HomeMy WebLinkAboutContracts & Agreements_111-2005_CCv0001.pdf COUNTY OF SAN BERNARDINO
AND
CITY OF REDLANDS
COUNTY RESOLUTION NO. 20gS-1:52
CITY OF REDLANDS RESOLUTION NO. 6402
A JOINT RESOLUTION AUTHORIZING A REQUEST TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVLOPMENT (HUD) FOR METROPOLITAN CITY/URBAN COUNTY JOINT
RECIPIENT STATUS
On Tuesday, June_ , 2005, on motion by Supervisor Biane duly seconded by
Supervisor Gonzales and carried, the following Resolution was adopted:
WHEREAS, Federal regulations require that San Bernardino County re-qualify every three years for
Urban County Status under the Community Development Block Grant(CDBG)Program; and,
WHEREAS, HUD has determined that the City of Redlands has sufficient population to qualify as a
Metropolitan City; and,
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 Federal Fiscal Years 2006-2007, 2007-2008, 2008-
2009.
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 21 day of June, 2005,by the following vote:
AYES: SUPERVISORS: Postmus,Biane,Bansberger,Ovitt,Gonzales
NOES: SUPERVISORS: Bone
ABSENT: SUPERVISORS: None
UOUNTY OF SAN I3FRNARDIN0 ReSOH 1 ION NO 2005-152
(`4I'Y OF l IAWANDS RFiSOI.IJI`R)N NO __-6402 -- _
AMI:NDED JOIN'I'RI::SO!,11'ZION AUT IORVINO A RI;QUF:S F 10 111G UNVI 1:D SI'A'I ITS DEPAIZ I M1iLN"f OI'I IOUSINO AND URBAN
I)I- 'ITOP4IGN`F'(I IUD)FOR W'I ROPOI 11-AN(ITY/111MAN COUNTY JOINT Ri:(1I'WN"C S1'A-I'US
PA(;I-2 oI'2
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN BERNARDINO �
1, DENA SMITH, Acting Clerk of the Board 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 the same appears in the Official Minutes of said
Board at its meeting of.Tune ?i , 2005.
DDEEN'AA ~gF S
° 6.IP �
l `4� 0 ervisors
APPROVED AS TO FORM:
RONALD D. REITZ
County Counsel ,
By:
MICHELLEL MORE
Deputy County Co se
Dated: 6 -/G-dar
CITY OF REDLANDS ************
APPROVED AND ADOPTED by the City Council of the City of Redlands on June 7, 2005
s,
ATTEST:
r SUS N PEPPLER, M ` or
LO IE POYZ �11
Clerk
I, Lorrie Poyzer City Clerk of the City of Redlands, hereby certify that the foregoing joint
resolution was duly adopted by the City Council at a regular meeting thereof held on June 7, 2005 2005
by the following vote:
AYES: COUNCIL MEMBERS: Gil, Gilbreath,George,Harrison;Mayor Peppler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
C r
LO IE POYZE C' Clerk
City of Redlands, Ca ifornia
FOR COUNTY USE ONLY
X New Vendor Code Dept. Contract Number
cOUNry
5BE h' DIN S
Change C1
IC
ECD
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County Department Dept. Orgn. Contractor's License No.
Community Development and Housing ECD PROJ.
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino THOMAS R. LAURIN (909) 388-0808 N/A
FAS Contract Type
17 Revenue E Encumbered E Unencumbered ZX Other: Cooperation Agreement
CONTRACT TRANSMITTAL If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
July 1, 2006 June 30, 2009 N/A
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
SBA ECD PROJ. 200 2005 0000 N/A
Project Name Estimated Payment Total by Fiscal Year
FY 2006-07, 2007-08, 2008-09 FY Amount I/D FY Amount I/D
City-County Cooperation
Agreement
CONTRACTOR City of Redlands
Federal ID No. or Social Security No. N/A
Contractor's Representative Mr. John Davidson, City Manager
Address P.O. Box 3005, Redlands, CA 92373 Phone (909) 798-7500
Nature of Contract: (Briefly describe the general terms of the contract)
The County of San Bernardino is in the process of qualifying forthe next three years.{Fiscal Years 2006-2007,2007-2008,
2008-2009)of the 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(HUD)in order to include
the City of Redlands as a participant in the County's CDBG program..!f atlows the City population statistics to be used by
HUD to calculate the County's grant amount for each of.the.;next three years. The Cooperation Agreement utilizes
language,which has been prescribed by HUD. Once entered,the Cooperation Agreement will remain in effect for the full
three-year period.
