HomeMy WebLinkAbout1998-04-14; City Council; 14637; Home Consortium Funds And CDBG Home Program4B# /f&37
MTG. &+?p
IEPT. H/RED
- - /9% &f) 0 P CITY OF CARLSBAD - AGENuA BILL q
TITLE-
REALLOCATION OF 1996-97 HOME CONSORTIUM
DEPT. HD
FUNDS AND APPROVAL OF AN AMENDMENT TO AN CITY Al-l-Y. 1%
AGREEMENT FOR MANAGEMENT AND
IMPLEMENTATION OF HOME PROGRAM PROJECTS CITY MGR.w
RECOMMENDED ACTION:
Adopt Resolution No. 9s 713 to reallocate 1996-97 HOME Consortium funds and approve the
First Amendment to the Agreement between the City of Carlsbad, the County of San Diego, and the
County of San Diego Housing Authority to manage and implement HOME projects.
IiEM EXPLANATION:
As a member of the County of San Diego consortium for the federal HOME Program, the City of Carlsbad
is eligible to receive $194,217 in HOME Consortium funds for FY 1996-97 and $197,276 for FY 1997-98.
On April 16, 1996 and subsequently on June 19, 1996, the City Council selected the organizations to
receive HOME Consortium funds for the 1996-97 program year. The City’s Single Family Residential
Rehabilitation Program was allocated $180,682 in 1996-97 HOME Consortium funds and the Community
Resource Center’s Security Deposit Assistance Program was allocated $13,535. Based upon the high
costs associated with the administration of a security deposit assistance program and the lack of funding
sources available for administrative expenses, Community Resource Center determined that the program
was simply too burdensome and they will not be moving forward with the implementation of the program.
Therefore, on February 12, 1998, the Housing Commission recommended that the $13,535 in HOME
funds originally approved for the Security Deposit Assistance Program be reallocated to the City of
Carlsbad Single Family Residential Rehabilitation Program.
On April 1, 1997, the City Council selected the organization to receive HOME Consortium funds for the
1997-98 program year. The City’s Single Family Residential Rehabilitation Program was allocated
$197,276 in 1997-98 HOME Consortium funds.
An amendment to the Agreement with the County of San Diego and the County of San Diego Housing
Authority for management and implementation of HOME funded projects has been prepared to reflect the
reallocation of $13,535 in 1996-97 HOME funds to the City’s Single Family Residential Rehabilitation
Program, the $180,682 in 1996-97 HOME funds originally authorized for the Single Family Residential
Rehabilitation Program and an additional $197,276 in FY 1997-98 HOME funds available for this Program.
In effect the First Amendment rescinds and completely replaces the original Agreement. The amended
Agreement provides for the County Housing Authority’s administration of the total $391,493 in HOME
funds for the City’s Single Family Residential Rehabilitation Program over a period of years, ending in the
year 2002. The First Amendment is attached as Exhibit 2 for City Council review and approval at this
time.
ENVIRONMENTAL REVIEW:
Prior to disbursing HOME funding, the County must complete the appropriate environmental review for the
HOME funded project and the City must execute a written agreement with the County of San Diego for the
management and implementation of the approved HOME project. As required by federal regulations, the
County has completed the required environmental review documentation for the HOME funded Single
Family Residential Rehabilitation Program. County staff has determined that the grant for this project is
exempt from environmental review under 24 CFR Section 58.34 (a)(9). The Planning Director has
concurred with the County’s determination of exemption and has made his own determination of
- h
Page 2 of Agenda Bill ho. 17637
exemption on behalf of the City of Carlsbad. The County’s environmental review documentation for this
project is on file in the Housing and Redevelopment Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. All of the projects will be funded through the federal HOME
Investment Partnership (HOME) Program. No local appropriations are required.
EXHIBITS:
1. Resolution No. 98 -J/3 approving the First Amendment to Agreement for Management and
Implementation of HOME Program Projects between the City of Carlsbad, the County of San Diego,
and the County of San Diego Housing Authority.
