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Item 28 - Management & Implmentation btwn City & County of S.D. _ AGENDA REPORT SUMM_ARY_ TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager/Executive O~ INII~_A~DBy: John D. Fitch, Assistant City Manager/Assistant Executive Director Warren H. Sharer, Director of RedevelopmeRt Service~ David Narevsky, Redevelopment Manager Kris Gridley, Redevelopment Coordinator~ DA~: February 28, 1995 SUBJECT: Management and Implementation Agreement between the City of Poway and the County of San Diego for Implementation of the Twentieth Year Community Development Block Grant Funded Housing Rehabilitation Program In order to begin implementation of the Community Development Block Grant (CDBG} funded Housing Rehabilitation Program, execution of a Management and Implementation Agreement between the City and the County is required. The agreement will enable the County~to reimburse the City a total of $110,070 in CDBG funding for the completion of housing rehabilitation projects for low and very-low income Poway residents. ENVIRONMEN~rALI~J~VI~ The CDBG Housing Rehabilitation Program has been found to be exempt under CEQA environmental review guidelines and categorically excluded from some NEPA environmental review requirements. The County will review each rehabilitation project for conformance with specific NEPA requirements. It is recommended that $110,070 be appropriated from the Redevelopment Agency 80% unappropriated fund balance (Account #436-8912) to cover project costs prior to receiving CDBG funding reimbursements from the County. ADDITIONAL PUBLICNOTIFICATIONAND CORRESPONDENU~; None. RECOMMENDATION It is recommended that the Redevelopment Agency/City Council approve the attached Agreement for Management and Implementation of a CDBG Project and appropriate $110,070 from the Redevelopment Agency Unappropriated Fund Balance to cover project costs prior Agency receiving CDBG funding reimbursements. ACTION 1 of zz FEB 28 1995 IT _M 28 , -- AGENDA REPOR CITY OF POWAY This report is included on the Consent Calendar. There will be no separate discussion of the report phor to approval by the City Council oniess members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish ~ have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, City Manager/Executive Direc~ BY: John D. Fitch, Assistant City Manager/Assistant~Executive~)['~l INITIATED Director Warren H. Sharer, Director of RedeveloRme,nt Service~ David Narevsky, Redevelopment Manager Kris Gridley, Redevelopment Coordinator DATE: February 28, 1995 SUBJECT: Management and Implementation Agreement between the City of Poway and the County of San Diego for Implementation of the Twentieth Year Community Development Block Grant Funded Housing Rehabilitation Program ? BACKGROUND On March 22, 1994, the City Council held a public hearing to solicit input on the use of the City's Twentieth Year Community Development Block Grant {CDBG) funds. At that time, the Council approved the allocation of $110,070 in Twentieth Year funding to initiate a new housing rehabilitation program. This CDBG funded program was conceived in order to provide an alternative means of assisting low and very low income homeowners who do not meet the guidelines for the existing Affordable Housing Rehabilitation Program, which is funded by the Redevelopment Agency's Low- and Moderate-Income Housing Fund. FINDINGS In accordance with the cooperative agreement between the City and the County of San Diego, a Management and Implementation Agreement must be executed prior to use of any CDBG funding to implement the CDBG Housing Rehabilitation Program. Provided in Attachment 1 is the proposed Management and Implementation Agreement for the CDBG Housing Rehabilitation Program. The Agreement specifies the scope of work, estimated time schedule and estimated budget for the Program. The Agreement also includes a number of standard conditions and procedures dictated by the Department of Housing and Urban Development (HUD} and the County of San Diego. ACTION: 2 of 1i Agenda Report February 28, 1995 Page 2 ENVIRONMENTAL REVIEW An environmental review has been completed for the CDBG Housing Rehabilitation Program and it was determined to be exempt under CEQA environmental review guidelines and categorically excluded from some NEPA environmental review requirements. In order to insure compliance with NEPA floodplain standards and Historic Preservation requirements, each individual rehabilitation project will be submitted to the County for environmental review of potential impacts in those two areas. FISCAL IMPACT In accordance with the cooperative agreement between the City and the County, the City must advance the funds for CDBG projects and programs and then request reimbursement as costs are incurred. As specified in Section 3 of the attached Agreement, the County of San Diego will reimburse the City a total of $110,070 in order to implement the Housing Rehabilitation Program. As reimbursements will be made on a monthly basis, after the City provides the County with verification of all actual expenditures incurred, it is recommended that $110,070 be appropriated from the Redevelopment Agency Unappropriated Fund Balance (Account Number 436-8912) in order to cover project costs prior to receiving CDBG funding reimbursements from the County. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF None. RECOMMENDATION It is recommended that the Redevelopment Agency/City Council approve the attached Agreement for Management and Implementation of a Community Development Block Grant Project and appropriate $110,070 from the Redevelopment Agency Unappropriated Fund Balance to cover project costs until the Agency receives Community Development Block Grant funding reimbursements. Attachments: 1. Agreement for Management and Implementation of the Twentieth Year CDBG Housing Rehabilitation Program FEB281995 ~'~J 28 ~ 3 of 11 -' AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT This Agreement entered into by and between the CITY OF POWAY (hereinafter referred to as "CITY"), and the COUNTY OF SAN DIEGO (hereinafter referred to as "COUNTY"), on , 1995. W I TN E S SETH: WHEREAS, there has been enacted into law Public Law 93-383, the Housing and Community Development Act of 1974, the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; and WHEREAS, County as an "urban county" as that term is used in the Act, is authorized to apply for and accept Community Development grants with respect to its unincorporated territory and with respect to included units of general local government to undertake or to assist in the undertaking of essential community development and housing assistance activities; and WHEREAS, City is a unit of general local government located within the territorial boundaries of the County; and WHEREAS, on October 9, 1990, City and County entered into a cooperative agreement for submission of a proposal to the Department of Housing and Urban Development hereinafter referred to as "HUD"); and WHEREAS, pursuant to that Cooperation Agreement County incorporated the city's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the County's Community Development Block Grant Application which was submitted to the HUD; and WHEREAS, the Cooperation Agreement provided that in the event that the City proposal is approved by HUD as part of the County proposal and a Community Development Block Grant is made to the County on account of such proposal the parties heretofore will enter into a supplementary agreement providing for implementation of the City proposal by the County, the City or by cooperative action of the two agencies; and WHEREAS, it is the desire of the City and the County that the Project be implemented by the City; and WHEREAS, the City shall undertake the same obligations to the County with respect to the Project in the County's aforesaid application for participation in the Community Development Block Grant program; NOW THEREFORE CCSF No. 70.01 FEB 4 of 11 Attachment 1 IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: City agrees to implement the Project described in Attachment "A" hereof (entitled "Scope of Work") fully in accordance with the terms of the application made by the County to the Department of Housing and Urban Development (hereinafter referred to as "HUD") for funds to carry out the Project and the certifications which were submitted concurrently with the application. The Application and Certifications form is hereby incorporated by reference into this agreement fully as if set forth herein. City agrees that it undertakes hereby the same obligations to the County that the County has undertaken to hUD pursuant to said application and assurances. City agrees to hold County harmless against any indemnity which it may suffer with respect to HUD on account of any failure on the part of City to comply with the requirements of any such obligation. The obligations undertaken by City include, but are not limited to, the obligation to comply with each of the following: (a) The Housing and Come, unity Development Act of 1974 (Public Law 93-383) as amended; (b) Regulations of the Department of Housing and Urba~ Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1); -- (c) Regulations of the Department of Housing and Urban Development relating to environmental review procedures for the Community Development Block Grant program (Title 24, Subtitle A, Part 58 of the Code of Federal Regulations, commencing at Section 58.1); (d) Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284); Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housing and Urban Development Act of 1968; Executive Order 11246; Executive Order 11063; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to implement that Act in the Code of Federal Regulations, Title 24, Part 42; (f) OMB Circular A-87 entitled "Cost Principles Applicable to Grants and Contracts with State and Local Governments"; OMB circular A-128 entitled "Audits of State and Local Governments", and with 24 CFR Part 85 entitled "Uniform Administrative Requirements for Grants and Cooperative ~_ Agreements to State and Local Governments:. Reference is particularly made to the following Sections of 24 CFR Part 85: 2 ~ o~ ~ ~EB 2 8 ~995 [7~ 28 (1) Section 85.20, "Standards for Financial Management Systems", except paragraph (a). (2) Section 85.36, "Procurement", except paragraph (a); (g) Section 570.504 "Program Income" of the Regulations of the Department of Housing and Urban Development relating to the Community Development Block Grant (CDBG) Program. Any Program Income earned by City in carrying out the activities of this Agreement shall be returned to the County. Upon expiration of this agreement, City agrees to transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under City's control acquired or improved in whole or in part with CDBG funds in excess of $25,000 will either be: (i) Used to meet one of the national objectives outlined by HUD until five years after expiration of the agreement; or (ii) Disposed of in a manner that results in the County being reimbursed in the amount of the current fair market value of the property less~ any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five year period specified in paragraph (g) (i) of this section. Provisions under paragraphs (i) and (ii) of this Section shall survive five (5) years from the date of termination of this Agreement. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable CDBG Program eligibility requirements, provisions of Section 570.504, and provisions of this Agreement; (h) Section 570.505 "Use of Real Property" of the Regulations of the Department of Housing and Urban Development relating to the Community Development Block Grant Program; (i) The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; 3 . 6 of ~ FEB'81995 I~ 28 (j) The Labor Standards Regulations set forth in~ Section 570.705 of 24 CFR, Part 570; (k) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151); (1) The Rehabilitation Act of 1973 (Public Law 93-112) as amended; including Section 504 which relates to nondiscrimination in Federal programs and Housing and Urban Development Regulations set forth in 24 CFR Part 8; (m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); (n) The Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart B; (o) The Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 15); (p) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (q) The City will adopt a policy consistent with Board of Supervisors' Policy B-39, "Minority and Women Business Enterprise Program", in order to insure that every effort is made to provide equal opportunity to every potential minority and women business vendor, contractor and subcontractor; (r) No member, officer or employee of the City, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; (s) In accordance with Section 519 of Public Law 101-144, the City certifies that it 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 nonviolent civil rights demonstrations; 4 7 of i1 FEB g8 '1995 I?~_~ 28 , (t) The City certifies, that in accordance with Section 319 of Public Law 101-121, to the best of its knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, in connection with the awarding of any Federal contract, the making of Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete an~ submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 2. COMPLIANCE WITH LAWS: City agrees to comply with all applicable state laws and regulations or local ordinances or regulations in the implementation of the project. 3. COMPENSATION: County agrees to pay city total compensation for implementing the Project described herein project costs not to exceed the sum of $110,070. 4. COMPENSATION SCHEDULE: County agrees to pay City monthly progress payments upon certification and submittal by City of a statement of actual expenditures incurred, provided, however, that not more than 90 percent of the total agreed compensation will be paid during the performance of this Agreement. The balance due shall be paid upon certification by City that all of the required services have been completed. Payment by County is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. 5. EXPENDITURE STANDARD: In order to insure effective administration and performance of approved Community Development Block Grant Projects and to meet HUD performance standards, city agrees that it shall not have more than 1.5 times its current annual allocation in total unexpended funds available nine months from the start of a program year. In the event that city's unexpended balance is greater than 1.5 times the current allocation, County shall notify City of the expenditure deficiency. City will have a total of 60 calendar days, from the date of the County's written notification, to correct the deficiency. If the deficiency is not corrected within that time, city agrees that the County may either reduce the City's next annual entitlement amount or reallocate the amount of the expenditure deficiency to attain the required expenditure standard. 6. TERM: This agreement shall commence when executed by the parties hereto and shall continue in full force and effect until terminated as provided herein. The agreement may be terminated by either party after 30 days notice of intention to terminate has been given to the other party, provided, however, that no notice of termination given by City shall be effective unless HUD has agreed to release County from its obligations pursuant to the Projects. Alternatively, the agreement will be automatically terminated in the event that the United States Government terminates the Community Development Block Grant Program or terminates the Projects, which is the subject of the agreement. 7. TERMINATION OF AGREEMENT FOR CAUSE: City and County recognize that the County is the governmental entity which executed the grant agreement received pursuant to its application and that it has thereby become legally liable and responsible thereunder fo~ the proper performance of the Projects. If through any cause City shall fail to fulfill in timely and proper manner its obligations under this agreement to undertake, conduct or perform the project identified in this agreement, or if City shall violate any state or local laws or regulations in the implementation of the project, or if City shall violate any of the covenants, agreements, or stipulations of this agreement, County shall thereupon have the right to terminate this agreement by giving written notice to City of such termination and specifying the effective date thereof at least five days before the effective date of such termination. Notwithstanding the above, City shall not be relieved of liability to County for damages sustained by County by virtue of any breach of the agreement by City and County may withhold any payments to City for the purpose of set-off until such time as the exact amount of damages due County from City is determined. City hereby expressly waives any and all claims for damages for compensation arising under this agreement except as set forth in this section in the event of such termination. 8. CONTRACT ADMINISTRATION: The Director, Department of Housing and Community Development shall administer this agreement on behalf of the County. The City Manager shall administer this agreement on behalf of the City. City agrees to supply to County within a reasonable period of time after request, progress reports or other documentation as shall be required by the County's contract administrator to audit performance of this agreement. 9. RECORDS AND REPORTS: The City shall maintain records and make such reports as required by the Director, Department of Housing and Community Development to enable the County to analyze utilization of the City's program. All records of the City respecting the Projects shall be open and available for inspection by auditors assigned by HUD and/or the County during t~e normal business hours of the City. 10. INDEMNIFICATION: The City agrees to fully indemnify, defend and save harmless the County against any and all loss, damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any person or property arising out of or in any way connected with the performance of work under this contract, excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of the County. 11. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice or may be served by certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: CITY: COUNTY: city Manager Clerk of the Board of city of Poway Supervisors 13325 Civic Center Drive County Administration Center Poway, California 92064 1600 Pacific Highway San Diego, CA 92101 IN WITNESS WHEREOF, the parties have executed this agreement on the day and the year first above written. CITY OF POWAY COUNTY OF SAN DIEGO By. By. JO of ll -- Attachment "A" SCOPE OF WORK The City of Poway has a certain project to be implemented under the Twentieth-Year Community Development Block Grant (CDBG) Program. The work to be accomplished consists of the following: %. Supplemental funding of the Poway Residential Rehabilitation Program operating within the City of Poway, which addresses basic health and safety deficiencies of low income residents not addressed by other the City of Poway or Poway Redevelopment Agency residential rehabilitation programs. 2. The Program will provide no-interest, deferred and/or forgiven rehabilitation loans to eligible low income families, in accordance with program requirements to be established by the City of Poway. 3. Estimated Time Schedule: The city of Poway will make all goo~ faith and reasonable efforts to implement the project in compliance with the following estimated implementation schedule: Contract Approval February 28, 1995 Selection of Consultant March %, 1995 Inspections and Work Write-ups April 30, 1995 Loan Closings June 30, 1995 Program completion February 28, 1996 4. Estimated Budqet: The City of Poway will make all good faith and reasonable efforts to implement the project in accordance with the following budget, but in no case shall funds be reimbursed in excess of the total compensation described in Paragraph No. 3 of this contract: Loan Funding $96,144 Consultant Fees 9,906 Title Reports 720 Appraisals 1,500 Loan Documents 1,800 TOTAL $110,070 ### FEB 1 95 28 11 of 11