The attached Contract consists sof 61 '
pages and 1 Exhihjt:
(Attach this transmittal to all contracts not pretaren'on the,"Standard Contract"form.)
Ap roved as to L al F (sign in blue ink) Reviewed�s t 'Cnt t Complian Presented to BOS for Signature
► L� ► 77,, �
County Counsel Department Head 41
Date /� "�� Date ' /(j O SDate June 10, 2005
Auditor/Controller-Recorder Use Only
D Contract database 0 FAS
nput Date Keyed B '
COOPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR FISCAL YEARS 2006-2007,2007-2008,2008-2009
This Agreement is made and entered into this day of 2005,by and between the
County of San Bernardino,of the State of California,hereinafter referred to as"COUNTY",and the City of Redlands,a
City within COUNTY,hereinafter referred to as "CITY".
WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383),
hereinafter called"ACT",provides that Community Development Block Grant,hereinafter referred to as"CDBG",funds
may be used for the support of activities that provide decent housing and suitable living environments and expanded
economic opportunities principally for persons of low-and moderate-income; and,
WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under the CDBG program
every three years; and,
WHEREAS, U.S. Department of Housing and Urban Development (HUD) notice CPD-05-01, provides
instruction for Urban County Qualification for participation in the CDBG program for fiscal years 2006-2007, 2007-
2008, 2008-2009, and specific agreement term and standards; and,
WHEREAS, the execution of this Agreement is necessary to include CITY as participating unit of general
government under COUNTY's Urban County CDBG program.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be
derived therefrom,the parties agree as follows:
1. GENERAL
This Agreement gives COUNTY authority to undertake or assist in undertaking activities for Fiscal Years 2006-
2007, 2007-2008 and 2008-2009, which will be funded from the CDBG program, the HOME Investment
Partnership Program,and from any program income generated from the expenditure of such funds. COUNTY
and CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower income
housing assistance activities.
By executing this Agreement,CITY understands that it may not apply for grants under the Small Cities or State
CDBG Programs from appropriations for fiscal years during the term of this Agreement, and CITY may not
participate in a HOME consortium other than COUNTY HOME program regardless of whether COUNTY
receives a HOME formula allocation.
2. TERM
The term of this Agreement shall be for not less than the COUNTY CDBG Urban County qualification period
for fiscal year 2006-2007, commencing on July 1, 2006, and extending through fiscal year 2008-2009,which
ends on June 30,2009,unless an earlier date of termination is fixed by the Department of Housing and Urban
Development,hereinafter called HUD,pursuant to ACT. This Agreement shall remain in effect until all CDBG
(and HOME, where applicable) funds covered under the terms of this Agreement, and any income generated
from the expenditure of such funds,are expended,and the funded activities are completed. This Agreement may
not be terminated or withdrawn by the parties herein covenanted for any circumstance or reason during the term
of this Agreement.
Pagel of
3. PREPARATION OF APPLICATION
COUNTY, by and through its Community Development and Housing Department, subject to approval of
COUNTY Board of Supervisors, shall be responsible for preparing and submitting to HUD all necessary
applications for the CDBG entitlement grant under ACT. This duty shall include the preparation and processing
of COUNTY Housing, Community and Economic Development Needs Identification Report, Citizen
Participation Plans, the County Consolidated Plan, and other CDBG related programs which satisfy the
application requirements of ACT and its regulations.
4. COMPLIANCE WITH FINAL PROGRAMS AND PLANS
COUNTY and CITY shall comply in all respects with final Community Development plans and programs and
the Consolidated Plan which are developed through mutual cooperation pursuant to the application requirements
of ACT and its regulations and approved by HUD.
