HomeMy WebLinkAboutContracts & Agreements_30-1978 COMMUNITY DEVELOPMENT BLOCK GRANT
1 CITY-COUNTY AGREEMENT
For Fiscal Year 1978-79
1
lj This agreement is made and entered into this 20th day of
2 June, 1978 , by and between the the COUNTY OF SAN BERNARD-
INO hereinafter referred to as "COUNTY" , and the CITY OF REDLANDS
3 a municipal corporation and a political subdivision of the State
41, of California and located within the boundaries of San Bernardino
511County, hereinafter referred to as "CITY" .
6
WITNESSETH
711
81 WHEREAS , the COUNTY has been designated an "urban County" by
9rthe United States Department of Housing and Urban Development,
( (hereinafter referred to as "HUD" ) , as that term is defined in
10Title I of the Housing and Community Development. Act of 1974 , and
11Eaccordingly, COUNTY has developed a community development plan
and program which is set forth in COUNTY' s application for
12 E
federal assistance under the Housing and Community Development
13 Act of 1974 , and,
14
WHEREAS , the COUNTY desires to use the area and the popul--
15
{ ation in the CITY in the base which Federal Department of Housing
16 and Urban Development uses to determine the level of funding to
17 � COUNTY' s housing and community development program; and,
181 WHEREAS , the CITY though eligible to apply for discretionary
191 and/or hold harmless grants from the United States Department of
20 / Housing and Urban Development, elects not to apply for community
! development grant funds during the term of this agreement, or any
21
extension thereof, pursuant to the provisions of Section 570 .402
22 of Regulations; and,
23
WHEREAS , the CITY is willing and desires that its incorp--
24
orated area and population be included in the base used by HUD to
2511determine funding levels to the COUNTY for the execution of
26E COUNTY' s Community Development Program, and accordingly, to
; cooperate with COUNTY in the execution of COUNTY' s community
271,1
development plan and program within corporate boundaries of CITY
2g1 during the term of this agreement or any extension thereof,
29 commencing upon the approval of COUNTY' s fiscal year 1978 grant
' application; and,
30 !
311
WHEREAS , both COUNTY and CITY seek to coordinate their
2 ' efforts to maximize utilization of personnel and resources and
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1
1i€increase efficiency and economies in the planning and administra-
2 tion of the program hereinafter set forth,
3
NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED by and between
4 the parties hereto as follows-
5
6 1 . This agreement is made pursuant to the provisions of
Article 1, Chapter 5 , Division 7 , Title I of the Government Code
7 of the State of California (commencing with Section 6500 ) ,
8lrelating to public agencies. The purpose of this agreement is to
9 undertake those essential community development and housing
assistance activities under the Act which have been approved by
10 HUD, for the CITY of REDLANDS specifically the project or projects
11 described in Attachement "A" hereto. The purpose will be ac-
12 ,complished in accordance with the requirements of the Act, its
Regulations and other Federal , State and County laws and policies
13
in the manner hereinafter set forth.
14
15 This agreement is further entered into pursuant to the
provision of Section 8 of the "Cooperation Agreement for Com-
15
imunity Development Basic Grant Funds, " executed by these parties,
17 dated December 13, , 197 7 , and is supplementary to said
--
18 'Cooperation Agreement, which remains in full force and effect
19
2 . The term of this agreement shall become effective on
201the date mentioned above and shall continue in full force and
1
21leffect during the program year (July 1 , 1978 through June 30 ,
1979 ) covered by COUNTY' s fiscal year 1978-79 Community Develop-
22
ment Block Grant (hereinafter CDBG) Application and until con-
23 , clusion of the program or programs Included in the COUNTY' s
24 fiscal year 1978-79 CDBG Application consistent with the Federal
law and Regulations and the terms and conditions of any grant
25 '
I1made in reliance hereon. CITY hereby allocates the population of
261111ts jurisdiction to the COUNTY for the purposes of its 1978-79
27IApplication and/or for the duration of the contract for the
2811purpose of applying for funds under the Housing and Community
1Development Act of 1974 , and COUNTY and CITY recognize that
29 COUNTY is the applicant and has full responsibility under the
30 !ACT
31
32
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11 3 . CITY hereby adopts and agrees to comply with the
2 COUNTY' s Community Development Plan and Citzen Participation Plan
for 1978-79 . The COUNTY, as the grantee, and the cooperating
3
cities agree herein to share as equal partners, the responsibility
4 to comply with and/or to implement the assurances segment (Attach-
5 ment "C" ) of the Community Development Block Grant Application
including the administration and implementation of the Housing
6
Assistance Plan, Housing Opportunities Plan and all associated
7 housing activities The CITY shall also adopt an appropriate
g resolution, consistent with Section 34209 , California Health and
Safety Code to allow without reservation, restitution, etc. , the
9
Section 8 program of Title II of the Housing and Community Develop--
10 vent Act of 1974 , to operate within the CITY.
