HomeMy WebLinkAboutCC 5 REHAB PRIV PROP'S 03-07-88DATE: NARCH 7, 1988 ~ I
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTHENT
PROPOSED CONTRACT WITH COUNTY OF ORANGE FOR PROVISION OF
REHABILITATION OF PRIVATE PROPERTIES - 13TH YEAR HOUSING AND
COMMUNITY DEVELOPMENT PROGRAM
RECOMMENDED ACTION
It is recommended that the City Council approve the attached contract as
submitted.
BACKGROUND
Enclosed is a proposed contract between the City and the County of Orange which
implements the portion of the City's 13th year Housing and Community Development
(HCD) Block Grant application described as Rehabilitation of Private
Properties. On December 15, 1986 the City Council approved the City's 13th year
HCD application which recommended HCD funds be allocated to the Rehabilitation
of Private Properties. The Orange County Board of Supervisor's approved the
City's 13th Year HCD application on May 13, 1987 and specifically approved
$40,000 for the rehabilitation project. The ($40,000) funds, will be utilized
for low-interest loans, deferred payment loans, grants or rebates for home
improvement of privately owned properties.
The City Attorney has reviewed the contract and finds it acceptable.
Ma/ry ApffChamberl~in,
Associate Planner
C~r'istine A. Sh)n¥1e~o)~/
Director of Community~D'evelopment
MAC: CAS: ts
Attachment: Contract
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Contract No. C40529
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HOUSING AND COMMUNITY DEVELOPMENT CONTRACT
TITLE OF PROJECT: Tustin - Rehabilitation of Private Properties (M15.1)
MEMORANDUM OF CONTRACT entered into this day of
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BY AND BETWEEN
CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as CITY.
and
COUNTY OF ORANGE, a political subdivision of the
State of California and recognized Urban County
under the Federal Housing and Community
Development Act of 1974 Public Law 93-383), as
amended, hereinafter referred to as COUNTY.
WHEREAS, COUNTY and CITY previougly entered into a Cooperation Agreement,
dated October 9, 1984 in which both parties agreed to cooperate in the undertaking, or
assist in the undertaking, of community development and housing assistance activities,
and ~
WHEREAS, the CITY has submitted to the COUNTY an application for funding of
a project hereinafter described, and
WHEREAS, the COUNTY ~as entered into separate agreements dated September 1, 1987
with the U.S. Department of Housing and Urban Development (hereinafter designated as
HUD) to fund said project under the Housing and Community Development Act of 1974
(Public Law 93.-383), as amended (hereinafter referred to as ACT).
WHEREAS, the COUNTY has established a Home Improvement Program and has
entered into individual agreements to administer said program with HUD, California
State Department of Housing and Community Development and a local lending
institution(s), and
WHEREAS, the CITY has requested COUNTY to implement the CITY's Housing and
Community Developmgnt Project entitled Housing Rehabilitation and funded from Block
Grant funds (M15.1) for Forty-Thousand Dollars and no/100 ($40,000.00).
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties that the
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Contract No. C40529
following provisions listed as well as all applicable Federal, State and County laws
and regulations including the attached SPECIAL PROVISIONS, identified as Exhibit "A",
and Exhibits "B" and "C", are part of this Contract.
1. The COUNTY will administer CITY Community Development Block Grant
Rehabilitation funds to implement the Housing Rehabilitation Project described herein as
project, which will provide low-interest loans, deferred payment loans, grants or
rebates for home improvement of privately owned properties in the CITY's. target area and
spot housing rehabilitation Within the CITY's boundaries (see attached map Exhibit "B"),
in accordance with the COUNTY's Home Improvement Program (see Exhibit "C" of this
Contract) as approved and amended from time to time by the Board of Supervisors. All
rehabilitation of single family residential units will benefit low- and moderate-income
families and rehabilitation of multi-family residential units will principally benefit
(minimally 51%) low- and moderate-income families.
2. The total project funds available for loans, grants and rebates and
administrative costs hereinafter provided for in Section 5 of this Contract will not
exceed Forty Thousand Dollars and no/100 ($40,000.00).