2. First Amendment to Agreement for Management and Implementation of HOME Program Projects.
1
2
3
4
5
6
7
.*
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY COUNCIL RESOLUTION NO. 98-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REALLOCATING 1996-97 HOME CONSORTIUM FUNDS AND
APPROVING THE FIRST AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF CARLSBAD, THE COUNTY OF SAN DIEGO, AND THE COUNTY OF
SAN DIEGO HOUSING AUTHORITY TO MANAGE AND IMPLEMENT
HOME PROJECTS
WHEREAS, on June 20, 1995, the City Council of Carlsbad approved an amendment to a
Cooperative Agreement with the County of San Diego to include Carlsbad as a member of the County’s
consortium for the HOME Program; and
WHEREAS, the City of Carlsbad is eligible to receive $194,082 in HOME Consortium funds for
FY 1996-97 and $197,276 in 1997-98 funds; and
WHEREAS, on April 16, 1996 and subsequently on June 19, 1996, the City Council of the City
of Carlsbad, California selected the City’s Single Family Residential Rehabilitation Program to receive
$180,682 in 1996-97 HOME Consortium funds and the Community Resource Center’s Security Deposit
Assistance Program to receive $13,535; and
WHEREAS, the City Council of the City of Carlsbad, California considered the reallocation of
$13,535 in 1996-97 HOME Consortium funds originally approved for the Community Resource Center’s
Security Deposit Assistance Program to the City’s Single Family Residential Rehabilitation Program; and
WHEREAS, on April 1, 1997, the City Council of the City of Carlsbad, California selected the
City’s Single Family Residential Rehabilitation Program to receive $197,276 in 1997-98 HOME
Consortium funds; and
WHEREAS, the City Council of the City of Carlsbad, California has considered the proposed
First Amendment to the Agreement with the County of San Diego for the City of Carlsbad’s and the
County of San Diego Housing Authority’s management and administration of the FY 1996-97 and 1997-
98 HOME funded Single Family Residential Rehabilitation Program; and
WHEREAS, the City Council has taken all testimony into account.
1
2
3
4
5
6
-7
8
9
10
11
12
13
14
15
16
!7
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That the $13,535 in 1996-97 HOME Consortium funds originally approved for the
Community Resource Center’s Security Deposit Assistance Program are hereby reallocated
to the City of Carlsbad’s Single Family Residential Rehabilitation Program.
3. That the First Amendment to the Agreement with the County of San Diego for the City of
Carlsbad’s and the County of San Diego Housing Authority’s management and
administration of the Carlsbad Single Family Residential Rehabilitation Program with a total
of $194,217 in FY 1996-97 and $197,276 in FY 1997-98 HOME funds available for this
Program is hereby approved.
4. That the City Manager, or his designee, is hereby authorized and directed to execute such
agreement with the County of San Diego for the City of Carlsbad’s and the County of San
Diego Housing Authority’s management and implementation of HOME Projects.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
California, on the 14 day of April = 1998, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Hall & Finnila
NOES: None
ABSTAIN: None
ABSEm: Nygaard
ATTEST:
KAREN R. KUNDTZ, Assistant City Clerk
2
f
FIRST AMENDMENT TO
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A HOME
INVESTMENT PARTNERSHIPS GRANT PROJECT
THIS FIRST AMENDMEMT to the Agreement for Management and Implementation of a HOME
Investment Partnerships Grant Project (County Contract No. 36710) between the County of San
Diego, the City of Carlsbad and the County of San Diego Housing Authority entered into this day
of 1998 by and between the COUNTY OF SAN DIEGO, a political subdivision of the
State of California (hereinafter referred to as “County”), the CITY OF CARLSBAD (hereinafter
referred to as “Contractor”) and the COUNTY OF SAN DIEGO HOUSING AUTHORITY
(hereinafter referred to as “Housing Authority”),
WITNESSETH:
WHEREAS, the County, Contractor and Housing Authority have earlier entered into an
Agreement for management and implementation of a HOME Investment Partnerships project
(County Contract No. 36710); and
WHEREAS, said Agreement authorized the use of $180,682 for the 1996 Carlsbad HOME
Residential Rehabilitation Program; and
WHEREAS, the Board of Supervisors has approved an additional $197,276 for the 1997
Carlsbad HOME Residential Rehabilitation Program, and the City of Carlsbad has requested that the
Board of Supervisors reallocate an additional $13,535 in 1996 Carlsbad HOME funds to the Carlsbad
HOME Residential Rehabilitation Program, which would bring total Carlsbad HOME Residential
Rehabilitation Program funding to $391,493; and
WHEREAS, changes have been made in applicable laws and regulations since the execution
of County contract No. 36710 which must be reflected in HOME Investment Partnerships
implementation agreements;
IT IS AGREED AS FOLLOWS:
1. County Contract No. 36710 is amended in its entirety to read as follows:
AGREEMENT FOR CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF
A HOME INVESTMENT PARTNERSHIPS GRANT PROJECT
This Contract entered into by and between the CITY OF CARLSBAD (hereinafter referred
to as “CONTRACTOR”), the COUNTY OF SAN DIEGO HOUSING AUTHORITY (hereinafter
referred to as “HOUSING AUTHORITY”, and the COUNTY OF SAN DIEGO (hereinatIer referred
to as “COUNTY’), on
5
WITNESSETH:
WHEREAS, there has been enacted into law Public Law 101-625, the HOME Act, Title II
of the Cranston-Gonzalez National Affordable Housing Act, creating the HOME Investment
Partnerships Program that provides funds to expand the supply of affordable housing for very low-
income and low-income persons; and
WHEREAS, County acting as the “Participating Jurisdiction” within a HOME Consortium
as that term is used in the Act, is authorized to apply for and accept HOME Investment Partnerships
Act Grant Funds with respect to its “Urban County” and the Consortium Cities of Carlsbad,
Encinitas, La Mesa, Santee, and Vista; and
WHEREAS, County incorporated the Contractor’s proposal for the project described in
Attachment “A” hereof (hereinafter referred to as the “Project”) into the County’s Community
Development Block Grant/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding
Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, HUD has approved the County Annual Funding Plan for HOME Investment
Partnerships funds; and
WHEREAS, it is the desire of the Contractor and the County that the Project be implemented
by the Housing Authority; and
WHEREAS, the Contractor shall undertake the same obligations to the County with respect
to the Project in the County’s aforesaid Annual Funding Plan for participation in the HOME
Investment Partnerships Program; NOW THEREFORE
IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED: Contractor shall implement the Project described in
Attachment “A” hereof (entitled “Scope of Work”) fully in accordance with the terms of the
Annual Funding Plan approved by the County and submitted to the Department of Housing
and Urban Development (hereinafter referred to as “HUD”) in application for finds to carry
out the Project and the Certifications which were submitted concurrently with the Annual
Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by
reference into this contract fully as if set forth herein.
Contractor shall also undertake the same obligations to the County that the County has
undertaken to HUD pursuant to said Annual Funding Plan and Certifications. Contractor shall
hold County harmless against any indemnity which it may suffer with respect to HUD on
account of any failure on the part of Contractor to comply with the requirements of any such
obligation. The obligations undertaken by Contractor include, but are not limited to, the
obligation to comply with the current and most up-to-date version of each of the following:
2
G
.
(4 Title II of the Cranston-Gonzalez National Affordable Housing Act (Public Law lOl-
625) as amended;
Regulations of the Department of Housing and Urban Development relating to HOME
Investment Partnerships program (Title 24, Part 92 of the Code of Federal
Regulations commencing with Section 92.1);
w Regulations of the Department of Housing and Urban Development relating to
environmental review procedures for the HOME Investment Partnerships program
(Title 24, Subpart G, Part 92 of the Code of Federal Regulations, commencing at
Section 92.352);
(4 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; Executive Order 11246; Executive Order 11063; and any
HUD regulations heretofore issued or to be issued to implement these authorities
relating to civil rights;
W Section 3 of the Housing and Community Development Act of 1974, includes:
(1) The work to be performed under this contract is subject to the requirements
of section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701~ (section 3). The purpose of section 3 is to ensure
that employment and other economic opportunities generated by HUD
assistance or HUD-assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD’s regulations in 24
CFR part 135, which implement section 3. As evidenced by their execution
of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying
with the part 135 regulations.
(3) The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining contract or
other understanding, if any, a notice advising the labor organization or
workers’ representative of the contractor’s commitments under this section
3 clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
3
7
(4)
(5)
(6)
(7)
The contractor shall include the section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR part 135, and shall take appropriate
action, as provided in an applicable provision of the subcontract or in this
section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part
135.
The contractor will certify that any vacant employment positions, including
training positions, that are tilled (1) after the contractor is selected but before
the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be
directed, were not tilled to circumvent the contractor ‘s obligations under 24
CFR part 135.
