Sq. Ft.
Residential
Condo/Apt Bldg.
Sq. Ft.
Y1 $ 0.10 $ 8.00 $ 0.140 $ 0.120
Y2 $ 0.630 $ 6.300 $ 0.147 $ 0.126
Y3 $ 0.662 $ 6.615 $ 0.154 $ 0.132
Y4 $ 0.695 $ 6.946 $ 0.162 $ 0.139
Y5 $ 0.729 $ 7.293 $ 0.170 $ 0.146
Term
Under the Santa Barbara local enabling ordinance, the District may be established for an initial term of 5 years, and the term for renewal of the existing district may be as long as 20 years and shall not exceed 20 years. This management district plan will authorize the creation of the Coast Village CBID for the initial fiveyear period. 25 Time and Manner for Collecting Assessments
The Coast Village CBID assessments will appear as a separate line item on annual property tax bills prepared by the County of Santa Barbara Tax Assessor. The assessments are collected at the same time and in the same manner as ad valorem property taxes paid to the County. The assessments have the same lien priority and penalties for delinquent payments as ad valorem property taxes. directly to the CBID property owners in late 2021 or early 2022 to fund the services outlined in this plan.
Budget Adjustments
Annual budget surpluses, if any, will be rolled into the following year’s budget. Assessments will be set annually. Revenues from delinquent accounts may be expended in the year they are received.
Disestablishment
California Streets and Highways Code section 36670 as well as the local CBD enabling ordinance provides for the disestablishment of a District. Provisions for annual disestablishment of the District are provided for in the local enabling ordinance. Property owners dissatisfied with the results, management or quality of the services may petition the City Council to disestablish the District, in the same method in which they petitioned the City Council to establish it. The same petition threshold needed to establish the District will also be needed to trigger a disestablishment of the District on an annual basis.
Section 36670 of the State Streets and Highway Code states:
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
Unexpended surplus funds will be returned to property owners based upon each property owner’s percentage contribution to the previous fiscal year’s assessments.
Government Assessments
The Coast Village CBID Management Plan assumes that the any public or tax-exempt parcels shall pay into the district in proportion to the assessments paid for services. There are currently no public or tax-exempt parcels in the proposed Coast Village CBID.
26 There are no specific rules and regulations prescribed for the proposed Coast Village Community Benefit Improvement District Management Corporation except that it will adhere to the open meeting and open records provisions of the Public Records Act. Under the Ralph M. Brown Act the Owners Association will seek to be as open and transparent to the CBID assessees and the public at large as is reasonably possible.
A new Coast Village CBID District Management Corporation (501c3), will be established once the district has been formed and shall serve in the capacity of the Owners Association consistent with State Statute and the local enabling ordinance.
The Coast Village CBID is expected to be established and begin assessing benefiting parcels as of the fourth quarter of calendar year 2022. The delivery of services is scheduled to commence in or around the winter of 2023.
Section 5
District Rules and Regulations and Governance
Section 6
Implementation Timetable
27 Annual
Assessment
009-211-012 $4,208.30
009-211-013 $6,035.10
009-211-014 $4,805.52
009-211-035 $3,209.52
009-211-038 $5,472.20
009-211-040 $13,901.38
009-211-043 $17,088.54
009-212-012 $2,350.60
009-212-013 $989.60
009-221-006 $6,828.02
009-222-010 $7,820.44
009-222-011 $4,783.32
009-222-025 $19,556.02
009-222-027 $11,692.76
009-230-001 $3,490.32
009-230-002 $6,188.90
009-230-031 $2,005.90
009-230-032 $1,331.24
009-230-035 $3,795.20
009-230-037 $8,648.30
009-230-038 $2,664.98
009-281-003 $5,538.90
009-291-001 $4,039.16
009-291-002 $2,564.60
009-291-003 $3,220.00
009-291-004 $3,224.00
009-291-005 $4,697.06
009-291-007 $7,739.00
009-291-008 $10,946.80
009-291-009 $2,751.86
009-291-010 $2,088.14
009-291-011 $1,188.40
009-291-012 $2,063.60
009-291-013 $7,546.86
009-291-019 $2,469.52
009-291-023 $5,907.86
009-291-025 $1,249.44
009-291-027 $939.90
009-291-029 $3,539.20
009-291-034 $4,278.90
009-291-035 $4,332.92
009-291-036 $4,479.24
009-291-037 $4,682.70
009-293-001 $3,147.28
009-293-002 $2,652.70
009-293-005 $2,768.24
009-293-006 $2,098.08
009-293-007 $16,907.38
009-530-001 $145.08
009-530-002 $145.08
009-530-003 $145.08
009-530-004 $125.64
009-530-005 $129.24
009-530-006 $149.64
009-530-007 $157.56
009-530-008 $139.80
009-530-009 $143.76
009-530-010 $155.16
009-530-011 $147.60
009-530-012 $145.08
009-540-001 $145.08
009-540-002 $145.08
009-540-003 $145.08
009-540-004 $125.64
009-540-005 $129.24
009-540-006 $145.08
009-540-007 $162.72
009-540-008 $141.72
009-540-009 $143.76
009-540-010 $155.16
009-540-011 $147.60
009-540-012 $145.08
009-540-013 $145.08
009-550-001 $145.08
009-550-002 $145.08
009-550-003 $145.08
009-550-004 $125.64
009-550-005 $129.24
009-550-006 $145.08
009-550-007 $162.72
009-550-008 $141.72
009-550-009 $143.76
009-550-010 $155.16
009-550-011 $147.60
009-550-012 $145.08
009-550-013 $145.08
009-730-001 $788.98
009-730-002 $1,861.22
009-730-003 $1,500.40
009-730-004 $1,111.20
009-730-005 $0.00
009-740-001 $213.60
Section 7
Assessment Roll of Properties Included
28 009-740-002 $257.28
009-740-003 $1,003.92
009-740-004 $521.08
009-740-005 $488.12
009-740-006 $889.28
009-740-007 $236.88
009-740-008 $235.76
009-740-009 $254.52
009-740-010 $2,169.90
009-760-001 $378.36
009-760-002 $356.28
009-760-003 $284.16
009-760-004 $374.28
009-760-005 $447.00
009-760-006 $496.00
009-760-007 $421.12
009-760-008 $585.00
009-760-009 $768.36
009-760-010 $2,485.50
017-391-001 $3,821.86
017-391-002 $1,323.66
017-391-003 $2,049.92
017-391-008 $12,016.52
29 CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 29, 2022
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Water Supply Update
RECOMMENDATION: That Council:
A. Receive a water supply update; and
B. Approve an increase in expenditure appropriations in the Water Operating Fund in the amount of $2,000,000 in Fiscal Year (FY) 2022, funded from Water Operating Fund Reserves, for supplemental water purchases through the Central Coast Water Authority.
DISCUSSION:
In January 2022 staff provided a water supply update to Council based on an updated water supply planning assessment through Water Year (WY) 2024 (the 12-month period ending in September 2024). At that time, based on conservative assumptions regarding rainfall during the current winter, staff found that even under drought conditions, the City’s water demands can be met for the next two years (through WY 2023) using a combination of carryover water from Lake Cachuma, Mission Tunnel infiltration, desalination, groundwater pumping, and recycled water. Staff recommended monitoring rainfall amounts during the winter months of December through March and coming back with an update in the spring of 2022.
Updates to the City’s water supply planning strategy are conservative. The recent analysis assumed hydrological conditions similar to actual conditions during the most recent drought.
Under this scenario, there is little to no rainfall for three years, resulting in no inflows locally into both Lake Cachuma and Gibraltar Reservoir. It is also assumed that there are drought conditions statewide, which reduce the State Water Project (SWP) water allocation to zero percent in WY 2022 and 15 percent in WYs 2023 and 2024. This conservative planning approach allows staff to evaluate if the City has sufficient water to meet demands under three additional years of drought. To date, rainfall this water year both locally and statewide have been mixed. November, January, and February have seen nearly no precipitation. However, a storm in late October 2021 and a series of storms in December 2021 brought nearly 16 inches of rain to the City (at Gibraltar Reservoir). Sixteen inches of rain is 59 percent of our average annual rainfall.
As a result of the 2021 rains, Gibraltar Reservoir is currently 59 percent full with over 2,700 acre-feet (AF) of water stored, allowing staff to begin diverting water from Gibraltar for City Agenda Item No. 20
File Code No. 540.08
Council Agenda Report
Water Supply Update
March 29, 2022
use. Statewide, storms refilled important northern California reservoirs throughout the SWP to volumes high enough for the California Department of Water Resources (DWR) to issue a 15 percent allocation on the SWP for 2022. A 15 percent allocation equates to 495 AF of water for the City. As a result of these storms, the City’s water supply outlook has improved from the original analysis, which did not include any water available for City use from Gibraltar Reservoir or the SWP in WY 2022.
Conversely, the last two months have been warm and dry with almost zero precipitation, and the National Oceanic and Atmospheric Association’s National Weather Service is forecasting below average precipitation and average temperatures for March through May 2022. Santa Barbara typically receives the majority of its rainfall between December and March. The Central Coast Water Authority (CCWA), the City’s contractor for SWP water, recently suggested that if the dry weather continues statewide, DWR might reduce the 2022 SWP allocation from 15 to 10 percent. This would reduce the City’s allocation of SWP water from 495 AF to 330 AF for the year.
In addition to the unanticipated Gibraltar water and SWP water described above, the City is consistently operating the Charles E. Meyer Desalination Plant, which can produce approximately one-third of the City’s annual water demands. The City also has over 23,000 AF of water stored in Lake Cachuma. The water stored in Cachuma alone can meet the City’s water demands for the next two years. Additionally, current estimates are that there is approximately 10,000 AF and 3,800 AF of water available in Storage Unit No. 1 and the Foothill Groundwater Basin, respectively. Overall, the City is currently in a relatively secure water supply position. However, prudent planning necessitates continual preparation for more dry years ahead.
To ensure the City’s water supplies can be stretched through several more dry years, staff is taking the following actions:
Commencing deliveries of SWP water currently stored in San Luis Reservoir to Lake Cachuma for City use in spring 2022.
Commencing groundwater pumping from the Storage Unit No. 1 Groundwater Basin in the summer of 2022.
