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HomeMy WebLinkAboutContracts & Agreements_40-1987_CCv0001.pdf COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 1988-89, 1989-90, 1990-91 COUNTY OF SAN BERNARDINO, of the State of California, hereinafter called COUNTY, and the CITY OF REDLANDS, a CITY within said COUNTY, hereinafter called CITY, mutually agree as follows: 1. GENERAL The Housing and Community Development Act of 1974, as amended (Public Law 93-383, hereinafter called ACT) provides that Block Grant funds may be used for essential community development and housing assistance activities. COUNTY and CITY mutually desire to qualify COUNTY as an "Urban County" under the ACT; therefore, COUNTY and CITY hereby agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. This Agreement gives COUNTY authority to carry out activities which will be funded from annual Community Development Block Grants (hereinafter called CDBG) from Fiscal Years 1988, 1989, and 1990 appropriations and from any program income generated from the expenditures of such funds. 2. TERMS The term of this Agreement shall be for not less than the period commencing on the effective date specified below and extending through the third program year covered by COUNTY'S Three Year 1988-91 participation in the CDBG program, unless an earlier date of termination is fixed by the Department of Housing and Urban Development (hereinafter called HUD) pursuant to the ACT. This Agreement may not be terminated by the parties herein covenanted for any circumstance or reason during the three year term of this Agreement. 3. PREPARATION OF APPLICATION COUNTY, by and through its Department of Economic Community Development, subject to approval of COUNTY'S Board of Supervisors , shall be responsible for preparing and submitting to HUD all necessary applications for the basic grant under the ACT. This duty shall include the preparation of Community Development Plans and Programs and a Housing Assistance Plan (HAP) which satisfy the application requirements of the ACT and its Regulations. 1 4. COMPLIANCE WITH FINAL PROGRAMS AND PLANS Both COUNTY and CITY shall comply in all respects with final Community Development Plans and Programs and the Housing Assistance Plan which are developed through mutual cooperation pursuant to the application requirements of the ACT and its Regulations and approved by HUD. 5. COMPLIANCE WITH ACT AND REGULATIONS Both COUNTY and CITY will comply with all applicable requirements of the ACT and its Regulations in utilizing basic grant funds under the ACT, and shall take all actions necessary to assure compliance with the County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended. Both COUNTY and CITY will comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. 6. DISPOSITION OF FUNDS Consistent with Federal Regulations and Section 4 and 5 of this Agreement, it is the intent and understood by the parties to this Agreement that, to the extent possible, funds will be allocated by COUNTY to CITY according to its proportional demographics and utilized to fund activities and/or projects prioritized by CITY to alleviate its identified needs. COUNTY, by its Board of Supervisors, shall be responsible for determining the final disposition and distribution of all funds received by COUNTY under the ACT, and for selecting the projects for which such funds shall be used. COUNTY is also responsible for filing the Annual Final Statements. 7. DISPOSITION OF PROGRAM INCOME CITY shall inform COUNTY regarding any income generated by the expenditure of CDBG funds received by CITY. All said income shall promptly be paid to COUNTY or retained by CITY subject to authorization by COUNTY for CITY use of said income for eligible activities in accordance with all CDBG requirements as may then apply. COUNTY shall be responsible for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate recordkeeping and reporting by CITY as may be needed for this purpose. In the event of CDBG close-out or change in status of CITY under the CDBG program, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to COUNTY. Any income generated from the disposition or transfer of real property prior to any such close out or change of status or termination of this Agreement shall be treated the same as program income. Any income generated from the disposition or transfer of real property subsequent to any such close-out or change of status or termination shall promptly be paid to COUNTY. 