3. The CITY agrees to advertise the program and to provide outreach efforts to
prospective clients on an ongoing basis to promote loans, grants and rebates from
available project funds. It is agreed by all parties that the project shall be
completed and all funds provided through this Contract shall be expended on eligible
project activities prior to December 31, 1988. The date for project completion and
expenditure of all funds may be extended by the Director of the Orange County
Environmental Management Agency or his designee through written notification to the
CITY.
4. The CITY agrees to provide appropriate office space to the COUNTY, as needed
for the project, including use of a desk and a telephone.
5. The CITY agrees to pay ~p to 20%'administrative charges-from project funds
identified in Section 2 of this Contract. When the project is completed, any remaining
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Contract No. C40529
unexpended administrative funds, not to exceed 20% of the total project funding amount,
will be allocated to the Countywide Rehabilitation Administration account.
6. Whenever available and feasible, funds may also be used to administer
the CITY's RUD 312 Program. Other funding sources once approved by the Board of
Supervisors for the Home Improvement Program may be added to this agreement by mutual
consent of the Director of COUNTY's Environmental Management Agency and the CITY.
7. All program income pursuant to 24 CFR 570.506(c) which may be derived
fr~m funding through this contract will be allocated to and will be used to further
the Countywide Rehabilitation Program.
8. Neither COUNTY nor any officer nor employee thereof shall be responsible
for any damage or liability occurring by reason of any action or omission of CITY or
its agents, associates, contractors, subcontractors, materialmen, laborers, or any
other persons, firms, or corporations furnishing or supplying work service,
materials, or supplies in connection with CITY's performance of this Contract and
from any and all claims and losses accruing or resulting to any persons, firm or
corporation for personal injuries or property damage resulting from or as a
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consequence of, CITY's performance of this Contract under or in connection with any
work, authority or jurisdiction delegated to CITY under this Contract. It is also
understood and agreed that, pursuant to California Government Code Section 895.4,
CITY shall fully indemnify, defend and hold COUNTY harmless from any liability
imposed for injury (as defined by California Government Code Section 810.8)
occurring by reason of any action or omission of CITY under or in connection with
any work, authority or jurisdiction delegated to CITY under this Contract. CITY
shall act in an independent capacity and not as officers, employees or agents of
COUNTY.
9. Neither CITY nor any officer nor employee thereof shall be responsible
for any damage or liability occurring by reason of any action or omission of COUNTY,
its agents, associates, contractors, subcontractors, materialmen, laborers, or any
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Contract No. C40529
other persons, firms, or corporations furnishing or supplying work, service,
materials, or supplies in connection with COUNTY's performance of this Contract and
from any and all claims and losses accruing or resulting to any persons, firm or
corporation for personal injuries or property damage resulting from or as a consequence
of COUNTY's performance of this Contract, under or in connection with any work,
authority or jurisdiction delegated to COUNTY under this Contract. It is also
understood and agreed that, pursuant to California Government Code Section 895.4, COUNTY
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shall fully indemnify, defend and hold CITY harmless from any liability imposed for
injury (as defined by California Government Code Section 810.8), occurring by reason of
any action or omission of COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Contract. COUNTY shall act in an
independent capacity and not as officers, employees or agents of CITY.
10. In the event of CITY's failure to comply with the provisions of this
Contract, COUNTY may withhold funds and/or terminate this~Contract and allocate
funds previously assigned to this Contract to another eligible project(s) within the
Urban County.
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Contract No. C40529
IN WITNESS WHEREOF, CITY has caused this Contract to be executed by its Mayor
and attested by its Clerk; COUNTY has caused this Contract to be executed by the
Chairman of the Board of Supervisors and certified by Clerk of the Board, all having
been duly authorized by the City Council of CITY and the Orange County Board of
Supervisors.
CITY OF TUSTIN
Dated: By
Mayor
City Clerk
Dated: 'By
COUNTY OF ORANGE, a political subdivisioh
of the State of California
Chairman of the Board of Supervisors
COUNTY
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By .' ~' ~ -
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JMH: maWPS- 5.1
1/13/88
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