Constructing a pipeline to convey water pumped from the Alameda Well in Storage Unit No. 1 to the Ortega Groundwater Treatment Plant for treatment, so groundwater production from that well can commence in the summer of 2023 if needed.
For additional water supplies, staff is working with CCWA to secure up to 2,000 AF of supplemental water purchases through the SWP. This water can be stored in San Luis Reservoir for use by the City as needed into the next water year. No evaporation is applied to water stored in San Luis Reservoir. If next winter turns out to be wet, the water can be used to pay off the City’s water debt of 2,000 AF acquired because of water exchanges made to stretch the City’s water supplies in 2016. Initial investigations found that water is currently selling for $1,200 to $1,400 per AF. Based on the desire to acquire 2,000 AF of supplemental water and the range in costs, staff is recommending the appropriation of $2M from Water Fund reserves. There is currently $800k available for water purchases and the additional $2M will ensure the flexibility to respond when viable offers arise.
Council Agenda Report
Water Supply Update
March 29, 2022
Water conservation is another useful tool for stretching limited water supplies. Santa Barbara water customers have truly invested in a “conservation as a way of life” approach to water use in our community. The City’s current water demands are 25 percent less than 2013 baseline water demands (the previous “pre-drought” baseline set by the state), resulting in approximately 3,400 AF of annual savings compared to 2013. This commendable level of water conservation, in conjunction with operation of the desal plant, has allowed the City to build up water stored in Lake Cachuma to current levels, leaving the City in a relatively secure water supply position, despite ongoing dry conditions.
Statewide, Governor Newsome declared a Drought Emergency in October 2021, asking Californians to reduce their water use by 15 percent compared to 2020-baseline usage. The declaration did not require specific regulations for water agencies, and the new 2020 baseline was designed to target communities whose water demand had rebounded significantly after the average and above-average rainfall in the winters of 2017 and 2019. Santa Barbara has not seen such a significant rebound in water use. A 15 percent reduction compared to 2020 water use in Santa Barbara is equivalent to a 37 percent reduction compared to 2013 water use. While the City did achieve levels of conservation as high as 43 percent in 2017, local regulations included a mandatory lawn-watering ban and other restrictions on water use. A “one size fits all” statewide mandate on water conservation unnecessarily burdens communities like Santa Barbara who excelled at conserving water throughout this extended drought.
Staff is monitoring potential new drought regulations and requirements from the state, and providing comments as the opportunity arises regarding the overly burdensome nature of a “one size fits all approach.” Staff anticipates the state will release additional requirements for water agencies later in the spring. At that time, staff will return to the Water Commission and Council to discuss any mandated regulations and if a change to the City’s current Stage One Water Supply condition, which asks for voluntary 15 percent conservation compared to the 2013 baseline, is required and/or warranted.
BUDGET/FINANCIAL INFORMATION:
With the proposed expenditure appropriations, there are sufficient appropriations in the Water Operating Fund to cover the cost of anticipated supplemental water purchases through the Central Coast Water Authority in FY2022, and Water Operating Fund reserves remain above Council policy.
WATER COMMISSION RECOMMENDATION:
This item was presented to the Water Commission at its meeting on March 17, 2022, and the Commission voted 5-0 in support of staff’s recommendation.
A copy of the CCWA Participation Agreement may be requested from the Public Works Department for public review by contacting [email protected].
PREPARED BY: Joshua Haggmark, P.E., Water Resources Manager/DC SUBMITTED BY: Clifford M. Maurer, P.E, Public Works Director APPROVED BY: City Administrator’s Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 29, 2022
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community Development Department
SUBJECT: Community Development And Human Services Committee Recommendations For Fiscal Year 2023 And Action Plan Public Hearing RECOMMENDATION: That Council:
A. Approve the Fiscal Year 2023 funding recommendations of the Community Development and Human Services Committee (CDHSC) for use of Human Services and Community Development Block Grant funds;
B. Authorize the Community Development Director to negotiate and execute grant agreements implementing the funding recommendations, subject to the review and approval as to form by the City Attorney; and
C. Conduct a public hearing to obtain input on the City’s Annual Action Plan for Fiscal Year 2023.
EXECUTIVE SUMMARY:
Each year the City awards Human Services grants to entities that serve City residents, with funding coming from the General Fund and federal Community Development Block Grant (CDBG) funds. The total program budget is approximately $1.7 million. The City received 55 funding requests for Fiscal Year 2023, which totaled approximately $2.2 million. After an extensive review of each application, the Community Development and Human Services Committee (CDHSC) is recommending funding for 47 proposals. The recommendations adhere to the criteria and priorities previously approved by City Council. In order to receive CDBG and HOME Investment Partnership Program funding, the City must submit an Annual Action Plan (AAP) that outlines its annual strategies and goals to address identified housing and community development needs. At least two public hearings must be held during its development, and this meeting serves as the second public hearing.
Agenda Item No. 21
File Code No. 610.05
Council Agenda Report
Community Development And Human Services Committee Recommendations For Fiscal Year 2023 And Action Plan Public Hearing
March 29, 2022
DISCUSSION:
On October 26, 2021, Council established a Fiscal Year 2023 General Fund commitment of $726,150 to support Human Service programs that provide direct services to lowincome City residents. The grant recommendations listed in this report are for a 12-month period beginning July 1, 2022, and are funded with a combination of Human Services and CDBG dollars.
CDBG funding is provided annually to the City, and can be used for a variety of eligible activities benefiting low- and moderate-income persons. By law, up to 15 percent of CDBG funds may be used for public service activities, and up to 20 percent may be allocated for administration of the CDBG and Fair Housing programs. The remaining 65 percent may be used for capital construction and economic development projects.
At the time the recommendations were developed, the City had not been notified of its Fiscal Year 2022–2023 CDBG allocation, so the recommended grant amounts were based on estimated level funding from Fiscal Year 2021–2022. Prior-year unexpended CDBG funds, unexpended CDBG-CV funds (CDBG funding to cover Coronavirus response), and program income are also available. A contingency plan was developed in the event of reduced or increased CDBG funds, which is explained further in this report.
Since that time, HUD has notified the City of its actual allocation and the contingency plan has been implemented. The Budget section of this report reflects the revised numbers.
Funding Priorities
On October 26, 2021, Council adopted the following Public/Human Services priorities:
• 1
st Priority – Programs that help meet basic human needs, specifically food, shelter/housing, medical (physical and mental); and
• 2
nd Priority – Proposals that reduce the impact of violence and/or are preventive in nature and/or promote the highest degree of functioning the individual is capable of achieving.
At the same time, Council adopted the following priorities for CDBG proposals:
• Homeless Assistance – Programs that provide services to homeless individuals and families, and victims of domestic violence.
• Public Facilities and Infrastructure – Capital projects that improve facilities of organizations that serve low- and moderate-income residents, and public infrastructure and parks improvements in low- and moderate-income neighborhoods.
• Economic Development – Support of programs that provide self-employment training and small business loans.
Council Agenda Report
Community Development And Human Services Committee Recommendations For Fiscal Year 2023 And Action Plan Public Hearing
March 29, 2022
Funding Process
Advance notice of funding availability was emailed to all agencies that had communicated an interest in applying, applied for funding in the past two years, or received a current grant. Additionally, an advertisement was published in the Santa Barbara Independent, posted on the home page of the City of Santa Barbara’s website and Facebook page, and posted on the Nonprofit Resource Network of Santa Barbara County website. Links to the application website, instructions, informational and educational materials, and Frequently Asked Questions were added to the City website as well.
A mandatory Application Workshop for prospective applicants was held on November 18, 2021, via GoToWebinar. The grant application period opened on November 22, 2021.
Staff provided applicants with assistance completing the application and offered feedback on applications that were submitted prior to the deadline. Applications were submitted electronically using a web-based platform.
Fifty-five applications were submitted by the December 22, 2021, deadline. The total requested funding equaled approximately $2.2 million, which exceeded the available funding for Public/Human Service programs and Capital projects by more than $650 thousand dollars.
The application review process was a significant undertaking that occurred through January and February. Applications were reviewed by the CDHSC, a citizen review panel appointed by Council to make funding recommendations. As part of the process, Committee members analyzed each application package, which included a 35-question application form, proposed outcome measures, a client demographics page, a program and agency budget, and board of directors’ roster. Applicants were also required to submit independently reviewed financial reports and tax returns, which staff evaluated in order to notify the Committee of any potential concerns, such as excessive debt or operating deficits.
The Committee spent three nights interviewing applicants, followed by a fourth meeting to deliberate on the requests before the members made their individual scores.
Committee members also conducted site visits and reviewed the performance reports of applicants that have previously received Human Service/CDBG funds.
Committee members scored applicants based on their written proposals and verbal presentations. Committee members who had a conflict of interest with an applicant were required to abstain from scoring that particular application. An additional meeting was held on February 17, 2022, to allow Committee members to publicly confirm their individual scores and recommended funding.
Applicants’ average scores were determined using the Olympic method. Under this system, individual committee member scores are tallied, with the highest and lowest Council Agenda Report
Community Development And Human Services Committee Recommendations For Fiscal Year 2023 And Action Plan Public Hearing
March 29, 2022
score/amount removed, and the resulting amount then divided by the remaining number of members who entered a score.
The committee formulated the recommended funding amounts for each application using the applicant’s Olympic score and prior year funding as a starting point, while considering other important factors, such as priority, community need, duplication of services, etc.
The full Committee approved the final recommendations on February 22, 2022.
Recommendations
The Committee developed its recommendations in accordance with the Funding Criteria and Priorities previously adopted by Council. A complete list of the Committee’s recommendations, by priority and rating, is included as Attachment 1.
In the Public/Human Services category, the CDHSC is recommending funding for 43 proposals. In the Capital category, four proposals are recommended for funding.
A detailed description of the application process, including funding criteria and priorities, and a complete listing of grant awards for both Human Services and CDBG funds are included in the CDHSC Report on Funding Recommendations Fiscal Year 2022–2023.
This report is available for public review on the City’s Human Services and CDBG web page, https://www.santabarbaraca.gov/services/hhs/cdbg/default.asp.
U.S. Dept. of Housing and Urban Development (HUD) Annual Action Plan Federal regulations require that the City of Santa Barbara prepare a Consolidated Plan, which outlines the City’s five-year strategy and goals to address identified housing and community development needs. The City’s current Consolidated Plan was submitted in 2020.
