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HomeMy WebLinkAboutContracts & Agreements_53-96_CCv0001.pdf vv MINUTES OF THE BOARD OF SUPERVISORS OF SAN BE Agreements listed OF COUNTY, CALIFORNIA June 25, 1996 a 1 FROM: THOMAS R. LAURIN,Director Develo ment Department of Economic and Commur�i'ty p SUBJECT: COOPERATION AGREEMENTS WITH CITIES AND RESOLUTION FOR METROPOLITAN CITY/URBAN COUNTYJOINT RECIPIENT REQUEST FOR PARTICIPATION IN THE CDBG PROGRAM, THROUGH 1999-2000 RECOMMENDATION: (1) Approve Fiscal Year 1997-98 through 1999-2400 Cooperation Agreements between Block the County and the following cities for participation in the CommunityDevelopment Grant program: (14) A QU MRNT NO. cay 96-462 Adelanto 96-463 Barstow 96-464 Big Bear Lake 96-465 Chino Hills 96-466 Colton 96-467 Grand Terrace 96-468 Highland 96-469 Loma Linda 96-470 Montclair 96-471 Needles 96-472 Redlands 96-473 Twentynine Palms 96-474 Yucaipa 96-475 Town of Yucca Valley (2) Adopt Resolution for Joint Recipient Request with the City of Redlands. RESOLUTION NO. 96-162 BACKGROUND INFORMATION: Linder the Community Development Block Grant (CDBG) program, counties with populations over 200,000 qualify asUrban orated area and the area of any Counties and receive annual entitlement grants based upon the demographics of their un��rp cc: ECUS-Tom Laurin w/agreement Act}on of the Beard of Supervisors Contractor w/agreement - -; C/o ECD APPRC ` ERVISORS Auditor w/agreement Q k CID Contract Compliance w/agree. t Y Ntx Risk Management MOTION AY a s GSG � File w/agreement H RD EARLENE SPA_ C B � _ � . BY Deputy \ [SATED June 19 20 ?' 14-9907.000 mll ITEM v Rev. 10f81 w> S AND RESOLUTION FOR METROLPOITAN C'TY�URBAN COOPERATION AGREEMENT IN THE CDBG PROGRAM ST FOR PARTCIPATION COUNTY JOINT RECEIPIENT REQUE FOR FY 1997-98 THROUGH 1999-2000 June 25, 1996 Page 2 of 3 participating cities. San Bernardino County has Participated in the CDBG program as an Urban County since 1975, and as a result, has received over 175 million dollars in CDBG funds. At this County must requalify to participate in the CDBG program for the next three year period. time, the approval of the cooperation agreements t idBoard of Supervisors' HUD to requalify he County and its participating resolution for joint recipient request is required by cities. The requalification period is fiscal years 1997-98 through 1999-2000. CDBG regulations permit cities with a population less than 50,000 to Participate under a County's CDBG program. By participating, the cities' demographics increase the County's CDBG grant. To participate under the County's program, cities must enter into three-year Cooperation Agreements. All of the County's cities of this type have requested to participate. These cities include Adelanto, Barstow, Big Bear Lake, Chino Hills, Colton, Grand Terrace, Highland, Loma Linda, Montclair, Needles,Twentynine Palms,Yucaipa and Town of Yucca Valley. Cities with populations in excess of 50,000 are recognized by HUD as q opob seek direct CDBG funding from . Metropolitan Cities may also reest eincluded as a part of the County's CDBG program under a joint recipient application. When this occurs, the County's grant is also increased to include the amount authorized for e e Metrle fpolor he ities.ningDBGregulations require the County to serve as the sole agency sponsiband must enter a Cooperation implementation of the CDBG program. Each Metropolitan Agreement with the County for the three-year period of the CountyCity's qualification. The City of Redlands has Metropolitan City status and has requested to be included with the County. Redlands has been a joint recipient applicant with the County for the past nine years. Rialto like Redlands, was a joint recipient during the past nine years,but has chosen to establish its own CDBG program. The Cities of Apple Valley and Victorvilie were recently classified by HUD as MeCitietropos of Chino, litan Cities These Cities have decided to establish their own CDBG program. Also, the Fontana, Hesperia, Ontario, Rancho Cucamonga, San Bernardino and Upland are Metropolitthean Cities who have chosen to continue in direct entitlement funding from HUD, separate from County's CDBG Program. mendation,have been executed by each y. The Cooperation Agreements listed in the recom for citpurposesThese of agreements establish the terms and provisions for cooperation with the County ification requirements. The agreements stipulate the County's authority to carry out meeting req ual for determining the Community Development Block Grant activities and the County's responsibility final disposition and distribution of all