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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.