5. COMPLIANCE WITH ACT AND REGULATIONS
COUNTY and CITY shall comply with all applicable requirements of ACT and its regulations,in utilizing basic
grant funds under ACT,and shall take all actions necessary to assure compliance with COUNTY certifications
required by Section 104(b) of Title I of ACT. 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 ACT, the Fair Housing Act, and other
applicable federal laws. CITY agrees that CDBG funding for activities in or in support of CITY are prohibited if
CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to
comply with its fair housing certification.
6. POLICIES
CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and a policy of
enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location
which is the subject of such non-violent civil rights demonstrations within jurisdictions.
7. INDEMNIFICATION
CITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers,
employees,agents and volunteers from any and all claims,actions,losses,damages,and/or liability arising out of
this Contract from any cause whatsoever,including the acts,errors or omissions and for any costs or expenses
incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by
law.
CITY shall indemnify and hold harmless COUNTY and its respective authorized officers,employees,agents and
volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the
determination by HUD or its successor that activities under taken by each of CITY under the program(s)fail to
comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to
CITY under this Contract were improperly expended.
COUNTY shall,at its own cost and expense,defend,indemnify,and hold CITY,its officers,agents,volunteers,
and employees,harmless from and against any loss,liability,claim,or damage that may arise from negligent act
or omission by COUNTY, its officers,agents, and employees.
Page 2 of 5
8. INSURANCE REQUIREMENTS
Without, in any way affecting the indemnity herein provided and in addition thereto, CITY shall secure and
maintain throughout the Contract the following types of insurance with limits as shown:
Workers' Compensation - A program of Workers' Compensation insurance or a State-approved Self
Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the
State of California,including Employers'Liability with$250,000 limits,covering all persons providing
services on behalf of CITY and all risks to such persons under this Contract.
If CITY has no employees, it may certify or warrant to COUNTY that it does not currently have any
employees or individuals who are defined as"employees"under the Labor Code and the requirement for
Workers' Compensation coverage will be waived by the County's Risk Manager.
With respect to contractors that are non-profit corporations organized under California or Federal law,
volunteers for such entities are required to be covered by Workers' Compensation insurance. If the
County's Risk Manager determines that there is no reasonably priced coverage for volunteers,evidence
of participation in a volunteer insurance program may be substituted.
Comprehensive General and Automobile Liability Insurance-This coverage is to include contractual
coverage and automobile liability coverage for owned,hired,and non-owned vehicles. The policy shall
have combined single limits for bodily injury and property damage of not less than one million dollars
($1,000,000).
Errors and Omissions Liability Insurance-Combined single limits of$1,000,000 for bodily injury and
property damage and$ 3,000,000 in the aggregate or
Professional Liability-Professional liability insurance with limits of at least$1,000,000 per claim or
occurrence.
Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and
Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers,
employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the
performance of services hereunder.
Waiver of Subrogation Rights-Except for Errors and Omissions and Professional Liability,CITY shall require
the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers,
employees, agents,volunteers, contractors and subcontractors.
Policies Primary and Non-Contributory-All policies required above are to be primary and non-contributory with
any insurance or self-insurance programs carried or administered by COUNTY.
9. PROOF OF COVERAGE
CITY shall immediately furnish certificates of insurance to the County Community Development and Housing
Department,hereinafter referred to as"CDH",evidencing the insurance coverage,including endorsements above
required, prior to the commencement of performance of services hereunder, which shall provide that such
insurance shall not be terminated or expire without thirty (30) days written notice to CDH, and CITY shall
maintain such insurance from the time CITY commences performance of services hereunder until the completion
of such services. Within sixty(60) days of the commencement of this Contract, CITY shall furnish certified
copies of the policies and all endorsements. CITY shall complete and submit Contract Exhibit 1 of 1,
INSURANCE INVENTORY, along with the above-required insurance documents.
Page 3 of 5
10. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY. The County's Risk Manager is
authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk
Manager determines that any of the above insurance is not available,is unreasonably priced,or is not needed to
protect the interests of COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably
priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available,the
Risk Manager is authorized,but not required,to change the above insurance requirements,to require additional
types of insurance coverage or higher coverage limits,provided that any such change is reasonable in light of
past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY's risk.
Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of
insurance coverage or higher coverage limits must be made by amendment to this Contract. CITY agrees to
execute any such amendment within thirty(30)days of receipt.
11. DISPOSITION OF FUNDS
Unless prohibited by Federal Regulations,COUNTY and CITY agree that,to the extent possible,CDBG funds
will be allocated by COUNTY to CITY in an amount equivalent to 60 percent of the HUD identified CITY
entitlement for activities and/or projects prioritized by CITY to alleviate its identified community development
needs eligible under ACT. The balance will be used for County grant administration and County housing and
job creation programs available to CITY. COUNTY, by its Board of Supervisors, shall be responsible for
determining the final disposition and distribution of all funds received by COUNTY under 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.
12. 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 record keeping 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 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.
13. DISPOSITION OF REAL PROPERTY
The provision 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 reimburse
COUNTY with non-CDBG funds 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.
14. EFFECTIVE DATES
This Agreement shall be effective for all purposes when this Agreement and like agreements have been executed
by COUNTY and CITY,properly submitted to HUD,the grantor,by the designated deadline,and approved by
HUD.
Page 4 of 5
15. OTHER AGREEMENTS
Pursuant to federal regulations at 24 CFR 570.501(b),CITY is subject to the same requirements applicable to
subrecipients, including the requirement of a written agreement set forth in federal regulations at 24 CFR
570.503. COUNTY and CITY will enter into a further written agreement that contains these minimum
requirements. Prior to disbursing any CDBG funds to CITY,COUNTY shall execute said written agreement
with CITY. Said agreement shall remain in effect during any period that CITY has control over CDBG funds,
including program income.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year written
above.
COUNTY OF SAN B RNARDI CITY OF REDLAND_S
By: Jew Y ?
BILL POSTMUS,Chairman JUN 2 1 M SUS�&PEPPLER
Board of Supervisors
Title: Mayor
Dated: June 7, 2005
APPROVED AS TO FORM. THE TERMS AND ATTEST
PROVISIONS OF THIS AGREEMENT ARE FULLY
AUTHORIZED UNDER STATE AND LOCAL LAW By: 62�
AND THIS AGREEMENT PROVIDES FULL LEGAL LORRfE POYZER
AUTHORITY FOR COUNTY TO UNDERTAKE OR
ASSIST IN UNDERTAKING ESSENTIAL Title: City Clerk
COMMUNITY DEVELOPMENT AND HOUSING
ASSISTANCE ACTIVITIES.
Dated: June 7 2005
44��By:
MICHELLE&,tJKORE
Deputy County Co
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
DSMITH
dmg QertcbT"ffe rd of Supervisors
of theCpuoty b€S4aiA, rdino
�ti Rs
By: ;
x =UN21209
Comdevlr�P/Cat C re "E I 'cop.Agent(metro)
04/04/05/B. b,p
�RIVA RDI't"
Page 5 of 5
EXHIBIT I of I
COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENT
Project/Activity Title: Cooperation Agreement for Case Number:
Community Development Block Grant Funds for
Fiscal Years 2006-2007, 2007-2008, 2008-2009
Name/Address of Contractor Agency: Date of Issue:
City of Redlands
35 Cajon Street Original: Beginning
Redlands, CA 92373 Amendment#
INSURANCE INVENTORY
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
Name of Insurance Comp
Effective Dates:
Employer's Liability Limit
Certificate of Insurance Attached Yes No: On File w/CDH
COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate$ Certificate of Insurance Attached Yes No: On File w/CDH
Name of Contractor's Automobile Liability Insurance Company:
Limits of Liability Effective Dates:
Per Person$ Per Accident$ Damage Liability Combined Single Limit
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence$ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate$ Certificate of Insurance Attached Yes No: On File w/CDH
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company:
Limits of Liability Effective Dates:
Per Occurrence$ Additional Insured Endorsement Attached Yes No: On File w/CDH
Annual Aggregate Certificate of Insurance Attached Yes No: On File w/CDH
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