11
12 4 . The Office of Community Development (OCD) as the
COUNTY entity which has the responsibility for administering the
13 COUNTY' s Federal Community Development Block Grant contract,
14 which is the source of funding for the projects listed in At-
15tachment "A" , is responsible for assuring that projects under-
taken by CITY under this agreement comply with all Federal
16 Regulations including, but not limited to, regulations pertaining
17 to site selection, land acquisition, relocation, contracting
18 procedures, etc. Therefore, approval by OCD of all contracts
entered into for the purpose of implementing this agreement is a
19 condition precedent to payment under this agreement. The CITY
20ragrees to submit all contracts to be entered into for the purpose
21 of implementing this agreement to OCD for approval in advance of
contracting unless the CITY obtains from OCD a written waiver of
22 the conditions of approval as to each contract.
231
24 5 The total CITY project(s ) budget shall be received by
COUNTY under this Act and shall be deposited in a specified fund
251in the COUNTY' s Treasury with an appropriate separate account
261provided for each CITY by Project Case Number. OCD will disburse
27 ' the funds to CITY on cost reimbursement or on a prior agreed to
advance payment procedure. Billing shall be accompanied by all
28jpertinent source documentation to be presented to OCD by CITY on
29 or about the first day of each month, allowing 15 days for
301payment on the part of the Office of Community Development The
COUNTY shall be entitled to retain from such funds such amount as
31
is calculated as the direct costs (including, but not limited to,
32 salaries, benefits, mileage, actual cost of materials, meals
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1land other authorized expenses allowable under the Travel Code
21Section 13 . 0638 County of San Bernardino) incurred by COUNTY in
! implementing within the CITY' s jurisdiction, any projects des-
3 cribed in Attachment "A" .
4 6 COUNTY and CITY recognize that COUNTY, as the formal
511grantee of the CDBG, has full responsibility and obligations to
THUD for undertaking the CDBG Program and full authority in
6 administering and allocating funds and that CITY will have no
7 direct responsibilities or obligations to HUD under this agree-
!
8ment. The County shall assume the total responsibility for the
removal of any Grant conditions imposed by the Grantor. In
9 particular, projects conditioned pending satisfactory completion
10 of the National Environmental Policy Act (NEPA) procedures are
11 the responsibility of the County until formal notification by the
Grantor of the removal of conditions.
12
13 , The City shall, however, be bound to implement any specific
•
14 mitigation measures utilized to achieve the removal of conditions
! and full compliance with NEPA regulations.
15
16 In no instance will the City incur costs to be charged to
17 any project prior to notification by the COUNTY of formal removal
' of conditions (release of funds)
18
191 The City shall assume the total responsibility for full
20 compliance with the requirements of the California Environmental
Quality Act.
21
22 As concerns rights and responsibilities of COUNTY and CITY
23 as to each other under this agreement, however, CITY shall have
the right to elect to be responsible for carrying out all projects
24
required by the Program or programs under this agreement.
25 However, in implementing said projects, CITY must perform all
26 services and activities in accordance with Federal and State
statutory requirements and with the policy and procedures est-
27
€jablished by the Board of Supervisors and shall specifically
28 ' conform to the following terms and conditions-
'
29 !
A Upon COUNTY and CITY' s mutual assent to this contract,
30
CITY will designate a "Contract Administrator" by
311 filling in the name of said person in the space pro-
3211 vided below. The "Contractor Administrator" will
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11 function as the primary contact with the COUNTY and
will be responsible for informing the CITY staff and
2
administration as appropriate. The CITY may by written
3E notification, change the Contract Administrator.
