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HomeMy WebLinkAboutContracts & Agreements_21-1990_CCv0001.pdf Inc. Cities ECD MINUTES OF THE BOARD OF SUPERVISORS Agr OF SAN BERNARDINO COUNTY, CALIFORNIA AUGUST 13, 1990 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 1991 THROUGH 1993 RECOMMENDATION: (1 ) Approve the 1991-93 Cooperation Agreements between the County and the following listed Cities: CITY AGREEMENT N0. Adel anto 90-912 Apple Valley 90-913 Barstow 90-914 Big Bear Lake 90-915 Colton 90-916 Grand Terrace 90-917 Hesperia 90-918 Highland 90-919 Loma Linda 90-920 Montclair 90-921 Needles 90-922 Redlands 90-923 Rialto 90-924 Twentynine Palms 90-925 Victorvi 1 le 90-926 Yucaipa 90-927 (2) Adopt Joint Resolution No. 90-364 with the City of Redlands and Joint Resolution No. 90-365 , 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. cc: ECD w/agreements , iQ\bjt( Board of Supervisors Contractor w/agreement qp ! OF SUPERVISORS C/o EGD - �s rERNARDINO Auditor w a5eement ° �, / Purchasing Contract Ave Motion d NAOTLPF.�. 115 ''� e --- -e Y Compliance 4 5 Risk Management C EMG EARSo' :A?�QrOARD File /) i UATED: 14-9507-000 Rev. 10/81 ITEM 13 Al COOPERATION AGREEMENTS AND JOINT RESOLUTIONS FOR METROPOLITAN CITY/URBAN COUNTY JOINT RECIPIENT STATUS FOR JOINT PARTICIPATION IN THE CDBG PROGRAM FOR PROGRAM YEARS 1991 THROUGH 1993 AUGUST 13, 1990 PAGE 2 OF 3 BACKGROUND INFORMATION: At this time, the Federal Department of Housing and Urban Development (HUD) is requiring all eligible counties to requalify for the next three years under the Community Development Block Grant (CDBG) program. Under this program the County qualifies as an Urban County and receives an annual grant which is based upon its unincorporated area demographics. San Bernardino County has participated in the CDBG program as an entitled Urban County since 1975. CDBG regulations also permit incorporated cities with a total population less than 50,000 (as determined by HUD) , to include their demographics with the County's under a three-year cooperative relationship. All cities in this category have requested to participate with the County. These cities include: Adelanto, Apple Valley, Barstow, Big Bear Lake, Colton, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Twentynine Palms, Victorville and Yucaipa. Cities with populations in excess of 50,000 are eligible to seek direct entitlement funding from HUD or receive CDBG funds through a joint application with the County. The cities of Redlands and Rialto, which qualify under this latter category, have chosen to continue in the County's CDBG program, under joint recipient status. By doing this, they combine their entitlement funding with the County's grant. The City/County joint resolutions provide a means of obtaining HUD's approval for the combined grant. The cities of Chino, Fontana, Ontario, Rancho Cucamonga, San Bernardino, and Upland have chosen to continue in the direct entitlement funding program with HUD, separate from the County's CDBG program. Cooperation Agreements have been executed by each of the sixteen cities referenced in the recommendation. These agreements establish the terms and provisions for cooperation with the County for purposes of meeting requalification requirements and for participation in the County's 1991 through 1993 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 scheduled deadline for submission of all documentation to HUD regarding the County's Urban County Status, including Cooperation Agreements, is September 4, 1990. COOPERATION AGREEMENTS AND JOINT RESOLUTIONS FOR METROPOLITAN CITY/URBAN COUNTY JOINT RECIPIENT STATUS FOR JOINT PARTICIPATION IN THE CDBG PROGRAM FOR PROGRAM YEARS 1991 THROUGH 1993 AUGUST 13, 1990 PAGE 3 OF 3 REASONS FOR RECOMMENDATION: Approval of the Cooperation Agreements and adoption of the Joint Resolutions by the Board of Supervisors is a mandatory step in the Urban County Certification Process. REVIEW BY OTHERS: The agreements have been reviewed and approved by the City Councils of the above listed Cooperating Cities; and by County Counsel (Paul St. John). 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 twenty 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, Ext. 4594. FOR COUNTY USE ONLY County Department Contract Number ECONOMIC AND COMMUNITY DEVELOPMENT County Department Contract Representative Contractor's License Number: COUNTY OF SAN BERNARDINO 4594 Thomas R. Laurin Ph.Ext. ,_,4 Unit No. Sub-Object No. Fund No. Job No. Amount of Contract CONTRACT TRANSMITTAL 020 2230 155 N/A N/A If contract has more than one payment or receipt, Project N complete the following: 991-94"ttity-County Payments Estimate: N/A , C-ooperation Agreements Approximate Amount Each: NIT Contractor: City of Redlands Birth Date N/A -Federal ID No. or Social Security No. N/A Contractor's Representative: Mr. Jeffrey L. Shaw, Community Development Director 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 Develbpment (HUD) 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.,-'b- ,e us-ey y HUD to calculate the County's Grant amount over each of the, nek-t-1 te-e years. The Cooperation Agreement utilizes language which has been pres6ribed by HUD. Once entered, the Agreement will remain in effect for the full three year period. (Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) Approv%d—asi-TV Legal Four Reviewed as to Affirmative Action Reviewed for Processing County Counsel Agency AdministratorfCAO Date JUL Date Date 02 12294-000 r., 7;86 COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 1991-92, 1992-93, 1993-94 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 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, for Fiscal Year 1991, 1992, and 1993 appropriations and from any program income generated from the expenditures of such funds. 2. TERM 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 1991-93 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. The term of this Agreement extends through any additional time as may be required for the expenditure of annual CDBG appropriations for the Federal Fiscal Years corresponding to the 1991-93 Agreement term, and for the expenditure of any program income generated from the expenditure of such funds. 3. PREPARATION OF APPLICATIONS COUNTY, by and through its Department of Economic and Commtunit-y Development, subject to approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to HUD all necessary applications for the entitlement grant under the ACT. This duty shall include the preparation of Community Development Plans and Programs and a Housing Assistance Plan which satisfy the application requirements of the ACT and its regulations. 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, 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 HARMLESS 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 officers, agents, volunteers and employees, on any liability, claim or demand and satisfy any judgement that may be rendered against any of them arising or resulting from activities of CITY, its officers, agents, 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 of the provision of services. CITY, however, is obligated to promptly notify COUNTY in 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 activities 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 sl-,,all, 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 activities by COUNTY, its of f icers, agents and employees. 7. DISPOSITION 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. 8. 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 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. 