CITY OF POMONA
REQUEST FOR PROPOSAL
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FAIR HOUSING SERVICES
PROGRAM YEAR 2016-2017 APPLICATION PACKET
RFP BID NO:1021.30
Type of RFP:
☒ Professional Service
Proposal Submittals: Responses to the Request for Proposal (RFP) must be submitted to:
Mail Delivery
Hand Delivery, FedEx, UPS, etc.
City of Pomona
City of Pomona
Purchasing Division
Purchasing Division
P.O. Box 660
505 S. Garey Avenue
Pomona, CA 91769
Pomona, CA 91766
SCHEDULE OF EVENTS SUMMARY:
RFP Issued
Mandatory Workshops
November 2, 2015
December 9, 2015 ( see pages 3 and 5 for
details)
Deadline for Submission of Proposals
January 20, 2016 by 4:00 P.M.
(The City reserves the right to change schedule of events without prior notice or
responsibility to Bidders.)
Visit our website at www.ci.pomona.ca.us/index.php/businesses/current-bids-and-rfps/NonConstruction Bids/ then login to the City of Pomona’s Planet Bids Vendor Portal (Vendor
registration is mandatory in order to access the RFP)
Follow the path of – Business; current Bids and RFPs; Non-Construction Bids
TABLE OF CONTENTS
SECTION I – APPLICATION INTRODUCTION………………………………………………….……1
A.
B.
C.
D.
E.
F.
G.
REQUEST FOR PROPOSAL (RFP) APPLICATION WORKSHOP………….....5
CDBG PROGRAM PURPOSE AND OVERVIEW…………………………………6
RFP APPLICATION AND SELECTION CRITERIA……………………………….7
RFP APPLICATION AND SELECTION REQUIREMENTS………………………9
RFP EVALUATION – SCORING CRITERIA……………………………………….9
RFP REVIEW AND APPEALS PROCESS………………………………………..10
BASIC INSTRUCTIONS FOR SUBMITTING A REQUEST FOR FUNDING PROPOSAL
(RFP) APPLICATION………………………………………………………….…….10
SECTION II – RFP APPLICATION PACKAGE………………………………………..................…12
A.
B.
C.
RFP APPLICATION PACKAGE……………………………………………….…...12
ELIGIBILITY REQUIREMENTS…………………………………………………....13
APPLICATION CHECKLIST……………………………………………………..…15
CDBG FUNDING APPLICATION…………………………………………………………...………...17
PERFORMANCE MEASUREMENT SYSTEM AND OUTCOMES STATEMENT…….….….19-21
PROJECT PROPOSAL AND
DESCRIPTION………………………………………………………………………………….………22
ATTACHMENT “A” BUDGET
PROPOSAL…………………..…………...……………………….……………...…………….…...…27
ATTACHMENT “A” OPERATING
BUDGET………………...…………….….…………………………………………………..….….….28
ATTACHMENT “A” ALTERNATIVE FOR REHABILITATION OF CONSTRUCTION
PROJECTS……………………………………………………………………………………………..29
EXHIBIT “B” BOARD OF DIRECTORS AFFIDAVIT……………..…………….…………….…….30
.
EXHIBIT “C” PROJECT SERVICES AREA (service areas)…………….……………….………31
RFP SELECTION CRITERIA/PRIORITY NEEDS………………………………………………….32
RESERVATION OF RIGHTS…………………………………………………………………………42
TERMS AND CONDITIONS…………………………………………………………………………..42
DEFINITIONS…………………………………………………………………………………………..44
SAMPLE AGREEMENT FOR CONSULTANT/CONTRACTOR SERVICES……………………46
REQUIRED FORMS………………………………………………………………………………50-52
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
SECTION I – APPLICATION INTRODUCTION
INVITATION TO APPLY
MONDAY, NOVEMBER 2, 2015, 12:00 noon
NOTICE OF FUNDING AVAILABILITY
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), FAIR HOUSING
SERVICES AND EMERGENCY SOLUTIONS GRANT (ESG)
FEDERAL ENTITLEMENT PROGRAMS
FOR
PROGRAM YEAR (PY) 2016-2017
BACKGROUND
This Request for Proposal (RFP) announces the availability of funding for the Program
Year (PY) July 1, 2016 –June 30, 2017 for the Community Development Block Grant
(CDBG) Program, Fair Housing Services and the Emergency Solutions Grant (ESG).
The CDBG Program is funded and regulated at the federal level by the U.S. Department
of Housing and Urban Development (HUD) and administered locally by the City of
Pomona, under the auspices of the Community Development Department. The CDBG
Program is authorized under Title I of the Housing and Community Development Act of
1974. The regulations implementing the CDBG Program are located in 24 Code of
Federal Regulations (CFR), Part 570.
The objectives of these programs are in accordance with the City’s Five-year
Consolidated Plan which seeks the development of a viable urban community through
implementation of the following goals, principally for the benefit of low-and moderateincome (LMI) persons:





Decent housing
A suitable living environment
Expanded economic opportunity
Aid in the elimination of slums and blight
Respond to an urgent need
RFP AVAILABILITY:
The Request for Proposal (RFP) Application Packets for the CDBG, CDBG Fair
Housing and ESG Programs will be available at 12:00 noon at the following location:
PURCHASING DIVISION (basement)
505 SOUTH GAREY AVENUE
POMONA, CA 91766
City Hall hours of operation are: Monday – Thursday, 7:30 a.m. – 6:00 p.m.
City Hall is closed every Friday.
1
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
RFP WEB INFORMATION
Visit our website at:
www.ci.pomona.ca.us/index.php/businesses/current-bids-and-rfps/Non-Construction Bids/
then login to the City of Pomona’s PlanetBids Vendor Portal (Vendor registration is
mandatory in order to access the RFP), or
Follow the path of – Business; current Bids and RFPs; Non-Construction Bids
Additional Links: Access and download the RFPS in word format:
www.ci.pomona.ca.us/index.php/businesses/current-bids-and-rfps
www.ci.pomona.ca.us/index.php/community-development-home/housing-division
www.ci.pomona.ca.us/index.php/government/city-departments/community-development
www.ci.pomona.ca.us/index.php/housing-division-home/homeless-services

The Purchasing Division must receive all completed submissions no later than:
4:00 p.m., Tuesday, January 20, 2016
POMONA CITY HALL HOURS OF OPERATION
City Hall is open Monday-Thursday, 7:30 AM- 6:00 PM. City Hall is closed every Friday.
HOLIDAY CLOSURES:
Veterans Day
Thanksgiving Day
Christmas and New Year’s Day
November 11, 2015
November 25th thru November 26th
December 23rd thru January 1, 2016
WHO SHOULD APPLY
The City of Pomona invites proposals from qualified entities to apply for funding under
this RFP. The primary objective of this RFP is to fund projects and activities that are
consistent with the City’s locally developed CDBG, Fair Housing and ESG Program
Priorities and to address the federal/local Consolidated Plan objectives. The Program
Priorities include but are not limited to: providing services that support the City of
Pomona’s Five-Year Consolidated Plan: 1) Core Strategies, 2) Youth and Family Master
Plan 3) Fair Housing Services and 4) Continuum of Care Goals.
These Priority Needs include:
 Crime Prevention Activities (police programs),
 Youth Services (educational, recreational, employment and outreach),
 Senior Services (nutrition, transportation, medical and other support services),
Health and Safety(code compliance and police programs)
 Fair Housing Services
 Homeless Services through the Emergency Solutions Grant (ESG) Program
Components Priority Needs UNDER Rapid RE-Housing and Street Outreach only.
ELIGIBILITY INFORMATION
All proposers must meet the local and HUD defined threshold requirements as detailed
in Proposer’s Eligibility below. If a proposal does not demonstrate that the proposed
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
project meets these threshold requirements, the proposer will be advised that it will not
be considered for funding.
Proposer’s Eligibility
Nonprofit agencies and City departments that primarily serve low and moderate-income
Pomona residents are eligible to apply. Organizations must be a non-profit and
incorporated by the proposal submittal date. Proposals must meet a CDBG National
Objective and fall within one of the City’s priorities to apply for funding. Federal
regulations require that all CDBG funds be used for projects that qualify as meeting one
of the National Objectives of the program and the eligible activity criteria. Projects that
fail to meet the applicable tests will not be considered for funding.
Late applications will be returned unopened
CDBG PROGRAM ESTIMATED FUNDING AVAILABLE:
The total amount of CDBG funds anticipated to be awarded to the City for Program Year
July 1, 2016 through June 30, 2017 is $2,011,586. This amount is estimated and
dependent on the amount ultimately awarded by the Federal Government.
CDBG regulations specify the types of eligible uses of CDBG funds and established
funding limits for certain types of activities. No more than 15% of the total grant can be
spent on Public/human Services (social service activities as defined in the HUD
regulations, including Fair Housing services). Twenty (20%) percent of grant may be
used for administrative costs and at least 70% of the available funds must be used for
activities benefiting low- to moderate-income persons.
Funding is provided by the U.S. Department of Housing and Urban Development (HUD)
through the Community Development Block Grant (CDBG) Program to fund social
services, economic development programs, capital projects and housing projects that
assist low and moderate income households or aid in the elimination of blight.
The City of Pomona allocates a portion of its annual CDBG and ESG entitlement
through Request for Proposals (RFP). Priorities for funding are based on public
hearings; updated community needs survey and City Council information.
TECHNICAL ASSISTANCE WORKSHOP (MANDATORY):
An Applicant Technical Assistance Workshop will be held to provide an opportunity for
all potential applicants to ask questions about the overall CDBG, Fair Housing and ESG
Programs, evaluation criteria, local strategies and proposal process.
The Workshop is mandatory for all agencies applying for funding, regardless of current
or past CDBG and/or ESG funding. Please note: An Agency representative must be
present at one of the mandatory workshops for the application to qualify. One person
cannot represent multiple agencies. Applicant may attend either of the following
workshops:
3
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Wednesday, December 9, 2015
City of Pomona, City Hall Administration Conference Room, 2nd Floor
505 South Garey Avenue, Pomona, CA
Time:
CDBG Workshop topics
9:00 a.m.-11:00 a.m.
CDBG Public Service Activities
11:00 a.m. – 1:00 p.m.
Emergency Solutions Grant (ESG) Activities –
Homeless Services under Rapid Re-Housing
and Street Outreach, only.
1:00 p.m. – 2:00 p.m.
CDBG Non Public Service Activities
Please make your reservations for the workshop by contacting Tracy Byl at (909) 6202437 or via email at tracy_byl@ci.pomona.ca.us.
RFP SUBMISSIONS:
Submit one (1) original plus two (2) copies (one with original signature and corporate
seal) in a sealed envelope with the words “CDBG PROJECT 2016-2017” or “CDBG
Fair Housing Services “2016-2017” written on the envelope.
SEPARATE RFP SUBMISSIONS
If submitting more than one proposal, you must complete a separate RFP for EACH
proposed activity and indicate the funding priority.
THE CITY RESERVES THE RIGHT TO THE FOLLOWING:
 Defects, irregularities in the presentation of an RFP may be waived.
 Proposals that are disqualified, or in which defects are not waived, will not be reviewed
or evaluated by the RFP review team.
 Applicants will be notified of incomplete and rejected proposals in writing.
 Funding levels are contingent upon the amounts of actual funding from HUD.
 The City reserves the right to increase or decrease any or all funding requests to
maximize effectiveness or satisfy budget parameters.
 Past funding is not a guarantee the City will fund a program or service in the future.
OTHER:
Questions regarding this notice may be directed to Cecilia Munoz (909)620-2198.
DISCLAIMER
This solicitation by the City of Pomona does not constitute a commitment to enter into
agreement with the applicant. The City of Pomona is not liable for any costs incurred in
the preparation of proposals. The proposal does not commit the City to award a
contract or procure services or supplies.
4
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Section 1, part A
WORKSHOP ANNOUNCEMENT
REQUEST FOR PROPOSAL (RFP)
APPLICATION WORKSHOP
REGISTER NOW!
DATE:
LOCATION:
WEDNESDAY, December 9, 2015
POMONA CITY HALL
Administration Conference Room, 2nd Floor
505 SO. GAREY AVENUE
POMONA, CA 91766
The workshop is mandatory for all applicants,
To register, contact Tracy Byl
at (909) 620-2439 or by e-mail at tracy_byl@ci.pomona.ca.us
THREE WORKSHOPS SESSIONS WILL BE HELD:
TIME
9:00 a.m. – 11:00 a.m.
CDBG PUBLIC SERVICE ACTIVITIES
11:00 a.m. – 1:00 p.m.
EMERGENCY SOLUTIONS GRANTS (ESG) –
(Rapid Re-Housing and Street Outreach)
CDBG NON PUBLIC SERVICES ACTIVITIES
1:00 p.m. -2:00 p.m.




