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d••S1 County Department Dept. Orgn. Contractor's License No.
Community Development and Housing ECD ECD
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Debbie Kamrani (909)388-0907 $0.00
F A S Contract Type
❑ Revenue ❑ Encumbered ❑ Unencumbered NI Other: Aareement
CONTRACT TRANSMITTAL If not encumbered or revenue contract type,provide reason:
Commodity Code Contract Start Date Contract End Date', Original Amount Amendment Amount
July 1,2009 June 30, 2012 $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
SBA ECD ECD $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
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Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
FY 2009-2010, 2010-2011.
2011-2012 FY Amount 1/D FY Amount I/D
SHRP City/County Agreements NA
CONTRACTOR City of Grand Terrace
Federal ID No. or Social Security No. NA
Contractor's Representative Joyce Powers, CED Director
Address 22795 Barton Road, Grand Terrace, CA 92313 Phone (909) 430- 2225
Nature of Contract:
As the recipient of Community Development Block Grant (CDBG) funds from the Department of Housing and
Urban Development (HUD), the County of San Bernardino (County) operates a Senior Home Repair Program
(SHRP) to provide repair services up to five thousand dollars ($5,000) to individual eligible households. The
County has executed ten (10) agreements with CDBG participating cities to create a partnership with the County
in funding the SHRP per Board approval on August 11, 2009 (Item#42).
The attached agreement describes the responsibilities of each party and authorizes the County to operate the
SHRP on behalf of the city within their jurisdiction
The attached agreement consists of 8 pages and 1 exhibit.
roved as t Legal Form(sign In blue Ink) Reviewed as to Contract Compliance Presen /Js�. igna-
County Coun I Det'"enl Head
Date - Date n_ D '/3- 2p(J9 Date a d7/'7
Auditor/Controller-Recorder Use Only [[[
O Contract Database O FM
Input Date Keyed By
Revised 1/13/2009
JOINT AGREEMENT FOR
SENIOR HOME REPAIR PROGRAM-COMMUNITY DEVELOPMENT BLOCK GRANT
This Agreement is made and entered into this 11th day of August, 2009, by and
between the County of San Bernardino, of the State of California, hereinafter referred to as
"COUNTY," and the City of Grand Terrace, a city within the COUNTY, hereinafter referred to as
"CITY."
WHEREAS, the Housing and Community Development Act of 1974, as amended
(Public Law 93-383), hereinafter called "ACT", provides that Community Development Block
Grant (CFDA 14.218), hereinafter referred to as "CDBG" funds may be used for the support of
activities that provide decent housing and suitable living environments and expanded economic
opportunities principally for persons of low and moderate income; and,
WHEREAS, the Department of Housing and Urban Development (HUD) subsequently
allocated CDBG funds to COUNTY; and,
WHEREAS, CDBG funds have been allocated to CITY and the COUNTY's five (5)
supervisorial districts based on an allocation formula; and,
WHEREAS, CITY previously executed a Delegate Agency Agreement with the COUNTY
to participate in the CDBG program for fiscal years 2009-2010, 2010-2011 and 2011-2012, and
is defined as a participating city; and,
WHEREAS, assisting seniors and disabled citizens is an established need in the County
Consolidated Plan for fiscal years 2005-2010; and,
WHEREAS, the County, through the Department of Community Development and
Housing (CDH), has operated and desires to continue operating the Senior Home Repair
Program (SHRP) to provide minor repairs to low-income senior citizens residing within the
qualified areas of the County; and,
WHEREAS, the SHRP requires a minimum aggregate annual investment from
participating cities or supervisorial districts of$800,000; and,
WHEREAS, all the participating cities, who have executed a Delegate Agency
Agreement, and five (5) supervisorial districts were asked to participate in the SHRP through a
contribution of their CDBG funds; and,
WHEREAS, CITY and COUNTY desire to allocate a portion of their share of CDBG
funds to the COUNTY'S SHRP; and,
WHEREAS, the initial established budget for the SHRP is $888,140, of which $250,000
is dedicated to program delivery costs. Program delivery costs are proportional to each city's
and supervisorial district's allocation to the total program budget.
WHEREAS, the execution of this Agreement is necessary to implement the
administration and expenditure of the CDBG funds in accordance with the CDBG requirements.