8. DISPOSITION OF REAL PROPERTY The provisions of this section set forth the standards which shall apply to real property acquired or improved in whole or in part using CDBG funds that are within the control of CITY. Prior to any modification or change in the use of said real property from the use or ownership planned at the time of its acquisition or improvement, CITY shall notify COUNTY and obtain authorization for said modification or change. CITY shall cause COUNTY to be reimbursed in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under CDBG regulations. 9. EFFECTIVE DATE This Agreement shall be effective for all purposes when this Agreement and like agreements have been executed by COUNTY and CITY and properly submitted to HUD, the grantor, by the designated deadline. 10. OTHER AGREEMENTS COUNTY and CITY shall enter into such further agreement or agreements as may be necessary to carry out the purposes of this agreement and of the ACT. This Agreement revises and supersedes any prior Cooperation Agreement between COUNTY and CITY. 3 COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: 2By: rs � 1S{I 11 Title: Mayr Attest it Clerk APPROVED AS TO FORM. THE TERMS AND PROVISIONS OF THIS AGREEMENT ARE FULLY APPROVED AS TO FORM AUTHORIZED UNDER STATE AND LOCAL LAW AND THIS AGREEMENT PROVIDES FULL LEGAL AUTHORITY FOR COUNTY TO UNDERTAKE OR By: l us ASSIST IN UNDERTAKING ESSENTIAL Ci torne COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY Dated: 2-L *I*" URBAN RENEWAL AND PUBLICLY ASSISTED HOUSING. Alan K. Marks, COUNTY COUNSEL By: RECOMMENDED AS TO CONTENT Deputy County ounse Dated: / By: tcl� Cly Manager Dated: �- RECOMME ED,_AS TO CONTENT t By: C uy mi s cer t Dated: N 0 2 1987T SIGNED AND CERTIFIED THIP T A CSPY OF THIS C(i+(I I�II`;"7N'T HAS�(�SEEN g-LI EPED TO THE trttAlll l'ii3i#Y ji 113G �'i.tb'e'#£7. N -rift+ Mi SCUDDER PLN1/CO-OP AG Clerk cf t ie Blaid of Supti issrs 7/18/64/bj By 9/25/67/bj j u0puty 4 Mit*UTES OF THE BOARD OF SUPERVISORS ECD-Genl; OF SAN BERNARDINO COUNTY, CALIFORNIA Inc. Cities-as listed; NOVEMBER 2, 1987 Agreements-as listed FROM: THOMAS R. LAURIN, Director Department of Economic and Community Development SUBJECT: COOPERATION AGREEMENTS AND JOINT RESOLUTIONS FOR METROPOLITAN CITY/URBAN COUNTY JOINT RECIPIENT STATUS FOR JOINT PARTICIPATION IN THE CDBG PROGRAM FOR PROGRAM YEARS 1988 THROUGH 1991 RECOMMENDATION: (1 ) Approve the 1988-91 Cooperation Agreements between the County and the Cities of: AGREEMENT NO. ADELANTO 87-962 3 BARSTOW 87-963 BIG BEAR LAKE 87-964 COLTON 87-965 GRAND TERRACE 87-966 LOMA LINDA 87-967 t. MONTCLAIR 87-968 REDLANDS 87-969 RIALTO 87-970 L 41 VICTORVILLE 87-971 (2) Adopt Joint Resolution No. 87-399 , with the City of Redlands and Joint Resolution No. 87- X00 . with the City of Rialto, both of which authorize a request to the Department of Housing and Urban Development (HUD) for Metropolitan City/Urban County Joint Recipient Status. BACKGROUND INFORMATION: At this time, the Economic and Community Development Department is assembling the documents required by HUD to qualify San Bernardino County for the next three years of Urban County Entitlement Status under the Community Development Block Grant (CDBG) program. San Bernardino County has participated in the CDBG program as an entitled Urban County since 1975. Under this program the County qualifies as an Urban County and CDBG grantee based upon its demographics. Each incorporated city with a total population less than 50,000 may include their demographics with the County's for a three-year cooperative relationship in the program or opt to seek CDBG funds under the State Small Cities Pro-rani. The cities of Rcdlands znd Rialto now have populations in excess of 50,000. This allows them to seek their own entitlement funding from HUD, however, they have chosen to continue in the County's CDBG program, under Joint Recipient status, by combining their entitlements with that of the County. The joint resolutions provide ECD-Dave Larsen w/agreenmt Action of the Board of Supervisors cc: City w AGREEIENTS NOS. 87-962 THROUGH 87-971 jazmmmt !S Res- c/o EM I APPROVEDBOARD OF SUPERVISORS U. Dept. to t ) Dept—. of Housing and COUNTY OF SAN BERNARDINO UrDevepnm (HUD c/o ECD M( Tl 0 N_�Ye_ Sec AY—e —Aye kbt LOM-L Auditor w/agreernent CAO-Hansen 1 2 3 4 EPWA MART �. §CUDDER, C RK OF TFI ARD File w/agreement B. !