HomeMy WebLinkAbout1998-10-06; City Council; 14864; 1998-99 Home Investment Partnerships Grant ProjectP
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UITG. 18-b - F’g APPROVAL OF AN AGREEMENT FOR MANAGEMENT
AND IMPLEMENTATION OF A 1998-99 HOME
IEPT. H/RED INVESTMENT PARTNERSHIPS GRANT PROJECT
*r CITY OF CARLSBAD - AGEWA BILL- 4.S
MGR.-& CITY
RECOMMENDED ACTION:
Adopt Resolution No. 48-J/ 8 t o approve the Agreement between the City of Carlsbad, the County
of San Diego, and the County of San Diego Housing Authority to manage and implement 1998-99 HOME
project.
ITEM EXPLANATION:
,
As a member of the County of San Diego consortium for the federal HOME Program, the City of Carlsbad
is eligible to receive $210,499 in HOME Consortium funds for FY 1998-99.
On March 24, 1998, the City Council selected the organization to receive HOME Consortium funds for the
1998-99 program year. The City’s Single Family Residential Rehabilitation Program was allocated
$210,499 in 1998-99 HOME Consortium funds.
An 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 allocation of
$210,499 in 1998-99 HOME funds to the City’s Single Family Residential Rehabilitation Program.
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
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. The project will be funded through the federal HOME Investment
Partnership (HOME) Program. No local appropriations are required.
EXHIBITS:
1. Resolution No. 9 g /3/ 8 approving the Agreement for Management and Implementation of a
HOME Investment Partnerships Grant Project between the City of Carlsbad, the County of San Diego,
and the County of San Diego Housing Authority.
2. Agreement for Management and Implementation of a HOME Investment Partnerships Grant Project.
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CITY COUNCIL RESOLUTION NO. 98-318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF
CARLSBAD, THE COUNTY OF SAN DIEGO, AND THE COUNTY OF SAN
DIEGO HOUSING AUTHORITY FOR MANAGEMENT AND
IMPLEMENTATION OF A 1998-99 HOME PROJECT
WHEREAS, on June 20, 1995, the City Council of the City of Carlsbad approved an amendment
to a Cooperative Agreement with the County of San Diego to include the City of Carlsbad as a member of
the County’s consortium for the HOME Program;
WHEREAS, the City of Carlsbad is eligible to receive $2 10,499 in HOME Consortium funds for
FY 1998-99;
WHEREAS, on March 24, 1998, the City Council of the City of Carlsbad, California selected the
City’s Single Family Residential Rehabilitation Program to receive $210,499 in 1998-99 HOME
Consortium funds;
WHEREAS, the City Council has considered the required agreement with the County of San
Diego for the City of Carlsbad’s and the County of San Diego Housing Authority’s management and
adminstration of the FY 1998-99 HOME funded Single Family Residential Rehabilitation Program;
WHEREAS, the City Council has taken all testimony into account;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves 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 1998-99 HOME funded Single Family Residential Rehabilitation
Program, on file in the City Clerk’s o&e.
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3. That the City Manager, or his designee, is hereby authorized to enter into an agreement with
the County of San Diego for the City’s management and implementation of FY 1998-99
HOME project.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
California, on the 6th day of October , 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
ATTEST:
(%3=&d (h .
ALETJ3A L. RAUTENKRAN Z, City Clerk )
EDWARD A. BAKER, JR. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TEL (619) 694-4801 DIRECTOR FAX: (619) 694-4671
TDD: (619) 694-4664
3989 RlJFFlN ROAD, SAN DIEGO, CALIFORNIA 92123-1890
September 4, 1998
Doris Ahrens
Housing and Redevelopment Department
City of Carlsbad
2965 Roosevelt St., Ste. B
Carlsbad, California 92008-2389
Dear Doris:
Enclosed are three (3) copies of a proposed Agreement between the County of San Diego and the
City of Carlsbad, provided in accordance with your department’s correspondence of June 30,1998.
The Agreement provides $2 10,499 in approved 1998-99 HOME Investment Partnerships Program
funding for Carlsbad’s Residential Rehabilitation Program.
If the Agreement is acceptable, please have two (2) conies signed by the Citv’s authorized
representative and return them to this department (attention:
You may keep the third copy for your files. The Agreeme n to the Board of
Supervisors for approval. We are anticipating an October 13,
of the process, a fully executed copy will be sent to you for your files.
If you have any questions, please feel free to contact me at (619)
694-4802.