Noncompliance with HUD’s regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
With respect to work performed in connection with section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of compliance with section
7(b)-
(0 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;
(s) Office of Management and Budget Circular A- 122 entitled “Cost Principles for Non-
Profit Organizations”; Office of Management and Budget Circular A- 133 entitled
“Audits of States, Local Governments, and Non-Profit Organ&ions” and with Of&e
of Management and Budget Circular 110 entitled “Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organ&ions”. Reference is particularly
made to the Code of Federal Regulations Part 84 entitled “Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations”;
4
00 Section 92.503 “Program Income, Repayments, and Recaptured Funds” of the HOME
Regulations. Any Program Income earned by Contractor in carrying out the activities
of this Agreement shall be returned to the County;
Upon expiration of this agreement, Contractor and Housing Authority shall transfer
to the County any HOME funds on hand at the time of expiration and any accounts
receivable attributable to the use of HOME funds;
(9 Section 92.252 or 92.254, as applicable, “Affordability” of the Regulations of the
Department of Housing and Urban Development relating to the HOME Investment
Partnerships Program. Repayment of any funds to the County is required if the
housing does not meet the affordability requirements for the specified time period;
ti) 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;
04 The Labor Standards Regulations set forth in Section 570.705 of 24 CFR, Part 570;
(1) The Architectural Barriers Act of 1968 (42 U.S.C. Section 415 1);
(m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5,
U.S.C.);
09 The Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations
adopted pursuant thereto) 24 CFR, Chapter X Subpart B;
(0) The Rehabilitation Act of 1973 (Public Law 93-l 12) 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;
(P) 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);
(9) The Drug-Free Workplace Act of 1988 (Public Law 100-690);
(r) The Contractor will adopt a policy consistent with Board of Supervisors’ Policy B-
39a, “Disabled Veterans Business Enterprise Program”, in order to insure that every
effort is made to provide equal opportunity to every potential disabled veteran
business vendor, contractor and subcontractor;
(9 No member, officer or employee of the Contractor, 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
5
0)
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;
The Contractor certifies, that in accordance with Section 3 19 of Public Law 10 l- 12 1,
to the best of his or her knowledge and belief that:
(1)
(2)
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 any federal grant, the making of any federal loan, the
entering into of any cooperative contract, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative contract.
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, or an employee of a member
of Congress in connection with this federal contract, grant, loan, or
cooperative contract, the undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its
instructions.
(u) The Contractor will adopt an “Aflirrnative Marketing” Plan in accordance with
Section 92.35 1, if the housing being funded contains five or more units.
2. COMPLIANCE WITH LAWS: Contractor and Housing Authority shall comply with
all applicable state laws and regulations, and local ordinances and regulations when doing the work
required by this Contract.
3. COMPENSATION: County shall reimburse Housing Authority for the costs it incurs
for work performed under this Contract, not to exceed a maximum reimbursement of $391,493.
Housing Authority shall not submit claims to the County nor shall County reimburse Housing
Authority for costs for which Housing Authority is reimbursed from a source other than the funds
allocated for work under this Contract.
6
4. COMPENSATION SCHEDULE: County shall pay Housing Authority monthly
progress payments upon certification and submittal by Housing Authority of a statement of actual
expenditures incurred, provided, however, that not more than 90% of the total agreed compensation
will be paid during the performance of this Contract. The balance due shall be paid upon certification
by Contractor and Housing Authority 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 HOME Investment Partnerships Grant Projects and to meet HUD
performance standards, Contractor and Housing Authority agree that they shall expedite
implementation of the project described herein.
6. This contract shall commence when executed by the parties and shall TERM:
continue in effect until terminated as provided herein,
7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by
Contractor, County or Housing Authority after 30 days written notice of intent to terminate has been
given to the other parties. However, no notice of termination given by Contractor shall be effective
unless HUD has agreed to release County from its obligations pursuant to the Project.
8. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of
the County if the United States Government terminates the HOME Investment Partnerships Grant
Program or terminates the Project, which is the subject of this Contract.