�77 14-9507-000 DATED: NQVAQI� 1987 Aev.10/81 LU.L ITEM 12a Page 2 of 2 COOPERATION AGREEMENTS AND JOINT RESOLUTIONS FOR METROPOLITAN CITY/URBAN COUNTY JOINT RECIPIENT STATUS FOR JOINT PARTICIPATION IN THE CDBG PROGRAM FOR PROGRA14 YEARS 1988 THROUGH 1991 November 2, 1987 a means of requesting HUD's approval . The cities listed above have chosen by their execution of Cooperation Agreements, to cooperate with the County during the next three years of the CDBG program. For each city listed above, there are Cooperation Agreements signed by their respective city officials. They establish terms and provisions for cooperation between the County and the Cities for purposes of meeting HUD qualification requirements for participation in the 1988 through 1991 Three-Year Community Development Block Grant Program. The agreements stipulate the County's authority to carry out Community Development Block Grant activities and the County's responsibility for determining the final disposition and distribution of all CDBG funds and program income. The County and Cities would agree to enter into further agreements as necessary. The City of Needles has chosen to enter the State Small Cities Program. The cities of Chino, Fontana and Upland have chosen to establish their own CDBG entitlement programs rather than continue with the County under Joint Recipient status. The cities of Ontario, Rancho Cucamonga and San Bernardino will continue their own Entitlement City CDBG programs. REASONS FOR RECOMMENDATION: These Cooperation Agreements establish the legal basis on which the County will qualify for its next three years of CDBG entitlements. Execution of Cooperation Agreements is a mandatory step in the Urban County Certification Process. Under these agreements, the County retains its current level of authority and responsibility for administering the CDBG Program, both within and outside of the Cooperating Cities. The scheduled deadline for submission of all documentation to HUD regarding the County's Urban County status, including Cooperation Agreements, is November 9, 1987. REVIEW BY OTHER DEPARTMENTS: Board of Supervisors; County Administrative Officer; and County Counsel (Paul St.John). FINANCIAL DATA: Approval and execution of these agreements is required for the County to receive an estimated twenty million dollars of Community Development Block Grant funds over the next three years. This will not affect the County General Fund. PRESENTER: Thomas R. Laurin NOVEMBER 2, 1987 ITEM 12a COUNTY OF SAN BERNARDINO AND CITY OF REDLANDS COUNTY RESOLUTION O. 87-399 CITY RESOLUTION NO. 4309 A JOINT RESOLUTION AUTHORIZING A REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR METROPOLITAN CITY/URBAN COUNTY JOINT RECIPIENT STATUS WHEREAS, any Urban County and any Metropolitan City located, in whole or in part, within that County can request HUD to approve inclusion of the Metropolitan City as a part of the Urban County for purposes of planning and implementing a joint Community Development and Housing Assistance Program; and WHEREAS, HUD will consider approving such a joint request only if submitted at the time the County is seeking its three-year qualification as an Urban County; and WHEREAS, an approved joint request must remain effective for the period for which the County qualifies as an Urban County; NOW, THEREFORE, BE IT RESOLVED THAT: I. The County of San Bernardino, an Urban County, and the City of Redlands, a Metropolitan City, join in a request to HUD for inclusion of this Metropolitan City as part of this Urban County for the purposes of planning and implementing a joint Community Development and Housing Assistance Program. II. This Joint Request will remain effective for Fiscal Years 1988-89, 1989-90, and 1990-91 . III. This Joint Request shall accompany a duly executed cooperation agreement in a submission by the County of its Urban County qualification documentation to HUD. PASSED AND ADOPTED this 2nd day of November 1987, by the following vote: AYES: SUPERVISORS: Ilikels, Riordan, Tialker, Hammock, Joyner NOES: SUPERVISORS: None ABSENT: SUPERVISORS: None 11/02/87 mll #12a COUNTY OF SAN BERNARDINO RESOLUTION NO, 87;,399 CITY OF REDLANDS RESOLUTION NO. A JOINT RESOLUTION AUTHORIZING REQUEST THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR METROPOLITAN CITY/URBAN COUNTY JOINT RECIPIENT STATUS Page 2 of 3 STATE OF CALIFORNIA } } ss COUNTY OF SAN BERNARDINO) I , MARTHA M. SCUDDER, Clerk of the Burd of Supervisors