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HomeMy WebLinkAbout4687_CCv0001.pdf COUNTY OF SAN BERNARDINO AND CITY OF REDLANDS COUNTY RESOLUTION NO. CITY RESOLUTION NO. 4687 A JOINT RESOLUTION AUTHORIZING A REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR iiETROPOLITAN 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-yea,r 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. ppj PASSED AND ADOPTED this day of 1990, by the C following vote: AYES: SUPERVISORS: NOES: SUPERVISORS: ABSENT: SUPERVISORS: k COUNTY OF SAN BERNARDINO RESOLUTION NO. CITY OF REDLANDS 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 Page 2 of 2 STATE OF CALIFORNIA } )ss COUNTY OF SAN BERNARDINO) I , EARLENE SPROAT, 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 1990. EARLENE SPROAT Clerk of the Board of Supervisors By: Deputy APPROVED AS TO FORM: ALAN K. MARKS County nsel By: Deputy Dated: JUL fi90 PASSED AND ADOPTED THIS 17th day of July 1990, by the following vote: AYES: COUNCILMEN: Beswick, Cunningham, Larson, Milson;Mayor DeMirjyn NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CITY OF REDLANDS APPROVED AS TO FORK: ATTEST: CITY ATTORNEY CITY CLERK i FOR COUNTY USE ONLY County Department Contract Number ECONOMIC AND COMMUNITY DEVELOPMENT County Department Contract Representative Contractor's License Numbs �.i ►1�,hf, COUNTY OF SAN BERNARDINO ye Thomas R. Laurin rh,Ext 4594 CONTRACT TRANSMITTAL Budget Unit No. Sub-Object No, Fund No. Job No. Amownt of Contr 020 2230 155 N/A N/A It contract has more than one payment or race 19' 1 i' City-County complete the following: N/A Payments Estimate: ooperat on greemen s Approrcimeta Amount Each:. N177— Contractor: -- City of Redlands Birth Date NIA Federal ID No. or Social Security No. NIA Contractor's Representative: Mr. 3e€frey 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 Development (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-be )►sed by HUD to calculate the County's Grant amount over each of the.next three years. The Cooperation. Agreement utilizes language which has been prescribed by HUD. Once entered, the Agreement will remain in effect for the full three year period. 'l• 3 (Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) Approve io egal i orm Reviewed as to Affirmative Action Reviewed for processing i 1 110- county counsel Agency Administrator/CAO JUL 6 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 Community 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 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 activities by COUNTY, its officers, 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-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 and CITY, properly submitted to HUD, the grantor, by the designated deadline, and approved by HUD. 11. OTHER AGREEMENTS Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to subrecipients and COUNTY and CITY will enter into a further written agreement that contains the minimum requirements set forth in 24 CFR 570.503. 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. 4 COUNTY OF SAN BERNARDINO CITY OF REDLANDS By: By; Chairman, Board of Supervisors Title: APPROVED AS TO FORM. THE TERMS AND RECOMMENDED AS TO CONTENT PROVISIONS OF THIS AGREEMENT ARE FULLY 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: COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY URBAN RENEW PUB I Y ASSISTED HOUSING. By= LAPPROVED AS TO FORM 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 AGMTS-CITYCOOP.AGT 06/25/90/DL/jj 7/5/90/DL/bjj 5