HomeMy WebLinkAbout2003-06-24; City Council; Resolution 2003-1581
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CITY COUNCIL RESOLUTION NO. 2003-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AGREEMENTS FOR HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS.
WHEREAS, the City Council of the City of Carlsbad, California has selected Community
HousingWorks to receive funding under the City’s 2001-02 and 2002-03 HOME Investment Partnership
(HOME) program; and
WHEREAS, the City Council of the City of Carlsbad, California, has considered the required
subrecipient agreement with Community HousingWorks for HOME funds; and
WHEREAS, the County has determined that these HOME Investment Partnership funded
activities will have no significant impact on the environment; and
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 Subrecipient Agreement with Community
HousingWorks for 2001-02 and 2002-03 HOME funds.
3. That the City Manager is authorized to execute the Subrecipient Agreement and related
documents on behalf of the City of Carlsbad in substantially the form presented as Exhibit 2
to this resolution and subject to prior approval of the City Attorney.
4. That the City Manger is hereby authorized to execute an agreement for the use of HOME
funds with the County of San Diego in substantially the form presented as Exhibit 3 to this
resolution and subject to prior approval of the City Attorney.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
California, on the 2 4 t h day of JUNE , 2003, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Finnila
ABSTAIN: None
ATTEST:
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CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF
A HOME INVESTMENT PARTNERSHIPS PROJECT
This is a Contract entered into by and between the City of Carlsbad (hereinafter referred
to as “CITY”), and the COUNTY OF SAN DIEGO (hereinafter referred to as “COUNTY”), on
I 2003 (Effective Date).
WITNESSETH:
WHEREAS, there has been enacted into law Public Law 101-625, the HOME Act, Title
I1 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, City is a unit of general local government located within the territorial
boundaries of the County; and
WHEREAS, on, June 29, 1999, City and County renewed a cooperative agreement for
submission of a proposal to the United States Department of Housing and Urban Development
(hereinafter referred to as “HUD”); and/or
WHEREAS, County received Board of Supervisor approval for the City’s proposed
project described in Attachment “A” here of (hereinafter referred to as the “Project’) on April 30,
2002; and
WHEREAS, County incorporated the City’s proposal for the Project into the County’s
Community Development Block Grant/HOME Investment PartnershipEmergency Shelter Grant
Annual Funding Plan which was submitted to HUD; and
WHEREAS, the Cooperative Agreement provided that in the event that the City proposal
is approved by HUD as part of the County proposal and a HOME Investment Partnership
program is made to the County on account of such proposal the parties heretofore will enter into
a supplementary contract providing for implementation of the City proposal by the County, the
City or by cooperative action of the two agencies; and
WHEREAS, HUD has approved the County Annual Funding Plan for HOME Investment
Partnerships funds; and
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WHEREAS, it is the desire of the City and the County that the Project be implemented;
and
WHEREAS, the City 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: City shall provide funding for the scope of work
as described in Attachment “A” hereof ( “Scope of Work”) fully in accordance with the
terms of the Annual Funding Plan approved by the County and submitted 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.
City shall also undertake the same obligations to the County that the County has
undertaken to HUD pursuant to said Annual Funding Plan and Certifications. City shall
hold County harmless against any harm that it may suffer with respect to €€UD on
account of any failure on the part of City to comply with the requirements of any such
obligation. The obligations undertaken by City include, but are not limited to, the
obligation to comply with the current and most up-to-date version of each of the
following:
Title II of the Cranston-Gonzalez National Affordable Housing Act (Public Law
10 1-625) 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);
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);
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;
Section 3 of the Housing and Community Development Act of 1974, includes:
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(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. 1701u (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 parties implementing the work to be performed under this contract
shall send to each labor organization or representative of workers with
which they have a collective bargaining contract or other understanding, if
any, a notice advising the labor organization or workers' representative of
their 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.
(4) The parties implementing the work to be performed under this contract
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
City will not subcontract with any subcontractor where the City has notice
or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
(5) The City shall certify that any vacant employment positions, including
training positions, that are filled (1) after a 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 City's
obligations under 24 CFR part 135.
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Noncompliance with HUD’s regulations in 24 CFX part 135 may result in
sanctions, termination of this contract for default, and debarment or (6)
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).
(9 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;
(g) Office of Management and Budget Circular A-87 entitled “Cost Principles for
State, Local and Indian Tribal Governments”; Office of Management and Budget
Circular A-133 entitled “Audits of States, Local Governments, and Non-Profit
Organizations.” Reference is particularly made to the Code of Federal
Regulations Part 85 entitled “Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian and
Tribal Governments.”