In addition to the Consolidated Plan, the City must submit an Annual Action Plan (AAP), which identifies specific activities that will be undertaken to accomplish the goals stated in the five-year plan. The 2022–23 AAP is the third program year of the five-year plan and incorporates the Fiscal Year 2023 funding recommendations described in this report.
HUD requires that at least two public hearings be held during development of the AAP; this meeting is the second public hearing. The first public hearing was held on October 26, 2021, before the CDHSC. Comments received during this hearing will be incorporated into the final AAP document, which will be brought before Council for final adoption prior to submittal to HUD.
The draft AAP will be available for a 30-day public review period starting March 31, 2022 on the City’s CDBG and Human Services web page,
https://www.santabarbaraca.gov/services/hhs/cdbg/default.asp. Comments can be Council Agenda Report
Community Development And Human Services Committee Recommendations For Fiscal Year 2023 And Action Plan Public Hearing
March 29, 2022
submitted to City staff at (805) 564-2624 and at [email protected]. Comments must be received by May 3, 2022
BUDGET/FINANCIAL INFORMATION:
The recommendations in this report are based on the combination of $726,150 in City Human Services funds, $909,454 in CDBG entitlement funds, $74,418 in prior-year unexpended CDBG funds, and $60,000 in CDBG Program Income funds. The total amount available is estimated at $1,770,022.
Of the total $1,770,022, the following is available per funding category:
• Public/Human Service: $862,568
• Capital: $665,563
• CDBG Administration/Fair Housing: $241,891
Contingency Plan
Because HUD had not announced the City’s actual CDBG allocation at the time the recommendations were developed, the Committee also formulated contingency plans in case actual CDBG funds allocated to the City were higher or lower than estimated. The contingency plan was as follows.
In the event of increased CDBG funding:
• Public/Human Services – The excess available funds will be distributed equally to the five highest-scoring Priority One applicants who did not already receive full funding until the excess is depleted.
• Capital – The excess available funds will be equally distributed among all the applicants. If the increase is more than $25,000, the committee will reconvene to make a revised recommendation.
Should CDBG funds be lower than expected, the recommended plan is as follows:
• Public/Human Services – The deficit funds will be divided equally among the ten lowest-scoring Priority 2 applicants, and reduced or eliminated, until the deficit is depleted. If, as a result of this contingency plan, the recommendation to a particular applicant is less than the City’s $9,000 minimum grant amount, that minimum will be waived.
• Capital – In the event CDBG Funds are decreased, the recommended funds will be reduced equally among all applicants until the deficit is eliminated. If the deficit is more than $25,000, the committee will reconvene to make a revised recommendation.
Council Agenda Report
Community Development And Human Services Committee Recommendations For Fiscal Year 2023 And Action Plan Public Hearing
March 29, 2022
The list of recommendations attached to this report reflect the contingency plan for reduced CDBG funds.
Copies of the Human Services and Community Development Block Grant agreements are attached.
ATTACHMENTS: 1. Community Development and Human Services Committee Fiscal Year 2023 Funding Recommendations by Priority and Rating
2. Human Services Grant Agreement Templates
3. CDBG Public Services Grant Agreement Template
4. CDBG Capital Grant Agreement Templates
PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA HUMAN SERVICE FUNDS THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2022 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as "City".
and
{{OrgContactInfo_OrgName}}, a California Nonprofit, hereinafter referred to as "Agency" RECITALS:
WHEREAS, City of Santa Barbara General Fund dollars have been made available to be expended at the discretion of the City; (hereinafter referred to as "Human Service Funds"); WHEREAS, Agency submitted a proposal for funding to City Council consistent with the City-adopted priority criteria and deemed a highly desirable public service by the City Council; and WHEREAS, City Council has found and determined that Agency is operated for the betterment of the people living in and around the City of Santa Barbara.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2022 (“Effective Date”). The termination date is June 30, 2023 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any Human Service Funds remain unspent by Agency, said Human Service Funds shall automatically be returned to the City’s General Fund.
2. USE OF FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide Human Service Funds to Agency in the amount of ${{Funding_TotalAmount}} ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
2.2 Agency further agrees that Human Service Funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Agency desires to use Human Service Funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to the City its written request for the City’s consent to change the use of Human Service Funds.
ATTACHMENT 2
Agreement No. {{IDIS_ContractNumber}}
3. DISBURSEMENTS AND REPORTS
3.1 Commencing upon the Effective Date, Agency shall receive quarterly disbursements of Human Service funds, as outlined in the Schedule of Disbursements and Reporting Requirements attached hereto as Exhibit "C" and incorporated herein by this reference as though set forth in full.
3.2 The first quarterly disbursement shall be made upon satisfaction of the following four (4) conditions:
a. City Council authorizes execution of this Agreement; and b. Agreement is mutually executed by Agency and City; and c. Agency has submitted to the City an acceptable certificate of insurance pursuant to Section 13 of this Agreement; and
d. Agency has submitted, and City has accepted, all the required funding application attachments, including but not limited to, Board of Director’s minutes, audits and/or financial statements, and Federal Tax Return form 990.
3.3 Each quarterly disbursement following the first quarterly disbursement shall be made upon Agency performance of its Program as evidenced by a completed Quarterly Performance Report (Quarterly Report), submitted to the City not later than twenty-five (25) days after the end of the quarter in accordance with the schedule and conditions provided in Exhibit “C”.
3.4 Agency shall provide the following information in the Quarterly Report form as provided by the City:
a. Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Agency. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Agency’s service outputs; and
b. Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
c. Program narrative; and
d. Financial information documenting and verifying expenditures of Human Service Funds incurred during the quarter in an amount equal to, or greater than, the quarterly disbursement amount, and where applicable, a salary report form.
3.5 City staff must have reviewed and approved Agency’s submitted Quarterly Report prior to each disbursement of Human Service Funds after the first quarterly disbursed installment.
4. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Program. In particular, Agency shall keep all records and documents as may be necessary to enable Agreement No. {{IDIS_ContractNumber}}
the City to determine if the Human Service Funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to Human Service Funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
5. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
5.1 Agency shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Agency shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
5.2 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours.
5.3 Agency also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Agency's fiscal year end:
5.3.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.
5.3.2 A financial review shall be required if Agency’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
5.3.3 A financial compilation shall be required if Agency’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Agency. Said accountant or bookkeeper shall disclose his or her affiliation to Agency.
6. SOURCE AND AVAILABILITY OF HUMAN SERVICE FUNDS
Agency acknowledges that the Human Service Funds being used for the purposes of this Agreement are funds subject to an annual City budget appropriation and allocation by the City Council of the City of Santa Barbara. Agency agrees that in the event the Human Service Funds made available by the City Council are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Agency hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments. City and Agency agree that if the City's FY 2022-2023 Human Services Funds are decreased or eliminated before the end of FY 2022-2023, this Agreement shall be reduced accordingly based on the available Human Services Funds.
Agreement No. {{IDIS_ContractNumber}}
7. COMPLIANCE WITH LAWS AND REGULATIONS
Agency agrees that it shall comply with all federal, state and city laws and regulations applicable to the Program to be conducted hereunder.
8. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
9. EVENTS OF DEFAULT
This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
9.1 FAILURE TO USE HUMAN SERVICE FUNDS AS INTENDED -- Agency’s failure to use Human Service funds for purposes that qualify for expenditures in accordance with Exhibit B.
9.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
9.3 BANKRUPTCY OR INSOLVENCY -- Agency’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
9.4 DEFAULT UNDER AGREEMENT -- Agency's breach of the covenants or obligations under this Agreement.
9.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Agency’s failure to maintain insurance coverage as specified in Section 13 herein.
10. RIGHTS AND OBLIGATIONS UPON DEFAULT
10.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of the City written demand.
10.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date of this Agreement, it is determined by City that Human Service Funds provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest within 120 days of the City request.
Agreement No. {{IDIS_ContractNumber}}
10.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
10.4 CURE -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
11. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of the Program and of this Agreement.
12. DEFENSE, INDEMNITY AND HOLD HARMLESS
12.1 To the fullest extent permitted by law, Agency will (1) immediately defend and (2) indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Agency, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Agency’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by the City.
12.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.
12.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
12.4 Agency’s costs of providing defense under this section shall not exceed Agency’s proportionate percentage of fault as finally adjudicated by a court of law, as required by California Civil Code section 2782.8. Agency may submit a claim to the City for reimbursement of reasonable Agreement No. {{IDIS_ContractNumber}}
attorneys’ fees and defense costs in excess of Agency’s proportionate percentage of fault as finally adjudicated.
13. INSURANCE
13.1 As part of the consideration of this Agreement, Agency agrees to purchase and maintain at its sole cost and expense during the life of this agreement insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Agency, its agents, representatives, or employees.
13.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:
13.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
13.2.2 Workers' Compensation: In accordance with the provisions of the California Labor Code, Agency is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least $1,000,000 shall cover all Agency's staff while performing any work incidental to the performance or this agreement.
If the Agency maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by the Agency.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
13.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
13.3.1 Additional Insured Status – City, its officers, employees, and agents, shall be covered as additional insureds on the Commercial General Liability and the Automobile Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Agency. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.
13.3.2 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors. For Commercial Agreement No. {{IDIS_ContractNumber}}
General Liability coverage subcontractors shall provide coverage with a format at least as broad as Insurance Services Office form CG 20 38 04 13.
13.3.3 Notice of Cancellation - A provision that coverage will not be cancelled or subject to reduction without written notice given to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
13.3.4 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Agency’s insurance and shall not contribute with it.
13.3.5 Waiver of Subrogation - Agency hereby agrees to waive rights of subrogation which any insurer of Agency may acquire from Agency by virtue of the payment of any loss.
Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents and subcontractors.
13.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers that have a current rating from AM Best of no less than A: VII; and are admitted insurance companies in the State of California. All other insurers require prior approval of the City.
13.5 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.
Alternately, City may purchase such required insurance coverage, and without further notice to Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.
13.6 Self-Insured Retentions - Any self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Agency shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Agency shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
13.7 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be Agreement No. {{IDIS_ContractNumber}}
completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
Agency shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
14. INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Agency, while engaged in conducting the Program and complying with any of the terms of this Agreement, is an independent contractor and is not an officer, agent or employee of the City; and officers, employees and agents of Agency are not entitled to any of the benefits of City employees.