of the County of San Bernardino, State of California, hereby certify the foregoing to be a full , true and correct copy of the record of the action taken by said Board of Supervisors, by vote of the members present, `as h same appears in the Official Minutes of said Board at its meeting of OV 1987 . MARTHA M. SCUDDER Clerk of the Board By: / Dexiuty„7- - n 11102/87 m11 #12a COUNTY OF SAN BERNARDINO RE30LUTION NO. 87-399 CITY OF REDLANDS RESOLUTION NO. 4309 A JOINT RESOLUTION AUTHORIZING A REQUEST TO THE UNITED STATES DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR METROPOLITAN CITY / URBAN COUNTY JOINT RECIPIENT STATUS Page 3 of 3 APPROVED AND ADOPTED this 20th day of October 1987. Mayor of the City of Redlands ATTEST : L-C'i-ty'Clerk 'T 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the fore- going Resolution was adopted by the City Council at a regular meeting thereof held on the 20th day of October 1 1987, by the following vote: AYES: Councilmembers, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES : None ABSENT : Councilmember Larsen ty Trk 11/02/87 mll 1,112a 1988-91 COOPERATION AGREEMENT CITY CONTACTS ADELANTO LOMA LINDA Ms. Pat Chamberlaine, City Manager Mr. Robert R. Mitchell , City Manager City of Adelanto City of Loma Linda 11740 Bartlett Avenue 11128 Anderson Street Adelanto, California 92301 P.O. Box 965 (619) 246-8606 Loma Linda, CA 92354-2883 (C. Glenn Wilson, Comm. Svcs. Director) BIG BEAR LAKE (714) 796-2531 Mr. Robert Van Nort, City Manager MONTCLAIR City of Big Bear Lake P.O. Box 2800 Mr. Robert Clark, Director 467 Knickerbocker Community Development Big Bear Lake, California 92315 City of Montclair (714) 866-5831 5111 Benito Street (Janice Propata, Interim P.O. Box 2308 Planning Director) (714) 866-8864 Montclair, California 91763 (714) 626-8571 BARSTOW REDLANDS Mr. Thomas M. Bell Director of Community Development Mr. Jeffrey Shaw, City of Barstow Community Development Director 220 East Mountain View City of Redlands Barstow, CA 92311 P.O. Box 280 (619) 256-3531 Redlands, California 92373 (Darrell Cozen, Assistant Community COLTON Development Administrator) (714) 798-7555 Mr. Jaime R. Aguilera (Dan Rodriguez, Comm. Svcs. Director) Director of Planning, Building and (714) 798-7528 Community Development City of Colton RIALTO 650 North La Cadena Drive Colton, CA 92324 Mr. Mike Story, Associate Planner (714) 370-5082 City of Rialto 150 South Palm Avenue GRAND TERRACE Rialto, California 92376 (714) 820-2535 Mr. Randy Anstine, Director Community Services Department VICTORVILLE City of Grand Terrace 22795 Barton Road Mr. Scott Duncan, Assistant City Manager Grand Terrace, CA 92324 City of Victorville (714) 824-6621 14343 Civic Drive Victorville, California 92392 (619) 245-3411 PLN23/COOP CONTACTS 10/23/87/bjj FOR COUNTY USE ONLY County Department Contract Number ECONOMIC AND COMMUNITY DEVELOPMENT 87-969 County Department Contract Representative... Contracto•'s license Number ( }_ COUNTY OF SAN BERNARDIN© Thomas R. Laurin Ph. Ext, 4594 CONTRACT TRANSMITTAL Budget Unit No. Sub-object No. Fund No. .rob No. Amount of Contract 020 2230 155 1 n/a I n/a If contract has more than one payment or receipt, Project Name: complete the following' 1988-1991 City-County Payments Estimate: n/a Cooperation Agreements Approximate Amount Each n/a Contractor: Cooperation Cities CITY OF REDLANDS Birth Date N/A Federal IQ No. or Social Security No. N/A Contractor's Representative: SEE ATTACHED LIST Address: SAME Phone: SAME Nature of Contract: (Briefly describe the general terms of the contract.) The County of San Bernardino is in the process of qualifying for three years (Fiscal years 1988-89, 1989-90, and 1990-91 ) of Community Development Block Grant (CDBG) Entitlement funding as an Urban County. The attached Cooperation Agreements are required by the U.S. Department of Housing and Urban Development (HUD) in order to establish the participants in the County's CDBG program and their corresponding population statisitics to be used by HUD to calculate the County's Grant amount over each of the next three years. The Cooperation Agreements for each City utilize the same language which has been prescribed by HUD. (Attach this transmittal to all contracts not prepared on the `Standard Contract"form.} Approved as to legal Form Reviewed as to Affirmative .fiction Reviewed for Processing r r. . County Counsel l� Agency Administrator/CAO Date V f✓L . / 9 { / �it gate Date