CDBG fiends and program income. Under the agreements f the County each participating city is provided with a share o 's annual CDBG allocation for eligibleuired by HUD to permit Redlands as a city activities. The Joint Recipient Request Resolution is req ITEM 20 JUNE 25, 1996 SOLUTIONS FOR METROPOLITAN S AND RE COOPERATION AGREEMENT CITYAN COUN'T'Y JOINT RECIPIENT REQUEST FOR PARTICIPATION IN THE IJR13 CDBG PROGRAM FOR FY 1997-98 THROUGH 1999-2000 June 25, 1996 Page 3 of 3 participate with the County as a Metropolitan city,to parti joint recipient. The deadline for submission of all documentation to HUD County status, including Cooperation regarding the County's Urban n Agreements,is July 12, 1996. REASON FOR RECOMMENDATION: Approval of the Cooperation AgreementUrbans and adoptionCounty of the Joint Resolution by the Board of Supervisors is required under the CDBG Qualification Process. The agreements and resolution are due to HUD by no later than July 12, 1996,in order to be considered eligible. REVIEW BY OTHERS: The agreements and resolution have been approved by the City Counc1996, ils of the above listed Cooperating Cities,by Deputy County Counsel Paul St. John on March 27, and by Risk Management on April 15, 1996. This action has been reviewed by staff of the Board of Supervisors. FINANCIAL DATA: Approval and execution of these agreements is required for the County to receive an estimated thirty million dollars of Community Development Block Grant funds over the next three years. This action will not affect the County General Fund. PRESENTER: Thomas R. Laurin,Director, 388-0808. i JUNE 25, 1996 ITE* 20 MMM'', COUNTY OF SAN BERNARDINO AND CITYOF REDLANDS COUNTY RESOLUTION NO. -162 CITY RESOLUTION NO, 5292 A JOINT RESOLUTION AUTHORIZING A LOPMENT(HUD)FOR FOR IST TO��T"R�O USTATES NITED CITY/URBAN DEPARTMENT HOUSING AND URBAN DE JOINT RECIPIENT STATUS dui seconded On Tuesday, June 25, 1996, on motion by Supervisor Riordan, Y � nd a rieI the following Resolution is adopted: by Sup�WA �' m reIonsrequire that San Bernardino County requalify 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 — 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: 1. 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 1997-1998, 1998-1999 and 1999- 2000. 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 25th day of June, 1996,by the following vote: s AYES: SUPERVISORS: Mikels, Riordan, Walker, Eaves, Turoci NOES: SUPERVISORS: None ABSENT: SUPERVISORS: None T 6/25/96 mll #20 COUNTY OF bAN DrIPUNAA-ul"q%J r---L'— CI I y RESOLUTION NO. --5292 A JOINT RESOLUTION AUTHORIZING A REQUEST TOTHE UNITED STATES DEUPARTMENTNOF HOUSING AND URBAN DEVELOPMENT (HUD) FOR METROPOLITAN CITYIURBAN CO -ry JOINT RECIPIENT STATUS Page 2 of 2 * * * * * 0 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 1,EARLENE SPROAT,Clerk of the Board of Supervisors of the County,of San Bernardino. State action taken of California,hereby certif}-the foregoing to be a full.true and a rertheby said Board of Supervisors,by vote of the members presentthe same appears in the Off al Minutes of said Board at its meeting of June 25, 1996. EARLENE SPR Clerk of the sof S rs 0, By: 'p, APPROVED AS TO FORM: ALAN K. MARK, Count),Counsel Dep Dated: JUN 2 0 ]�Z;u 6/25/96 mll #20 COUNTY OF SAN BERNARDINO RESOLUTION NO. 96-162 CITY OF REDLANDS RESOLUTION NO. 5292 PASSED AND ADOPTED this 18th day of June, 1996, 400�ayor, City of Redlands ATTEST: tity =erk, C elands 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 18th day of June, 1996, by the following vote: AYES. Councilmembers Gilbreath, Cunningham, Gil, Banda; Mayor Larson NOES: None ABSENT: None ABSTAIN: None City Cl Hands ity Cl City f City 15 6/25/96 M11 #20 FOR COUNTY USE ONLY — ------ E ! New Vendor Code Dept. Contract Number M Change i (�t ISI ICI? r Cad C LJ + I °° County Department Dept, Orgn. Contractor's License No. l ._ r Economic and Community Development ECD PROD County Department Contract Representative Ph, Ext. Amount y�f Contract THOMAS R.LAURIN 388-0808 NfA i + County of San Bernardino i Rand C3ept. Organization Appr. C)bj?Rev sourceActivity t�EiCIPROJI lOB Nuler SBA ECD PROJ 2005 F Commodity Code Estimated Payment Total by Fiscal Year CONTRACT TRANSMITTAL � FY Amount I/D FY Amount i1D Project Name N/A NIA _ 1497-98 through 1999-2000 City-County Cooperation � f 1 City of Redlands CONTRACTOR NIA NIA Birth Date Federal ID No. or Social Security No. Contractor's Representative Gary Luebbers,City Manager Address P.O.Box 3005 Redlands CA 92373 Phone {909)798-751{1 Nature of Contract: (Briefly describe the general terms of the contract) The County of San