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HomeMy WebLinkAboutResolutions - No. 87-146RESOLUTION 87-146 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING OF COMMUNITY BLOCK GRANT FUNDING HOUSING REHABILITATION SERVICES BE IT RESOLVED that the City Council of the City of Lodi does hereby approve the Memorandum of Understanding dated October 21, 1987 between San Joaquin County and the City of Lodi to establish an agreement between the County and City with regard to the use of Block Grant funds for the City of Lodi's Housing Rehabilitation Program, which is to be jointly administered and carried out by the County of San Joaquin and the City of Lodi, a copy of which is attached Marked Exhibit A, and hereby made a part hereof. Dated: October 21, 1987 I hereby certify that Resolution No. 87-146 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 21, 1987 by the following vote: Ayes: Councilmembers - Hinchman, Pinkerton, Reid, Snider, and Olson (Mayor) Noes: Councilmembers - None Absent: Councilmembers - None Alice M. Reimche City Clerk 87-146 MEMORANDUM OF UNDERSTANDING HOUSING REHABILITATION SERVICES TNTRnni1CTTnN The purpose of this memorandum dated October 21, 1987, between San Joaquin County and the City of Lodi is to establish an agreement between the County and City with regard to the use of Block Grant funds for the City of Lodi 's Housing Rehabilitation Program, which is to be jointly administered and carried out by the County of San Joaquin and the City of Lodi. WORK PROGRAM The County agrees to carry out those activities specified as County activities under the scope of services (Attachment A) in implementing the City's Housing Rehabilitation Program. BUDGET AMOUNT The City of Lodi has allocated $157,000 of Block Grant funds for this activity. The County agrees to incur costs, not to exceed the allocated amount and for service rendered under Scope of Services, under Appendix A. The county shall be entitled to receive reimbursement not to exceed $23,550. IISF nF nimnC Use of Funds pursuant to this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570; other regulations governing the Block Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this agreement. Community Development Block Grant regulations are incorporated herein by reference. In addition, the City and County agree to comply with other applicable laws, including Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and Executive Order 7#11053. The housing rehabilitation activity must be designed, or so located, as to assist lower income persons, eliminate slums or blighted conditions on a spot basis, or meet an urgent community development need, health or safety condition. PERIOD OF AGREEMENT This agreement shall be in force until all the funds allocated for this activity have been expended; or until 12 months have elapsed from the signing of the agreement, or whichever shall occur first; or within 30 days notice, by either party, of its intent to cancel the agreement. SCOPE OF SERVICES The City and County agree to carry out all those activities specified in Appendix A, and in accordance with the goals, policies, and guidelines specified in Appendix B. -1- UC(;RFN4 /TYTn nl R REIMBURSEMENT FOR SERVICES RENDERED San Joaquin County will be reimbursed for services rendered consistent with allowable activities under the Scope of Services. All costs incurred must be for eligible Housing Rehabilitation Block Grant activities. Reimbursement for administrative services will be made monthly and claim forms will be supported by primary source documentation to be submitted to the City for its approval. REIMBURSEMENT FOR HOUSING REHABILITATION WORK The County shall be responsible for receiving and processing claims from contractors for work performed. The City shall have final approval of all progress and final claims for payment. ADMINISTRATIVE AND MANAGEMENT RESPONSIBILITIES The administrative responsibilities for implementing the Scope of Services contain in Appendix A jointly rest with the City and County. It shall be the responsibility of the Deputy Director of the Department of Planning and Building Inspection to ensure that the program is carried out in compliance with applicable (Federal or State) regulatory or statutory requirements and/or supplemental guidance issued by the funding agency or department. The City shall jointly be responsible for certifying the eligibility and appropriateness of costs incurred and shall acknowledge such certification in the submittal and approval of claims for reimbursement. MONITORING/EVALUATION The City shall have the right to review program records at any time after 5 days notice has been given to the County. UAL OPPORTUNITY IN PARTICIPATION Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with all requirements imposed by or pursuant to the Regulations of the Department of Housing and Urban Development (24 CFR Part 570.601) issued pursuant to this Section, no person in the United States shall on the ground of race, color, religion, sex, age, handicap, national origin or any other basis prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with the community development funds. Specific (not exclusive) Discriminatory Actions Prohibited: The Agency may not directly or through contractual or other arrangements, on the ground of race, color, religion, national origin, age handicap, sex or any other basis prohibited by applicable law: a. Deny any facilities, services, financial aid, or other benefits provided under the program or activity. b. Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different form from that provided to others under the program or activity. -2- UCr-QPW8 /TYTn n1R C. Subject to segregated or separate treatment in any facility in, or in any matter or process related to receipt of any service or benefit under the program of activity. d. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR LOWER INCOME RESIDENTS The City and County will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This act requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. In all solicitation for bids, the contractor must, before signing the contract, provide a preliminary statement of the work force needs and plans for possible training and employment of lower income persons. When the City and County utilize the bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause shall be inserted as a component part of any contract or subcontract. If the City and County solicits or requests an invitation for bids, every effort feasible will be made to contact minority organizations for a response to the solicitation or invitation for bidders. NONDISCRIMINATION IN FEDERALLY -ASSISTED PROGRAM In accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) in the sale, lease or other transfer of land acquired, leased or improved with assistance provided under this Agreement, the deed or lease for such transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon. The Agency will comply with Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended and will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing. PROVISION OF THE HATCH ACT Neither the City program nor the funds provided therefore, nor the personnel employed in the administration of the program, shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code. LEAD BASE PAINT Any grants or loans made by the city for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead base paint hazards under 24 CFR Part 35, as amended. -3- Cr.RPuA/7YTn n1R IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove written. ATTEST: JORETTA J. HAYDE Clerk of the Board of Supervisors of the County of San Joaquin, State of California By (SEAL) Deputy Clerk APPROVAL RECOMMENDED County Dept. of Administration By County Administrator APPROVED AS TO FORM: JOHN F. CHEADLE, County Counsel By Sandra Michael Affonso Deputy County Counsel COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By GEORGE L. BARBER, Chairman Board of Supervisors San Joaquin County CITY OF LODI B7 - EVELYN M- Olson, Mayor City of Lodi ATTEST M. RtIMCHE City Clerk HSGREHA/TXTD.OIB -4- APPENDIX A SCOPE OF SERVICES This city and county agree that the following activities as specified below are the responsibility of each party to this Agreement. County Activities 1. Initial Application Intake 2. Loan Applicant Eligibility Determination 3. Preliminary Housing Rehabilitation cost Estimate 4. Bank Application Processing 5. Housing Rehabilitation Work Write-up 6. Formal Bid/Review Process 7. Notice of Award 8. Notice to Proceed 9. Processing of Progress Payments 10. Request for Contractor Lien Release 11. Contractor Final Payment 12. Notice of Completion City Activities 1. Final Loan Underwriting Decisions 2. Progress Inspections - Building Code 3. Authorization of Progress Payments 4. Authorization of Final Payment -5- NCr,2FHA/TYTn n1R APPENDIX B HOUSING REHABILITATION GOAL The City of Lodi will attempt to encourage the rehabilitation of all eligible residential structures located within the east side target area (refer to map Attachment A) through the following types of activities and assistance: 1. Informational Outreach Display advertisements will be published periodically in local papers of general circulation. 2. Inspection of Property Upon request of the owner, individual housing unit inspections will be made, and deficiencies pursuant to the Uniform Housing Code will be noted. An inspection summary will be prepared for use as a guide for corrective action. 3. Financial and Technical Assistance Financial and technical assistance will be offered to owner -residents to encourage the rehabilitation of units to Uniform Housing Code Standards to eliminate code violations. -6- UtZrOCUA1rVTn A1R Policies To encourage the rehabilitation of owner occupied single-family residential structures to a level consistent with Uniform Housing Code Standards, to ensure the elimination of health and safety violations, and to protect the general public. To provide a level of financial and technical assistance to low and moderate income residents within the east side target area of Lodi, in a manner consistent with the availability of program resources, types of loans, and loan limitations. To ensure the confidential treatment of applicant information consistent with Federal and State laws and regulations. To ensure that policies and procedural guidelines are consistent with Federal and State program requirements. _7- WC^QCWA/TVTn nip El;gible Rehabilitation Work Activities 1. Immediate Hazards to Life & Safety (Emergency) The following list list of repairs are those which are deemed necessary by the inspector to eliminate an immediate threat to life and safety of an individual. Such repairs may include, but not be limited to: a. Repairs to correct failing structural components of the building. b. Electrical repairs to correct conditions which are likely to result in a fire or threaten life. C. Plumbing repairs which involve exposed sewage, unsafe drinking water and water heaters. d. Mechanical system repairs. which involve conditions likely to result in a fire or leakage of gas which may result in death. e. Other repairs needed to correct conditions which could be life threatening. 2. General Housing Code and Health and Safety Code Items The following list of repairs are those which are necessary to eliminate inadequate or improperly installed electrical, plumbing, heating fixtures and structural conditions which, though not life threatening, represent deteriorated and/or inadequate housing. Such repairs may include, but not be limited to: a. Repairs necessary to eliminate Uniform Housing Code and Health and Safety Code deficiencies. b. Repairs necessary to correct electrical defects, plumbing defects, and heating system defects. C. Repair or replacement of poor structural conditions. d. Additions or alterations to reduce overcrowding or eliminate barriers to elderly/handicapped persons. e. Installation of fixed fire detection devices and other devices which prevent or minimize hazardous conditions or situations. 3. General Home Improvements a. Home security improvements including, but not limited to deadbolts, window locks and alarm systems. b. Energy conservation, weatherization improvements. -8- �4CCQCWA/TYTn nip 4. Order of Priority Priority is established by order of owner request. Applications will be date stamped and numbered in the order received by San Joaquin county. In consultation with the City Building Official, the County Building Official may amend the application order if the applicant fails to complete the application process after two notifications, or if the City or County Building Officials receive documented health or safety violations. 5. Other Administrative Procedures Loan Dispute and Reconciliation The City of Lodi Community Development Director, City of Lodi Building Official, Program Manager of the Grants Management, Office of San Joaquin County and the Deputy Director of Buildings of San Joaquin County, will review all disputes associated with the loan and rehabilitation activities. The decision of the program administrators is final, with no further recourse at the City or County level. A loan applicant may appeal the administrator's decision to the appropriate funding agency. -9- W1ZrDCU11 ITVTr) MQ ATTACHMENT rlUUJ1NU KtrljXD1L.1 1 H I IV1V