4
5 ' The CITY' s Contract Administrator for this agreement is
I
Bill Schindler , TITLE: Community
6 Development Director.
7
8 ; B. For purposes of this Agreement, City shall also design-
ate a fiscal contact person by filling in the space
9E provided below. The fiscal contact person shall be
10 responsible for billing, and fiscal procedures for the
11 CDBG Program and will serve as the primary contact for
technical fiscal matters. CITY shall maintain complete
12 ! separate fiscal accounts as to funds which come under
13 its control or deposition pursuant to this agreement in
14 such manner as to permit the reports required by
COUNTY to be prepared therefrom and to permit the
15 tracing of funds to their final expenditure. CITY will
15 submit to OCD complete and detailed budgets and ex-
17 penses for each project that CITY will be implementing
with CDBG funds along with monthly reports of grant
18
expenditures The City may by written notification
19 change the fiscal contact person
20
The CITY' s Fiscal Contact person for this agreement is
21
H . L. Archbold , TITLE: Finance Director
22
23
C. The CITY may, with the written concurrance of the
24
COUNTY, modify the funding levels of the approved
25 projects described in Attachment "A" , including the
261 total removal of a project.
27
Project changes which are defined as substantial , so
281 determined by the Director of the Office of Community
29 Development, after consultation with the City, are
subject to the specific requirements of the Citizen
30
Participation Plan and the current Block Grant re-
311 gulations.
32
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1 I New activities are defined automatically as "substan-
211 tial" and require at submission a Project Description,
a Justification Statement and a revised budget.
3
4 It is understood and agreed to herein that reprogrammed
5 funds are subject to consideration based on the specifics
of the Community Development Plan Summary and there is
6
no assurance that the reprogrammed funds will be al--
7 ` located to the cooperating CITY or the unincorporated
81 target area from which the project change or cancel-
9 lation generated the funds.
10 The CITY shall not incur costs for unapproved projects,
11 or incur costs in excess of the approved project
funding level, prior to receipt of written confirmation
12 i
authorizing the expenditure.
13
14 D. The CITY is authorized by the COUNTY to contract for
all necessary services for completion of projects
15
described in Attachment "A" , provided that contracts
161 are submitted to and approved by the COUNTY Office of
17 Community Development in advance of contracting, or a
written waiver of this condition is obtained as spec-
18
ified in Paragraph 4 The CITY attorney is responsible
19 for assuring and certifying the projects undertaken by
201 those whom it has contracted for the performance of
work in connection with any of the projects listed in
21
Attachment "A" comply with the following regulations
22 1. Community Development Block Grant regulations,
23 dated June 9, 1975, and as amended.
2 . Federal Management Circulars 74-4 and 74-7 .
24
3 . Hatch Act.
25 4 . Davis-Bacon Act.
2611 5 . Architectural Barriers Act of 1968 .
6 . Uniform Relocation Assistance and Real Property
27 P
Acquisition Policies Act of 1970 .
28 7 National Flood Insurance Program.
29 ! 8 . Clean Air Act.
30
9. Federal Water Pollution Control Act.
10 National Environmental Policy Act.
31 1 11. Archeological and Historic Preservation Act of
32 1 1974 .
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1 12 . Civil Rights Act.
2 13 . Implementation Policy for CDBG-funded facilities,
adopted by the Board of Supervisors on May 3 ,
3 1976 .
4 14 . Procedures for construction contracts
51 15 Labor Standard Administration and Enforcement HUD
Handbook 6500 .3 .
6 16 . Section 3 regulations of the Housing and Urban
7 Development Act of 1968 (Title 24, CPR 135) .
8 ,
In the event that CITY' s City Attorney is unable to
9 review said contract(s) for compliance with the afore-
10 mentioned regulations, the CITY may allow County
11 Counsel to review such contract(s) for compliance with
said federal regulations and said contract( s) shall be
12 deemed valid and binding as to the parties to the
13 contract( s) upon certification of approval by County
141 Counsel .
15
E. If the CITY' s 1978-79 Project List involves the imple-
16 mentation of such capital improvements as a proposed
17E neighborhood facility, senior center, fire station,
etc , the CITY shall adhere to the Implementation
18
Policy for CDBG funded facilities adopted by the COUNTY
19 Board of Supervisors on May 3 , 1976
20
F. The CITY may also enter into procurement contracts for
21
professional Services (Consultant Contracts) where
22 necessary to complement the efficient and economic
23 administration of the program, provided that contracts
24 are submitted to and approved by OCD in advance of
I contracting or written waiver of this condition is
25i obtained, as specified in Paragraph 4 . The required
26 procurement procedures are defined in Federal Manage-
ment Circulars 74-4 and 74-7 Appendix 0, distributed to
271
CITY at the July 14 , 1976 COUNTY-CITIES Meeting (Hand-
28 , book for CDBG Construction Contracts) . Upon OCD/CITY
29 ` Attorney' s approval, the jurisdiction can proceed to
30 negotiate to achieve final agreement, and execute a
contract
31
32 ' G. The CITY may also enter into construction contracts for
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11I the design and/or construction of CDBG funded facilities,
2 provided that contracts are submitted to and approved
by OCD in advance of contracting, or written waiver of
3 this condition is obtained, as specified in Paragraph
4 � 4 . The CITY agrees to comply with procedures for
5I construction contracts as set forth in the Handbook for
CDBG Construction Contracts. Procedures for the CITY
6 to follow in construction contracts are covered in the
7 Handbook for CDBG Construction Contracts referenced
8 above.