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 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-CI)BG funds) of Property acquired or improved with CDBG funds that is sold- or transferred for a use which does riot qualify under CDBG regulations. io. EFFECTIVE DATE This Agreement shall be effective for all purposes when this Agreement and like agreements have been executed by COUNTY and CITY, properly submitted to IUD, the grantor. by the Clesignated `deadline, and approved by HOLM. 3 i OTHER AGREEMENTS Pursuant to 24 CFR 5701.501(b), CITY is subject to the same requirements applicable to subrecipients and COUNTY and. CITY will enter into a farther written agreement that contains the minimum requirements set forth in 24 CFR 570.503. Prig 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. COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: B 4' L Chairman, Board of Supervisors AUG 13 1994 Mayor APPROVED AS TO FORM. THE TERMS AND RECOMMENDED AS TO CONTENT PROVISIONS OF THIS AGREEMENT ARE FULLY r AUTHORIZED UNDER STATE AND LOCAL LAW By: AND THIS AGREEMENT PROVIDES FULL LEGAL City Manager AUTHORITY FOR COUNTY TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL Dated: July 17 , 1990 COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY URBAN RENS AND PUBLICLY ASSISTED HOUSING. By: APPROVED AS TO FORM County Cou se By: C Ciq Attorn y Dated: July 17 , 1990 SIGNED AND CE�XF`TE��t`�ti N I A COPY OF THIS DOCUMI�AX� & kWM9E YftRED TO THE CHAIR ,TIS ,B Vii, Clerk of the.BqirW,nf A4,ervisors of:tom ty of Sart 43riardino 511 By: AGMTS-CITYCOOP.AGT 06/25/90/DL/Jj 7/5/90/DL/hjj 5 . . . ,~ ^ , . / . COUNTY OF SAM BERNAROIN0 AND CITY OF REDLAN05 COUNTY RESOLUTION NO. 90-364 CITY RESOLUTION NO. 4687 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 d 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, 'niU in a request to HUD for inclusion of this Metropolitan City as part Of this Urban County for the purposes Of planning and implementing d joint Community Development and Housing Assistance Program. II, This Joint Request will remain effective for Fiscal Years 1991-92" 1992-93, and 7993-94, Ill. This Joint Request Shall accompany 3 duly executed cooperation agreement in a submission by the County of its Urban County qualification documentation to HUD. PASSED AND ADOPTED this 13th day 0f D , 1990, by the following vote: AYES: SUPERVISORS: Tuzoci, D8ikels , Walker, Hammock, Riordan NOES: SUPERVISORS: None ABSENT: SUPERVISORS: None .. p " ^^ COUNTY OF SAN RERMARDINO RESOLUTION NO. 9N0-3j64 CITY OF REDLAMOS RESOLUTION NO. 4687 A JOINT RESOLUTION AUTHORIZING A REOUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR METROPOLITAN CITY/URBAN COUNTY JOINT RECIPIENT STATUS Page 2 Of 2 STATE OF CALIFORNIA ss COUNTY OF SAN 8ERMARDINO\ l , EARLENE 8PRO8T, Clerk of the Board Of Supervisors of the County of San Bernardino, State Of California, ifv the foregoing to be u full , true and correct copy of the action taken by said Board Of Supervisors, b 5 the same appears in the Official Mi ng Of August 13 , 1440. k�d of APPROVED AS TO FORM: ALAN K. MARKS Co ] By: Dated: JUL «» PASSED AND ADOPTED THIS 17th day Of , 1990, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: CITY OF REDLANDS Mayo APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK COUNTY OF SAN BERNARDINO AND CITY OF REDLANDS COUNTY RESOLUTION NO. 90-364 CITY RESOLUTION NO. 468,7 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 1991-92, 1992-93, and 1993-94. 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 AN I D ADOPTED thi s 13th day Of August 1990, by the following vote: AYES: SUPERVISORS: Turoci, Mikey, Walker, Hammock, Riordan NOES: SUPERVISORS: None ABSENT: SUPERVISORS: None ~ --/ ~» COUNTY OF SAN BERNARDIN0 RESOLUTION N0 90-364 - CITy OF REDLAMDS RESOLUTION NO. 4687 DEPARTMENT A JOINT RESOLUTION AUTHORIZING A REOUL\| TO THE UNITED STATES CITY/URBAN COUNTY OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR METROPOLITAN JOINT RECIPIENT STATUS Page 2 Of 2 STATE OF CALIFORNIA 3s COUNTY OF SAN BERNARDIMO\ I EARLENE 3PR08T, Clerk Of the Board Of Supervisors Of the County of 5^"n Bernardino, State Of California, hereby certify the foregoing t f the record of the aC t0 b� O f�ll , true �nd C0rre� C0py Vtion taken t s th2 by said Board Of Supervisors, h tf t ng Of Some appears in the Official Mi f Au_q,ust 13 , 1990. - EARLENE— ral APPROVED AS TO FORM' «�» ' i� ���n�- . ALAN K. MARKS Deputy Dated: JUL 6 PASSED AND ADOPTED THIS 17th day of July 1990, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: CITY OF REDLANDS APPROVED AS TO FORM: ATTEST: CITY C�ERK ' TY ATTORNEY ' � � !