9. TERMINATION OF CONTRACT FOR CAUSE: Contractor, Housing Authority
and County recognize that the County is the governmental entity which executed the grant agreement
received pursuant to the County’s application and that County is responsible for the proper
performance of the Project. If Contractor or Housing Authority fails to tiltill in a timely and proper
manner its obligations under this contract to undertake, conduct or perform the Project identified in
this Contract, or if Contractor or Housing Authority violates any state laws or regulations or local
ordinances or regulations applicable to implementation of the Project, or if Contractor or Housing
Authority violates any provisions of this contract, County shall have the right to terminate this
contract by giving at least five days written notice to Contractor and Housing Authority of the
effective date of termination. Even if County terminates the Agreement, Contractor shall remain
liable to County for all damages sustained by County due to Contractor’s or Housing Authority’s
failure to fulfill any provisions of this Contract, and County may withhold any reimbursement
payments from Housing Authority for the purpose of set-off until the exact amount of damages due
to County from Contractor is determined. Contractor hereby expressly waives any and all claims for
damages for compensation arising under this contract except as set forth in this section in the event
of such termination.
7
10. CONTRACT ADMINISTRATION: The Director, Department of Housing and
Community Development shall administer this contract on behalf of the County. The City Manager
of the City of Carlsbad shall administer this contract on behalf of the Contractor. The Deputy
Director, Housing Authority of the County of San Diego shall administer this contract on behalf of
the Housing Authority. Within a reasonable time after the County makes a request, Contractor shall
give the County progress reports or other documentation as required by the County’s Contract
Administrator to audit Contractor’s performance of this Contract.
11. RECORDS AND REPORTS: The Contractor and Housing Authority shall maintain
records and make such reports as required by the Director, Department of Housing and Community
Development, to enable the County to analyze Contractor’s project. All records of the Housing
Authority related to this Contract or work performed under this Contract shall be open and available
for inspection by HUD and/or County auditors during normal business hours.
12. INDEMNIFICATION: County shall not be liable for, and Contractor shall defend and
indemnity County and its officers, agents, employees and volunteers against any and all claims,
deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or
other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys’ fees and court costs (collectively, Claims), which arise out of or are in any way
connected with the work covered by this Contract arising either directly or indirectly from any act,
error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees
or servants, including without limitation, Claims caused by the concurrent act, error, omission or
negligence, whether active or passive, of County, and/or its agents, officers, employees or volunteers.
However, Contractor shall have no obligation to defend or indemnify County from a Claim if it is
determined by a court of competent jurisdiction that such Claim was caused by the sole negligence
or willfbl misconduct of County or its agents or employees.
13. AUDIT COSTS: Contractor shall reimburse County for all costs incurred to
investigate and audit Contractor’s or Housing Authority’s performance of its duties under the
Contract if Contractor or Housing authority is subsequently found to have violated the terms of the
Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the
investigation or audit. County may deduct all such costs from any amount due Contractor under this
Contract.
14. PRECEDENCE: This contract constitutes the entire agreement of the parties and
supersedes any previous oral or written understandings or contracts related to the matters covered
herein. This contract may not be modified except by written amendment executed by each party.
15. NOTICE: Any notice or notices required or permitted to be given pursuant to this
Contract shall be personally served by the party giving notice or shall be served by certified mail.
Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid,
addressed to:
8
.
CONTRACTOR: COUNTY:
City of Carlsbad
Housing and Redevelopment Department
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008
Community Development Division
County of San Diego, Department of
and Community Development
3989 Ruffin Rd.
San Diego, CA 92123-1890
HOUSING AUTHORITY:
Housing Development Division
Housing Authority of the County of San Diego
3989 Ruffin Road
San Diego, CA 92 123
IN WITNESS WHEREOF, the parties have executed this contract on the day and the year
first above written.
CITY OF CARLSBAD COUNTY OF SAN DIEGO
City Manager
City of Carlsbad
Edward A. Baker, Jr.
Director
Department of Housing and
Community Development
HOUSING AUTHORITY OF THE
COUNTY OF SAN DIEGO
Edward A. Baker, Jr.