15. ASSIGNMENT AND SUBCONTRACTING
Agency shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Agency shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.
16. NONDISCRIMINATION
Agency agrees to comply in all respects with the nondiscrimination certificate entitled Nondiscriminatory Employment Certificate (SBMC 9.126), attached hereto as Exhibit "E" and incorporated herein by reference as though set forth in full.
17. POLITICAL USES PROHIBITED
Agency shall not use any of the Human Service Funds allocated to it by City Council pursuant to this Agreement, for the support of any political candidates, for the furtherance of any political issues or causes, or for any other political purposes whatsoever.
18. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
Executive Director Community Development Department
{{OrgContactInfo_OrgName}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_12}} P.O. Box 2090 {{OrgContactInfo_MailingAddress_Address_CSZ}} Santa Barbara, CA 93102-2090 Agreement No. {{IDIS_ContractNumber}}
19. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
20. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
21. AGENCY TRANSPARENCY
Agency shall fully complete Exhibit “F”, incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with City Council direction.
22. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
23. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah Knecht
Assistant City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} «GOAL_1»
2. {{Measurables_Ouput2Description}} «GOAL_2»
3. {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.
Outcome Measure Outcome
Goal %
1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»
2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»
3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $26,250 $30,000 $33,750 $37,450 $40,450 $43,450 $46,450 $49,450 Low 31 - 50% $43,750 $50,000 $56,250 $62,450 $67,450 $72,450 $77,450 $82,450 Moderate 51%-80% $70,050 $80,050 $90,050 $100,050 $108,100 $116,100 $124,100 $132,100 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $90,100
* Maximum Income for Various Income Categories 2021
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLow Income2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLo wIncome2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModIn
come2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAbove ModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B
PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara Human Services {{Funding_TotalAmo unt}}
Other City/County Funds Click here to enter text.
State Federal Funds Click here to enter text.
Foundations/Trusts Click here to enter text.
Donations Click here to enter text.
Client Fees Click here to enter text.
In-Kind Click here to enter text.
Other Click here to enter text.
Total Revenues Click here to enter text.
EXPENSES
Expenses Amount City SB HS Funds $
Salaries, Benefits, Payroll Taxes* Click here to enter text. Click here to enter text.
Consultants and Contracts Click here to enter text. Click here to enter text.
Facility, Utilities, Maintenance Click here to enter text. Click here to enter text.
Telephone Click here to enter text. Click here to enter text.
Supplies Click here to enter text. Click here to enter text.
Postage & Shipping Click here to enter text. Click here to enter text.
Marketing (Printing, Advertising) Click here to enter text. Click here to enter text.
Travel, Mileage, Training Click here to enter text. Click here to enter text.
Insurance Click here to enter text. Click here to enter text.
Other Click here to enter text. Click here to enter text.
Total Expenses Click here to enter text. Click here to enter text.
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom Human Service Funds are allocated):
Position/Title Name Human Services Amount
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Human Services Reports are due within 25 days after the end of the quarter. If the 25th falls on a weekend or holiday, the due date is the last business day prior to the 25th.
The reporting periods are as follow:
Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2023
Human Services Funds are disbursed in quarterly installments, contingent upon conditions set forth in Section 3 of this Agreement, according to the schedule below:
Installment No. Est. Payment Date Quarterly Amount
1 Upon City’s Execution of Grant Agreement {{IDIS_DisbursementPerQ uarter}}
2 Upon Review and Approval of Q1 Report {{IDIS_DisbursementPerQ uarter}}
3 Upon Review and Approval of Q2 Report {{IDIS_DisbursementPerQ uarter}}
4 Upon Review and Approval of Q3 Report {{IDIS_DisbursementPerQ uarter}}
Total Allocation {{Funding_TotalAmount}}
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
The financial section of AGENCY’S Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of City Human Service funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.
SOURCE DOCUMENTATION – All Human Service grant expenditures shall be supported by source documentation. The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.
Complete and accurate documentation that supports each request for quarterly disbursement of Human Service Funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.
The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.
PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to Human Service funds shall be clearly identified. If an employee’s time is split between Human Service funds and another funding source, time and activity distribution records supporting the actual staff activity and time charged to Human Service funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of Human Service Funds.
VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from Human Service Funds has income to qualify as Low-Moderate Income.
Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} A. ACCOUNTING Initials
1. Agency will maintain written accounting procedures.
2. A clear audit trail will be maintained for each Quarterly Report.
3. Print name and affix signature of responsible party to receive and deposit City checks:
Name: Click here to enter text. Signature:
4. Two signatures are required on Human Service funds expense checks. Print names and affix signatures of those responsible for signing checks (attach additional sheet if necessary):
Name: Click here to enter text. Signature:
Name: Click here to enter text. Signature:
5. Print name and affix signature of who will be responsible for the preparation of the fiscal reports and Human Service funds claims:
Name: Click here to enter text. Signature:
6. If bookkeeping is handled by an outside firm, give name and address:
Firm name: Click here to enter text. Address: Click here to enter text.
7. In what bank are you depositing your Human Services funds? Bank Account Name: Click here to enter text.
Account Number: Click here to enter text.
Branch Address: Click here to enter text.
8. Name of responsible person to review cash
reconciliations?
Name: Click here to enter text.
9. Financial status reports are submitted to Agency Board of Directors:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here.
B. CASH RECORDS Initials
1. Checks will be pre-printed and pre-numbered.
2. Voided checks will be accounted for and kept on record.
3. Grant claims will be backed by invoices and marked to avoid resubmission.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C. PAYROLL Initials
1. Agency will keep timesheets.
2. Employee and supervisor will sign timesheets.
3. Timesheets will correspond with payroll periods.
4. Timesheets will indicate daily time worked.
5. Payrolls will be approved by an authorized person.
6. Payroll register or earnings record will be kept.
7. Cumulative Records will be kept.
8. Employee files will be kept containing:
W-4 form
Authorized Deductions
Work History
Employment Application
9. Copies of federal depository receipts and quarterly reports must be kept. State how often deposit withholdings are deposited in a federal depository:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here.
D. AUDIT Initial applicable row
Agency will obtain annual financial audit (revenues over $2 million) Agency will obtain annual financial review (revenues between $500,000 and $1.99 mil.) Agency will obtain annual financial compilation (for revenues $499,999 or less) Auditor Name: Click here to enter text. Auditor Address: Click here to enter text.
Phone: Click here to enter text. Email: Click here to enter text.
E. MISC.
Agency IRS No.: Click here to enter text. Agency State I.D.: Click here to enter text.
Agency DUNS No.: Click here to enter text.
I hereby certify that Agency will comply with the requirements of Exhibit D identified above in accordance with Section 5 of this Agreement.
Signature Title
Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA HUMAN SERVICE FUNDS THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2022 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as “City” CITY
and
CITY OF SANTA BARBARA,
{{OrgContactInfo_OrgName}}, hereinafter referred
to as "Department."
RECITALS:
WHEREAS, City of Santa Barbara General Fund dollars have been made available to be expended at the discretion of the City; (hereinafter referred to as "Human Service Funds"); WHEREAS, Department submitted a proposal for funding to City Council consistent with the City-adopted priority criteria and deemed a highly desirable public service by the City Council; and WHEREAS, City Council has found and determined that Department is operated for the betterment of the people living in and around the City of Santa Barbara.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2022 (“Effective Date”). The termination date is June 30, 2023 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any Human Service Funds remain unspent by Department, said Human Service Funds shall automatically be returned to the City’s General Fund.
2. USE OF FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide Human Service Funds to Agency in the amount of ${{Funding_TotalAmount}} ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
2.2 Department further agrees that Human Service Funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Department desires to use Human Service Funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Department shall first submit to the City its written request for the City’s consent to change the use of Human Service Funds.
Agreement No. {{IDIS_ContractNumber}}
3. DISBURSEMENTS AND REPORTS
3.1 Commencing upon the Effective Date, Department shall receive quarterly disbursements of Human Service funds, as outlined in the Schedule of Disbursements and Reporting Requirements attached hereto as Exhibit "C" and incorporated herein by this reference as though set forth in full.
3.2 The first quarterly disbursement shall be made upon satisfaction of the following four (4) conditions:
a. City Council authorizes execution of this Agreement; and b. Agreement is mutually executed by Department and City; and
3.3 Each quarterly disbursement following the first quarterly disbursement shall be made upon Department performance of its Program as evidenced by a completed Quarterly Performance Report (Quarterly Report), submitted to the City not later than twenty-five (25) days after the end of the quarter in accordance with the schedule and conditions provided in Exhibit “C”.
3.4 Department shall provide the following information in the Quarterly Report form as provided by the City:
a. Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Department. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Department’s service outputs; and
b. Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
c. Program narrative; and
d. Financial information documenting and verifying expenditures of Human Service Funds incurred during the quarter in an amount equal to, or greater than, the quarterly disbursement amount, and where applicable, a salary report form.
3.5 City staff must have reviewed and approved Department’s submitted Quarterly Report prior to each disbursement of Human Service Funds after the first quarterly disbursed installment.
4. DEPARTMENT TO MAINTAIN RECORDS
Department shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Department in conducting the Program. In particular, Department shall keep all records and documents as may be necessary to enable the City to determine if the Human Service Funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to Human Service Funds. At City's request, Department shall furnish City with a copy of any record(s) maintained Agreement No. {{IDIS_ContractNumber}}
by Department pursuant to the terms of this Agreement. Department shall maintain all such records for at least five (5) years after the termination of this Agreement.
5. AUDIT OF DEPARTMENT'S RECORDS AND FINANCIAL MANAGEMENT
5.1 Department shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Department shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
5.2 City shall have the right to audit and review all records maintained by Department pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Department's regular business hours.
5.3 Department also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Department's fiscal year end:
5.3.1 A financial audit shall be required if Department’s annual budget revenues exceeds $2 million.
5.3.2 A financial review shall be required if Department’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
5.3.3 A financial compilation shall be required if Department’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Department. Said accountant or bookkeeper shall disclose his or her affiliation to Department.
6. SOURCE AND AVAILABILITY OF HUMAN SERVICE FUNDS
Department acknowledges that the Human Service Funds being used for the purposes of this Agreement are funds subject to an annual City budget appropriation and allocation by the City Council of the City of Santa Barbara. Department agrees that in the event the Human Service Funds made available by the City Council are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Department, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Department hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments.
City and Department agree that if the City's FY 2022-2023 Human Services Funds are decreased or eliminated before the end of FY 2022-2023, this Agreement shall be reduced accordingly based on the available Human Services Funds.
Agreement No. {{IDIS_ContractNumber}}
7. COMPLIANCE WITH LAWS AND REGULATIONS
Department agrees that it shall comply with all federal, state and city laws and regulations applicable to the Program to be conducted hereunder.
8. LICENSES AND PERMITS
Department shall obtain and maintain, at Department's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
9. EVENTS OF DEFAULT
This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
9.1 FAILURE TO USE HUMAN SERVICE FUNDS AS INTENDED -- Department’s failure to use Human Service funds for purposes that qualify for expenditures in accordance with Exhibit B.
9.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Department’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
9.3 BANKRUPTCY OR INSOLVENCY -- Department’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
9.4 DEFAULT UNDER AGREEMENT -- Department's breach of the covenants or obligations under this Agreement.
9.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Department’s failure to maintain insurance coverage as specified in Section 13 herein.
10. RIGHTS AND OBLIGATIONS UPON DEFAULT
10.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Department reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Department shall pay such amount due to City within 120 days of the City written demand.
10.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date of this Agreement, it is determined by City that Human Service Funds provided under the terms of this Agreement have been used by or on behalf of Department for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Department shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, Agreement No. {{IDIS_ContractNumber}}
including interest accrued on such amounts at the legal rate of interest within 120 days of the City request.
10.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Department in writing of such occurrence, including a description of the Event of Default.
10.4 CURE -- Department shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Department, or, if the Event of Default cannot reasonably be cured in 30 days, then Department shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Department shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Department so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
11. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Department thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Department prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of the Program and of this Agreement.
12. ASSIGNMENT AND SUBCONTRACTING
Department shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Department shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.
13. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER PUBLIC OFFICIALS No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of CITY's Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Department for the performance of work financed in whole or in part with the proceeds of this Agreement.
14. NONDISCRIMINATION
Department agrees to comply in all respects with the nondiscrimination certificate entitled Nondiscriminatory Employment Certificate (SBMC 9.126), attached hereto as Exhibit "E" and incorporated herein by reference as though set forth in full.
Agreement No. {{IDIS_ContractNumber}}
15. POLITICAL USES PROHIBITED
Department shall not use any of the Human Service Funds allocated to it by City Council pursuant to this Agreement, for the support of any political candidates, for the furtherance of any political issues or causes, or for any other political purposes whatsoever.
16. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
Executive Director Community Development Department
{{OrgContactInfo_OrgName}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_12}} P.O. Box 2090 {{OrgContactInfo_MailingAddress_Address_CSZ}} Santa Barbara, CA 93102-2090
17. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
18. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
19. DEPARTMENT TRANSPARENCY
Department shall fully complete Exhibit “F”, incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with City Council direction.
20. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Click here to enter text.
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
APPROVED AS TO FORM:
Sarah Knecht
Assistant City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} «GOAL_1»
2. {{Measurables_Ouput2Description}} «GOAL_2»
3. {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.
Outcome Measure Outcome
Goal %
1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»
2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»
3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $26,250 $30,000 $33,750 $37,450 $40,450 $43,450 $46,450 $49,450 Low 31 - 50% $43,750 $50,000 $56,250 $62,450 $67,450 $72,450 $77,450 $82,450 Moderate 51%-80% $70,050 $80,050 $90,050 $100,050 $108,100 $116,100 $124,100 $132,100 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $90,100
* Maximum Income for Various Income Categories 2021
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLow Income2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLo wIncome2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModIn
come2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAbove ModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B
PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara Human Services {{Funding_TotalAmo unt}}
Other City/County Funds Click here to enter text.
State Federal Funds Click here to enter text.
Foundations/Trusts Click here to enter text.
Donations Click here to enter text.
Client Fees Click here to enter text.
In-Kind Click here to enter text.
Other Click here to enter text.
Total Revenues Click here to enter text.
EXPENSES
Expenses Amount City SB HS Funds $
Salaries, Benefits, Payroll Taxes* Click here to enter text. Click here to enter text.
Consultants and Contracts Click here to enter text. Click here to enter text.
Facility, Utilities, Maintenance Click here to enter text. Click here to enter text.
Telephone Click here to enter text. Click here to enter text.
Supplies Click here to enter text. Click here to enter text.
Postage & Shipping Click here to enter text. Click here to enter text.
Marketing (Printing, Advertising) Click here to enter text. Click here to enter text.
Travel, Mileage, Training Click here to enter text. Click here to enter text.
Insurance Click here to enter text. Click here to enter text.
Other Click here to enter text. Click here to enter text.
Total Expenses Click here to enter text. Click here to enter text.
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom Human Service Funds are allocated):
Position/Title Name Human Services Amount
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text. Click here to enter text.
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Human Services Reports are due within 25 days after the end of the quarter. If the 25th falls on a weekend or holiday, the due date is the last business day prior to the 25th.
The reporting periods are as follow:
Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2023
Human Services Funds are disbursed in quarterly installments, contingent upon conditions set forth in Section 3 of this Agreement, according to the schedule below:
Installment No. Est. Payment Date Quarterly Amount
1 Upon City’s Execution of Grant Agreement {{IDIS_DisbursementPerQ uarter}}
2 Upon Review and Approval of Q1 Report {{IDIS_DisbursementPerQ uarter}}
3 Upon Review and Approval of Q2 Report {{IDIS_DisbursementPerQ uarter}}
4 Upon Review and Approval of Q3 Report {{IDIS_DisbursementPerQ uarter}}
Total Allocation {{Funding_TotalAmount}}
Exhibit C
SCHEDULE OF DISBURSEMENTS AND REPORTS
C-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
The financial section of AGENCY’S Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of City Human Service funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.
SOURCE DOCUMENTATION – All Human Service grant expenditures shall be supported by source documentation. The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.
Complete and accurate documentation that supports each request for quarterly disbursement of Human Service Funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.
The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.
PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to Human Service funds shall be clearly identified. If an employee’s time is split between Human Service funds and another funding source, time and activity distribution records supporting the actual staff activity and time charged to Human Service funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of Human Service Funds.
VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from Human Service Funds has income to qualify as Low-Moderate Income.
Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.
Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} D-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} D-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2022 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as "City".
and
{{OrgContactInfo_OrgName}}, a California Nonprofit, hereinafter referred to as "Agency" RECITALS:
WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, Agency submitted a proposal for funding to the City Council of the City of Santa Barbara to provide public services consistent with the City’s adopted Consolidated Plan for CDBG funds; and
WHEREAS, the use of CDBG funds are subject to certain agreements and conditions as more particularly set out in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2022 (“Effective Date”). The termination date is June 30, 2023 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any CDBG funds remain unspent by Agency, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account.
1.3 CDBG funds will not be disbursed to Agency unless and until the conditions precedent below are either satisfied to the City’s satisfaction as determined in City’s sole discretion, or waived in writing by City:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Agency and City; and c. Agency has submitted to the City a certificate of insurance pursuant to Section 15 of this Agreement; and
ATTACHMENT 3
Agreement No. {{IDIS_ContractNumber}}
d. Agency has submitted, and City has accepted, all the required funding application attachments, including but not limited to, Board of Director’s minutes, audits and/or financial statements, and Federal Tax Return form 990.
2. USE OF CDBG FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide Human Service Funds to Agency in the amount of $$«Official_Amount» ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
2.2 Agency further agrees that CDBG funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Agency desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to the City its written request for the City’s consent to change the use of CDBG funds.
3. PROGRAM BENEFIT
3.1 City and Agency recognize and agree that the use of these CDBG funds must primarily benefit at least 51% of Agency’s low and moderate income clientele in accordance with the National Objectives of the CDBG program. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size as provided on Exhibit “A”. City agrees to provide Agency any updates to the income levels issued by HUD for use in the Program.
3.2 Agency and City hereby agree that benefit performance to low and moderate income clientele shall be demonstrated by Agency in the following manner:
3.2.1 To the maximum extent possible, Agency shall attempt to assist persons in areas where more than 51% of the residents are low to moderate income (Census Tracts 3.01,
3.02, 6, 7, 8.01, 8.04, 9, 10, 11.01, 11.02, 12.06, 12.08, and 13.04). While these areas of the City exhibit the greatest need for housing assistance and, therefore, require concentrated attention, this requirement shall not be construed to preclude the program from assisting persons outside the aforementioned area, or
3.2.2 Agency shall have income-eligibility requirements which limit the service to persons meeting the low and moderate income requirement, as evidenced by Agency’s procedures, intake/application forms, income limits, and other sources of documentation; or
3.2.3 Serve a group primarily presumed to be low and moderate income, such as abused children, battered spouses, elderly persons aged 62 and over, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or Agreement No. {{IDIS_ContractNumber}}
3.2.4 Be of such a nature and in a location that it may be concluded that the activity’s clientele are low and moderate income. Agency shall provide analysis and documentation describing how the nature and the location of the Program, or facility establishes that it is used predominantly by and benefits primarily low and moderate income persons; or
3.2.5 Maintenance of other information which City and Agency determine is necessary to document Program benefit.
4. DISBURSEMENTS AND REPORTING REQUIREMENTS
4.1 City and Agency agree that all disbursements made pursuant to this Agreement shall be on a quarterly reimbursement basis in the amount of {{IDIS_DisbursementPerQuarter}} per quarter. Reimbursement of CDBG funds is subject to Agency performance of the Program as evidenced by a completed Quarterly Performance Report (Quarterly Report) completed in accordance with the conditions provided Exhibit “C”, Requirements for Documentation of Expenditures, attached hereto and incorporated herein by this reference as though set forth in full.
4.2 Agency shall provide the following information in the Quarterly Report form as provided by the City:
4.2.1 Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Agency. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Agency’s service outputs; and
4.2.2 Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
4.2.3 Program narrative; and
4.2.4 Financial information documenting and verifying expenditures Agency incurred that are reimbursable with CDBG funds during the quarter in an amount equal to, or greater than, the quarterly reimbursement amount, and, where applicable, a salary report form
4.3 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th in accordance conditions provided in Exhibit “C.”
4.4 City staff review and approval of Agency’s submitted Quarterly Report is required prior to each disbursement of CDBG funds
5. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Program. In particular, Agency shall keep all records and documents as may be necessary to enable the City to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to CDBG funds. At Agreement No. {{IDIS_ContractNumber}}
City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
6. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
6.1 Agency shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Agency shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
6.2 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours. Said records shall be open to inspection and audit by City, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.
6.3 Agency also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Agency's fiscal year end:
6.3.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.
6.3.2 A financial review shall be required if Agency’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
6.3.3 A financial compilation shall be required if Agency’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Agency. Said accountant or bookkeeper shall disclose his or her affiliation to Agency.
6.3.4 If Agency expends $750,000 or more within their accounting year in federal funds, it will be subject to shall conduct a single-audit according to 2 CFR 200. Agency shall submit to City said single audit upon completion, or submit a written statement indicating that Agency was not subject to a single-audit.
7. SOURCE AND AVAILABILITY OF CDBG FUNDS
Agency acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Agency agrees that in the event the CDBG funds made available by this Agreement are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Agency hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments.
City and Agency agree that if the City's Fiscal Year 2022-2023 CDBG funds are decreased or Agreement No. {{IDIS_ContractNumber}}
eliminated before the end of Fiscal Year 2022-2023, this Agreement shall be reduced accordingly based on the available CDBG funds.
8. PROGRAM INCOME
8.1 Agency hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Agency shall return to the City any and all program income not used for the aforementioned purposes.
8.2 Upon termination of this Agreement, City may require remittance of all or part of any program income balances held by Agency, except those needed for immediate cash needs.
9. REVERSION OF ASSETS
Upon Termination Date, Agency shall transfer to City any unexpended CDBG funds on hand and any program income attributable to the use of CDBG funds.
10. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
11. EVENTS OF DEFAULT
11.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
11.1.1 FAILURE TO USE CDBG FUNDS AS INTENDED -- Agency’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.
11.1.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
11.1.3 BANKRUPTCY OR INSOLVENCY -- Agency’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
11.1.4 DEFAULT UNDER AGREEMENT -- Agency's breach of the covenants or obligations under this Agreement.
11.1.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Agency’s failure to maintain insurance coverage as specified in Section 15 herein.
Agreement No. {{IDIS_ContractNumber}}
12. RIGHTS AND OBLIGATIONS UPON DEFAULT
12.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of the City written demand.
12.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by City that CDBG funds provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of the City request.
12.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
12.4 CURE -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
13. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.
14. DEFENSE, INDEMNITY AND HOLD HARMLESS
14.1 To the fullest extent permitted by law, Agency will (1) immediately defend and (2) indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Agency, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not Agreement No. {{IDIS_ContractNumber}}
limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Agency’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by the City.
14.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.
14.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
14.4 Agency’s costs of providing defense under this section shall not exceed Agency’s proportionate percentage of fault as finally adjudicated by a court of law, as required by California Civil Code section 2782.8. Agency may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs in excess of Agency’s proportionate percentage of fault as finally adjudicated.
15. INSURANCE
15.1 As part of the consideration of this Agreement, Agency agrees to purchase and maintain at its sole cost and expense during the life of this agreement insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Agency, its agents, representatives, or employees.
15.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:
15.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
15.2.2 Workers' Compensation: In accordance with the provisions of the California Labor Code, Agency is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least $1,000,000 shall cover all Agency's staff while performing any work incidental to the performance or this agreement.
If the Agency maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by the Agency.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Agreement No. {{IDIS_ContractNumber}}
15.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
15.3.1 Additional Insured Status - City, its officers, employees, and agents, shall be covered as additional insureds on the Commercial General Liability and the Automobile Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Agency. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.
15.3.2 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors. For Commercial General Liability coverage subcontractors shall provide coverage with a format at least as broad as Insurance Services Office form CG 20 38 04 15.
15.3.3 Notice of Cancellation - A provision that coverage will not be cancelled or subject to reduction without written notice given to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
15.3.4 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Agency’s insurance and shall not contribute with it.
15.3.5 Waiver of Subrogation - Agency hereby agrees to waive rights of subrogation which any insurer of Agency may acquire from Agency by virtue of the payment of any loss.
Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents and subcontractors.
15.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers that have a current rating from AM Best of no less than A: VII; and are admitted insurance companies in the State of California. All other insurers require prior approval of the City.
15.5 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be Agreement No. {{IDIS_ContractNumber}}
held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.
Alternately, City may purchase such required insurance coverage, and without further notice to Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.
15.6 Self-Insured Retentions - Any self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Agency shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Agency shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
15.7 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
Agency shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
16. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Agency agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by the City, and to any amendments hereafter to City program guidelines and requirements. Agency agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
16.1 Community Development Block Grant Regulations -- The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and
16.2 Santa Barbara Municipal Code Non-discrimination Requirements -- The requirements of the “Nondiscrimination Employment Certificate” (SBMC 9.126), attached hereto as Exhibit “E” and incorporated herein by this reference as though set forth in full; and
16.3 Nondiscrimination In Federally Assisted Programs -- Title VI of the Civil Rights Act of 2064 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting Agreement No. {{IDIS_ContractNumber}}
discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and
16.4 Fair Housing Act -- Title VIII of the Civil Rights Act of 2068, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and
16.5 Equal Opportunity In Housing -- 24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and
16.6 Housing and Community Development Act -- Section 109 of the Housing and Community Development Act requiring 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; and
16.7 Rehabilitation Act Of 1973 -- Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on handicap in Federally-assisted and conducted programs and activities; and
16.8 Age Discrimination Act Of 1975 -- The Age Discrimination Act of 1975 (42 U.S.C. 6101- 07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
16.9 Equal Employment and Contracting Opportunity
16.9.1 The Agency will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
16.9.2 The Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
Agreement No. {{IDIS_ContractNumber}}
16.9.3 The Agency will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Agency's legal duty to furnish information.
16.9.4 The Agency will send to each labor union or representative of workers with which Agency has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Agency's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
16.9.5 The Agency will comply with all provisions of Executive Order 11246 of September 24, 2065, and of the rules, regulations, and relevant orders of the Secretary of Labor.
16.9.6 The Agency will furnish all information and reports required by Executive Order 11246 of September 24, 2065, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Agency’s books, records, and accounts by the administering Agency (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
16.9.7 In the event of the Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 2065, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 2065, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
16.9.8 The Agency will include the provisions of sections 16.9.1 – 16.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 2065, so that such provisions will be binding upon each subcontractor or vendor. The Agency will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Agreement No. {{IDIS_ContractNumber}}
Agency may request the United States to enter into such litigation to protect the interests of the United States; and
16.10 Debarred, Suspended Or Ineligible Contractors Or Subrecipients – The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and
16.11 Housing and Urban Development Act Of 1968 (12 U.S.C. 1701U) – 24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and
16.12 Minority And Women-Owned Businesses – Executive Orders 11625, 12432, and 12158, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Agency 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 fifty-one (51) percent owned and controlled by minority group members or women; and
16.13 Labor Standards
16.13.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Agency and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Agency and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Agency shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Agency of its obligation, if any, to require payment of the higher rates.
16.13.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and Agreement No. {{IDIS_ContractNumber}}
16.14 Environmental Review Standards
16.14.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 2069.
16.14.2 Nothing in this agreement shall obligate the City to reimburse any CDBG funds or authorize Agency to utilize any CDBG funds unless and until the City is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and
16.15 Clean Air Act and Water Pollution Control Act For Contracts In Excess Of $150,000 -- 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. 1251-1587). Violations will be reported to the Federal awarding Agency (HUD) and the Regional Office of the Environmental Protection Agency; and
16.16 Flood Disaster Protection Act of 1973 -- The requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and
16.17 Uniform Relocation Assistance -- Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 1970 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and
16.18 Executive Order 13279 -- The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and
16.19 Lead-Based Paint -- The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead-Based Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and
16.20 Historic Preservation -- The provisions of the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list; and
16.21 Drug-Free Workplace Act -- The Drug-Free Workplace Act of 1988 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and
Agreement No. {{IDIS_ContractNumber}}
16.22 Uniform Administrative Requirements -- The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Agency shall ensure compliance with the above uniform administrative requirements by any sub-grant or subcontract entered into by Agency that is financed in whole or in part with assistance provided under this Agreement; and
16.23 Conflict Of Interest -- The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and
16.24 Eligibility Restrictions -- The eligibility restrictions set forth by 24 CFR 570.615; and
16.25 Architectural Barriers Act And The Americans With Disabilities Act -- The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12151; 47 U.S.C. 155, 201, 219 and 225) (ADA); and
16.26 Prohibited Political and Lobbying Activities -- Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1552, federal funds shall not be used for publicity or propaganda purposes or to pay any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress designed to support or defeat legislation pending before federal, state, or local government; and
16.27 Federal Funding Accountability and Transparency Act -- Agency shall fully complete Exhibit “F”, attached hereto and incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Public Law 109–282. Agency acknowledges that, if applicable, data provided in Exhibit “F” will be reported in the FFATA Sub-award Reporting System.
17. INDEPENDENT CONTRACTOR
It is understood and agreed by the parties hereto that Agency, while engaged in conducting the Program and complying with any of the terms of this Agreement, is an independent contractor and is not an officer, agent or employee of the City; and officers, employees and agents of Agency are not entitled to any of the benefits of City employees.
18. ASSIGNMENT AND SUBCONTRACTING
Agency shall not assign, delegate, sub-contract, sub-grant, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement, or any monies payable hereunder, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. If the City provides consent, Agency shall incorporate or cause to be incorporated all applicable federal, state and local requirements provided for in this agreement and any such subcontract or agreement shall be subject to City prior review.
Agreement No. {{IDIS_ContractNumber}}
19. INTEREST OF CERTAIN FEDERAL OFFICIALS
Agency agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.
20. BONUS, COMMISSION OR FEE
Agency will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by City or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.
21. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER LOCAL PUBLIC
OFFICIALS
No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of the City's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Agency for the performance of work financed in whole or in part with the proceeds of this Agreement.
