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Home My WebLink About84-53 s i I I I i 1 RESOLUTION NO. 84--53 2 3 �� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH � AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN 41 THE CITY OF UKIAH AND THE COMMUNITY DEVELOPMENT COMMISSION OF MENDOCINO COUNTY AND AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR A STATE COMMUNITY b DEVELOPMENT BLOCK GRANT. WHEREAS, the City Council finds that the most basic needs that 8 � f may be addressed by the General State Community Development Block are the !' needs for housing Rehabilitation in Enumeration District 269. 10 WHEREAS, the City desires to engage the services of the 11 � Community Development Commission of Mendocino County to apply for and 12 administer a State Community Development Block_ Grant, if funded; 13 NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby 14 i authorizes, and the Mayor is authorized to sign, a Memorandum of 15 Understanding between the City of Ukiah and the Community Development 16 Commission of Mendocino County. 17 I BE IT FURTHER RESOLVED, that the City Council hereby authorizes, 18 and the Mayor is authorized to sign, an application, including assurances, 19 to the California, Department of Housing and Community Development for a 20 State Community Development Block Grant Program consisting of: 21 1 . Empire Gardens Housing Rehabilitation (ED 269) 22 $360,000.00 23 2. Administration 24 $59,250.00 25 Estimated Schedule: 18 months 26 27 28 i i� i L , i i l � PASSED AND ADOPTED this 4th day of April 1984, by the 2 �I following roll call vote: 3 � 4 � ! AYES: Councilmembers Feibusch, Dickens, Hickey, Myers, and Mayor Kelley NOES: None � I ABSENT: None 0 � 1 ' ATTEST: Nf 0 ` Mayor i 10 11 � City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF UNDERSTANDING THIS AGREEMENT, dated for convenience April 19, 1984, is made by and between City of Ukiah (hereinafter referred to as "City") , a political subdivision of the State of California, and the Community Development Commission of Mendocino County (hereinafter referred to as "CDC") , a public body. WHEREAS, the City has determined that it is in its interest to apply to the California Department of Housing and Community Development (HCD) for a State Community Development Block Grant (CDBG) to address serious and basic housing needs; and WHEREAS, the City, for reasons of efficiency and economy, and the expertise of CDC in applying for and administering such grants, wishes to contract for CDC staff services to plan and prepare said application, and to administer the CDBG Program if funded; NOW, THEREFORE, the parties hereto agree to the following: I. Duties of CDC It is hereby agreed that CDC shall perform the following acts and func- tions during the term of this agreement: A. Plan and prepare, for City's approval, an application to HCD for 1984 State CDBG funds. B. Provide the City with full administrative and technical support for application for and obtaining of any State Community Development Block Grant, and for the disbursement of monies upon receipt of grant, during the term of this agreement. C. Upon receipt of authorization to grant monies, CDC shall implement projects specified in the City's CDBG application and request City's drawdown of such grant monies in furtherance of such projects. D. In the implementation of said projects and in the request for dis- bursements of said grant monies, CDC staff shall provide such reports and maintain such files as are required by the State and Federal Governments; shall coordinate very closely with the City Manager and his staff; sham review progress of the applications, projects and expenditures of funds with City's staff at periodic meetings called by the City Manager; and shall work through any committee which is appointed by the City Manager or City Council for purposes of re- viewing and approving staff recommendations for rehabilitation loans and grants. E. Provide for strict accountability of all funds and keep record of all receipts and disbursements in a manner acceptable to HCD and the City Finance Director. F. CDC is responsible to the City for complying with all provisions of the Community Development Block Grant Agreement that are dele- gated to CDC. G. CDC will comply with all previsions of OMB Ciruclar A-87 regard- ing charges for services and such charges will be made on an ac- tual cost rather than fixed fee basis. II. Duties of the City It is hereby agreed that the City shall perform the following acts and functions during the term of this agreement: A. City agrees to cooperate with and to grant CDC staff authority to carry out all duties in Section I necessary to the implementation of projects as specified in the approved grant application under the 1984 State CDBG Program. B. City agrees to request for drawdowns of grant monies pursuant to Expenditure Summary and Payment Request Reports prepared by CDC. C. Whenever in this agreement any consent or approval is required, the same shall not be unreasonable withheld by the City. D. City agrees to pay CDC, for services under this agreement, grant monies designated for administration in HCD's funding approval. Direct project costs, such as salary and travel to job sites by the housing rehabilitation staff, are to be charged to grant mon- ies designated for such projects and to be reimbursed by City pursuant to "B" above. E. City is responsible for monitoring CDC for conformity with the grant agreement provisions. III. Duration of this Agreement This agreement shall be effective as of the date hereof, and shall continue in force and effect until such time as the grant agreement has been successfully closed out by the State. In the event the CDBG Application is not funded, this agreement shall by null and void and have no legal effect. Page of IV. Miscellaneous A. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. B. The executed agreement will be accompanied by a resolution or a minute order from each party to this agreement authorizing exe- cution of same. C. Should any part, term, or provision of this agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California or Federal law or other- wise rendered unenforceable and ineffectual, the validity of the remaining portions of the provisions shall not be affected thereby. D. This agreement is made in California, under the constitution and laws of said State, and is to be so construed. V. Disposition of Acquired Property or Assets All property, real or personal, acquired during the administration of this program shall be disposed of in accordance with the provi- sions of Title 25 of the Administrative Code Sections 7116 and 7118. Any surplus funds contributed to the program by the parties to this agreement and remaining on hand after the completion of the program shall be returned in proportion to the contributions made. VI. Amendments Any amendments or modifications to this agreement must be in writing and mutually agreed upon by the parties hereto. VII. No Separate Entity Created This agreement is entered into and authorized by Section 6500 et seq. of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) . No Separate agency or entity is created by this Agree- ment. The administration and execution of this Agreement shall be by the parties themselves, i.e. , the City and CDC, as specified here- in. This agreement is further specifically authorized by Government Code Section 53703. Page of IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunder, duly authorized, and their official seals to be thereto affixed as of the day and year first above written. CITY OF UKIAH COMMUNITY DEVELOPMENT COMMISSION OF MENDOCINO COUNTY BY ` BY MIKE KELLY, Mayor LAWRENCE D. CAMP, Chairman P,TTEST ATTEST Page of