Deputy Director
Housing Authority of the County of San Diego
9 , ,s
ATTACHMENT “A”
SCOPE OF WORK
TEIE CITY OF CARLSBAD SINGLE FAMILY
RESIDENTIAL REHABILITATION PROGRAM
The City of Carlsbad (Contractor) and the County of San Diego Housing Authority (Housing
Authority) agree to implement a single family residential rehabilitation program under the terms of
the HOME Investment Partnerships (HOME) Program of the U.S. Department of Housing and Urban
Development. The work to be accomplished includes the following:
A. DUTIES AND RESPONSIBILITIES OF THE CITY OF CARLSBAD
1. Contractor agrees to use $194,217 of its FY 1996-97 HOME allocation, and $197,276 of its
FY 1997-98 HOME allocation, for a single family residential rehabilitation program within
the City of Carlsbad.
a. Contractor agrees that the Carlsbad Single Family Residential Rehabilitation Program
will be made available to low income Carlsbad families who own and occupy their
single family home or mobile home. Funded with federal Community Development
Block Grant (CDBG) and HOME funds, the program will offer residential
rehabilitation assistance to approximately eighteen (18) eligible households. Eligible
households to be assisted under the program are those earning less than 80 percent
of the median income as adjusted for household size, as determined by the U.S.
Department of Housing and Urban Development for the San Diego Standard
Metropolitan Statistical Area (SMSA).
The Carlsbad Single Family Residential Rehabilitation Program will be conducted in
accordance with all Sections that apply, SpecitIcally, Sections 92.205 through 92.206
and Section 92.254 of the HOME Final Rule published in the Federal Register.
b. Contractor agrees that the described Carlsbad Single Family Residential Rehabilitation
Program shall be operated by the Housing Authority of the County of San Diego.
10
B. DUTIES AND RESPONSIBILITIES OF TIE HOUSING AUTHORITY OF THE
COUNTY OF SAN DIEGO
1. Contractor and Housing Authority agree that the Housing Authority shall conduct the
Carlsbad Single Family Residential Rehabilitation Program. The Housing Authority shall
determine eligibility of applicants based upon applicant’s income and family status as defined
below:
a. Applicant income shall be less than 80 percent of median income as adjusted for family
size and published annually for the San Diego metropolitan area by the U.S.
Department of Housing and Urban Development;
b. Applicant must occupy the home as the primary residence.
2. Contractor and Housing Authority agree that the Housing Authority shall determine eligibility
of dwelling units as defined below:
a. l-4 unit dwelling, condominium, cooperative, or manufactured home;
b. The residential unit must have an after-rehabilitation value equal to or less than 95
percent of the current area median purchase price for the San Diego Standard
Metropolitan Statistical Area;
C. Located in the City of Carlsbad.
3. Contractor and Housing Authority agree that the Housing Authority shall ensure that the
following minimum property standards are met:
a. The residential unit shall comply with all applicable accessibility requirements.
b. The construction contractor shall be required to comply with all applicable State and
local housing quality standards and code requirements.
4. Carlsbad Single Family Residential Rehabilitation Program services provided by the Housing
Authority shall include the following:
a. Implementation and administration of the following programs:
i. Residential Rehabilitation Interest Subsidy Loan Program - program whereby
below market interest rate residential rehabilitation loans are provided to
owner occupants, whose gross household income does not exceed 80 percent
of the San Diego County median income, adjusted for household size.
11
ii. Residential Rehabilitation Deferred Loan Program - non-interest bearing
residential rehabilitation deferred loans to owner occupants unable to qualify for the
Interest Subsidy Loan Program, and whose gross household income does not exceed
80 percent of the San Diego County median income, adjusted for household size.
. . . 111. Elderly/Disabled Grant Program - non-repayable grants for residential
rehabilitation activities related to maintenance or promotion of health and
safety for elderly or disabled owner-occupants, whose gross household
income does not exceed 80 percent of the San Diego County median income,
adjusted for household size, particularly for the elimination of architectural
barriers to access and use of dwelling unit.
iv. Weatherization Grant Program - non-repayable grants for weather&ion of
owner occupied residential units, where gross household income does not
exceed 80 percent of the San Diego County median income, adjusted for
household size.
C. DISBURSEMENT OF FUNDS
In consideration of services provided for by this scope of work, the County of San Diego shall
make available $194,217 in 1996 HOME Investment Partnerships funding and $197,276 in
1997 HOME Investment Partnerships funding. Upon written request from the Housing
Authority, payment shall be disbursed by the County directly to the Housing Authority for
residential rehabilitation program costs incurred. Contractor authorizes the Housing
Authority to administer the services and activities in compliance with all applicable federal,
state, and local rules and regulations governing these funds. Each request for payment Tom
the Housing Authority shall include documentation to verify expenditure of funds are
consistent with the scope of work described herein.