22. NOTICES
Communication and details concerning this Agreement shall be in writing and sent via US Mail and directed to the addressed as follows:
{{OrgContactInfo_ExecDirectorFName}}
{{OrgContactInfo_ExecDirectorLName}}
City of Santa Barbara
Executive Director Community Development Department
{{OrgContactInfo_OrgName}} Housing and Human Services Division {{OrgContactInfo_MailingAddress_Address_12}}
{{OrgContactInfo_MailingAddress_Address_CSZ}}
P.O. Box 2090
Santa Barbara, CA 93102-2090
23. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
24. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
Agreement No. {{IDIS_ContractNumber}}
25. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
26. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
{{OrgContactInfo_OrgName}}
Agreement No. {{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name:
{{OrgContactInfo_ExecDirectorF
Name}}
{{OrgContactInfo_ExecDirectorL
Name}}
Title: Executive Director
APPROVED AS TO CONTENT:
Laura Dubbels
Community Development Housing &
Human Services Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah Knecht
Assistant City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROGRAM NAME: {{Case_Name}}
TARGET POPULATION: {{ProjectInformation_TargetPopulation}} PROGRAM OUTPUTS – Number of Persons receiving service, i.e. meals served, clients counseled, meetings held, etc.
Output Goal Annual
Goal #
1. {{Measurables_Output1Description}} Click here to enter text. «GOAL_1»
2. {{Measurables_Output2Description}} «GOAL_2»
3. {{Measurables_Output3Description}} «GOAL_3»
MEASURABLE OUTCOMES – The expected change or result client will experience from program outputs.
Outcome Measure Outcome
Goal %
1. {{Measurables_Outcome1Detail}} «MO_1_GOAL»
2. {{Measurables_Outcome2Detail}} «MO_2_GOAL»
3. {{Measurables_Outcome3Detail}} «MO_3_GOAL»
Exhibit A
PROGRAM GOALS AND MEASURABLE OUTCOMES
A-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $26,250 $30,000 $33,750 $37,450 $40,450 $43,450 $46,450 $49,450 Low 31 - 50% $43,750 $50,000 $56,250 $62,450 $67,450 $72,450 $77,450 $82,450 Moderate 51%-80% $70,050 $80,050 $90,050 $100,050 $108,100 $116,100 $124,100 $132,100 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $90,100
* Maximum Income for Various Income Categories 2021
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientData_PeopleServedExtLow Income2223}}
LOW INCOME (31-50% MFI) {{ClientData_PeopleServedwithLo wIncome2223}}
MODERATE (51-80% MFI) {{ClientData_PeopleServedModIn
come2223}}
ABOVE MODERATE (81%+MFI) {{ClientData_PeopleServedAbove ModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientData_TotalUnduplicated}} Exhibit B
PROGRAM BUDGET SUMMARY
B-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG {{Funding_TotalAmo
unt}}
Other City/County Funds Click here
State Federal Funds Click here
Foundations/Trusts Click here
Donations Click here
Client Fees Click here
In-Kind Click here
Other Click here
Total Revenues Click here
EXPENSES
Expenses Amount City SB CDBG Funds $
Salaries, Benefits, Payroll Taxes* Click here Click here Consultants and Contracts Click here Click here
Facility, Utilities, Maintenance Click here Click here
Telephone Click here Click here
Supplies Click here Click here
Postage & Shipping Click here Click here
Marketing (Printing, Advertising) Click here Click here Travel, Mileage, Training Click here Click here
Insurance Click here Click here
Other Click here Click here
Total Expenses Click here Click here
Use of Funds: {{ProjectInformation_SpecificProgCosts}}
*Salaries - (List all staff to whom CDBG Funds are allocated):
Position/Title Name CDBG Amount
Click here Click here Click here
Click here Click here Click here
Click here Click here Click here
Click here Click here Click here
Exhibit C
REQUIREMENTS FOR DOCUMENTATION OF EXPENDITURES
C-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} The financial section of Agency’s Quarterly report is the document used to report program-related expenditures and to request quarterly disbursement of CDBG funds. The Quarterly Report shall be signed and dated, certifying its accuracy, by an individual with fiscal responsibility for the Agency.
Reports are due within 10 days after the end of the quarter. If the 10th falls on a weekend or holiday, the due date is the last business day prior to the 10th.
The reporting periods are as follow:
Reporting Period Report Due
1st Qtr. July 1 – Sept. 30 October
2nd Qtr. Oct. 1 – Dec. 31 January
3rd Qtr. Jan. 1 – March 31 April
4th Qtr. April 1 – June 30 July
Agreement Term Ends-June 30, 2023
SOURCE DOCUMENTATION – All CDBG expenditures shall be supported by source documentation (see 2 CFR 200.302). The source documentation shall explain the basis of the costs incurred, as well as show the actual dates and amount of expenditures.
Complete and accurate documentation that supports each request for quarterly disbursement of CDBG funds shall be attached. The documentation shall be:
• Detailed – All program-related expenditures shall be evidenced by an invoice (or equivalent document) and evidence of payment.
• Clearly Marked – All submitted documentation shall be clearly marked to indicate which expenditures relate specifically to the grant and the applicable dollar amount on the receipt.
The dollar amount shall be circled or highlighted.
• Summarized – Summary listings shall be provided if there are extensive receipts and documents.
PAYROLL EXPENDITURES – The specific program activity and amount of staff time charged to CDBG shall be clearly identified. If an employee’s time is split between CDBG and another funding source, time and activity distribution records supporting the actual staff activity and time charged to CDBG funds shall be submitted. Canceled checks from the employees, insurance provider, etc., or evidence of direct deposits shall be provided to document the actual outlay of CDBG funds.
VERIFICATION OF CLIENT INCOME – Agency shall obtain sufficient detailed evidence to verify that the client benefiting from CDBG Funds has income to qualify as Low-Moderate Income. Total household income from all sources shall be less than 80% of Area Median Income adjusted by household size. Said documentation shall be available for the City’s review upon request.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-1
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} A. ACCOUNTING Initials
1. Agency will maintain written accounting procedures.
2. A clear audit trail will be maintained for each Quarterly Report.
3. Print name and affix signature of responsible party to receive and deposit City checks:
Name: Click here Signature:
4. Two signatures are required on CDBG expense checks. Print names and affix signatures of those responsible for signing checks (attach additional sheet if necessary):
Name: Click here Signature:
Name: Click here Signature:
5. Print name and affix signature of who will be responsible for the preparation of the fiscal reports and CDBG claims:
Name: Click here Signature:
6. If bookkeeping is handled by an outside firm, give name and address:
Firm name: Click here Address: Click here
7. In what bank are you depositing your CDBG funds?
Bank Account Name: Click here
Account Number: Click here
Branch Address: Click here
8. Name of responsible person to review cash reconciliations? Name: Click here
9. Financial status reports are submitted to Agency Board of Directors:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here B. CASH RECORDS Initials
1. Checks will be pre-printed and pre-numbered.
2. Voided checks will be accounted for and kept on record.
3. Grant claims will be backed by invoices and marked to avoid resubmission.
Exhibit D
FINANCIAL MANAGEMENT ACKNOWLEDGEMENT
D-2
Agency: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C. PAYROLL Initials
1. Agency will keep timesheets.
2. Employee and supervisor will sign timesheets.
3. Timesheets will correspond with payroll periods.
4. Timesheets will indicate daily time worked.
5. Payrolls will be approved by an authorized person.
6. Payroll register or earnings record will be kept.
7. Cumulative Records will be kept.
8. Employee files will be kept containing:
W-4 form
Authorized Deductions
Work History
Employment Application
9. Copies of federal depository receipts and quarterly reports must be kept. State how often deposit withholdings are deposited in a federal depository:
Monthly Quarterly Bi-Annually Annually Other (specify): Click here D. AUDIT Initial applicable row
Agency will obtain annual financial audit (revenues over $2 million) Agency will obtain annual financial review (revenues between $500,000 and $1.99 mil.) Agency will obtain annual financial compilation (for revenues $499,999 or less) Auditor Name: Click here Auditor Address: Click here
Phone: Click here Email: Click here
E. MISC.
Agency IRS No.: Click here Agency State I.D.: Click here Agency DUNS No.: Click here
I hereby certify that Agency will comply with the requirements of Exhibit D identified above in accordance with Section 6 of this Agreement.
Click here
Signature Title
Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit E
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} E-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remediesthat may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2022 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as "City".
and
{{OrgContactInfo_OrgName}}, a California Nonprofit, hereinafter referred to as "Agency" RECITALS:
WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, additionally, City of Santa Barbara General Fund dollars have been made available to be expended at the discretion of the City; (hereinafter referred to as "Human Service Funds"); and
WHEREAS, Agency submitted a proposal for funding to the City Council of the City of Santa Barbara to provide public services consistent with the City’s adopted Consolidated Plan for CDBG funds, and priority criteria for Human Service Funds; and WHEREAS, City Council has found and determined that Agency is operated for the betterment of the people living in and around the City of Santa Barbara and Agency’s proposal for funding was deemed a highly desirable public service by the City Council; and WHEREAS, the use of CDBG and Human Service funds are subject to certain agreements and conditions as more particularly set out in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 The effective date of this Agreement is July 1, 2022 (“Effective Date”). The termination date is June 30, 2023 (“Termination Date”) unless sooner terminated as herein provided.
1.2 If upon Termination Date any CDBG or Human Service funds remain unspent by Agency, said funds shall automatically be returned to the City’s General contingency accounts for CDBG and Human Service funds. Agency shall document and verify the expenditure of CDBG and Human Service funds separately as outlined in section 4.2.4 of this agreement.
Agreement No. «Contract_»
1.3 CDBG and Human Service funds will not be disbursed to Agency unless and until the conditions precedent below are either satisfied to the City’s satisfaction as determined in City’s sole discretion, or waived in writing by City:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Agency and City; and c. Agency has submitted to the City a certificate of insurance pursuant to Section 15 of this Agreement; and
d. Agency has submitted, and City has accepted, all the required funding application attachments, including but not limited to, Board of Director’s minutes, audits and/or financial statements, and Federal Tax Return form 990.
2. USE OF CDBG AND HUMAN SERVICE FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide CDBG funds to Agency in the amount of $«Official_Amount» («Written_Amount» and 00/100 dollars) and Human Services Funds in the amount of $«Official_Amount» («Written_Amount» and 00/100 dollars), for purposes described in Program Goals and Measurable Outcomes statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full and hereinafter referred to as the "Program".
2.2 Agency further agrees that CDBG and Human Service funds for said Program are to be used for allowable expenditures in the manner specified in the Program Budget Summary, attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full.