(h) Sec.tion 92.503 “Program Income, Repayments, and Recaptured Funds” of the
HOME Regulations. Any Program Income earned by the City in carrying out the
activities of this Agreement shall be retained by the City and shall be used by the
City for projects approved by the County within the City’s jurisdiction in
accordance with HOME regulations. The City shall report all Program Income to
the County.
Upon expiration of this agreement, City 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;
(i) 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 pefiod;
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Public Law 89-665 the Archeological and Historical Preservation Act of 1974
(Public Law 93-291), and Executive Order 1 1593 including the procedures
prescribed by the Advisory Council on Historic Preservation in 36 CFR, Part 800;
The Labor Standards Regulations set forth in Section 570.705 of 24 CFR, Part
570;
Prevailing Wages set forth in Labor Code Section 1720. It is the City’s obligation
to determine whether payment of prevailing wages is required. City agrees to
defend, indemnify and hold harmless the County, Department of Housing and
Community Development and its officers and employees from and against any
claim, lawsuit, administrative proceeding, damages, fines or penalties relating to
the issue of non-payment of prevailing wages.
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 93-1 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);
The Drug-Free Workplace Act of 1988 (Public Law 100-690);
Section 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (Title X) and the regulations adopted pursuant thereto (24 CFR, Part
35).
No member, officer or employee of the City, or its designee or agents, no member
of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during hisher 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;
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and federal
Contract.
3.
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In accordance with Section 519 of Public Law 101-144, the City certifies that it
adopted and is enforcing a policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals engaged in
nonviolent civil rights demonstrations.
The City certifies, that in accordance with Section 319 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 parties implementing work to be performed under this contract shall adopt an
“Affirmative Marketing” Plan in accordance with Section 92.35 1, if the housing
being funded contains five or more units.
The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151);
COMPLIANCE WITH LAWS: City shall comply with all applicable local, state,
laws, regulations, and ordinances when performing the work required by this
COMPENSATION: County shall reimburse City for the costs it incurs for work
performed under this Contract, not to exceed a maximum reimbursement of $150,000.00. City
shall not submit claims to the County nor shall County reimburse City for costs for which City is
reimbursed from a source other than the funds allocated for work under this Contract.
4. COMPENSATION SCHEDULE: County shall pay City monthly progress
payments upon certification and submittal by City of a statement of actual expenditures incurred.
Final payment shall be paid upon certification by City that all of the required services have been
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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, City shall demonstrate reasonable progress on implementation of the
project, expending all contracted funds within 18 months from the date the contract is executed.
In the event all funds are not expended within 18 months, the County shall notify the City of the
expendture deficiency. City shall have a total of 60 calendar days from the date of the County’s
written notification to correct the deficiency. If the deficiency is not corrected within that time,
City agrees that the County may reallocate the amount of the expenditure deficiency.
6. TERM: This contract shall commence on the Effective Date and shall continue in
effect until terminated as provided herein.
7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by
either party delivering thirty (30) day written notice of intent to terminate upon the other party.
However, notice of termination given by City shall not be effective unless the County determines
that there are no outstanding obligations to HUD pursuant to the Project.
a. 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, or upon City’s
satisfactory completion of the objectives set forth in the Scope of Work as determined by
County.
9. TERMINATION OF CONTRACT FOR CAUSE: City 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 City fails to fulfill in a timely and proper manner its obligations under this contract to
undertake, conduct or perform the Project identified in this Contract, or if City violates any state
laws or regulations or local ordinances or regulations applicable to implementation of the
Project, or if City violates any provisions of this contract, County shall have the right to
terminate this contract by giving at least five (5) days’ written notice to City of the effective date
of termination. Even if County terminates the Agreement, City shall remain liable to County for
all damages sustained by County due to City’s failure to fulfill any provisions of this Contract,
and County may withhold any reimbursement payments from City for the purpose of set-off until
the exact amount of damages due to County from City is determined. City 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.
10. CONTRACT ADMINISTRATION: The Director, Department of Housing and
Community Development, shall administer this contract on behalf of the County. The Carlsbad
City Manager shall administer this contract on behalf of the City. Within a reasonable time after
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the County makes a request, City shall give the County progress reports or other documentation
as required by the County’s Contract Administrator to audit City’s performance of this Contract.
