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
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-- 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
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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:
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(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;
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(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;
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(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
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