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HomeMy WebLinkAboutContracts & Agreements_20-1990_CCv0001.pdf ,of RE r C;11 o Q�e�laKc�s �ALiF4'tM�� I , Lorrie Poyzer , City Clerk of the City of Redlands, California, do hereby certify that the following is a true and correct excerpt from the corrected minutes of the City Council meeting held July 17 , 1990 : "On motion of Councilmember Beswick , seconded by Councilmember Larson, Council unanimously approved Resolution No. 4687 , a joint resolution with the County of San Bernardino authorizing a request to the United States Department of Housing and Urban Development (HUD) for metropolitan city/urban county joint recipient status, and approve the Cooperation Agreement for Community Development Block Grant Funds for fiscal years 1991-92, 1992-93 , 1993-94, which qualifies the City to participate in the County's Entitlement Program for another three-year period. " WITNESS my hand and official seal of the City of Redlands this 1st day of August, 1990 . s/ Lorrie Poyzer City Clerk City of Redlands, California P.O. BOX 3005 REDLANDS, CA 92373 FOR COUNTY USE ONLY County Depart—nt Contract Nun+b#r ECONOMIC AND COMMUNITY DEVELOPMENT Count;_60;*;P8i?1M#^t contract Asiprosontritivt iii 1 COUNTY OF SAN BERNARDINO Thomas R. Laurin Ph.tatt.4594 Owd9st U^11 NO. $Vb-oblort Funt; Job#40. Amount of contrac, 020 2230 155 N/A NIA CONTRACT TRANSMITTAL if contract%as mora than ino Payment Or recait, complou the following" NIA 1"§fc!9'4'"ti ty-County fatimett: 9 nIx rloopera onnyKgrieements. ^pproalmete Amount Each' Contractor: City of Redlands Birth Date N/A Federal ID No. or Social Security No. NIA . y =unitZ oR!y!L pme t Director - Contractor's Representative Mr. JeffreL. Shaw, Co _ Address- P.O. Box 3005, Redlands, CA. 92373 Phone: (714) 798-7555 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 1991-92, 1992-93 and 1993-94) of Community Development Block Grant (CDBG) Entitlement funding as an Urban County. The attached Cooperation Agreement is required by the U.S. Department of Housing and Urban Development (M) in order to establish the city as a participant in the County's 19,91-93 CDBG program. it allow the City's population statistics to--be bised by HUD to calculate the County's Grant amount over each of thi' ne:kt three yeBUD. Once ars. The Cooperation Agreement utilizes language which has been pr. eacribed by entered, the Agreement will remain in effect- for the full three year period. (Attach this transmittal to aft contracts not prepared on the "Standard Contract"form.) Ativiowed for Processini; A Stiviow4ld as to Affirmative Action ppro to sigal Form Form ► Agency Administrator/CAO 0..s. County Counsel fill p 1AAA COOpMTION AGRE1WM FOR MMMITY DEVEWPW-NT Bl= GRANT FUNDS FOR FISCAL y M S 1991-92, 1992-93, 1993-94 of the State of California, hereinafter called , COUNTY OF SAN BER?TARDINO,, City within said COUNTY, hereinafter calledCOUNTYCITY, and the City of Redlands, a Ci— mutually agree as follows: _GENERAL community Development Act of 1974, as amended (public Law The Housing and 93-383), hereinafter called ACT, provides that Block Grant funds may be , used for essential community development and housing assistance activities. mutually desire to cooperate to undertake, or assist in COUNTY and CITY undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. This Agreement gives COUNTY authoriDty to carry Block Grantseshereinafter be funded from annual communityevelopment called CDBG, for Fiscal Year 1991, 1992, and 1993 approsuch fundspriations and from any program income generated f rom the expenditures of . 2. TER14 this Agreement shall be for not less than the period The term of commencing on the effective date specified below and extending thrpatiouh the Is Three Year 1991-93 particigon in third program year covered by COUNTY n is fixed by the the CDBG program, unless an earlier date of terminatio alled HUD, of Housing and Urban Development, hereinafter c Department may not be terminated by the parties pursuant to the ACT. This Agreement herein covenanted for any circumstance or reason during the three year term of this Agreement. The term of this Agreementenditure extends of annual through CDBG any additional time as may be required for the exp appropriations for the ng for Federal he Fiscal Years corresponding to the 1991-93 e expenditure of any program income generated Agreement term, a from the expenditure of such funds. 