D. PROGRAM INCOME
1. All interest earned on HOME funds advanced to the Housing Authority, and all proceeds from
the reconveyed loans, received by the Housing Authority during the term of this Agreement,
shall be retained by the Housing Authority. The funds received as interest income or
reconveyed loans shall be used by the Housing Authority to further fund eligible projects in
accordance with this Agreement.
2. The program income shall be used by the Housing Authority to fund eligible Residential
Rehabilitation Projects within the City of Carlsbad pr& to requesting additional funds from
the County. Upon expiration of this Agreement, all additional fbnds received by the Housing
Authority as interest income or loan reconveyances shall be returned to the County for use
on projects within the City of Carlsbad in accordance with HOME regulations.
12
E. RECORDS
The Housing Authority shall maintain all appropriate records for the described Residential
Rehabilitation Program and make them available for review by City or federal staff upon
request. On a quarterly basis, the Housing Authority shall submit a progress report to the
City. The reports will be due on approximately April 1, July 1, October 1, January 1 of each
year until expiration of the contract. The Housing Authority shall provide notification to the
City with regard to each residential rehabilitation project funded, including name and address
of homeowner, form of assistance, amount of HOME funds used, other sources of funding
and total cost of project.
F. INSURANCE
1. For the term of this agreement, Contractor shall include the County in its program of liability
self-insurance. Evidence of such program of self-insurance shall be evidenced by a
“Statement of Coverage” issued by the Contractor to the County.
2. All Subcontractors utilized to carry out the County funded residential rehabilitation activities,
within 10 working days prior to the inception of their contract with the Contractor, shall
submit to County certificates of insurance and appropriate separate endorsements to the
actual insurance policy, evidencing that the Subcontractor has obtained for the period of the
Contract insurance in the following forms of coverage and minimum amounts specified from
insurance carriers with an A.M. Best rating of A VII and above, unless approved by the
County Risk Manager.
a. An occurrence policy of Commercial General Liability insurance insuring
Subcontractor against liability for bodily injury, including death, personal injury or
property damage arising out of all operations of the Contractor during the execution
of the said contract of not less than One Million Dollars (%1,000,000) per occurrence.
(1) The Contractor and the County of San Diego, its officers, agents, employees,
and volunteers shall be added as Additional Insured by separate endorsement
to the policy.
(2) Subcontractor’s liability insurance shall apply as primary insurance, and any
other insurance or selfXmded program maintained by County or Board shall
be excess only and non-contributing.
b. Statutory Workers’ Compensation insurance along with Employer’s Liability of not
less than One Million Dollars ($l,OOO,OOO).
13
L
,
C. A Comprehensive Automobile Liability Insurance policy for bodily injury, including
death, and property damage which provides total limits of not less than one million
dollars ($1,000,000) combined single limit per occurrence applicable to all owned,
non-owned and hired vehicles.
G. ESTIMATED TIME SCHEDULE
Contractor and Housing Authority shall make all good faith and reasonable efforts to implement the
project in compliance with the following implementation schedule:
1996 HOME Funds Encumbered July 1998
Completion of 1996 Residential Rehabilitation Program July 2001
1997 HOME Funds Encumbered July 1999
Completion of 1997 Residential Rehabilitation Program July 2002
H. ESTIMATED BUDGET
Contractor and Housing Authority shall make all good faith and reasonable efforts to implement the
project in compliance with the following estimated project budget, but in no case shall funds be
reimbursed in excess of total compensation described in Paragraph No. 3 of this contract:
Residential Rehabilitation Assistance $391,493
14
From: Leilani Hines
To: Kathleen Shoup
Date: 4/l 7198 1:49PM Subject: First Amendment for HOME Project
If it is alright with the City Clerk’s Office, please forward the signed First Amendment to me. I will ba sending up to Ray an additional 3 copies of this Amendment for his signature. The County of San Diego
has requested that all three copies and the original be signed by the City Manager and returned to the County of San Diego. The County will subsequently secure all additional signatures and sand the fully
executed contract to the City for our records.
April 20, 1998
TO: Leilani Hines - Housing & Redevelopment
FROM: Kathleen Shoup - City Clerk's office
Per your instructions attached is the original First Amendment to the-agreement
for Management & Implementation of a Home Investment Partnership Grant Project.
Please return us one signed original of the additional three copies you mention
in your message above.