11. RECORDS AND REPORTS: The City shall maintain records and make such
reports as required by the Director, Department of Housing and Community Development, to
enable the County to analyze City’s project. All records of the City related to this Contract or
work performed under this Contract shall be open and available for inspection by KUD and/or
County auditors during normal business hours.
1’2. QUARTERLY REPORTS: City shall provide the County with a quarterly report,
submitted no later than thirty (30) days after the last day of the previous quarter, which includes
a narrative of the services provided, progress towards meeting the timeline goals stated in the
contract, and an itemized accounting of the expenditures of HOME funds during the previous
quarter. Failure to submit quarterly reports in a timely manner will result in withholding of
HOME funds until the report has been submitted.
Report due dates are: January 30, April 30, July 30 and October 30.
13. INDEMNIFICATION: County shall not be liable for, and City 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 City 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, City 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.
City and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify,
defend (with counsel selected by County) reimburse and hold County and its officers, employees
and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities
(including sums paid in settlement of claims) or loss, including attorneys’ fees, consultants’ fees,
and experts’ fees which arise during or after the contract term for any losses incurred in
connection with investigation of site conditions, or any cleanup, remedial, removal or restoration
work required by any hazardous Materials Laws because of the presence of Hazardous’Materials,
in the soil, ground water or soil vapors on the premises, and the release or discharge of
Hazardous Materials by City during the course of any alteration or improvements of the Premises
by City, unless Hazardous Materials are present solely as a result of the gross negligence or
willful misconduct of County, its officers, employees or agents. The indemnification provided by
this section shall also specifically cover costs incurred in responding to:
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Hazardous Materials present or suspected to be present in the soil,
ground water to or under the Property before the Commencement
date;
(a)
(b) Hazardous Materials that migrate, flow, percolate, diffuse, or in
any way move on to or under the Property following the
Commencement Date; or
(c) Hazardous Materials present on or under the Property as a result of
any discharge, release, dumping, spilling (accidental or otherwise),
onto the Property during or after the Term of this contract by any
person, corporation, partnership or entity other than County.
The foregoing indemnities shall survive the expiration or termination of the contract any or any
transfer of all or any portion of the Premises, or of any interest in this contract and shall be
governed by the laws of the State of California.
14. AUDIT COSTS: City shall reimburse County for all costs incurred to investigate
and audit City’s performance of its duties under the Contract if City 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 City under this Contract.
15. 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.
16. ACKNOWLEDGEMENT OF FUNDING: City shall identify the County of San
Diego as the source of funding, or, if applicable, one of the sources of funding in public
announcements that are made regarding the project. Acknowledgement of the County’s funding
role, for example, should be included in publicity materials related to the project. In addition,
City agrees that the County shall be apprised of any special events linked to the project so that a
review can be made on what role, if any, the County would assume.
17.
in Attachment B.
INSURANCE: City agrees to comply with the insurance requirements set forth
18. NO WAIVER: No failure, inaction, neglect or delay by County in exercising any
of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such
rights or any other rights under this Contract.
19. 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.
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D#- Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid,
addressed to:
CITY:
City Manager
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
COUNTY:
Director
County of San Diego, Department of
Housing and Community Development
3989 Ruffin Rd.
San Diego, CA 92123-1890
IN WITMSS WHEREOF, the parties have executed this contract on the day and the
year first above written.
CITY OF CAFUSBAD COUNTY OF SAN DIEGO
BY BY RAYMOND PATCHETT, City ~aniger
Date
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Scope of Work
The City of Carlsbad (CITY) has agreed to provide funds for a certain project to be implemented
with HOME Investment Partnership Grant Program funds. The work to be accomplished
includes the following:
CITY OF CARLSBAD-HOME NORTH COUNTY SOLUTIONS FOR
CHANGWCOMMUNITY HOUSINGWORKS-SOLUTIONS FAMILY CENTER: Funding in
the amount of $150,000 to the Community Housingworks for development of a 32-unit
transitional housing facility, located at 722 West California Avenue in the City of Vista, for
homeless families to be developed and operated by the partnership composed of North County
Solutions for Change and Community Housingworks. A minimum of two units will be assisted
with the HOME funds.
ESTIMATED TIME SCHEDULE: CITY will make all good faith and reasonable efforts to fund
the project in compliance with the following estimated implementation schedule, or earlier:
Project Completion June 2004
ESTIMATED BUDGET: CITY shall make all good faith and reasonable efforts to fund the work
under this Contract within the following estimated budget. In no case shall CITY be entitled to,
or shall County reimburse CITY for more than $150,000 for work performed under this Contract.