Bernardino is in the process of qualifying for the next three years(Fiscal'Years 1997-98, 1998-1999, 1999-2000) of Community Development Block Grant (CDBG) entitlement funding as an Urban County. The attached Cooperation Agreement is required by the U.S.Department of Dousing and Urban Development(HUD)in order to include the City of Redlands as a participant in the County's CDBG program. It allows the City population statistics to be used by HUD to calculate the County 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. (Attach this transmittal to all contracts not prepared on the 'Standard Contract" harm.) Approved as to Legal Form I Reviewed as to Affirmative Aci�on Reviewed for Processing County Counsel _ Agency Administrator,CACI i ,off ' Date bate Date __= = e�_� 02-12294.000 Rev. 11x96 JOINT RECIPIENT COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 1997-98, 1998-99, 1999-2000 25 This Agreement is made and entered into this day of 1996, 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,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: I GENERAL This Agreement gives COUNTY authority to undertake or assist in undertaking activities for Fiscal Years 1997-98, 1998-99 and 1999-2000,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, specifically urban renewal and publicly assisted housing. 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. TERM I'lie term of this Agreement shall be for not less than the COUNTY CDBG Urban County qualification period for fiscal year 1997-98,commencing on July, 1, 1997,and extending through fiscal year 1999-2000, which ends on June 30,2000,unless an earlier date of termination is fixed by the Department Of HOLISIM-1 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 by the parties herein covenanted for anv cii-CUrnstance or reason during the term of this Agreement. PREPARATION' OF APPLICATION COUNTY,by and through its Department of Economic and Community Development,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 Z__ 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 PROGRAM COORDINATION COUNTY shall inform CITY on proposed housing projects,business expansion loan projects,and CDBG projects prior to proceeding with project to ensure CITY coordination. COUNTY shall provide periodic reports to CITY on city funded public service projects. 6. 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 V111 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. 7 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. 8, 1 N D E NINT_IFI C ATION CITY agrees to indemnify. defend and hold harmless COUNTY and its authorized officers, employees, auents and volunteers from any and all claims, actions, losses, damages, andifor liability arising from by COUNTY on negligent acts, errors or omissions by CITY and for any costs or expenses incurred C) account of any claim therefore, except where such indemnification is prohibited by law, CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages., and/or liability. In addition to the above, CITY shall indemnify and hold harmless COUNTY against any liability,clairns, losses, demands. and actions incurred by, COUNTY as a result of the determination by HUD or its Successor that activities undertaken by CITY under the programs) 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. 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 or result from any negligent act or omission by COUNTY, it officers, agents and employees. 9. 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. 10. 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 0 or change of status shall promptly be paid to COUNTY. 11, 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. EFFECTIVE DATES This Agreement shall be effective for all purposes when this Agreement and like agreements have been C� executed by COUNTY and CITY, properly submitted to HUD,the grantor,by the designated deadline. and approved by HUD. 13. OTHER A-GREENMENTS 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 veai- written above. COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: Chairman,Board of Supervisors JUN 26 1996 Swen Larson Mayor Date: June 18, 1996 ATTEST: APPROVED AS TO FORM. THE TERMS AND PROVISIONS OF THIS AGREEMENT ARE FULLY AUTHORIZED UNDER STATE AND LOCAL LAW By: C ' AND THIS AGREEMENT PROVIDES FULL LEGAL Lori Poyzer, t C K AUTHORITY FOR COUNTY TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY URBAN RENEWAL AND PUBLICLY ASSISTED HOUSING. .r By: � ` f Countv Couns y SIGNED AND A COPY OF THIS ROCU . QIVERED TO THE CHAT EA P, x CIeIP4 of the V un� n t r D tv u o. lNt ,AGNITS-METR0000 AGT 51-0/96tA£ibp