Page 1 of 8
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the
mutual benefits to be derived therefrom, the parties agree as follows:
1. GENERAL
This Joint Agreement gives COUNTY authority to undertake SHRP activities on behalf
of CITY. CITY has allocated $16,281 of its fiscal year 2009-2010 CDBG allocation for
the purpose of participating in the SHRP. Should its share of the total CDBG allocation
received from HUD remain the same, they will allocate an equal amount for fiscal years
2010-2011 and 2011-2012. CITY may choose to increase its CDBG allocation to the
SHRP anytime during the term of this agreement without any further amendment to this
agreement. The CITY will notify the designated COUNTY contact in writing of the higher
allocation amount. In the event the CITY's CDBG allocation decreases, CITY may
reduce CITY's SHRP allocation proportionately. COUNTY is responsible for ensuring
funds are spent on eligible SHRP activities within CITY'S jurisdiction.
COUNTY shall be responsible for maintaining complete and separate fiscal accounts for
CITY SHRP funds which come under its control in such manner as to permit quarterly
reports and to permit the tracking of SHRP funds to their final expenditure.
2. TERM
The term of this Agreement shall be three (3) fiscal years or until June 30, 2012 or an
earlier date of termination due to insufficient funding created by either a reduction in
overall CDBG funding from HUD or a reduction in CITY allocation as a result of a
change to the allocation formula. This Agreement may not be terminated and neither
party may terminate its participation in this Agreement during the term.
3. PROGRAM GUIDELINES
The SHRPprovides eligible homeowners with a one-time grant in the form of labor and
materials. This grant helps qualified residents correct code violations and/or health and
safety problems. The assistance is provided at no cost to the homeowner. Repair
services are provided by vendors selected through a Request for Qualification process
conducted by COUNTY. The maximum assistance provided is $5,000 per household or
property.
CITY acknowledges the following SHRP guidelines:
The program participant must:
o Be an owner-occupant of a single family dwelling or mobile home at the time of
application and have owned and occupied property for a minimum of one (1)
year; and,
o Be 60 years of age or older or be permanently disabled as defined by an
approved governing body; and,
o Have an annual gross income not exceeding 80% of the County median
income as established by HUD.
Page 2 of 8
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4. PROGRAM DELIVERY SHARE
Program Delivery Cost is defined as those County costs associated with operating the
SHRP and procedures required to ensure compliance with HUD regulations such as:
application intake, certification of eligibility, issuance of work orders, verification of
completion of work according to industry standards, contractor payments, monitoring,
close out and reporting functions. In addition, Program Delivery will include reasonable
costs for implementation of a marketing plan designed by both CITY and COUNTY staff.
The maximum annual program delivery cost the County may charge is$250,000.
Program Delivery costs will be charged to each city's and supervisorial district's
allocation by percentage in proportion to the total allocation contributed to the program
(CITY allocation _ program total = %; $250,000 x % = CITY share of Program Delivery
Costs).
5. CITY/COUNTY ALLOCATION SUMMARY
The Allocation Summary below demonstrates the initial allocation of SHRP funds as
allocated by CITY and supervisorial district for the SHRP. The CITY Manager or his/her
designee shall be authorized to act on behalf of the CITY and the Director of CDH, or
his/her designee, shall be authorized to act on behalf of the COUNTY in order to make
any changes necessary to meet SHRP needs. Written authorization by both CITY and
COUNTY authorized designees are required for any changes, modifications and/or
additions to the Allocation Summary.
The County of San Bernardino Board of Supervisors and CITY have allocated the
following CDBG funds for use in their respective city/districts:
Allocation Available for Repair Share of
Program Delivery
Grand Terrace $16,281 $11,698 $4,583
First $133,438 $ 95,877 $ 37,561
Second $ 40,535 $ 29,125 $ 11,410
Third $127,240 $ 91,424 $ 35,816
Fourth $ 38,315 $ 27,530 $ 10,785
Fifth $136,751 $ 98,257 $ 38,494
Total $492,560 $353,911 $138,649
In order to implement and carry out its duties pursuant to this Agreement, COUNTY will
utilize the maximum amount available for project delivery costs of the SHRP, which is a
total of $250,000 aggregate per year. The CITY'S and County supervisorial district's
prorated share of Program Delivery costs will be used to offset the expenses directly
associated with implementation of SHRP activities. City funds available for repair shall
only be expended within CITY's incorporated city limits.
6. SENIOR HOME REPAIR PROGRAM COORDINATOR
Prior to execution of this Agreement, CITY will designate a Senior Home Repair
Program Coordinator by filling in the name of said person in the space provided below.
The Senior Home Repair Coordinator is the responsible authority for correspondence
Page 3 of 8
with COUNTY and shall advise the City Council, City administration and City staff as
appropriate regarding the SHRP. Signatory authority for changes to the program or
adjustments in program funding will remain with the City Manager or designee. CITY
may, by written notification as set forth below, change the Senior Home Repair
Coordinator.
CITY's Senior Home Repair Program Coordinator for this Agreement is
Joyce Powers , TITLE: Community and Economic Development Director
7. UNSPENT FUNDS
Annually, subject to Section 1 of this Agreement, CITY will allocate funds sufficient to
sustain its original allocation commitment. At the end of the term of this agreement,
CITY and COUNTY will reevaluate their commitment to the SHRP and determine the
disposition of all unspent project funds. CITY may opt to continue its participation in the
SHRP at a different allocation level or transfer funds to other CDBG-eligible projects.
The COUNTY will reevaluate the minimum threshold level required to maintain the
SHRP for the next three (3) year term. Should the aggregate threshold not be achieved,
the COUNTY will evaluate the viability of continuing the SHRP. COUNTY reserves the
right to terminate the SHRP if in its sole discretion, it would not be economically feasible
to maintain the program.
8. COMPLIANCE WITH ACT AND REGULATIONS
COUNTY and CITY shall comply with all applicable requirements of ACT and its
regulations, in utilizing basic grant funds under ACT, and shall take all actions
necessary to assure compliance with COUNTY certifications required by Section 104(b)
of Title I of the Housing and Community Development Act of 1974, as amended.
COUNTY and CITY will comply with the provisions of the National Environmental Policy
Act of 1969 (NEPA), the California Environmental Quality Act (CEQA), Title VI of the
Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988,
Section 109 of Title I of ACT, the Fair Housing Act, and other applicable federal laws
and regulations. CITY agrees that SHRP funding for activities in or in support of CITY
are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction
or impedes COUNTY actions to comply with its fair housing certification. CITY certifies
that it has existing fair housing programs as part of its affirmative duties.
9. CONFLICT OF INTEREST
CITY and COUNTY shall comply with all applicable federal and state laws, regulations
and policies governing conflict of interest, including state conflict of interest regulations
found in California Government Code Sections 1090, 1126, 87100 et seq., federal
conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any
other applicable policies, rules and regulations related to conflict of interest.
Any person who is an employee, agent, consultant, officer, elected or appointed official
of the CITY, who exercises any functions or responsibilities with respect to SHRP-
funded activities identified in this Agreement and who is in a position to participate in a
decision making process or gain inside information with regard to activities identified in
this Agreement, may not obtain a financial interest or benefit from the SHRP assisted
Page 4 of 8
activities identified in this Agreement or any related contract, subcontract, or agreement,
either for themselves, an immediate family member or business partner, during his/her
tenure. CITY shall maintain written standards of conduct governing the performance of
its employees engaged in the award and administration of contracts.
10. POLICIES
CITY and COUNTY each have and are enforcing the following policies: (1) policies
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations; and (2) a
policy of enforcing applicable state and local laws against physically barring entrance to,
or exit from, a facility or location which is the subject of such non-violent civil rights
demonstrations.
11. INDEMNIFICATION
CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and
hold harmless COUNTY and its respective authorized officers, employees, agents and
volunteers from any and all claims, actions, losses, damages, and/or liability arising out
of this Agreement but only in proportion to and to the extent such liability, loss, expense,
attorneys fees or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of CITY, its officers, employees, agents or
volunteers.
COUNTY agrees to indemnify, defend (with counsel reasonably approved by CITY), and
hold CITY, its officers, agents, volunteers, and employees, harmless from and against
any and all claims, actions, losses, damages and/or liability arising out of this
agreement, but only in proportion and to the extent such liability, loss expense,
attomey's fees or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions of COUNTY, its officers, employees, agents or
volunteers.
12. SELF-INSURANCE
The CITY and COUNTY are authorized self-insured public entities for purposes of
general liability, automobile liability, professional liability and workers' compensation.
CITY and COUNTY warrant that through their respective programs of self-insurance,
they have adequate coverage or resources to protect against any liabilities arising out of
their performance regarding the terms and conditions of this agreement.
13. CITY SUBJECT TO SUBRECIPIENT REQUIREMENTS
Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to
subrecipients for other HUD programs, including the requirements of 24 CFR 570.503
for a written agreement, containing at a minimum, certain provisions. The provisions
contained in Sections 16 through 18 address these minimum requirements, unless
addressed in other provisions of this Agreement.
Page 5 of 8
14. RECORDS AND REPORTS
COUNTY agrees to prepare and submit program progress reports to the CITY quarterly.
COUNTY shall retain such records and supporting documentation for a period of five (5)
years after the termination of this Agreement. CITY agrees to retain any records and
supporting documentation as may be required by this Agreement for a period of five (5)
years after the termination of this Agreement.
15. UNIFORM ADMINISTRATIVE REQUIREMENTS
CITY and COUNTY each agree to adhere to the Uniform Administrative Requirements
identified in 24 CFR 570.502, including, but not limited to, the applicable requirements
and standards of OMB Circular No. A-87 and OMB Circular A-128.
16. OTHER PROGRAM REQUIREMENTS
CITY and COUNTY each agree to carry out all activities pursuant to this Agreement in
compliance with all Federal laws and regulations described in 24 CFR 570.600 though
570.614 (excluding 570-604 and 24 CFR, part 52).
17. AMENDMENTS
This writing with any attachments embodies the whole of this Agreement. There are no
oral agreements. Except as herein provided, any amendments or modifications to this
Agreement shall not be valid unless in writing.
18. NOTICES
All notices shall be served in writing and shall be deemed to have served five (5) days
after deposit in the United States mail, first class, postage prepaid to the following:
COUNTY:
County of San Bernardino
Department of Community Development and Housing
290 North D Street, Sixth Floor
San Bernardino, CA 92415-0040
Attn: Mitch Slagerman, Director
With a copy to:
County Counsel
County of San Bernardino
385 North Arrowhead Avenue, Fourth Floor
San Bernardino, CA 92415-0140
Attn: Ruth E. Stringer, County Counsel
Page 6 of 8
CITY:
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Attn: City Clerk
Each party may change contact information so long as notice is provided in writing to
the other party. The parties may also agree on other or additional forms of
communication of notices so long as any changes are reduced to writing and executed
by the authorized individuals.
19. AUTHORIZED OFFICERS
Except as stated in Section 5 with respect to allocation/program changes, any
nonmaterial changes in the form of amendments may be made by the Director of CDH
or his written designee for the COUNTY and the City Manager or his written designee
for the CITY so long as such changes are reduced to writing.
20. COUNTERPART EXECUTION
This Agreement may be executed in counterparts. When executed, each counterpart
shall be deemed an original irrespective of the date of execution. Said counterparts
shall together constitute one and the same Agreement.
21. EFFECTIVE DATES
This Agreement shall be effective for all purposes when this Agreement and like
Agreements have been executed by COUNTY and CITY and approved by the Board of
Supervisors.
Page 7 of 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year written above.
COUNTY OF SA"ERNARDINalp ' CITY OF G ND TERRACE
By: .Amain a 9 'Pry:
GARY C. OV C' airman MARY A FERR
Board of Supervise Mayor
Dated= $ 20� Dated: C ""//- di
ATTEST
APPROVED AS TO LEGAL FORM By: L YI T7sA[l LJ2 <_x—
BRENDA MESA
RUTH E. STRINGER City Clerk
OUNTY COUNSEL
Dated: F //" 05
By:
MICHEL E D. EMORE
Principal is nt ounty Counsel for CDH
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OFT... : -'
u v R '•
DENA M. SM pv of t_.. t<3 S.
Clerk of the :s.i s.9,cs
of the Co/un Of n.J ( gd f :
By N1 v l 1 ' ' .e� .
1Jo tea. ..
(I .
•• RDi10 L
Page 8 of 8
EXHIBIT 1
COUNTY OF SAN BENARDINO - CITY OF GRAND TERRACE
JOINT AGREEMENT FOR
SENIOR HOME REPAIR PROGRAM-CDBG FUNDS
ALLOCATION/PROGRAM SUMMARY
The CITY has allocated $16,281 in SHRP CDBG funds. Of this amount, COUNTY will utilize the
prorated amount of $4,583 for project delivery costs for SHRP. The remaining grant amount of $11,698
will be allocated for eligible SHRP activities within CITY's incorporated city limits.
CITY has requested COUNTY allocate the following amounts of its designated annual allocation to the
SHRP activity:
Share of
Activity Description Total Activity Project Activity
Allocation Delivery Dollars
Senior Home Repair Program-provides
eligible homeowners with a one-time grant in
the form of labor and materials. This grant
helps qualified residents correct code
violations and/or health and safety problems.
The assistance is provided at no cost to the $16,281 $4,583 $11,698
homeowner. Repair services are provided
by a list of vendors selected through a
Request for Qualification process. The
maximum assistance provided is$5,000 per
household or property.
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