3. PREPARATION-E-Maimims COUNTY, by and through its Department Of Economic and community Development, subject to approval of COUNTY's Board of Supervisors, shall to HUD all necessary be responsible for preparing and submitting applications for the entitlement grant under the ACT. This duty shall oration of community Development Plans and Programs and a include the prep Housing Assistance Plan which satisfy the application requirements of the ACT and its regulations. 4. COMPLIANCE WITH "uhl- ER20"S AND PLANS Both COUNTY and CITY shall comply in all respects with final Community Development Plans and Programs and the Housing Assistance Plan whichlicare developed through mutual cooperation pursuant to the apation requirements o5. f the ACT and its regulations and approved by HUD.p 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 Countyand 's certification required by Section 104(b) of Title I of the using 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 4 Housing and Community Development Act Of 1974, the Fair Housing Act, and other applicable laws. This Agreement prohibits County funding for activities in or in support of CITY if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY's actions to comply with its fair housing certification. 6. HOLD HARMIZSS CITY shall indemnify and hold COUNTY, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that might arise or result from activities of CITY, its officers, agents, volunteers and employees; and CITY shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against COUNTY, its volunteers and employees.- on any liability, claim or officers, agents, volunt them demand and satisfy any judgement that may be rendered against any of ents arising or resulting from activities of CITY, its officers, ag , volunteers and employees. CITY shall assume liability for all and any direct expense incurred in providing services pursuant to this Agreement and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness or disease arising out notify COOf the provisionn of services. CITY, however, is obligated to Promptly UNTY i writing of the occurrence of any such loss or damage. CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that acties undertaken by CITY under the CDBG program fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. Not withstanding any other provisions herein, COUNTY shall, at its own defend, indemnify, and hold CITY, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from activities by COUNTY, its officers, agents and employees. 7. opncziriom OF FUNDS consistent with Federal Regulations and Sections 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. Both parties agree that COUNTY has the authorization to redistribute such funds when said projects are not implemented in a timely manner as defined by HUD. g. DISPOSITION OF '>Drr'pnm 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 or real property prior to any such close out or change of status 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 shall promptly be paid to COUNTY. 9. or 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 improvements, 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. 10. EFFECTIVE DATE This Agreement shall be effective for all purposes when this Agreement and like agreements have been executed by COUNTY nd CITY, properly submitted to BUD, the grantor, by the designated deadline, and approved by HUD. I OTHER AGREEMENTS is subject to the same requirements Pursuant to 24 CFR 570-501(b). CITY and CITY will enter into a further applicable to subrecipients and COUNTY ins the minimum requirements set forth in 24 written agreement that con ta CDBG funds to CITY, COUNTY shall any CFR 570.503. Prior to disbursing d agreement shall remain in execute said written agreement with CITY. Sai over CDBG funds, including effect during any period that CITY has control program income. COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: By: Chairman, Board of Supervisors Title: APPROVED AS TO FORM. THE TERNS AND RECOMMENDED AS To CONTENT PROVISIONS OF THIS AGREEMENT ARE FULLY AUTHORIZED UNDER STATE AND LOCAL LAW By: city manager AND THIS AGREEMENT PROVIDES FULL LEGAL AUTHORITY FOR COUNTY To UNDERTAKE OR Dated: ASSIST IN UNDERTAKING ESSENTIAL COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY URBAN RENEW -JND PUB I Y ASSISTED ,Wr HOUSING. APPROVED AS TO FORM By: County Cou e By: City Attorney Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE sPROAT Clerk of the Board of Supervisors of the County of San Bernardino By: Deputy AG14TS-CITYCOOP-AGT 06/25/90/DL/3i 7/5/90/DL/bJj 5