Development Costs: $ 150,000
Total: $150,000
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Insurance
1. INSURANCE: For the term of this agreement, the City 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 City to the County.
A. All Subcontractors utilized to carry out the County funded Predevelopment
activities, within 10 working days prior to the inception of their contract with
City, 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 VI1 and above.
i) 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 City of Carlsbad 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.
ii) Statutory Workers' Compensation insurance along with Employer's Liability of not
less than One Million Dollars ($1,000,000).
iii) 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.
iv) Professional Errors and Omissions Liability Insurance. if City provides and/or
engages the services of any type of professional, including, but not limited to,
engineers and architects, whose failure due to a mistake or deficiency in design,
formula, plan, specifications, advisory, technical or other services could result in
liability, City or Consultant shall obtain professional errors and omissions liability
insurance in an amount of not less than one million dollars ($1,000,000). If this policy
contains a self retained limit, it shall not be greater than Ten Thousand Dollars
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($10,000) per occurrence/event; if the coverage contains one or more aggregate
limits, a minimum of 50% of any such aggregate limit must remain available at all
times; if over 50% of any aggregate limit has been paid or reserved, County may
require additional coverage to be purchased by Consultant to restore the required
limits. The policy shall include limited contractual liability coverage. This coverage
shall be maintained for all work pursuant to the Agreement.
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AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
FEDERAL HOME INVESTMENT PARTNERSHIP FUNDS
SOLUTIONS FAMILY CENTER L.P. FOR 2001-02 AND 2002-03
THIS AGREEMENT, made and entered into as of this - day of g(A Lq 24 2003,
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City",
and SOLUTIONS FAMILY CENTER LIMITED L.P., a California limited partnership, hereinafter
referred to as "Subrecipient".
WHEREAS, the City has applied for and received funds from the United States Government
through the County of Sm Diego under the HOME Investment Partnership Act to fund eligible activities
which provide affordable housing opportunities to lower income persons; and,
WHEREA8, the City has ttte need to provide assistance to non-profit public service providers
who provide affordable housiag for lower income persons; and,
WHEREAS, the Subrecipient proposes to develop the Solutions Family Center affordable
housing complex (Project) for lower income households with some assistance from the City; and,
WHEREAS, the City has determined that the required environmental review for the Project
required by the federal government has been completed and the U.S. Department of Housing and Urban
Development (HUD) has approved the release of HOME funds for the Project.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Subrecipient agree as follows:
1. STATEMENT QP WORK
The City has allocated 2001-02 and 2002-03 federal HOME Investment Partnership (HOME)
funds, in the amount of one hundred fifty thousand dollars ($150,000) to the Subrecipient for
development of the Solutions Family Center located in the City of Vista, California. The
Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to
the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit "A", and in
accordance with the terms of reguIatory agreements recorded against the property by the City of
Vista and the County of San Diego for as long as the Project is to support those agreements. The
Subrecipient shall comply with the monitoring, reporting and other actions necessary for the
Project to comply with federal regulations as set forth in the regulatory agreements.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by
June 30, 2004. If the Subrecipient will be unable to expend all of the funds allocated to the
project by the noted date, the Subrecipient shall request an extension from the City for continued
use of the funds on the approved project based on progress made by the Subrecipient towards
completing the subject project, the City will either agree to grant the extension or notify the
Subrecipient that the funds must be reallocated to another eligible activity due to slow project
progress.
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2. DISBURSEMENT OF FUNDS
The City shall release all funds upon the Close of Escrow to the control fund administered by the
Bank of America (“Control Fund”) for the Project. Disbursements from the Control Fund to fund
development of the Project shall be subject to the approval rights of the City of Vista and Bank of
America in accordance with the provisions in their respective loan documents. The City defers to
the determinations of the City of Vista and Bank of America with regard to disbursements from
the Control Fund.
3. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations that are pertinent
to the activities to be funded under this Agreement. The Subrecipient shall maintain tenant data
demonstrating tenant eligibility for services provided. Such data shall include at the minimum
tenant name, address, ethnicity, income level or other basis for determining eligibility, and
description of service provided. This data shall assist the Subrecipifznt in completing the reports
required by federal regulations.
Unless otherwise n&ficd by the City, the Subrecipient shall retain slll financial records,
supporting documents and statistical reports related to the project identified under this agreement
for a period of five (5) years after the termination of all activities funded under this Agreement.
All records subject to litigation, claims, audit findings, negotiations, or other actions must be
retained for five (5) years from the date such action commenced or until completion of the action
and resolution of all issues by the appropriate officials and the Subrecipient has been given
official written notice. whichever occurs later.
If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year
from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to submit a
Single Audit Report to the City. The audit shall cover financial operations of the Subrecipient for
the term of this Agreement and is due not later than one year after expiration of the agreement.
4. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of HOME Investment Partnership Act.
The Subrecipient also agrees to adhere to the terms of the City’s HOME Application and
Subrecipient Agreement and with written agreements made by the City to the County of San
Diego and the United States Department of Housing and Urban Development. The Subrecipient
shall comply with applicable Uniform Administrative Requirements for the HOME Program; the
federal requirements are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations
as described in HOME Program Regulations and regulatory agreements related to the Project
recorded by the City of Vista and the County of San Diego.
5. CHANGES IN USE OF FUNDS
Changes in the use of HOME funds must be approved by the City Council, County of San Diego,
and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the HOME
funds following approval of this agreement, a written request must be submitted to the City for
review by the Council. No change in use of the HOME funds will be permitted by the City
without prior formal approval by the Council.
2
6. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the
provision of services and the equal opportunity employment of personnel.
7. SUSPENSION AND TERMINATION OF AGREEMENT
This agreement may be suspended or terminated if the Subrecipient fails to comply with any
term(s) of the award and/or the award is terminated for convenience.
8. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any HOME funds
allocated by the City on hand at the time of expiration and any accounts receivable attributable to
the use of HOW funds. The Subrecipient shall be required to use any real property under the
Subrecipient's catto1 that was acquired or improved in whole or in part with HOME funds in
excess of $25,000 to either be:
a) Used to meet HOME regulations utltll twenty (20) years after expiration of the
agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount of the
current fair market value of the property less any portion of the vahe attributable to
expenditures of non-HOME funds allocated by the City for acquisition, or improvement
to, the property. Reimbursement is not required after the period of time specified in
paragraph (a) of this section.
9. HOLD HAKMLE§S AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines,
or any damage to goods, properties, or effects of any person whatsoever,.nor for personal injuries
or death caused by, or claimed to have been caused by, or resulting from, any intentional or
negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or
representatives in completion of the project outlined in this agreement.
Subrecipient agrees tu defend, indemnify, and save free and harmless the City and its officers and
employees against any of the foregoing liabilities or claims of any kind and any costland expense
that is incurred by the City on account of any of the foregoing liabilities, including liabilities or
claims by reason of alleged defects in any plans and specifications for the project or facility.
10. ASSIGNMENT OF AGREEMENT
Except as set forth in the Rider to Regulatory Agreement among Subrecipient, the City of Vista
and the County of San Diego, the Subrecipient shall not assign this agreement or any monies due
thereunder without the prior written consent of the City.
11. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each of the
5
12.
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parties hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in HOME funds andlor other
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a
combined policy of worker's compensation and employers liability insurance from an insurance
company authorized to do business in the State of California which meets the requirements of
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager.
This insurance shall be in force during the term of this agreement and shall not be canceled
without thirty (30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. 'Ke Subrecipient shall furnish
certificates of insurance to the City before cammencement of work.
4
Executed by Subrecipient this f 0 day of fUL% , 20E.
SUBRECIPIENT: SOLUTIONS FAMILY CENTER, L.P.., CITY OF CARLSBAD, a municipal corporation of the State of California
tor Y Community Housinguks,
ATTEST:
By:
North County Solutions for Change, tnc., a California nonprofit public benefit corp.
(Proper notarial actknewledgmgflt of execution by Bubrdplent must be attached.
Chairman, president or vice+president and secretary, assistant secretary, CFQ or et$@Bistant treasurer
must sign for oat'porations. Otherwise, the corporation must attach a resolution certified by the secretary
or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
GmL&rLJkLr drrORy,
Name and ntk of Ofhcer (e's 'Jane Doe Notary Pubhc")
CO! before me,
Date
personally appeared GsAhs kREs~o-3
Name($) 01 Sgner(s)
&ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(sf whose namw islm
subscribed to the within instrument and
acknowledged to me that W/she/tbey executed
the same in bis/her/W authorized
capacitym and that by -hislherkkir
signaturwon the instrument the personfs)ror
the entity upon behalf of which the persow
acted, executed the instrument.
' Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document. -L kbfla ~d\JESTf"bJ~~**~hP&d~ -7
Document Date:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - Limited 0 General
0 Guardian or Conservator
Q 1999 National Notary Association 9350 De Solo Ave P 0 Box 2402 - Chatswooh CA 91 313 2402 www Mhonalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6027
. .2
Pa &3 before me, nbl,.d- /5 - ,e ’ IDATE) ITLE OF OFFICER-i.a.’JANE DOE. NOTARY PLIBLIC’I
personally appeared .ec c w&tS%J
INAMElSl OF SIGNERISII
personally known to me -OR- 0
whose name(4
acknowledged to me that e:e/they in &&;:heir e uted the
authorized c city&& and that b his er/their signature (a instrument the person(* or the entity upon behalf of which the person(* acted, executed the instrument.
Witness my hand and official seal.
(SEAL1 L.\L CM- (SIGNATURE OF NOTARYY-‘
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document. w3Qj333 c spLL/ ._
THIS CERTFICATE
MUST BE ATTACHED
TO THE DOCUMENT Nwnbsr of f‘ogoi ‘7 d of Document 7/&/=>3 ’ Tnk or Typs of Document A 4 a <&. Jj-&-Ui4, CIL, -j*
DESCRIBED AT RIGHT: c A,
CAPACITV CLAIMED BY SIONERIS)
OHOIVIWAL(S)
OCORPORATE
OFFICERIS)
1111115
OPARMER(S) OLIMITED
OAITORNEY IN FACT
OTRUSTIEEIS)
0GUARDIANICONSERVATOR
OOMER:
OGENERAL
SIONER IS REPRESENTINO
INmnw of Rrsonfs) or Entitylki)
RIGHT THUMBPRINT (Optbnaw
CAPAMY CLAIMED BY SIONERIS)
OINDIVDUALIS) .
OCORPORATE
OFFICERIS)
Illll€S
OPARTNERIS) OLIMITED
OAITORNEY IN FACT
OTRUSTEE(S1
OGUARDIANKONSERVATOR
OOTHER:
OGENERAL
Sgner{s) Other lh~ Nomod Above b 6 qa r( A &4, .j L
SIONER IS REPRESENTINO
(Name of Psrsonls) or Entity(km1
WOLCOTTS FORM 03240 Row. 3-94 Iprica dN1 8.2A) MI. PURPOSE ACKNOWLEOGMENT WTH SIGNER CAPAClTYlREPALSENTATlON~O FINGERPRINTS
Q!994 WOlCOTTS FOAMS. INC.
EXHIBIT "A"
CITY OF CARLSBAD
HOME INVESTMENT PARTNERSHIP PROGRAM
SCOPE OF WORK
Contract Term: July 1, 2003 to June 30,2004
Subrecipient Name: Address: 1820 South Escondido Blvd.
Solutions Family Center Limited L.P.
Escondido, CA 92025
Project Description: Development of Solutions Family Centex, a regional affordable housing complex
for homeless families in Vista, CA..
Project Goals & Objectives: (Please AttaGh Ad@bnal She@& As Nax3t?ssaty,)
1. HOME funds will be umd to fund the folbwing a@fMIes it3 campliWice with W project description
outlined and in conJoPmance with the Federal reQdatiwts for the HWE program: (Please specify if HOME funds will be used tu fund costs associated with staffing, rents, ut/lites, sup@b, etc.)
Funds will be u$ed for development of the Solutions Family Center, a regional a#Wble housing
complex for hamaless familes.
2. Project objectives to be accomplished during the contract period: (Please desorb the specific
services or activities to be provided to low/moderate income Carlsbad residents with the HOME funds
awarded. If applkab/e, please provide a target objective for the number af personshouseholds to benefit from the Subrecipient's services/project.)
Subrecipient will develop the Solutions Family Center to serve as a regional transitional housing complex
for homeless families.
3. Project objectives performance measures:
a. Maintain records, invoices, and relevant statistics supporting the quarterly reports.
b. Provide a final performance report, including an evaluation report of the project's success in
meeting established goats, to the City of Carlsbad Housing and Redevelopment Department
within 15 days of termination of the eontract date.
Provide notification to the City of any audits or investigations including results, findings, and/or
liens.
c.
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EXHIBIT “B”
CITY OF CARLSBAO
HOME INVESTMENT PARTNERSHIP PROGRAM
Contract Term : July 1, 2003 to June 30,2004
Subrecipient Name:
Address: 1820 South Escondido Blvd.
Solutions Family Center Limited L.P.
Escondido, CA 92025
Project Description: Development of Solutions Family Center, a regional affordable housing complex
for hometess families in Vista. CA.
Project Budget: All grant funds will be used to help pay for costs related to development of the Botutions Family Center,
7