9 1 . CITY shall be responsible for all aspects of the
10 program or programs including, but not limited to,
11 keeping and maintaining strict accountability of
the total project funds received and expended
121 pursuant to this agreement whether general CDBG
13 funds or other funds.
14
2 The CITY will file with the COUNTY a copy of its
15E current Affirmative Action Plan as Attachment "B"
16 to the executed copy of this contract.
17
3 . The CITY and the COUNTY will maintain the con-
18
fidentiality of the identity of individual citizen
191 applicants and recipients of the Senior Home
2011 Repair Program and the Rehabilitation Home Loan
Program
21
22 4 . The CITY shall comply with the requirements of and
23 participate in the implementation of the Citizen
Participation Plan. The CITY may exercise an
24
option to assume the responsibility for the
25 administration of the Citizen Participation
26 , Program through the Council recommendation phase
27I The CITY may elect to delegate all or part of the
plan administration to COUNTY personnel . The
28 COUNTY shall be responsible to monitor and to
29 document compliance with the adopted Citizen
Participation Plan and the Community Development
30 ,
Block Grant regulations.
31 1
32 5 . The COUNTY shall provide technical assistance in
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1 ;1 a timely and expeditious manner upon written
request to the Director of the Office of Community
2
Development. The Director may, after consultation
3 with the CITY, determine whether or not to forward
4 ' a specific request to the office of the Grantor,
51 HUD Los Angeles.
I
6
I I . During the performance of this Contract, the CITY
7 agrees not to discriminate against any contractor or
8 applicant for employment in performing work on the
projects listed in Attachment "A" , because of race,
9
color, religion, sex or national origin. The CITY
10 further agrees to take Affirmative Action to ensure
11 that its Contractors employ and treat all employees
during employment without regard to their race, color,
12 I
religion, sex or national origin Such action shall
131 include, but not be limited to,- the following. employ--
14 ment, upgrading, demotion or transfer, recruitment or
recruitment advertising, lay off or termination, etc
15
The CITY will cause contractor to comply with the
161 provisions of Executive Order 11246 of September 24 ,
17 '1 1965, and the rules, regulations, and relevant orders
of the Secretary of Labor. CITY shall require its
18
Contractor to post in conspicuous places, available to
1911 employees and applicants for employment, notices
2041 setting forth the provisions of this nondiscrimination
clause.
21
22 J The signatories of this agreement or their designees
23 also agree to comply with Section 3 of the Housing and
Urban Development Act of 1968 , as it pertains to
24
employment opportunities for businesses and lower
251 income persons in connection with HUD-assisted pro-
s
261 jects.
1
271
K. Pursuant to Federal Management Circular 74-7 Appendix
28 0, no member, officer, or employee of the COUNTY or
29I CITY, its designees or agents, no member of the govern--
301 ing body of the COUNTY and no other public official who
exercises any functions or responsibilities with respect
31 'I to the program during his tenure or for one year there-
32 ;I after, shall have any interest, direct or indirect, in
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1�; any contract or subcontract, or the proceeds thereof,
2 for work to be performed in connection with the program
assisted under this agreement.
3
4 L. In addition, CITY shall indemnify and hold harmless
5! COUNTY against any liability claims, losses, demands,
and actions incurred by COUNTY as*a result of deter--
6 mination by the United States Department of Housing and
71 Urban Development that activities undertaken by CITY
5! under the program or programs failed to comply with any
19 laws, regulations or policies applicable thereto or
91
that any funds forwarded to CITY under this agreement
1J were improperly expended.
11
12 M. The COUNTY, OCD, the Department of Housing and Urban
Development, the Comptroller General of the United
133 States or any of their duly authorized representatives
141 shall have access to any books, documents papers and
records of the CITY or its contractors which are
15
directly pertinent to a specific grant program for the
16j purpose of making an audit and/or examination of the
171; excerpts and transcriptions.
18 I'
i N. COUNTY shall assume no liability for the negligence of
19 CITY or of any officer or employee thereof, and CITY
2A shall hold COUNTY free and harmless from any loss,
21
damage or liability that may arise out -of the per-
formance or failure to carry out said project of this
22 agreement. Furthermore, in the event that HUD rules
23 that -the payment of any sums provided hereunder by
24 COUNTY to CITY are not proper expenditures of Community
Development funds, COUNTY shall have the right to
251 retain such amounts from CITY's future project(s)
26' allocations.
i
27
0. The COUNTY shall retain the right to withhold funds for
2$1 any program or programs carried out by the CITY or the
29E CITY's subcontractor if advance written notice to the
30 CITY indicating that the COUNTY has determined in its
sole discretion (which shall not, however, be unreason-•
31!E ably applied) that the CITY has not performed its
32 obligations as stated in this agreement in a satisfactor
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1fj or timely manner consistent with Federal Regulations or
2Ipolicy. COUNTY shall notify CITY in writing of this
determination, specifying the objection(s) to the
3 CITY's performance. The CITY shall then have a maximum
4� of 10 days in which to remedy said deficiencies.
5
Ik Should approval of the COUNTY not be obtained within
said period, the COUNTY shall have full authority to
6, reallocate the CITY's program funding to other eligible
7�' activities which can be implemented or to assume sole
81 responsibility for carrying out any and/or all projects
E described in Attachment "A", upon written notice to the
9'
! CITY. Upon such notice, the CITY agrees to cease all
10 activity provided hereunder, as specified in said
11E notice.
12 ,
P. Should the City determine that the identification of
13 the funding source or the responsible public officials
141 be displayed in a completed building or significant
15[1 project, such identification should be acknowledged on
a plaque, permanently mounted in an appropriate loca-
16 tion,, made of bronze or other appropriate material,
17, acknowledging the funding source as the Department of
1 Housing and Urban Development San Bernardino County
18 1
1 Community Development Block Grant. The current Board
19' of Supervisors and the members of -the City Council
20 shall also be identified. In instances where multiple
21
funding sources are utilized to construct a project,
,€
j all funding sources shall be identified.
22
231 The listing order of multiple funding sources identified
24 on the plaque shall be the largest dollar grant first,
the second largest dollar grant second, etc.
25
261 Q. The COUNTY shall indemnify, hold harmless and defend
27 the CITY, its officers, agents and employees against
all liability, claims, losses, demands and actions for
28� injury to or death of persons or damage to property
29� arising out or in consequence of this agreement, pro-
301 vided such liability, claims, demands, losses or actions
are claimed to be due to the acts or omissions of the
311 COUNTY, its officers, agents or employees in the per-
32{ formance of this agreement, including any activities
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conducted by the COUNTY under the terms covered by this
agreement.
21
3 R. The CITY shall indemnify, hold harmless and defend
41 COUNTY, its officers, agents and employees against all
5 liability, claims, losses, demands and actions for
injury to or death of persons or damage to property
6 arising out or in consequence of this agreement,
71, provided such liability, claims, demands, losses or
gJ actions are claimed to be due to the acts or omissions
of the CITY, its officers, agents or employees in the
gj performance of this agreement, including any activities
10 conducted by the CITY under the terms covered by this
11 agreement
12 IN WITNESS WHEREOF, the parties have caused this Agreement
13 to be executed as of the day and year first written above.
14,1
"COUNTY" "CITY"
15
E
16 COUNTY OF SAN BERNARDINO CITY 0 IDLANDS
17 _ /
BY. BY. �� ..-:C���
18 CHAIRMAN, BOARD OF SUPERVISORS TITLE.
19 '
20
APPROVED AS TO FORM APPROVED AS TO FORM
21
221 OFFIC _ OF COUNTY COUNSEL OFFICE OF CITY ATTORNEY
23i 41PPIF
,�
24 , DATED DATED. -1111,
25
261RECOMMENDED AS TO CONTENT COM DED AS TO CONTENT
27 7
28 County Adminis r e Officer ally Manager
29 DATED. DATED• 40 6 /7
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301
' KAR/6-6-78
31 ,
321
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ATTACHMENT A
1978-79 CDBG PROJECTS AND -FUNDING LEVELS
City of Redlands
Project
Funding Amount
Street Lighting $ 10,000
*Sylvan Plunge Improvements 115,000
Texonia Park - Basketball Lighting 5,000
Texonia Park -- Concrete Slabs 4,150
*Historic Preservation 112,460
Contingency 42,939
Total:$ 289,549
*NOTE: Projects are conditioned pending verification of maximum
feasible benefit to low and moderate income persons.