WORKSHOP TOPICS
THE WORKSHOPS WILL COVER:
Review of RFP
Minimum Eligibility Requirements
HUD’s Eligibility Requirements
Technical Assistance
RFP IS AVAILABLE AT:
Visit our website at www.ci.pomona.ca.us/index.php/businesses/current-bids-and-rfps/NonConstruction Bids/ then login to the City of Pomona’s Planet Bids Vendor Portal (Vendor
registration is mandatory in order to access the RFP)
Follow the path of – Business; current Bids and RFPs; Non-Construction Bids
5
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
B.
CDBG PROGRAM PURPOSE AND OVERVIEW
 The Community Development Block Grant (CDBG) Program is a Federal
program that began operation in 1975. It is formally known as “Title I” of the
Housing and Community Development Act of 1974, as amended. CDBG is
administered by the United States Department of Housing and Urban
Development (HUD).
 The primary objective of Title I of the Housing and Community Development
Act of 1974 is the development of viable urban communities.
 These viable communities are achieved by providing the following, principally
for persons of low- and moderate -income:

Decent housing;

A suitable living environment; and

Expanded Economic opportunities
 The City of Pomona (Grantee) is responsible for assuring that each eligible
activity meets one of the three national objectives:

Benefit to low- and moderate-income persons.

Aid in the prevention or elimination of slum and blight; or

Meet a need having a particular urgency (referred as an urgent need in
which the existing conditions pose a serious and immediate threat to the
health or welfare of the community, generally only available after a
natural or manmade disaster).
 The City of Pomona (Grantee) has chosen the following methods to
distribute, administer and implement over 2 million dollars of CDBG funds to
eligible programs:

City Departments;

Non-profit agencies receiving CDBG, HOME or ESG funds from the City
(Grantee) and undertaking eligible activities. (Institutions of higher
learning may be Subrecipients if carrying out CDBG-eligible activities).
6
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
C.
RFP APPLICATION AND SELECTION CRITERIA
MINIMUM ELIGIBILITY REQUIREMENTS FOR FEDERALLY ASSISTED
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
ACTIVITIES
Priority Needs: The City (Grantee) is soliciting RFP’s from eligible non-profit
organizations to carry out projects that support one or more of the following:
1. The City of Pomona Core Strategies (Attachment “A”)
2. The City of Pomona Youth and Family Master Plan (Attachment “B”)
3. The City of Pomona Continuum of Care (Attachment “C”)
4. Fair Housing Services
Performance Measurement System: Any funded activity must measure the
following: (1) productivity and (2) Program Impact: Scope of proposed activities
must reflect the level of efficiency of the program (quantity, quality, and pace).
Program Impact reflects the extent to which the proposed activity produces
desired outcomes in the community or in the lives of persons assisted (link goals
with outcomes).
D.
RFP APPLICATION AND SELECTION REQUIREMENTS:
1.
The scope of Program Services must be City-based.
2.
Proposed program and activities must be of direct benefit to low- to
moderate-income Pomona residents.
3.
Applicant must be a legally constituted non-profit organization or
government entity:
 Must provide 501 (c) (3) tax-exempt IRS status
 Must provide current IRS Determination Letter
 Must provide Articles of Incorporation
 Must provide current Dun and Bradstreet Number
 Must be registered in SAMs.gov
4.
Applicant must provide current documentation that it possesses adequate
fiscal, management systems and legal certifications to implement the
proposed project:
 Must provide current 990’s
 Must provide copy of Annual Report with Financial Data.
 Must provide copy of last Independent Audit, results and copy of
management letter.
7
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30



5.
Must provide copy of current business license, local and/or State
permits.
Must provide copy of Affirmative Action Plan.
Must provide a copy of the Limited English Proficiency Plan (LEP)
Applicant must submit verification of Insurance Coverage.
certifications are:




Minimum
Commercial General Liability, minimum limit $1,000,000 per
occurrence, $2,000,000 aggregate.
Automobile Liability (hired and non-owned vehicles), minimum limit
$1,000,000 per occurrence.
Employee Benefits Liability – Worker’s Compensation (statutory)
Insurance
The City (Grantee) must be named as an additional insured.
6.
Applicant must demonstrate a minimum of twelve (12) months previous
experience as of the application deadline of Wednesday, January 20,
2016.
7.
A qualified Fiscal Officer/Bookkeeper (preferably certified by AICPA) must
be listed in the proposed budget and a resume included as part of the
application.
8.
Agencies that have not submitted performance reports and those with
past compliance and performance problems may not be considered for
funding.
9.
Program activities must be available to serve all religious, race and ethnic
groups, in accordance with Title VI of the Civil Rights Act of 1964, and
Section 109 of Title I, of the Housing and Community Development Act of
1974.
10.
Program activities must comply with Section 504 of the Rehabilitation Act
of 1973, which states: “No qualified individual with handicaps can be
excluded from participation in or denied the benefits of any activity
receiving Federal financial assistance.
11.
Projects that consist only of start-up, planning or research functions will
not be considered for funding at this time.
12.
Program Activities should be designed to comply with Improving Access
to Services for Persons with Limited English Proficiency (LEP) - 24 C.F.R.
§576.407(b). Executive Order 13166 seeks to improve access to
8
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
federally assisted programs and activities for individuals who, as a result
of national origin, are limited in their English proficiency. Organizations
obtaining Federal Entitlement funds shall take reasonable steps to ensure
meaningful access to their programs and activities to LEP individuals,
regardless of language spoken. Meaningful access may entail providing
language assistance services, including oral and written translation,
where necessary. Sub-recipients must follow the requirements outlined
on 24 C.F.R. §576.407(b). HUD published Final Guidance to Federal
Financial Assistance Requirements Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient
Persons in the Federal Register on January 22, 2007 (72 F.R. 2732).
13.
Program activities must meet federal eligibility requirements of HUD
regulations. For more information refer to www.hud.gov
14.
Proposed program must comply with policies, guidelines and
requirements of OMB OMNI Circular at 2 CFR parts 200,215,220,225
and 230, as applicable.
15.
Proposed program must include a performance measurement system to
track productivity, program impact and link goals with outcomes (the
extent to which the activities produce the desired outcomes in the
community or in the lives of persons assisted).
9
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
E.
RFP EVALUATION - SCORING CRITERIA
Applicants will be evaluated in seven (7) major categories to determine eligibility
and capacity for funding consideration. These include:
CATEGORY
1. Problem and Need Statement
TOTAL POINT
VALUE
10
2. Does the Problem and Need Statement meet Priority Needs?
15
3. Does Program scope and design clearly link goals with
outcomes?
4. Does Program scope measure productivity? The scope of
proposed activities must reflect level of efficiency (quantity,
quality, and pace)
5. Does Program scope measure program Impact and
performance? Must clearly reflect the extent to which the
proposed activity produces desired outcomes in the
community or in the lives of persons assisted.
6. Outreach to local businesses (and/or Minority, Female owned
Businesses)
7. Bonus Points – *25% Leverage and **Self-Sufficiency Plan
(up to 20 points)
TOTAL POINTS [includes bonus points]
20
15
15
5
20
100
*Self-Sufficiency Bonus Points will be given for a minimum 25% cash
leverage and clearly designed Action Plan for reducing reliance on future CDBG
funding.
** Self-Sufficiency is defined as: An organization that can show financial and
or adequate resources to reduce dependence from CDBG funding by the end of
the grant year, June 30.
10
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
F.
RFP REVIEW AND APPEALS PROCESS
The City’s review process entails three levels of review prior to final
authorization of a Federally assisted Project:
1) Staff Evaluation team reviews applications for responsiveness to RFP
requirements.
2) Determine CDBG Eligibility of proposed activities.
3) Funding is considered and approved by the City Council.
An organization that has sought funding may appeal to the City Council at any of
the Public Hearings held to obtain citizen comments. Written appeals may also
be submitted to the Community Development Department prior to adoption of
the final budget, May 2016.
Public hearings will be noticed in local newspapers and/or in the Legal Notice
section.
G.
BASIC INSTRUCTIONS FOR SUBMITTING A REQUEST FOR FUNDING
PROPOSAL (RFP) APPLICATION
The following tips provide basic technical guidance for preparation and final
submittal of the CDBG RFP application to the City for funding requests:
1) The RFP application forms should be typewritten or printed for clarity of
information and numbered to ensure that RFP evaluators and reviewers
do not misread information.
2) Only one RFP application is submitted for each proposed project or
program proposed in an application (1 project for each application
package). This will ensure compliance with federal requirements and
also ensures that the project budget and staffing is adequate to carry out
a project.
3) The RFP Application Checklist of requested documents is provided to
help the applicant organize the application properly and to place it in the
order requested.
4) Completion of the RFP Application in the order requested would make
the proposal more competitive for the funding grant you are seeking.
5) Proposed program activities should have a clearly written scope of
services that links goals with program outcomes.
11
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
6) If you are not sure about any section of the RFP Application, contact
Cecilia Munoz at (909) 620-2198 early in the application process to
obtain a clear understanding of what is required to properly complete the
contents of the application.
7) Verify whether all items listed with the application checklist have been
answered to ensure that the proposal can be properly evaluated and
understood by its readers.
12
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
SECTION II – RFP APPLICATION PACKAGE
A.
RFP APPLICATION PACKAGE
The City of Pomona CDBG program fiscal year 2016-2017 request for proposals
consists of the following elements:
DESCRIPTION
ELIGIBILITY REQUIREMENTS
APPLICATION CHECKLIST
APPLICATION (18 pages)
ATTACHMENT “A” (pg. 10) – BUDGET PROPOSAL, OPERATING BUDGET
or ALTERNATIVE ATTACHMENT “A” FOR REHABILITATION OR CONSTRUCTION
PROJECTS
EXHIBIT “B” (pg. 11) – BOARD OF DIRECTORS AFFIDAVIT
EXHIBIT “C” (pg. 13) – PROJECT SERVICE AREA
APPLICATION PACKAGES ARE DUE
BY:
4:00 P.M., WEDNESDAY, JANUARY 20, 2016
APPLICATIONS MUST BE SUBMITTED TO:
CITY OF POMONA
ATTENTION: PURCHASING DIVISION
505 SOUTH GAREY AVENUE
P.O. BOX 660
POMONA, CA 91769
SUBMIT ONE (1) ORIGINAL AND TWO (2) UNBOUND COPIES
FAX OR E-MAIL APPLICATIONS
WILL NOT BE ACCEPTED
LATE APPLICATIONS WILL BE RETURNED UNOPENED
13
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
B.
ELIGIBILITY REQUIREMENTS
To be eligible for consideration, all applicants must meet the following criteria:
1. Application must be the current FY 2016-2017 RFP version. All other
applications are obsolete.
2. Application must be filled out completely, with all the necessary materials
attached. These criteria also apply to organizations that have been previously
funded by the City of Pomona.
3. The source of funding for assistance comes from a Community Development
Block Grant (CDBG) received through the U.S. Department of Housing and
Urban Development (HUD). CDBG funds are for the specific purpose of
benefiting low to moderate-income households. In order to be eligible for
these funds, your organization must provide a service through an approved
methodology that demonstrates that at least 51 percent of the clientele served
by the proposed project/program earn less than the following income limits:
Income Limits are based on HUD Section 8 Income Guidelines issued March,
2015 and are subject to change upon HUD notification.
4. The organization must be incorporated as a legal, non-profit organization or
chartered as a local unit and be tax exempt.
All Agencies must have the following:
 By-Laws that clearly define the Agency’s purpose (s), organization and duties
of its officers.
 Governing Board an elected or appointed, which is responsible for the
governance of the Agency.
 Adequate Administration of the program to ensure delivery of services.
 Assurance that it will conduct its business in compliance with nondiscrimination requirements of City, State and Federal governments.
 Copy of Annual performance and financial Audit reports.
5. INCOMPLETE APPLICATIONS OR NON-RESPONSIVENESS:
14
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Incomplete applications will not be evaluated and will be returned to applicant.
In order to be considered complete and responsive to RFP requirements, your
application must include all items listed in the “Application Checklist”,
regardless of whether or not any of these items have been submitted in prior
years.
All applications must include an original and two (2) copies (No binding or
covers please). Staple proposal. DO NOT paperclip together.
15
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
C.
APPLICATION CHECKLIST
Insert Organization Name: _________________________________
Insert Project Name:
_________________________________
To be considered for funding, applications must be completed with the following
documents attached at the time of submission. Please complete an Application
Form for each proposed program/project. If an item is not applicable, indicate
“N/A” in the box. If you need assistance, or have questions, contact Cecilia
Munoz at (909) 620-2198.
APPLICATION
1) ☐ Signed and Completed Application Forms
2) ☐ Budget Proposal (Attachment “A”)
3) ☐ Operating Budget (Attachment “A”)
4) ☐ Construction Budget (Alternate Attachment “A” and Attachments).
5) ☐ Project Board of Directors Affidavit (Exhibit “B”)
6) ☐ Project Service Area (Exhibit “C”)
NON-PROFIT STATUS
1) ☐501 (c) (3) Tax-exempt status
2) ☐Current 990’s
3) ☐Copy of Annual Report with Financial Data
4) ☐Business License, local or State permits to legally operate
5) ☐ Dun and Bradstreet (DUNS) Number
6) ☐Registered in SAMs.Gov
INSURANCE COVERAGE-CITY MUST BE NAMED AS ADDITIONAL
INSURED
1) ☐ CURRENT GENERAL LIABILITY, minimum limit $1,000,000 per
occurrence, $2,000,000 aggregate.
2) ☐ AUTOMOBILE LIABILITY, (hired and non-owned vehicles), minimum limit
$1,000,000 per occurrence.
3) ☐ EMPLOYEE BENEFITS LIABILITY – Worker’s Compensation (statutory
insurance)
4) ☐ ADDITIONAL INSURED ENDORSEMENTS, regardless of form, must be
signed by an authorized representative of the insurance carrier or its broker.
The language for the certificate holder and the additional insured is “The City
of Pomona including elected or appointed officials, directors, officers, agents,
employees, volunteers, or contractors”.
16
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
OTHER:
1)
2)
3)
4)
5)
☐ Organization By-Laws
☐Affirmative Action Plan
☐ Section 3 Plan, if applicable
☐ Limited English Proficiency Plan (L.E.P)
☐Corporate Seal
APPLICATION SUBMISSION:
1)
☐
2)
☐
ONE ORIGINAL APPLICATION, corporate seal, signatures,
etc.
TWO COPIES OF APPLICATION (same as above)
LATE APPLICATIONS WILL NOT BE ACCEPTED
17
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
CDBG FUNDING APPLICATION
1.
AGENCY INFORMATION
Agency Name:
______________________________________________________________________
Agency Address:
______________________________________________________________________
Number
Street
City
Zip Code
Administrator Telephone No ._____________________Fax:______________________
Project Name:
______________________________________________________________________
Project Site Address:
______________________________________________________________________
Number
Street
City
Zip Code
Project Manager Name: ______________________Title: ________________________
Project Manager’s Telephone No. _________________Fax: _____________________
Project Manager’s Email Address: __________________________________________
Describe Agency’s overall function or purpose. Include history and experience in
providing this service. (If more room is needed, please use additional paper and attach
to the back of the application with a reference number).
______________________________________________________________________
Has the Agency previously received funding from the City of Pomona?
☐ YES
☐NO
If yes, please identify the years and amounts funded:
Year
2015-2016
2014-2015
2013-2014
Amount
$
$
$
18
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
2.
PROJECT PROPOSAL AND DESCRIPTION
Project Name:
______________________________________________________________________
In this section, briefly describe the project proposal, including cost estimates.
Grant amount Requested: $ _______________
Briefly describe your proposed Project/Program goals. Your response must describe in
detail how the proposed project/program supports one or more of the following: 1) City
of Pomona Core Strategies, 2) City of Pomona Youth and Family Master Plan 3) City of
Pomona Continuum of Care (see attachments A-C):
Briefly describe and include resources dedicated to the program such as money, staff,
equipment and supplies:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Briefly describe your proposed program Activities. Your response must describe the
strategies and techniques that comprise service and outreach methodology:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Briefly describe the direct product of the program activities. Include the volume if work
accomplished such as number of: low-income households served, youth, elderly,
disabled or number of loan applications processed, number of units constructed or
rehabilitated, linear feet of curbs and gutters installed, or numbers of jobs created or
retained.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
CheckBox1
Can this Project /Program proceed on July 1, 2016? YES☐ NO☐
Comment:
______________________________________________________________________
19
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
OBJECTIVES, OUTCOMES AND OUTPUTS
HUD has prescribed a specific menu of objectives and outcomes to be used for all
funded projects to standardize achievements reporting on a local, state and national
level. Please evaluate your proposed projects according to the following definitions.
Identify which objectives your project will address; then identify the proposed outcome
your project will achieve. Please choose 1 objective and 1 outcome per project. Place
a check mark indicating your choice. Keep in mind, if your project is funded, this
information will be utilized in preparation the FY 2016-2017 Annual Plan and in reporting
your accomplishments in the year-end Consolidated Annual Performance and
Evaluation Report (CAPER).
Objectives:
Suitable Living Environment. Includes activities that benefit communities, families, or individuals
by addressing issues in their living environment such as public services, emergency essential
services, capital improvements, neighborhood revitalization, etc.
Decent Affordable Housing. Includes the wide range of housing programs possible under
HOME, CDBG or ESG where the purpose of the program is to meet individual family or
community needs and not programs where housing is an element of a larger effort (such as
would be captured above in Suitable Living Environment).
Creating Economic Opportunities: Includes activities related to economic development,
commercial revitalization, or job creation.
Outcomes:
Availability/Accessibility. Activities that make services, infrastructure, housing or shelter
availability or accessible to low-income people, including persons with disabilities. Accessibility
includes making the affordable basics of daily living available and accessible to low-income
people.
Affordability. Activities that provide affordability in a variety of ways in the lives of low-income
people. Includes the creation or maintenance of affordable housing, basic infrastructure, or
services such as transportation or day care.
Sustainability: Promoting Livable or Viable Communities. Projects where the activity or
activities are aimed at improving communities or neighborhoods, helping to make them livable
or viable by providing benefit to low-income people or by removing or eliminating slums or
blighted areas, through multiple activities or services that sustain communities or neighborhoods
20
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Objective and Outcomes: Check one box in each table below that best reflects your projects
and outcomes. If your agency was funded for more than one project, please submit a separate
form for each project that indicates the objectives and outcomes for that project. See sections
above for projects applicable to each objective and outcome.
Objective
Suitable Living Environment
Decent Affordable Housing
Creative Economic
Opportunities
Check One
Outcome
Availability/Accessibility
Affordability
Sustainability: Promoting
Livable or Viable
Communities
21
Check One
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
PERFORMANCE MEASUREMENT SYSTEM AND OUTCOMES STATEMENT
Agency Name:
*Priority Need
Project Name:
Service or Activity
to fill Need
Benchmarks
Outcomes
Output Goal (units
of service)
Achievement Outcome
goal (difference to the
community)
Measurement
Reporting Tools
Evaluation Process
Short Term
Intermediate
Long Term
*Priority Need – show which need will be addressed by the Program (must be consistent with the City’s Core Strategies,
Youth and Family Master Plan, Fair Housing Services and Continuum of Care).
Service or Activity- name the service that will be delivered (e.g. afterschool tutoring for intermediate school children)
Output Goal – Set quantifiable goals, including time frames. This should allow the City to monitor progress
Achievement Outcome – State the proposed outcome for the actual impact you hope to achieve (e.g. 10% reduction in
illiteracy for intermediate school children that participate)
Measurement Reporting Tools- list the tools you will use to track output and/or outcome information (e.g. case reports,
pre- and post-tests, etc.)
Evaluation Process- identify the methodology you will use to assess success in meeting outputs goals and outcomes
22
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
3.
PROJECT PROPOSAL AND DESCRIPTION (continued)
If your proposal is for an existing Project that is currently funded through the City of
Pomona’s General Fund, this request will:
PLEASE CHECK ONLY ONE:
1. ☐Increase Service. If so, how?
2. ☐Continue the existing funded program at currently funded service levels.
3. ☐New program/project for FY 2016-2017
4.
CLIENT INTAKE INFORMATION - FOR PUBLIC SERVICE ACTIVITIES
The U.S. Department of Housing and Urban Development (HUD) requires that agencies
obtain intake data from each client/family served. Does your agency obtain this
information?
[ ] YES
[ ] NO
If yes, does your intake sheet obtain the following?

Name
Yes[ ] No[ ]

Address
Yes[ ] No[ ]

City in which client last resided
Yes[ ] No[ ]

Number of Family members
Yes[ ] No[ ]

Total family (household) income
Yes[ ] No[ ]

Race/Ethnicity
Yes[ ] No[ ]

Female head of household
Yes[ ] No[ ]
Describe any special characteristics of your client population.
______________________________________________________________________
______________________________________________________________________
23
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
5.
CLIENT INTAKE– Beneficiary and Performance Data:
Provide the actual number of total beneficiaries in the categories listed below:
TIME PERIOD
AGENCY
POMONA
YOUTH
WOMEN
AT-RISK
YOUTH
AT-RISK
SENIORS
DISABLED
HOMELESS
7/1/15
to
12/31/2015
Provide the actual number of beneficiaries served in the following age categories:
PERFORMANCE
PERIOD
CHILDREN
0-12
Pomona
Agency
YOUTH
13-17
Pomona
Agency
ADULT
18-54
Pomona
Agency
ELDERLY
55 & OVER
Pomona
Agency
7/1/15
to
12/31/15
Provide the proposed number of beneficiaries for Program Year 2016-2017.
TIME PERIOD
AGENCY
POMONA
YOUTH
WOMEN
AT-RISK
YOUTH
AT-RISK
SENIORS
DISABLED
7/1/16
to
6/30/2017
$______Indicate the proposed cost per CDBG beneficiary (CDBG request/CDBG
beneficiaries)
24
HOMELESS
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
6.
CLIENT INTAKE INFORMATION – CLIENTS SERVED BY INCOME LEVEL
(Projects previously funded)
Report the actual number of unduplicated number of clients your agency served from
July 1, 2015 through December 31, 2015.
One person can only be counted one time, even though the client may have been
served many times during the reporting period. Calculate the totals and percentages for
each category:
Household
Size
CDBG Eligible
Based on Section
8 Income Limits
HUD effective
*March, 2015,
# Served by
Agency below
the Income
Limit
# Of Pomona
residents
served by the
Agency below
the Income
Limit
# Served
by Project
below the
Income
Limit
# Of Pomona
residents served by
project below the
Income Limit
1
$ 45,650
2
$ 53,150
3
$ 66,400
4
$ 71,750
5
$ 70,450
6
$ 77,050
Subtotal of CDBG
Eligible Households
Total Households Served
Percentage of CDBG Income
Eligible Families Served
* Source: Each year income limits are revised by the Department of Housing and Urban Development.
The income limits above are to be used immediately.
6.
CLIENT INTAKE
INFORMATION
INFORMATION
–
CLIENT
OR
PROJECT
The source of funding for Public Service Grants comes from a Community Development
Block Grant (CDBG) received through the U.S. Department of Housing and Urban
Development (HUD).
CDBG funds are for the specific purpose of benefiting
low/moderate income households. In order to be eligible for these funds, your
organization must provide a service for the residents of the City of Pomona and be able
to document that clientele served by the project/program earn less than the following
income limits:
25
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Income Limits are based on HUD Section 8 Income Guidelines Effective March 2015
2014:
HOUSEHOLD
ANNUAL INCOME LIMIT
SIZE
Low/Moderate Income
(80% of MFI*)
1
$29,050-$46,500
2
$33,200-$53,150
3
$37,350-$59,800
4
$41,500-$66,400
5
$44,850-$71,750
6
$48,150-$77,050
7
$51,500-$82,350
8
$54,800-$87,650
Please check the corresponding letter, which further describes the activity you are
proposing:
1.
2.
Public Service Projects will most likely be (a ), or in some cases (b), per
CDBG Eligibility Requirements; and
For Construction Projects or Rehabilitation Projects, please note that
most projects will be (c), while those meeting ADA requirements will be (b).
a)_____
Client Based: The clients you propose to serve are low to
moderate-income persons who have less than 80% of the
median income. (Refer to attached Section 8 Income limits
issued by HUD, March 2015 (Low-Mod Clientele – LMC)
Note: Information on family size and income must be collected in
order to verify that family income does not exceed the CDBG
eligible income limit.
b)_____
Special Needs Population: The following clientele are
presumed to meet this income criterion: abused children,
battered spouses, elderly persons, and illiterate persons and
persons with acquired Immune Deficiency Syndrome (AIDS).
(Low-Mod Clientele – LMC)
Note: Income information not required, but information on family
size, race/ethnicity, age and verification of disability or special
need must be collected.
c)_____
Area Based: The project area is located in a CDBG-eligible
area, as defined by HUD where 51% of the residents are low to
moderated income. (refer to attached map) (Low-Mod Area –
LMA)
26
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Note: Proof of residency must be collected from recipients of
service in order to verify that family resides in the CDBG eligible
area. (not applicable to construction projects)
7.
ADDITIONAL CRITERIA FOR REHABILITATION OR CONSTRUCTION
PROJECTS
Please submit a map that locates the proposed project, along with applicable
census tracts for the service area of the project. If the project serves only a local
clientele, the service area may be limited to the neighborhood or to one mile out.
If the project serves regional clientele, please state the size of the region.
PRE-AWARD ASSESSMENT
All prospective organizations must demonstrate that it possesses overall
organizational capacity to meet specific regulatory requirements associated with
the proposed activity. The City will include a pre-award assessment that
includes, but is not limited to:
 Ability to comply with Davis-Bacon prevailing wage requirements, if
applicable.
 Clearance through SAMS.gov
8.
ADDITIONAL APPLICATION DISCLOSURE STATEMENT
All organizations that submit this application must provide accurate data
concerning the number and income levels of clients and/or location and nature of
projects/services. Estimates are unacceptable except for previously non-CDBG
funded agencies. This stipulation shall apply to all organizations that are
subsequently awarded funding. Any organization that falsifies information, either
accidentally or intentionally shall be required to reimburse the City for any funds
paid out and shall not be permitted to apply for funding in the future.
The applicant hereby proposes to provide the services or projects for the City of
Pomona as stated in this proposal. If this proposal is approved and funded, it is
agreed that relevant federal, state and local regulations and other assurances, as
required by the City of Pomona, will be adhered to. As the duly authorized
representative of the applicant organization, I certify that the applicant is fully
capable of fulfilling its obligation under this proposal.
DATE:_____________
SIGNED:________________________
TITLE:__________________________
ORGANIZATION:_________________
27
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
ATTACHMENT “A” BUDGET PROPOSAL
Project Name ____________________
FY____________
Salaries and Benefits*
Operating Budget Current Year
1. Salaries: list all positions #FT #PT #C Total
Other
City CDBG
and identify full/part time or
contract by title
a.
b.
c.
d.
e.
f.
g.
2. Benefits: list each
Worker’s Comp
Retirement
Other
Other
3. Total Salaries and
Benefits
*FT = Full Time PT = Part Time
C=Contract employment
28
Total
Proposed Budget
Other
City CDBG
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
ATTACHMENT “A” OPERATING BUDGET PROPOSAL
Project Name ____________________
Operating Expenses
Operating Budget Current Year
Total
Other
City CDBG
Rent/Mortgage
Utilities
Telephone
Mileage Reimbursement
Office Supplies
Program Supplies
Maintenance Supplies
Conference Travel