Sincerely,
FRANK LANDERVILLE
Community Development Manager
Enclosures (3)
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 (hereinafter referred
to as “COUNTY”), on
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 funds
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:
(4 Title II of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101 -
625) as amended;
w 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);
(c) 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;
(9 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.
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(3)
(4)
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.
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 13 5. 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.
(5) The contractor will certify that any vacant employment positions, including
training positions, that are filled (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 filled to circumvent the contractor ‘s obligations under 24
CFR part 135.
(6) 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.
(7) 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)*
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;
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Office of Management and Budget Circular A-l 22 entitled “Cost Principles for Non-
Profit Organizations”; Office of Management and Budget Circular A-l 33 entitled
“Audits of States, Local Governments, and Non-Profit Organizations” and with
Office 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 Organizations”. 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”;
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;
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;
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;
The Labor Standards Regulations set forth in Section 570.705 of 24 CFR, Part 570;
The Architectural Barriers Act of 1968 (42 U.S.C. Section 415 1);
The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5,
U.S.C.);
The Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations
adopted pursuant thereto) 24 CFR, Chapter X Subpart B;
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;
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);
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(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;
6) 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
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 provisionprohibiting such interest pursuant to the
purposes of this certification;
0) The Contractor certifies, that in accordance with Section 3 19 of Public Law 101-121,
to the best of his or her 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 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.
(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, 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.
The Contractor will adopt an “Affirmative 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 $ 210.499.
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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.
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 fulfil1 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 fulfil1 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.
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10. CONTRACT ADMINISTRATION: The Director, Department of Housing and
Community Development shall administer this contract on behalf of the County. The Citv 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 indemnify 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 willful 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:
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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 RuBin Rd.
San Diego, CA 92123-1890
HOUSING AUTHORITY:
Housing Development Division
Housing Authority of the County of San Diego
3989 Ruflin 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
BY
3 Raymond . Pa tt
City Manager 9
City of Carlsbad
Alfred0 Ybarra,
Director (Acting)
Department of Housing and
Community Development
HOUSING AUTHORITY OF THE
COUNTY OF SAN DIEGO
BY
Alfred0 Ybarra
Deputy Director (Acting)
Housing Authority of the County of San Diego
ATTACHMENT “A”
SCOPE OF WORK
THE 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 $2 10,499 of its FY 1998-99 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. Currently funded with federal Community
Development Block Grant (CDBG) primarily for administration of the program and
HOME funds for residential rehabilitation project costs. The program will offer
residential rehabilitation assistance to approximately ten (10) 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, Specifically, 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.
B. DUTIES AND RESPONSIBILITIES OF THE 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.
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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 weatherization 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 $2 10,499 in 1998 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 from 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 (both HOME funds and CDBG funds), 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 tind eligible projects in accordance with this Agreement.
2. The program income, regardless of source, shall be used by the Housing Authority to fund
eligible Residential Rehabilitation Projects within the City of Carlsbad r>rior to requesting
additional funds from the County. Upon expiration of this Agreement, all additional funds
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
and/or CDBG regulations.
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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 ,OOO,OOO) 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 self-funded 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 ($1 ,OOO,OOO).
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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 ,OOO,OOO) 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:
1998 HOME Funds Encumbered July 2000
Completion of 1998 Residential Rehabilitation Program July 2003
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 $2 10,499
###
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City of Carlsbad
October 21,1998
County of San Diego
ATTN: Layla Fiske
Dept. of Housing & Community Development
3989 Ruffin Road
San Diego, CA 92123-1890
RE: City Of Carlsbad’s 199889 Home Investment Partnerships Grant Program
Enclosed for your attention please find two (2) signed original agreements between the
City of Carlsbad and the County of San Diego. This agreement is for the management
and implementation of the City of Carlsbad’s 1998-99 HOME Investment Partnerships
Grant Program.
Also enclosed for your reference is a copy of Carlsbad City Council Resolution No.
98-318, adopted on October 6, 1998, approving the agreement with the County of San
Diego Department of Housing & Community Development.
When you have gotten the approval of your Board of Supervisors, we would appreciate
your returning one (I) of the fully executed agreements to the office of the Carlsbad
City Clerk, attention Karen Kundtz, Assistant City Clerk. We will provide Doris Aherns,
in our Housing and Redevelopment Department with a copy of the document.
I apologize for the delay in getting these agreements signed and returned to your
attention, but we have been very shorthanded due to the flu. If you have any questions
or problems with these agreements, please call the City Clerk’s Office and we will do
everything possible to expedite a solution.
KATHLEEN D. SHOUP
Senior Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @