HomeMy WebLinkAboutResolutions 88-357 N.C.S. 10/24/1988P - ,.
Resolution No.~_~~.~ N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING AGREEMENT WITH SONOMA COUNTY
COMMUNITY DEVELOPMENT AGENCY REGARDING
COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION
WHEREAS, on November 2, 1987 by Resolution No. 87-30? N.C.S., the
City approved a Joint Powers Agreement regarding Community Development
Block Grant funds; and,
WHEREAS, the U. S. Department of Housing and Urban Development
informed Sonoma County of its requirement for an additional agreement;
and,
WHEREAS, it is necessary to execute a County standard agreement to
meet the additional requirements
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
approves the Agreement attached hereto as Exhibit "A"and authorized the
mayor to sign said agreement.
reso.comm.dev.agency
resol0
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (~[~~~rce>~~~'dgtec~t) meeting °~
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on the .241.h-•--•----...... day of .....Qc.tAl~ex ..................................... 19......-., by the
following vote: .......-- ••- ='-------••--•-•-----..-....
~~~ ity Attorney
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis /`,~
~/
NC+ES : 0
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ABSENT: Maya3r z o s
ity Clerk 1Vl~ayor`
(.bunch File......-• ................°.°--.....
cn io-s5 xes. rv~.._88.-3.5.7......... N.cs.
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SONOMA COUNTY GOMMUPIIT,Y DEVELOPMENT COMMISSiON
AGREEMENT WITH THE' CITY OF PETALUMA
FOR, USE OF . FY 1987-88 and 198'8-8'9
COMMUNITY DEVELOPMENT &LOCK GRANT FUNDS
Octobex 28, 19:88
EX~~IBIT A
AGREEMENT .FOR US:E OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
The following is an Agreement, dated fo;r convenience as of Octobsr
28, 1988, by and between the Sonoma County Community Development
Commi,ss~on, hereinafter called °`COMMISSIONW and' the City of `Petaluma
hereinafter called °CTTY°.
WITNESSETH
WHEREAS, COMMISSION adminisaers certain housing and commu°ni.ty
deweiopment activities pursuant to t'he Housing and Community
Development Acts of 1974 and' 1987; and
WHEREAS;, the Hou~s'ing and Community Development Ac,t of 1987 require
that Urban Counties e-xecute grant agreements with each participating
City; and "
WHEREAS, COMMh$SI:ON did on Apr.~l Z, 1;9`87 and Ma,y 10,, 1988., approve
ahe use of $10,00'Q in FY 19,87-88 a'nd $237,b0`0 in, FY 1988-89 -
Community Developm"e~nt Bloclc Grant funds four handicapped ramps, a
rental housing ass;ist'ance: pro,gr.am, Housing Rehabilitation, Petaluma
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Ecumenical Pro°ject M'oun.tain View Si-.te acqu;ston and landbanking,
and Cherry Hills ;predevelopment costs:; and
WHEREAS, CITY ready,, willing and ab_Le to carry out the projects;
NOW THEREFORE, C:OMMISS.LQN and CITY, f:or' a,nd in consideration of the
mutual promises a`nd a'gre'ements hexem contained do agree as follows.
.PART A - S:PEC'IFIC PROVISIONS
1. Ter>m of A reemen CITY agrees t°o provide the service
descr be in thin A"greement for a peri:bd beginning October 31, 1988
a_n,d continuing until November 1, 1.989 unless extended by mutual .
w,ri ten. agreement of t:he parties hereto or terminated pursuant; to
Rant A,, -par-agraph 9.
2. Sco-e of Servic.es:z CITY shall, in a manner. satisfactory to
CQMMhSShQN., perf,or~m t e services: set. forth in Attachment A, attached
hereto a"nd ~inc:or~;porated herein by spec"if.c reference.
5. As~s:igfiment/Delegati.on: Except as provided above, neither
party hereto sAhall assign, sublet o;r transfer any ,n°terest in o,r
dusty under, this Ag;r-Bement w ,hqut written consent of th'e other
and no a'sszgnment shall be of any force or of°fect whatsoever
unless and' until the o her party shat have so consented.
6. Staaus of Contxac.to;r::- The partie intend that ~'ITY, in
p'e~rf;ormsng 'the services herein; spe'c`ified,, shall act as an
indep,ende,nt contractor and shall .have con°t;rol of the wank and the
manner in. which "it is p.e;rformed: CITY is not to be considered an
agent o;r employee of the CO.MMISS'ION and' is no.t entitled to
pa-rticipate in any .pension, .plan,. nsur,ance:,, bonus, 'or similar
benefit COMMISSION provides its employee .
7, Indemnf::cat~o~n CITY shall indemnify,. hold harmless, .
release; an'd dekfend COMMIIS'SI'ON, i.ts agents a_nd employees from and
aga`ns~t: any and ah actions, claims, d,amag:es, disabilities or
expense°s including attorneys:' fees and `wi€;ness' costs that may be
~asse,rted by any person or entity, including CITY, arising out of
or in connection wifh~ the activities necessary to perform the
services and complet°e, tbe. tasks provided f'o.r. h;ere'in whether or
not there is coneurrent passive or act`ve.negligence on the part
of the COMMISSION, but excluding liab ites due to the sole
negligence or willful misconduct of CQMM~IS'SION, This
indemnif ic:atgn oblig:at;on is not limited in any way by any
limitation on the amount or type of damages o.r compensation
payable by or for £LTY o;r its agents under workers' compensation
Acts, disability benefit Acts ~or other emphoyee benefit Acts.
8. Merger: This writing is .intended both as the Final
expression of fhe Agreement between the parties here o with.
respect to the included terms and as a complete and exclusive
statement of .the terms of the Agre.einen't, pursuant, to C.C.P. 18;56.
No modification of this. Agreement, s'ha11 be effective u,nle s and
until -such modification is ew'idenced by a wr,t:ing signed by both
parties.
9. Termination: A~t -:any time and wi hou-t caus!;e,,, the GOMMIS:S'ION
shall have the _ right i-n its sore discretion,, to termna°te this;
Agreement by giving written notice .to ChTY for se~:rv:ces re der;~d
to such date. I`f CITY sha l f.a:il to perf:o~rm any of its
obligations hereunder, within the time and in :th`e manner herein
proavded or otherwise violate any of the terms of this Agreement,
COMMhSSION' may terminate this Agr;eeme;n't. by g, ing CITY written
notice o,f such, ermnaton, stating the reason for such
te,rminat,on. In such event, CITY shall ~be e,ntitled to receive
full payment fo`r till services satisfactorily rendered and
expenses ~incurr:e:d he,reu,nder .
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PART B - GENERAL (fede:raT)•PROVI,SIONS
1:. FAIR HOUSING AND :EQUAL OPPORTUNITY CERTIFICATIONS
Contractor trereby assures and certifies that it will comply
with ths~following Acts and./'or Executive Orders:
a) Civil .Rights; Act .of 1964
Title VI of the Civil Righ;.ts Act of 1964 (P.:L. 88-352)
and rsguaatons pursuant thereto ('Title 24 CFR Part 1 )~
states that no person in the Un ed States shall, on
t!he ground of race, color, or national origin, be
excluded f r:om partic•ipa,tion in,, b:e denied t-he benefits
of;, or be otherwise subjected to di crimination under
any .program_or activity receiving federal financial
ass,s~tance.. `with re~f~erenc.e to .any real property and
struc;ture(s), thereon w,h~ich are pro-~ded or improved
with he aid of Fe.der.al fnanc;al assistance extended
to CITY, this assurance s`ha11 obligate CITY, or in the
case .of any trait fer, ahe transfe::ree, for the period
during which the real pro;pe:rty' and structure (s) are.
used for a purpose for which the Federal financial
assiatance extended or for. another purpose involving
the provision •o•f simila•r s'exvices or benefits.
b) T:itl-e V~I:II of the Ci:vi'1 Ri hts Act of 1958
(PL 9;0-284 - Fair Housing Act
T. le ~VI:LI provides that it is; t.h:e; policy of the Unit-ed
States to~ proyid!e, within constitutional limitations,
for fa~ir_ housing throu;ghou~t the United States and
prohibits, a•ny person from discriminating in the sale oz
renaal of 'housing, the f i_n'anc`ng of housing, or the
prov;so_n of brokerage services, including in any way.
making un~ava>ilable orr denying a r]weling to any person,
because of race, color, religion, sex, or national
origin.
c) E'xecu~tive Order 11063 -Equal Qpportun;ity in Hou i'ng
E:xeeu -ive. Order 11063 prohibits d.scri~m,nation because
of race, color, creed, sex or na-tonal origin in
housing and relaxed fachities provided with Federal
~f~:nanc,~ial ass stance,.
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3. Thee Contractor ~wi send to each labor-
orga'nization or representative of workers with
which he has a collective bargaining agreement or
other contrac or understanding, if' any, a notice
advising the said labor organizaaion or workers'
repzese;ntat>ve of; his commitments under this
Section 3 cfiau a and sha3,1 post copies of the
notice in conspicuous place available to
employees and applicants for employment or
tr°aining.
4.. The Contractor will include this Section 3 clause
;n every subcp.n~t;ract for work in connection with
t'he ;p:roject and will., at the a~rection of the
appl'.can°t for or recipient of Federal financial.
as is'tance, take appropriate action pursuant to
the subcontract u;po~n a finding that the
$.ubcontractor'is in violation of regulations
issued by the Secretary 'of Housing and Urban
Dewel-opme;nt, 24 CFR .135. The Contractor will not
subcontract with any Su~bco,naractor where it has
notice _ or knowledge 'th'at th'e 1'a+t:ter has been found
in violation of regu'l;atons, under 24 CFR 135 and
will riot let any subcontract unless the
Subcontractor has f i:r'st p'rov.ided it with a.
prelm'ina;ry statement. of ability to comply with
the requirements. of these regula;,tions.
5. Compliance with the prov-lions of Section 3., the
regulations set forth in 24 CFR 13:5, and, a l
applicable: ru es and orders of the Department
issued `the.'re'un'der prior to the- execution of the
cont:r,ac~t, shall 6e a condition of the, Federal
financial asssta°nce provided to the project .,
binding upon the applicant or recipient for such
assistance, its. successors, and assigns. Failure
to fulf=ill the a requirements shall subject. th:e
appl;ca'mt or recipient, it Contractors and
Subcont;ractor,s, its successor's,, and assigns to
those sanctions specified by th:e gr~arrt, :o~r aoan
agreement or contract through which Federal
assi ta~nce is ~p:rovded; and. to such sanctions as.
are spec~f ied by 24 CFR 135
Lf COMMI"SShON should dete:rm;ne that CITY not using'
:funds in accordance w.iEh th Agreeme'nt,, COMMLSSION may
order an audit` of CITY's books and financial program
recoxds. The cost of this audit shall be ded°ucted from
the total paid to CITY urtder ahis Agreement. CITY
ag°r.ee t.ha in the even that the program ~ established
here'w:ith is subjec.tea 'to °audit exceptions by
COMML5SI'ON, Saa,te and/o-r Federal: agencies, it sfia11 be
responsible for complying with,all exceptions and will
pay'to COMM,I'SShON th.e furl amount o,f COMMISSION's
liabiai`ty to the State and/or Federal government
resulting from such exceptions,
c) Conflict of .Inte:res~t
1. Inte;res;t of Members of a City or .Count No
men er,s of t e governing body of a City or County
and no other of'f iee~r, :employee, or agent of the
City or County who ex<e-reses any functions or
responsibilities in co'nnec.tion with the planning
and ca,r,rying out :of the psb.gram, shall have any
pera"ona`1 financial interest, direct or indirect,
in this.Agreememt; and .thee CITY s~ha1T take
appr:opr:ate steps to .assur'e compliance.
2. I'nte:rest of Other Loca P:ublie Officials: No
membe=rs o'f the governing body of the locality and
rio other public offc,al of such locality, who
exercise any function o:r responsibilities in with
the planning and carrying out of the program,
shal have any personal financial irate-re t, direct
or~indir;ec:t, in th Agreement; and the CTTY shall
take appropriate steps Go a_ssu.re compliance.
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g) Other Program Requirements
Where applicable, t-his Agresment•is subject to the
following:
Federal labor sta,nda°rds.
Environmental sta?ndards,
National ,Flood Ln urance Program.
RelocatiAn and.Acqus.ition Act..
Lead-based pain .
Use of deb`ar'red, suspended, or ineligible contractors
or subrecipients.
D'spaacemen't.
IN WITNESS WHEREOF, the pa.rt~ies hereto have. executed this
instrument or caus:e.d this Agreement to be executed by their duly
authorized .Agents this ~ day of , 198_.
COMMISSION
`By
Janie' V',. Walsh, ,Executive Director
Sonoma :Co;unty Community Development
Commisso-n
CITY
By:
M. Patricia Hllgoss, Mayor
City of Petaauma
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ATTACHMENT B.
B,UDGE;T
CITY .OF PE,TALUM'A
FY 19.:87-8'8 Handicap Ramps $ 10,000.00
FY 19'88-89 Rental AssiFstance Program $ 5,000.00
FY 198-8-89 Handicap Ramps $ 10,000.00
. - TOTAL $ 2 5_. 0 0 0 .0.0
PAYABLE TO CITY
PROJ'ECT:S ADMINISTERED BY COMM'IS$ION*
FY 198'8-89 Petaluma Ecumenical Projects -
Mountain View Site Acquisition $ 75,000.00
FY 1988-8'9 Petaluma Ecumenical Project
Landba~nking 27,500.00
FY 1.9:8:8-89 Housing Rehabiliatio`m 100,000.00
FY 1988-8;9 Burbank Housing De,ve o.pment
Corporation - Cherry Hills
Predevelopment Costs 20,000.00
TOTAL X2.22.500.00
TOTAL ALL PROJECTS ~2~4.7., 500 ..~0.0
*C'~.ty and Commission agree that Commission will admin.st~er these
~proje.cts directly on behalf of City.
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3. Def°initions and Terms
(a) The .Section 3 project ar:e:a i aef fined as Son_om'a County .
(b) Elig.b-he busineas concerns are defined as:
(1) Bus,ineas concerns located~wit'hin the designated
Section 3' project axes which.qu,`alify as small
under the Small Business Administration.
(2) Bu ~iness concerns which a~r:e 51$ or more owned by
persons re icing w`it~h,in. ,the` Sec't,ion 3 area which .
ar.e elgi'~ble because of their being cons.ider;ed by
the; Small Business Administration as socially or
economical y d.isadvan;taged and which qualify as
small under the Small Business Administration
standards .
(c) Lower-ncome,projec.t area residen s are defined as
residents whose family income doe no't exceed '8.0$ of
the medan.income of the Santa Rosa Saandard
Metropoli'ta•n Statistical Area CSMSA').
4. Contras ual Requirements
In all contracts for work .n connec,t;ion with a Community
Development pro°jec.t, the following clause (referred to as
Section 3 clause) will be in¢1uded:
(a) The wok to be performed under this' ~cont,ract is on a
project assisaed under a program. providing direct
Federa-l financial assi tance and :is subject to the
re.quremen s of, Section 3 of the Housing and Urban
Dewelopmem.t Acct of 196!8, as amended by 12 U.S.C.
Y7"Olu. Section 3 requxe,s that, to the greatest extent
feasible;, oppor>tunitiea. for training and employment be
gve`rr lower income resden°.ts of the project area and
contract`s for work in connection, wlt_h the ,proj.ect ;be
awarded .to business concer-ns which are -loca°ted :in;, or.
owned in substantial part by pers'onS residing in the
area of the project.
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5. Seca,on .3:Compl;ance
As'surance_s required by the United States Department of
Ho.u"sing and Ur:ban`Development have been made by the County
of Sonoma has t.o t-he greatest e;xae_nt f:eas.ible,
co.naract/subcontracts for work o:n HiJp projects be awarded to
eli.g'ible project area busines's co;nce'rms and that to the
g~reates-.t ext'errt feasibl:e,, vacancies in the
contractors/subc,ontractors work force be filled with lower
income project ar"ea reside-n;ts.
To a;tt~ain this g,oaT, the Conaract~or s:ha11 develop an
affirma.tiv.e acition plan for utilzing~el.igible project area
businesses an'd lower income pro~jeet. area 'residents or adopt.
the .follo;wing County Af--firmati've Ac ion Plan. The following
requirements are in accordance with the County Plan:
(a) For all work to be su:bcortt;racted, the contractor shall
solicit b;i~ds from local pr'oj:ect area businesses.
(b) The contractor shall notify a•11 union or labor
o-rga'nzations w h which it has collective bargaining
agreements of the con,t;ract:or,'s commitment to comply
with •the Section 3 requ:ir-ement°s ,. and shall request
union cooperation in u-tilizing lower income project
a~re~a re idents
(c) The contractor shall attemp`a, to recruit eligible
pro"je.et ar`ea' re~s`idents to fill; all vacancies in its
work force :by advert:isi•ng in a local newspaper, by
placing s,g;ms: at the project site, by contacting the
local State Employment Off ice and by requesting unions
to refer lower income project area r.es"de~nts.
(d) The con;tractor shall: include w h its proposal, •a list
of the names and addresses and the dollar amount`s of
the subcon'tr,acao.rs bhat the contrac or propo es to
awa;r.d to eligible project area 6u•s-finesses.
(,e) !Pr',ar to construction, the selected con rac_to;r shall
submit to the Community Development Manager the
following documents:
The bidder's affirmative act.io;n plan (if applicable) .
Copies of cont;r-actor's: notices o:r adve.rtisements for
soliciting bids for subcontracts from eligible. project
area 'busine ses.
C'op.ies of contractor's notice to unions requesting
lower income project area residents.
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