Consultant Services

Insurance/Gen Liability

Insurance/Dir. Liability

Audit

Other
TOTAL OPERATING EXPENSES
TOTAL PROGRAM BUDGET
29
Total
Proposed Budget
Other
City CDBG
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
ATTACHMENT “A” BUDGET ALTERNATIVE: REHABILITATION OR CONSTRUCTION
PROJECTS
Project Name ________________________
PROJECT EXPENSES
TOTAL PROJECT COST
Please list as applicable
1. Environmental Studies
(Phase I, Archeological Phase I, Engineering, etc.)
Total
Other
2. Design and Architectural (if applicable)
3. Development Bid Package
4. Bid Documents, Advertising
5. Construction
6. Project Management
7. Labor Compliance
8. Insurance
9. Other
TOTAL EXPENSE
PLEASE ATTACH A COPY OF:
1. PROPOSED TIMELINE FOR EACH STAGE OF THE PROJECT (e.g. Study, Design, Bid, Construction and Close-out)
30
CDBG FUNDS
REQUESTED
City CDBG
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
EXHIBIT “B”
BOARD OF DIRECTORS AFFIDAVIT
All applicant Agencies must complete this affidavit listing the members of the Board of
Directors and all other officers. If there are changes in the Board membership after the
request is submitted, the City of Pomona must be notified in writing.
In submitting this funding request, I, Designee)_______________________depose
And say that I am____________________________________________ [insert title,
President Vice President, etc.] of _______________________________________
___________________________________________________________________
[Insert name and address of Agency]
The other members and officers of the Board of Directors of this Agency are:
(Please list names of current Board Members and attach an additional sheet, if
necessary):
NAME
TITLE
TERM EXPIRES
1.
2.
3.
4.
5.
DATE: ________________________________ AT__________________________
(CITY & STATE)
THE APPROPRIATE AGENCY DESIGNEE MUST SIGN AND AFFIX THE SEAL
(Corporate Seal)
I certify and declare under penalty of perjury that the foregoing is true and correct.
__________________________
Print Name
______________________________
Signature and Title
31
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
EXHIBIT C – Project Service Area (check the area(s) below
that will be served):
Project Name ____________________
If this proposal includes service to more than one council district, check the district
where the main office will be located and identify the additional project service areas
and site address(es) in “Additional Information” below.
If the project office is located at a site other than main office location, include project
office location in the space below.
If a Citywide project is proposed, the capability must be demonstrated to serve the City
of Pomona and that proposed services can best be delivered on a citywide basis.
[ ] Council District 1
[ ] Council District 3
[ ] Council District 5
Council District 2 [ ]
Council District 4 [ ]
Council District 6 [ ]
[ ] Citywide
ADDITIONAL COUNCIL DISTRICT INFORMATION:
To be completed only if the project will have additional sites in more than one District:
______________________________________________________________________
*SITE CONTROL
Site currently occupied by Applicant?
[ ] YES
[ ] NO
Address:___________________________________________________________
Does the Applicant:
[ ] Own
[ ] Rent
[ ] Lease
[ ] Lease with Option
*Funding consideration cannot be considered nor a contract entered into until evidence
of site control, insurance and operating permits are provided. Evidence consists of City
approved and current Insurance Certificate, Lease Agreement and or a signed
confirmation letter from the owner of subject property.
Page 1 of 6
32
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
CERTIFICATION REGARDING LOBBYING
FY 2016-2017 CDBG PROGRAM APPLICATION PROCESS
The undersigned certifies to the best of her/his knowledge and belief that the Agency identified
below and its principals shall be in compliance with the following:
(1) Agency shall not use, and require its subcontractors not to use, any of the funds, personnel, or
materials received in connection with any agreement (contracts, grants, cooperative agreements)
awarded by the City of Pomona to influence or attempt to influence any governmental decision or
election in any manner whatsoever. This prohibition shall apply to any decision of any kind to be
made by any electorate, legislative body, agency, bureau, board, commission, district, or any other
instrument of federal, state, or local government. The term “influence or attempt to influence” shall
mean the making, with the intent to influence, any communication to or appearance before any
officer, employee, or appointee of any governmental entity, as well as any communication made to
any electorate, regarding any ballot measure or candidate election.
(2) Agency acknowledges that federal funds received from the City of Pomona for individual
program(s) have been provided pursuant to a federal grant, and shall comply with the laws set forth
at 31 USC section 1352 (1989) and 24 CRF 87.
(3) Agency shall disclose any funds from any other source which have been paid by Contractor or its
principals and agents within the last year to influence or attempt to influence decisions of the
federal government by completing, signing, and submitting Standard Form LLL, “Disclosure of
Lobbying Activities”. (24 CFR 87, Appendix B) Contractor understands that the duty to disclose
lobbying activities is a continuing requirement, and therefore shall make such disclosures at the end
of each calendar quarter in which there occurs any event requiring disclosure.
(4) Agency shall require the language of this certification be included in the award documents for all
subawards at all tiers (including subagreements, subcontracts, subgrants, and cooperative
agreements exceeding $100,000) and that all subrecipients shall certify and disclose accordingly.
This certification submitted to the City of Pomona is a material representation of fact upon which
reliance will be placed when entering into a contract agreement. If it later is determined that the
Agency rendered an erroneous certification, in addition to other remedies available, the City of
Pomona may terminate the contract for default. Name of Agency
Signature of Authorized Signing
Official/Representative
Date
Print/Type Name of Authorized Signing Official/Representative
33
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, INELIGIBILITY AND OTHER RESPONSIBILITY MATTERS
FY 2016-2017 CDBG PROGRAM APPLICATON PROCESS
1. By signing and submitting these certifications, the undersigned certifies to the best
of its knowledge and belief, that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency;
b) Have not within a three-year period preceding this award, have been convicted of
or had a civil judgment rendered against them for: commission of fraud or criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, local) contract or subcontract; violation of Federal or State antitrust
statutes relating to the submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in 2. of the certification;
d) Have not within a three-year period preceding this award, had one or more
contracts (Federal, State, or local) terminated for cause or default;
e) Will not knowingly enter into any subcontract with a person who is, or organization
that is, debarred, suspended, proposed for debarment, or declared ineligible from
award of contracts by any Federal agency; and
f) Will require that the language of this certification to be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
2. “Principals”, for the purposes of this certification, means officers; directors;
owners; partners; and, persons having primary management or supervisory
responsibilities within a business entity.
3. Where the undersigned is unable to certify to the statements listed in section (1) in
this certification, an explanation shall be attached. The Contractor shall provide
immediate written notice if, at any time prior to or during the negotiated contract
period, the Contractor learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
4. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render, in good faith, the certification required by
paragraph (1) of this provision. The knowledge and information of Contractor is not
required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
34
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Initials______
5. It possesses the legal authority to apply for the grant, and to execute the
proposed program;
6. Its governing body has duly adopted or passes as an official act or resolution,
motion, or similar action authorizing the fining of the application, including all
understandings and assurances contained therein, and authorizing the
applicant's chief executive officer or other designee to act in connection with the
application and to provide such additional information as may be required;
(a)
It will comply with the policies, guidelines and requirements of OMB
OMNI Circular at 2 CFR part 200 as they relate to the acceptance and
use of CDBG Funds amounts by local governments and by private
non-profit organizations.
(b)
It will comply with the following regarding non-discrimination:
1.
2.
3.
4.
5.
6.
7.
8.
Title VIII of the Civil Rights Act of 1968 and implementing regulations;
Executive Order 11063 and implementing regulations;
Title VI of the Civil Rights Act of 1964 and implementing regulations;
The Age Discrimination Act of 1975 and Section 5043 of the
Rehabilitation Act of 1973;
Executive Order 11246 and implementing regulations;
Section 3 of the Housing and Urban Development Act of 1968;
Executive Orders 11625, 12432, and 12138 regarding encouragement
of minority and women's business participation;
The prospective contractor's signature affixed hereon and dated shall
constitute a certification under penalty of perjury under the laws of the
State of California that the bidder has, unless exempted , complied with
the non-discrimination program requirements of Government Code
Section 12990 and Title 2, California Administrative Code, Section
8103;
(c)
For major rehabilitation or conversion, it will comply with the Uniform
Federal Accessibility Standards (24 CFR Part 40, Appendix A).
7. No person who is an employee, agent, consultant, officer, or elected or appointed
official of the non-profit recipient that receives CDBG funds and who exercises or
has exercised any functions or responsibilities with respect to assisted activities
or who is in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a personal or financial
interest or benefit from the activity, or have an interest in any contract,
subcontract, or agreement
35
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
With respect hereto, or the proceeds there under, either for him or herself or
those with whom he or she has family or business ties, during his or her tenure or
for one (1) year thereafter;
8. It will comply with the applicable requirements of the Lead Based Paint Poisoning
Prevention Act and implementing regulations;
9. It will register in the System for Award Management (SAM), the Official U.S.
Government system that consolidated the capabilities of double-checking
Contractor status (debarment). There is NO fee to register for this site.
10. It will not comply, award contracts to, or otherwise engage the services of any
contractor while that contractor is in a period of debarment, suspension, or
placement in ineligibility status under the provision of 24 CFR Part 24;
11. It will maintain records necessary to document compliance with applicable
requirements and will give HUD, the City of Pomona, or any of their authorized
representatives access to and the right to examine all records related to the
grant;
12. Reports required by the City or HUD shall be submitted in a timely manner and
contain all required information as can reasonably be made available;
13. The building standard requirements of 24 CFR 576.75;
14. The requirements of 24 CFR 576.79, other appropriate provision of 24 CFR Part
576, and other applicable Federal laws concerning non-discrimination and equal
opportunity;
15. The requirements of 24 CFR 576.80 concerning the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970; and,
16. The requirement of 24 CFR 576.80 concerning minimizing the displacement of
persons as a result of a project assisted with these funds.
This certification submitted to the City of Pomona is a material representation of fact