2.3 In the event that Agency desires to use CDBG or Human Service funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to the City its written request for the City’s consent to change the use of CDBG funds.
3. PROGRAM BENEFIT
3.1 City and Agency recognize and agree that the use of these CDBG or Human Service funds must primarily benefit at least 51% of Agency’s low and moderate income clientele in accordance with the National Objectives of the CDBG program. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size as provided on Exhibit “A”.
City agrees to provide Agency any updates to the income levels issued by HUD for use in the Program.
3.2 Agency and City hereby agree that benefit performance to low and moderate income clientele shall be demonstrated by Agency in the following manner:
3.2.1 To the maximum extent possible, Agency shall attempt to assist persons in areas where more than 51% of the residents are low to moderate income (Census Tracts 3.01,
3.02, 6, 7, 8.01, 8.04, 9, 10, 11.01, 11.02, 12.06, 12.08, and 13.04). While these areas of the City exhibit the greatest need for housing assistance and, therefore, require concentrated attention, Agreement No. «Contract_»
this requirement shall not be construed to preclude the program from assisting persons outside the aforementioned area, or
3.2.2 Agency shall have income-eligibility requirements which limit the service to persons meeting the low and moderate income requirement, as evidenced by Agency’s procedures, intake/application forms, income limits, and other sources of documentation; or
3.2.3 Serve a group primarily presumed to be low and moderate income, such as abused children, battered spouses, elderly persons aged 62 and over, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or
3.2.4 Be of such a nature and in a location that it may be concluded that the activity’s clientele are low and moderate income. Agency shall provide analysis and documentation describing how the nature and the location of the Program, or facility establishes that it is used predominantly by and benefits primarily low and moderate income persons; or
3.2.5 Maintenance of other information which City and Agency determine is necessary to document Program benefit.
4. DISBURSEMENTS AND REPORTING REQUIREMENTS
4.1 City and Agency agree that all disbursements made pursuant to this Agreement shall be on a quarterly reimbursement basis in the amount of {{IDIS_DisbursementPerQuarter}} per quarter. Reimbursement of CDBG and Human Service funds are subject to Agency performance of the Program as evidenced by a completed Quarterly Performance Report (Quarterly Report) completed in accordance with the conditions provided Exhibit “C”, Requirements for Documentation of Expenditures, attached hereto and incorporated herein by this reference as though set forth in full.
4.2 Agency shall provide the following information in the Quarterly Report form as provided by the City:
4.2.1 Accomplishments in Outputs and Outcomes relative to the Program Goals and Measurable Outcomes as shown on Exhibit "A". “Outputs” shall be defined as the number of clients receiving a specific service by Agency. “Outcomes” shall be defined as the expected change or result the client will experience from receiving Agency’s service outputs; and
4.2.2 Client demographics, including but not limited to: age, ethnicity, gender, geographic area and income; and
4.2.3 Program narrative; and
4.2.4 Financial information documenting and verifying expenditures Agency incurred that are reimbursable with CDBG or Human Service funds during the quarter in an amount equal to, or greater than, the quarterly reimbursement amount, and, where applicable, a salary report form
4.3 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the Agreement No. «Contract_»
10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th in accordance conditions provided in Exhibit “C.”
4.4 City staff review and approval of Agency’s submitted Quarterly Report is required prior to each disbursement of CDBG funds
5. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Program. In particular, Agency shall keep all records and documents as may be necessary to enable the City to determine if the CDBG and Human Service funds to be disbursed pursuant to this Agreement have been or are being used in compliance with the City's requirements and policies relating to CDBG and Human Service funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
6. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
6.1 Agency shall comply with the financial management requirements listed in the Financial Management Acknowledgement, attached hereto as Exhibit "D" and incorporated herein as though set forth in full. Agency shall notify City by writing, within ten (10) business days of any changes in accounting personnel or procedures stated in Exhibit “D”.
6.2 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours. Said records shall be open to inspection and audit by City, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.
6.3 Agency also agrees to prepare, and submit to the City upon request, a year-end financial report of its total income and expense as prescribed below, within six-months following Agency's fiscal year end:
6.3.1 A financial audit shall be required if Agency’s annual budget revenues exceeds $2 million.
6.3.2 A financial review shall be required if Agency’s annual revenues are between $500,000 and $1.99 million. The financial audit and review shall be prepared by an Independent Certified Public Accountant.
6.3.3 A financial compilation shall be required if Agency’s annual revenues are less than $499,999. The financial compilation may be prepared by an accountant or bookkeeper affiliated with Agency. Said accountant or bookkeeper shall disclose his or her affiliation to Agency.
6.3.4 If Agency expends $750,000 or more within their accounting year in federal funds, it will be subject to shall conduct a single-audit according to 2 CFR 200. Agency shall Agreement No. «Contract_»
submit to City said single audit upon completion, or submit a written statement indicating that Agency was not subject to a single-audit.
7. SOURCE AND AVAILABILITY OF CDBG FUNDS
Agency acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD, and that Human Service Funds are subject to an annual City budget appropriation and allocation by the City Council of the City of Santa Barbara.
Agency agrees that in the event the CDBG or Human Service funds made available by this Agreement are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement.
Agency hereby indemnifies and holds the City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments. City and Agency agree that if the City's Fiscal Year 2022-2023 CDBG or Human Service funds are decreased or eliminated before the end of Fiscal Year 2022-2023, this Agreement shall be reduced accordingly based on the available CDBG or Human Service funds.
8. CDBG PROGRAM INCOME
8.1 Agency hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Agency shall return to the City any and all program income not used for the aforementioned purposes.
8.2 Upon termination of this Agreement, City may require remittance of all or part of any CDBG program income balances held by Agency, except those needed for immediate cash needs.
9. REVERSION OF ASSETS
Upon Termination Date, Agency shall transfer to City any unexpended CDBG and Human Service funds on hand and any program income attributable to the use of CDBG funds.
10. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Program and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Program.
11. EVENTS OF DEFAULT
11.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
11.1.1 FAILURE TO USE CDBG or Human Service FUNDS AS INTENDED -- Agency’s failure to use CDBG or Human Service funds for purposes that qualify for expenditures in accordance with Exhibit B.
Agreement No. «Contract_»
11.1.2. USE OF GRANT FUNDS FOR UNAUTHORIZED PURPOSES -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
11.1.3 BANKRUPTCY OR INSOLVENCY -- Agency’s filing a petition under the Bankruptcy Act (11 USCA 1, et seq.) or taking or committing any act preparatory to the filing of any such petition or becoming or being insolvent or committing any other act of bankruptcy or insolvency.
11.1.4 DEFAULT UNDER AGREEMENT -- Agency's breach of the covenants or obligations under this Agreement.
11.1.5 FAILURE TO MAINTAIN INSURANCE COVERAGE -- Agency’s failure to maintain insurance coverage as specified in Section 15 herein.
12. RIGHTS AND OBLIGATIONS UPON DEFAULT
12.1 REMEDIES UPON OCCURENCE OF DEFAULT-- Upon the occurrence of an Event of Default, the City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of the City written demand.
12.2 REIMBURSEMENT FOR IMPROPER EXPENDITURES -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by City that CDBG or Human Service funds provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of the City request.
12.3 NOTICE OF DEFAULT -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
12.4 CURE -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
Agreement No. «Contract_»
13. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.
14. DEFENSE, INDEMNITY AND HOLD HARMLESS
14.1 To the fullest extent permitted by law, Agency will (1) immediately defend and (2) indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Agency, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Agency’s obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by the City.
14.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.
14.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
14.4 Agency’s costs of providing defense under this section shall not exceed Agency’s proportionate percentage of fault as finally adjudicated by a court of law, as required by California Civil Code section 2782.8. Agency may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs in excess of Agency’s proportionate percentage of fault as finally adjudicated.
15. INSURANCE
15.1 As part of the consideration of this Agreement, Agency agrees to purchase and maintain at its sole cost and expense during the life of this agreement insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Agency, its agents, representatives, or employees.
15.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:
15.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, Agreement No. «Contract_»
personal injury and property damage. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
15.2.2 Workers' Compensation: In accordance with the provisions of the California Labor Code, Agency is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least $1,000,000 shall cover all Agency's staff while performing any work incidental to the performance or this agreement.
If the Agency maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by the Agency.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
15.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
15.3.1 Additional Insured Status - City, its officers, employees, and agents, shall be covered as additional insureds on the Commercial General Liability and the Automobile Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Agency. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.
15.3.2 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors. For Commercial General Liability coverage subcontractors shall provide coverage with a format at least as broad as Insurance Services Office form CG 20 38 04 15.
15.3.3 Notice of Cancellation - A provision that coverage will not be cancelled or subject to reduction without written notice given to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
15.3.4 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Agency’s insurance and shall not contribute with it.
15.3.5 Waiver of Subrogation - Agency hereby agrees to waive rights of subrogation which any insurer of Agency may acquire from Agency by virtue of the payment of any loss.
Agreement No. «Contract_»
Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents and subcontractors.
15.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers that have a current rating from AM Best of no less than A: VII; and are admitted insurance companies in the State of California. All other insurers require prior approval of the City.
15.5 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.
Alternately, City may purchase such required insurance coverage, and without further notice to Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.
15.6 Self-Insured Retentions - Any self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Agency shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Agency shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
15.7 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
Agency shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation Agreement No. «Contract_»
to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
16. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Agency agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by the City, and to any amendments hereafter to City program guidelines and requirements. Agency agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
16.1 Community Development Block Grant Regulations -- The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and
16.2 Santa Barbara Municipal Code Non-discrimination Requirements -- The requirements of the “Nondiscrimination Employment Certificate” (SBMC 9.126), attached hereto as Exhibit “E” and incorporated herein by this reference as though set forth in full; and
16.3 Nondiscrimination In Federally Assisted Programs -- Title VI of the Civil Rights Act of 2064 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and
16.4 Fair Housing Act -- Title VIII of the Civil Rights Act of 2068, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and
16.5 Equal Opportunity In Housing -- 24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and
16.6 Housing and Community Development Act -- Section 109 of the Housing and Community Development Act requiring 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; and
16.7 Rehabilitation Act Of 1973 -- Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on handicap in Federally-assisted and conducted programs and activities; and Agreement No. «Contract_»