upon which reliance will be placed when entering into a contract agreement. If it later
determined that the Contractor/Proposer knowingly rendered an erroneous certification,
in addition to other remedies available, the City of Pomona may terminate the contract
for default. This certification is made under penalty of perjury.
CERTIFYING OFFICIAL:
___________________________________
(Print Name)
___________________________________
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
(Signature)
____________________________________
(Date)
ATTACHMENTS
RFP SELECTION CRITERIA/PRIORITY NEEDS
ATTACHMENT “A”
(Core Strategies)
ATTACHMENT “B”
(Youth and Family Master Plan Executive Summary)
ATTACHMENT “C”
(Continuum of Care Goals)
37
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
CITY OF POMONA
“ATTACHMENT A”
VISION
Pomona is a vibrant city providing a safe, clean, family oriented community.
We are committed to being a city that promotes harmonious diversity and
economic prosperity.
MISSION
The City of Pomona is dedicated to improving the quality of life for our
diverse community.
VALUES & GUIDING PRINCIPLES
We believe in and carry out our daily activities based on the values of:
 Integrity
 Honesty
 Respect
 Customer Service Excellence
 Teamwork
 Responsiveness
 Fiscal Responsibility
 Stewardship
CORE STRATEGIES
Core Strategy #1 - Maintain and Improve City Infrastructure
Core Strategy #2 - Provide Quality Services to all Residents
Core Strategy #3 - Create Long Term Prosperity through Economic Growth
Core Strategy #4 - Develop Safe, Clean Family Oriented Neighborhoods
Core Strategy #5 - Ensure Safe Communities through Increased, Targeted and
Planned Public Safety Efforts
Core Strategy #6 - Develop Mutually Beneficial Relationships with External
Organizations
38
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
Core Strategy #7 - Develop a Marketing Strategy that Enhances the Image and
Perception of the City of Pomona
39
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
“ATTACHMENT B”
POMONA YOUTH AND FAMILY MASTER PLAN
EXECUTIVE SUMMARY
A. INTRODUCTION
The Pomona Youth and Family Master Plan (YFMP) is a blueprint for change that points the
way to a brighter future for our community’s youth and families. Born out of many years of
frustration with lingering problems such as gang violence, poor academic achievement and high
rates of teen pregnancy, the formal Youth and Family Master Plan planning process was initiated
on February 28, 2005 through the adoption of City Council Resolution No. 2005-13.
The resolution conveyed a commitment to foster a community that cares and to promote positive
youth development through collaboration. Rather than just another consultant’s study that can be
set aside on a shelf, the YFMP is a community-authored document that is focused on specific
action steps, accountability and successful outcomes.
The YFMP is the result of over twelve months of work by residents, youth, community leaders
and those who provide prevention and youth development services to Pomona’s youth and
families. A series of community forums were held to solicit community input on the biggest
challenges and obstacles to Pomona’s young people and families. Over 300 community
residents, including youth, attended the forums and provided input.
B. PRIORITY RISK FACTORS
In order to gain a better understanding of how to tackle the problems, the community forums
focused on identifying “priority risk factors,” or conditions, which are associated with the kinds
of destructive behavior patterns and barriers to access that, keep some of Pomona’s youth and
families from achieving their full potential. The three priority risk factors that were identified
are as follows:
1. Community Disorganization-This risk factor means that young people don’t feel as though
the adults in their community are working effectively together to solve the problems
impacting their lives. Research shows that young people growing up in disorganized
communities are at higher risk for substance abuse, delinquency and violence. Young people
growing up in disorganized communities can feel powerless and hopeless.
2. Academic Failure-Young people who perceive themselves as failing academically are at
risk for substance abuse, delinquency, teen pregnancy, school drop-out and violence.
Regardless of the cause of academic failure, students who don’t view themselves as
successful students are at risk.
3. Favorable Youth Attitudes Toward Antisocial Behavior-Young people who accept and
condone antisocial behavior are at risk. Antisocial behavior refers to actions that deviate
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
significantly from established social norms, including skipping school, getting into fights,
running away from home, persistently lying, using illegal drugs or alcohol, stealing,
vandalizing property, engaging in aggressive or violent behavior toward other individuals,
and violating school rules, home rules or local criminal laws.
C. COMMUNITY RESOURCE ASSESSMENT
Once the three priority risk factors were identified, the next step was to identify which programs
and services currently operate in Pomona that addresses these priority risk factors, and to identify
“gaps” or weaknesses in the current response. In other words, what is the community currently
doing to try to address these risk factors, and who is doing it? A Youth and Family Master Plan
Resource Assessment Survey was completed by 82 program providers and the results were
compiled into a resource database. One of the major weaknesses identified in Pomona’s current
efforts is the lack of testing for program effectiveness and accountability, especially over the
long term. While many individuals and organizations are active in serving youth and families in
Pomona, there are not many well-established processes for measuring how effective their efforts
are in creating lasting change.
D. MEASURABLE DESIRED OUTCOMES
Clear, measurable desired outcomes are the foundation for an effective Youth and Family Master
Plan. They help to form the vision that will drive the strategies developed by the Plan. They
bring discipline and structure to our generalized goals by giving us benchmarks with which to
measure our progress. The Pomona YFMP includes a host of desired outcomes for each of the
priority risk factors and for factors such as youth substance abuse, delinquency and violence.
E. ACTION PLAN
The Pomona Youth and Family Master Plan is an action-oriented document that includes specific
short- and long-term strategies for addressing each of the priority risk factors. It recognizes that
even the best available analysis of the problems is of little value if that analysis doesn’t lead to
specific goals and action steps. The YFMP provides multiple strategies for addressing the
following key goals:
Goal One:
Reduce Community Disorganization.
Goal Two:
Reduce Academic Failure
Goal Three: Reduce Favorable Youth Attitudes Toward Antisocial Behavior
Goal Four: Create an Effective, Efficient Collaborative System to Support
Implementation, Evaluation and Sustainability of the YFMP
The YFMP also introduces and discusses the merits of a number of “tested and effective”
programs for various age levels that have been implemented in communities across the nation.
These programs may be appropriate and feasible for Pomona, but the Plan recommends that they
be studied by a local task force before being implemented locally.
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
++Some of the Specific Recommended Strategies to Ensure the Ongoing Success of the
Plan Include:
 Maintain and strengthen the communication, cooperation, collaboration and leadership
generated through the Communities That Care process in developing the Youth and Family
Master Plan.
 Develop a task force to address the issue of access barriers to youth and family programs,
including neighborhood-based services and/or adequate transportation to help youth and
families access services.
 Work with local universities to provide training and technical assistance to program
providers needing assistance with program evaluation.
 Review City, PUSD, and community-based fiscal and human resource allocations in light of
the Youth and Family Master Plan. Coordinate, creatively use, and leverage community
resources to support the effective implementation of the Youth and Family Master Plan.
 Convene quarterly meetings of key stakeholders to review new funding opportunities that
support the Youth and Family Master Plan.
 Communicate regularly with key stakeholders about progress toward achieving the goals of
the plan.
 Publish an annual report describing status of key indicators of progress.
E. EVALUATION STRATEGY
The Pomona Youth and Family Master Plan is focused on results and accountability. A key
component of the Plan’s implementation will be ongoing evaluation to measure the effectiveness
of the various programs and services. Progress toward the goals of the Pomona YFMP will be
monitored and reported semi-annually to the community through community-level evaluation.
Other indicators of progress will be tracked and reported annually. An Evaluation Subcommittee
of the Community Board will be responsible for facilitating and reporting on the evaluation
process, with support from local evaluation experts.
G. CONCLUSION
The YFMP lays out an ambitious strategy for a community that clearly wants to provide the best
for its youth and families. It offers a process through which the needs of its youth can be better
understood and through which those needs can be met by innovative and effective programs that
are designed to be tested, evaluated, and modified to meet changing demands. Its development
represents a great deal of commitment by all of the community’s stakeholders to make a lasting
impact in the lives of Pomona’s youth and families.
For further information regarding the
City of Pomona’s Youth and Family Master Plan
please visit our website at http://www.ci.pomona.ca.us/city_departments/YFMP/
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
City of Pomona
Continuum of Care
“ATTACHMENT C”
The City of Pomona has a comprehensive strategy addressing homelessness within our City. This
strategy is a Continuum of Care that focuses on the following homeless needs:
outreach/assessment; emergency shelters; transitional shelters; permanent supportive housing;
supportive services and permanent housing.
In accordance with this strategy, as outlined in the City of Pomona’s Consolidated Plan and
2011-2012 Annual Action Plan, the City of Pomona has developed the following goals:
1.
Assist the homeless, and those special needs populations at risk of becoming homeless,
through the provision of programming and services that address poverty, mental health,
disability, domestic violence, substance abuse, HIV/AIDS and the needs of elderly.
2.
Eliminate gaps in service by increasing the access to, and the efficiency of, services for
the homeless, and those special needs populations at risk of becoming homeless, that
decrease episodes of homelessness and increase self-sufficiency.
3.
Begin the “housing stabilization” process by preventing homelessness through
economic and social stability and by decreasing the number of homeless that live on
the streets by assisting them with access to emergency, transitional or permanent
housing.
4.
Support personal, social and economic development efforts that address an individual’s
need for stability, self-sufficiency and self-determination.
Important Change to Emergency Shelter Grant Program
(name change to Emergency Solutions Grants Program)
The Homeless Emergency Assistance and Rapid Transition to Housing Act of
2009 (HEARTH Act), was enacted into law on May 20, 2009, consolidates three of
the separate homeless assistance programs administered by HUD under the
McKinney-Vento Homeless Assistance Act into a single grant program, revised
the Emergency Shelter Grants Program and renames the program to the
Emergency Solutions Grants Program. The HEARTH Act also codifies into law
the Continuum of Care (CoC) planning process.
Now that the bill is enacted, The U.S. Department of Housing and Urban
Development (HUD) working with the City, to develop regulations to Eligibility
Information.
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
RESERVATION OF RIGHTS
The CITY reserves the right to:







Reject any and all proposals at its discretion
Cancel the entire RFP
Waive any minor errors or informalities in any proposals, to the extent permitted by law
Conduct oral interviews
Negotiate with one or more offerors
Require a best and final offer from one or more offerors
Issue an amended RFP to ensure compatibility of the Proposal for comparison
TERMS AND CONDITIONS
a) Addendum to the RFP – If it becomes necessary to revise any part the RFP, an
addendum will be posted on the City’s website (see Section 3, “INQUIRIES AND
QUESTIONS” for details). If an answer materially affects the RFP, the information will be
incorporated into an addendum and distributed to all vendors via the City’s website; no
other contact shall be made by the City to vendors regarding addenda to the RFP. All
addenda issued during the time of bidding will be incorporated into the resulting
contract.
b) Applicable Laws – The laws of the State of California will govern the contract. The
applicable law for any legal dispute arising out of the contract shall be the law of the
State of California. The Bidder shall comply with all federal, state, county and local laws
concerning this type of commodity/service. All system provided by the Bidder shall
comply with all applicable federal, state, and local building, fire, safety, and electrical
codes and all relevant industry standards.
c) Appropriation of Funds – If the term of this agreement extends into fiscal years
subsequent to that in which it was approved, such continuation of the contract is
subject to the appropriation of funds for such purpose by the City of Pomona City
Council. If funds to effect such continued payment are not appropriated, the Bidder
agrees to terminate any goods or service supplied to the City under this agreement.
d)
Assignment – The Bidder shall, under no circumstances, assign any contract issued as a
result of this proposal by any means whatsoever, or any part thereof to another party
without express written permission of the City of Pomona.
e)
Award of Contract – A contract may be awarded as a result of this RFP and may require
approval by the City of Pomona City Council as prescribed by City Ordinances and Codes.
All awarded contracts must be issued a City of Pomona Purchase Order prior to
delivering goods or performing services. If the awarded vendor imposes additional
terms or conditions after the award of a contract, the award may be rescinded and the
Contract will be canceled.
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
f)
Bidder's Cost to Develop a Response – Costs for developing a response to this
solicitation are entirely the obligation of the Bidder and shall not be chargeable in any
manner to the City of Pomona.
g)
Conflict of Interest – Except for items that are clearly promotional in nature, mass
produced, trivial in value and not intended to invoke any form of reciprocation,
employees of the City of Pomona may not accept gratuities, entertainment, meals of
anything of value whatsoever from current or potential suppliers. The offer of such
gratuity to an employee of the City shall be cause for declaring such supplier to be an
irresponsible proposer and preventing him from bidding as provided in Sections 2-974
and 2-975 of the City Code of the City of Pomona.
h)
Default Of Vendor - The City of Pomona shall hold the vendor responsible for any
damage, which may be sustained because of the failure or neglect of the vendor to
comply with any term or condition, listed herein.
i) Equal Employment Opportunity – The Bidder shall comply with all applicable state and
federal laws addressing Equal Employment Opportunity.
j)
General Services – Award will be made to the lowest responsible/responsive bidder.
The City may make an award without further discussion of the proposals submitted;
therefore, the proposal should be submitted with the most favorable terms that the
Bidder can offer.
k)
Independent Contractor Status – It is expressly understood that the Bidder named in
any contract entered into by the City is acting as an “independent contractor” and not
as an agent or employee of the City of Pomona.
l)
Late Submission of Bid or Proposal – Any proposals received after the due date and
time specified in this RFP will not be accepted. The City will not return late submittals.
Late submittals will be destroyed by the City 30 days after proposal opening.
m)
News Releases – The Bidder shall not make news releases pertaining to an award
resulting from proposals made in response to the RFP without the prior written approval
of the City of Pomona Finance Director. In addition, the successful Bidder must agree
not to release any advertising copy mentioning the City of Pomona or quoting the
opinion of any City employee without written approval by the City of Pomona Finance
Director.
n)
Permits and Licenses – The Bidder shall secure or maintain in force during the period
covered by any contract resulting from this specification all licenses and permits
required by law for the operation of their business including a Pomona Business License
when required.
45
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
o)
Public Information – After the date specified for the opening of the RFP, all materials
received relative to general service proposals become public information and are
available for inspection. Professional service proposals become public upon award of
contract. The City reserves the right to retain all proposals submitted, whether or not
the proposal was selected or judged to be responsive.
p)
Rejection of Proposals – This RFP does not commit the City of Pomona to award any
contract. The City reserves the right, at its sole discretion, to reject any or all proposals
without penalty, to waive irregularities in any proposal response or in the proposal
procedures, and to be the final judge is determining a responsive and responsible bid or
proposal. The City reserves the right, at its sole discretion, to reject any or all proposals
that contain items not specified, items that are incorrect, that does not complete all the
items scheduled, or does not respond to items published specifications or scope of
services. Proposals received by telephone or facsimile will be considered nonresponsive and will be rejected. Proposals offering less than 90 days for acceptance
from the published closing date may be considered non-responsive and may be
rejected.
q)
Signatures – Bid or proposal responses must be signed in longhand by the Bidder with
his/her usual signature in the designated areas within the Proposal documents.
Submission of proposals must be signed by any and all representatives legally
authorized to contractually bind the Corporation.
r)
Unauthorized Use of City Seal or Logo – Section 2-5(3)a of the Pomona City Code
prohibits the use of the City’s Seal or Logo, or any reproduction thereof, for any purpose
other than for official business of the city, its council, officers or departments.
S)
Withdrawal of Proposals – Proposal responses received by the Purchasing Division may
be withdrawn. An authorized representative of the Bidder must submit a signed,
written request to the Purchasing Manager, formally requesting their proposal to be
withdrawn from the proposal process.
DEFINITIONS
In accordance with Section 2-961 of the Pomona City Code, the following words, terms and
phrases have the meanings ascribed to as follows:
Most qualified bidder. The "most qualified bidder" will be determined by consideration of the
following factors:
(1)
Qualifications, background, and prior experience of the firm in performing services for
similar projects.
(2)
Experience, organization, and technical skills to successfully accomplish the project’s
scope of services and objectives.
(3)
Overall project design and methodology.
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
(4)
The responsiveness of the RFP to the tasks to be performed as identified in the “Scope
of Services” section.
(5)
The timeliness and speed with which the consultant can complete the scope of work.
(6)
The comprehensiveness and rationale of the project work plan.
(7)
Past performance on contracts with business or government agencies in terms of quality
of work and compliance with schedules. This will be evaluated based on a check of
references.
(8)
An evaluation of the approach and related costs.
Nonresponsive bidder means an offer, submitted by a bidder, to furnish supplies, equipment or
services that are not in conformity with the specifications, delivery terms or conditions or other
requirements specified in the invitation for Proposals.
Nonresponsible bidder is a bidder that provides a bid or proposal but fails to demonstrate their
capacity (financial or otherwise) to provide the supplies, equipment or service as specified in
the bid or proposal.
Professional services means those services provided by an individual, firm, partnership, or
corporation as an independent Consultant and which are of a technical and/or unique nature
which require persons who are exceptionally qualified by education or experience to perform
administrative, technical or advisory services which do not involve the delivery of a specific end
product other than reports, plans, documents or specifications. By way of illustration but not
limitation, the following services are considered as professional: general management
consulting, personnel consulting, architecture, accounting, land surveying, landscape
architecture, law, medicine, engineering, research, studies of government operations and
procedures and training. Services exempt from this definition include various types of testing
services, real estate appraisers, equipment repair specialists, janitorial services and security
service.
Responsible bidder means a bidder who submits a responsive Proposal and who is not only
financially responsible, but also possesses the resources, judgment, skill, ability, capacity and
integrity requisite and necessary to perform the contract according to its terms.
Responsive bid means a proposal, submitted by a responsible bidder, to furnish supplies,
equipment or services in conformity with the specifications, delivery terms and conditions and
other requirements specified in the invitation for Proposals.
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
SAMPLE AGREEMENT FOR CONSULTANT/CONTRACTOR SERVICES
THIS AGREEMENT (hereinafter referred to as AGREEMENT) is entered into by and between the CITY OF
POMONA, hereinafter referred to as the “CITY,” and ___________, a ___________Corporation, hereinafter
referred to as “CONSULTANT” or “CONTRACTOR”.
RECITALS
WHEREAS, the CITY desires to engage CONSULTANT/CONTRACTOR to perform xxxxxxxxxxx consulting /
contracting services for CITY.
WHEREAS, CONSULTANT/CONTRACTOR represents that the principal representative is authorized to
enter into this agreement on behalf of CONSULTANT/CONTRACTOR and CONSULTANT/CONTRACTOR is willing to
perform such services hereinafter defined.
NOW, THEREFORE, the parties agree as follows:
1.
TERM. This Agreement shall be for a term of one year commencing on xxxx xx, 20xx, through
xxxx xx, 20xx, with xx one-year extension options, subject to written agreement of the Parties.
2.
REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE. The representative of the parties
who are primarily responsible for the administration of the AGREEMENT, and to whom formal notice, demands
and communications shall be given, are as follows:
A.
The principal representative of the CITY shall be:
_______________
City of Pomona
505 South Garey Avenue
Pomona, CA 91766
(909) 620-_______
B.
The principal representative of the CONSULTANT/CONTRACTOR shall be:
_________________
C.
Formal notices, demands and communications to be given hereunder by either party shall be
made in writing and may be affected by personal delivery or by mail.
D.
If the name of the principal representative designated to receive the notices, demands or
communications, or the address of such person, is changed, written notice shall be given within
five (5) working days of said changes.
3.
RETENTION. The CITY retains and employs CONSULTANT/CONTRACTOR to act as such for CITY to
perform such consulting services as may be requested of it by the CITY. CONSULTANT/CONTRACTOR accepts the
employment and agrees to render such services as CONSULTANT/CONTRACTOR on the terms and conditions
herein stated.
4.
SCOPE OF SERVICES. The scope of such services is set forth in the attached Scope of Work, which
is made Exhibit “A” to this Agreement.
5.
COMPENSATION. The CITY agrees to pay CONSULTANT/CONTRACTOR for the above-stated
services, as set forth in the aforementioned attached Scope of Work. CONSULTANT/CONTRACTOR agrees that fees
for services shall not exceed the authorized amount of $XXXXX.XX as set forth in the fee schedule, Exhibit “B”
attached hereto, unless the CITY has given specific advance approval in writing.
6.
INDEPENDENT CONTRACTOR. CONSULTANT/CONTRACTOR is an independent contractor. As
such, CONSULTANT/CONTRACTOR shall have no power or authority to incur any debt, obligation or liability on
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
behalf of CITY. Further, CONSULTANT is not entitled to any benefit typically associated with an employee such as
medical, sick leave or vacation benefit.
7.
PERS ELIGIBILITY INDEMNITY. In the event that CONSULTANT/CONTRACTOR or any employee,
agent, or subcontractor of CONSULTANT/CONTRACTOR providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to
be eligible for enrollment in PERS as an employee of the City, CONSULTANT/CONTRACTOR shall indemnify, defend,
and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on
behalf of CONSULTANT/CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of
any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the
contrary, CONSULTANT and any of its employees, agents, and subcontractors providing service under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an
employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or
employee contributions for PERS benefits.
8.
ECONOMIC INTEREST STATEMENT. CONSULTANT/CONTRACTOR hereby acknowledges that
pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by CITY hereunder,
CONSULTANT/CONTRACTOR is designated in said Conflict of Interest Code and is therefore required to file an
Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advise under this
Agreement, prior to the commencement of work. The extent of CONSULTANT/CONTRACTORS disclosure
requirements is set forth in the written determination of the City Manager of CITY, attached hereto as Exhibit “C.”
9.
INDEMNITY AND INSURANCE
A. INDEMNITY. CONSULTANT/CONTRACTOR hereby agrees to protect, indemnify and hold CITY and its
employees, officers and servants free and harmless from any and all losses, claims, liens, demands
and causes of action of every kind and character including, but not limited to, the amounts of
judgment, interests, court costs, legal fees, expert costs, expert fees and all other expenses incurred
by the CITY to the maximum extent allowed by law arising in favor of any party, including claims,
liens, debts, personal injuries, including employees of the CITY, death or damages to property
(including property of the CITY) and without limitation by enumeration, all other claims or demands
of every character occurring or arising directly out of or as a consequence of the performance of the
work performed hereunder, except only such injury to persons or damage to property due or claimed
to be due to the sole negligence of the CITY. This provision is not intended to create any cause of
action in favor of any third party against CONSULTANT/CONTRACTOR or the CITY or to enlarge in any
way the CONSULTANT/CONTRACTOR’S liability but is intended solely to provide for indemnification of
the CITY for liability for damages or injuries to third persons or property arising from
CONSULTANT/CONTRACTOR’S negligent performance hereunder.
B.
INSURANCE. CONSULTANT/CONTRACTOR shall procure and maintain at all times during the term of
this Agreement insurance as set forth in Exhibit “D” attached hereto.
10.
OWNERSHIP OF WORK PRODUCT. All reports, documents or other written material developed
by CONSULTANT/CONTRACTOR in the performance of this AGREEMENT shall be and remain the property of CITY
without restriction or limitation upon its use or dissemination by CITY. Such Material shall not be the subject of a
copyright application by CONSULTANT/CONTRACTOR. Any re-use by CITY of any such materials on any project
other than the project for which they were prepared shall be at the sole risk of CITY unless CITY compensates
CONSULTANT/CONTRACTOR for such use.
11.
CONFIDENTIALITY. Employees of CONSULTANT/CONTRACTOR in the course of their duties may
have access to financial, accounting, statistical, and personnel data of private individuals and employees of CITY.
CONSULTANT/CONTRACTOR covenants that all data, documents, discussion, or other information developed or
received by CONSULTANT/CONTRACTOR or provided for performance of this AGREEMENT are deemed confidential
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
and shall not be disclosed by CONSULTANT/CONTRACTOR without written authorization by CITY. CITY shall grant
such authorization if disclosure is required by law. All CITY data shall be returned to CITY upon the termination of
this AGREEMENT. CONSULTANT/CONTRACTOR’s covenant under this Section shall survive the termination of this
AGREEMENT.
12.
TERMINATION FOR CONVENIENCE. Either the CITY or the CONSULTANT/CONTRACTOR may
terminate this AGREEMENT at any time without cause by giving thirty (30) calendar days written notice to the
other of such termination and specifying the effective date thereof. If this AGREEMENT is terminated as provided
herein, CONSULTANT/CONTRACTOR shall be paid only the total amount equal to the service
CONSULTANT/CONTRACTOR has provided as of the termination date. In no event shall the amount payable upon
termination exceed the total maximum compensation provided for in this AGREEMENT or the value of services
provided as of date of termination.
13.
TERMINATION FOR CAUSE. If for any reason, CONSULTANT/CONTRACTOR shall fail to fulfill in a
timely and proper manner its obligation under this AGREEMENT, or if CONSULTANT/CONTRACTOR shall violate any
of the covenants or stipulations of this agreement, CITY shall then have the right to terminate this agreement by
giving a five (5) calendar day written notice to CONSULTANT/CONTRACTOR. The notice shall refer to this clause,
shall specify the nature of the alleged default, and shall specify the effective date of the termination. The
CONSULTANT/CONTRACTOR will be paid a total amount equal to the service CONSULTANT/CONTRACTOR has
provided as of the termination date. In no event shall the amount payable upon termination exceed the total
maximum compensation provided for in this AGREEMENT.
14.
ASSIGNMENT AND SUBCONTRACTING. Neither party shall assign or subcontract the rights or
responsibilities under this agreement without the express, written consent of the other party, which may be
withheld for any reason or for no reason.
15.
STANDARD. CONSULTANT/CONTRACTOR agrees that the services to be rendered pursuant to
this Agreement shall be performed in accordance with the standards customarily provided by an experienced and
competent professional organization rendering the same or similar services. CONSULTANT/CONTRACTOR shall reperform any of said services, which are not in conformity with standards as determined by the CITY. The
CONSULTANT/CONTRACTOR will be relieved of its obligation to re-perform said services if the CITY does not notify
CONSULTANT/CONTRACTOR within 180 days after the completion of the non-conforming service. Compensation
for CONSULTANT/CONTRACTOR to re-perform said services shall be subject to the approval of the CITY, but in no
event shall such compensation exceed the actual cost of said services. Except as hereinafter provided in respect of
personal injury or property damage, the foregoing are the CONSULTANT/CONTRACTOR’S entire responsibilities
and the CITY’S exclusive remedies for service rendered or to be rendered hereunder, and no other warranties,
guarantees, liabilities, or obligations are to be implied.
16.
RESOLUTION OF DISPUTES.
A.
Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall,
to the extent reasonably feasible, be resolved through good faith negotiations between the
parties.
B.
If any action, at law or in equity, is brought to enforce or to interpret any provisions of this
AGREEMENT, the prevailing party in such action shall be entitled to recover reasonable
attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be
sought and awarded.
17.
FORCE MAJEURE. The respective duties and obligations of the parties hereunder shall be
suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire,
severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing
which are beyond the control of the party from whom the affected performance was due.
18.
NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this
AGREEMENT, CONSULTANT/CONTRACTOR shall not discriminate against any employee, subcontractor, or
applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
physical or mental handicap, medical condition, or sexual orientation. CONSULTANT/CONTRACTOR will take
affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated
during employment, without regard to their race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
19.
SEVERABILITY. If any provision of this agreement is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect
without being impaired or invalidated in any way.
20.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with laws
of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie
exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie
in the Central District of California.
21.
ENTIRE AGREEMENT. This AGREEMENT, together with Exhibits “A,” “B,” “C” and “D” supersede
any and all other agreements, either oral or in writing, between the parties with respect to the subject matter
herein. Each party to this AGREEMENT acknowledges that no representation by any party, which is not embodied
herein, nor any other agreement; statement or promise not contained in this AGREEMENT shall be valid and
binding. Any modification of the AGREEMENT shall be effective only if it is in writing and signed by all parties.
IN WITNESS WHEREOF this Agreement is entered into by the parties hereto on the dates set forth below.
ATTEST:
THE CITY OF POMONA
By:
City Clerk
City Manager
Date: ______________________
APPROVED AS TO FORM:
CONSULTANT/CONTRACTOR/CONTRACTOR
__
By:
City Attorney
Title:
Date: ______________________
Approved by City Council on _____________
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
CITY OF POMONA MINORITY BUSINESS QUESTIONNAIRE
Failure to complete and submit this Worksheet with the Proposal response will render
the Proposal non-responsive and will not be considered for award.
Name of Business:
Division or Subsidiary, if applicable:
Business Address:
Business Telephone No.:
Contact Person:
Title:
Type of Business:
Non Profit
Sole Proprietorship
Partnership – General
– Limited
– Corporation
[
[
[
[
[
]
]
]
]
]
Is the business 51% or more owned by:
American Indian
Asian
Black
Hispanic
Female
Other
[
[
[
[
[
[
]
]
]
]
]
]
(please specify)
Prepared By:
Title:
Date:
For more information, please contact the City of Pomona Purchasing Division (909) 620-2381.
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
CITY OF POMONA STATEMENT OF NON-COLLUSION BY CONTRACTOR
Failure to complete and submit this Worksheet with the Proposal response will render the
Proposal non-responsive and will not be considered for award.
The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify that:
a. All statements of fact in such bid or proposal are true;
b. Such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization or corporation;
c. Such bid or proposal is genuine and not collusive or sham;
d. Bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to
induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone else interested
in the proposed procurement;
e. Bidder did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or
anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or
withdraw his bid or proposal;
f. Bidder did not, in any manner, directly or indirectly seek by agreement, communication or conference with
anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead,
profit or cost element of his bid or proposal price, or that of anyone else;
g. Bidder did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member agent thereof, or to any individual or group of
individuals, except to the City of Pomona, or to any person or persons who have a partnership or other
financial interest with said bidder in his business.
h. Bidder did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity,
entertainment, meals, or anything of value, whatsoever, which could be construed as intending to invoke any
form of reciprocation or favorable treatment.
i. No officer or principal of the undersigned firm is employed or has been employed, either full or part time, by
the City of Pomona, either currently or within the last two (2) years, or is related to any officer or employee of
the City by blood or marriage within the third degree. An exception to this section may be granted by
approval of the City Council prior to contract award.
j. No officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been
convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any
other act in violation of any state or federal antitrust law in connection with the bidding on, award of, or
performance of, any public work contract, with any public entity, within the last three years.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and
correct and that this certification was executed on ____________ at __________________________,
(Date)
(Location)
California.
Business: By:
(Signature)
Address:
(Print Name & Title)
53
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF POMONA
FY 2016-2017 CDBG, REQUEST FOR PROPOSAL (RFP) FULL APPLICATION FOR FUNDING
CDBG RFP BID NO: 1021.30
CITY OF POMONA AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR AND
ACCEPTANCE AND ACKNOWLEDGMENT OF PROCUREMENT PRACTICES OF THE CITY OF POMONA
Failure to complete and submit this Worksheet with the Bid or Proposal response will render the Bid or Proposal nonresponsive and will not be considered for award.
The City of Pomona requires contractors and suppliers of services to the City to agree to indemnify and hold the City of Pomona
harmless for claims or losses arising from, or in connection with, the contracting party’s work for the City of Pomona before a
Purchase Order is issued.
To reduce the possibility of misunderstanding between contracting parties and the City in case of a claim or lawsuit, the City of
Pomona is requiring that contacting parties who perform services for the City sign this letter. This letter will act as and become
a part of each Contract/Purchase Order between the City of Pomona and the contracting parties signing the letter for the
duration of the contract term and any extensions thereto.
In consideration of the opportunity of doing work for the City of Pomona and benefits to be received thereby, the
contracting party to this agreement agrees as follows:
1.
That where a contract, purchase order or confirming order is issued by the City of Pomona awarding a contract, this Letter
Agreement is to be considered part of that contract.
2.
Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City of Pomona, and
any officer, employee or agent, thereof harmless from any and all claims, liabilities, obligations and causes of action, of
whatsoever kind or nature, for injury to, or death of, any person (including officers, employees and agents of the City of
Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from
any and all actions or omissions of contractor or contractor’s employees, agents or invitees, or any subcontractor of
contractor or any of such subcontractor’s employees, agents or invitees.
3.
That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides: “If
an action, as provided in this chapter, is prosecuted by the employee, the employer, or both jointly against the third
person results in judgment against such third person or settlement by such third person, the employer shall have no
liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written
agreement so to be executed prior to the injury.” This waiver will apply to the contracting party to this letter to any
contracts awarded by the City of Pomona during the term of this Agreement and any extensions thereto.
4.
That this Agreement has been signed by an authorized representative of the contracting party, and such representative
has the authority to bind the contractor/vendor to all terms and conditions of this Agreement.
5.
That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the
City of Pomona. As a condition precedent to acceptance, any contacts from the City of Pomona and contracting party
agree to advise its successors or assignees of this Agreement and to obtain their consent to it in writing before the work of
the representative successor or assignees begins. Such assignment shall not be effective without the prior written consent
of the City of Pomona.
6.
To promptly notify the City of Pomona of any change in ownership of the contracting party while this Agreement is in
force.
This letter Agreement cannot be modified or changed without the express written consent of the City of Attorney of the City of
Pomona.
I agree to the terms of this Letter Agreement on behalf of:
Business:
By:
Address:
(Signature)
(Print Name & Title)
Date: __________________
54