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HomeMy WebLinkAboutResolution No. 2690 0 RESOLUTION NO. 269 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AN AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA GOVERNING THE GRANTING OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE AGENCY FOR CERTAIN APPROVED COMMUNITY DEVELOPMENT ACTIVITIES WHEREAS, the City of Azusa desires to grant a portion of its allocation of federal Community Block Grant Funds to the Agency for the purpose of carrying out specific community development activities; WHEREAS, the Agency agrees to comply with all laws and regulations governing the use of said funds. WHEREAS, the attached Agreement supersedes the Agreement previously approved by Agency Resolution No. 173, adopted on January 7, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA that the Agreement entitled: AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA GRANTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE AGENCY FOR CERTAIN APPROVED COMMUNITY DEVELOPMENT ACTIVITIES is hereby approved and the Chairman is authorized to execute said agreement on behalf of the Agency. PASSED AND ADOPTED THIS 19th day of May , 1986. Cha eman I, Adolph A. Solis, Secretary of the Redevelopment Agency of the City of Azusa DO HEREBY CERTIFY that Resolution No. 269 was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting thereof held on the 19th'day of May 1966 by the following vote to -wit: AYES: BOARDMEMBERS AVILA, COOK, CRUZ, LATTA, MOSES NOES: BOARDMEMBERS NONE ABSENT: BOARDM MBERS NONE �/ Secretary AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA GRANTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE AGENCY FOR CERTAIN APPROVED COMMUNITY DEVELOPMENT ACTIVITIES THIS AGREEMENT, entered into this 19th day of May by and between the City of Azusa, a municipal corporation of the State of California (CITY), and the Redevelopment Agency of the City of Azusa, a municipal corporation of the State of California (AGENCY). WITNESSETH Recitals: 1. CITY is the recipient of Community Development Block Grant Funds (CDBG) from the United States Department of Housing and Urban Development pursuant to Title I of the Housing and Community Development Act of 1974, as amended, through the County of Los Angeles Community Development Commission (CDC) as a participating city under the Urban County Program. 2. CITY desires to grant to AGENCY a portion of its Community Development Block Grant funds for the purpose of carrying out specified community development activities in conformance with the regulations governing the Community Development Block Grant Program (24 CFR Part 570). 3. CITY has approved certain projects to be undertaken by the AGENCY and CITY desires to reimburse AGENCY for expenses incurred by AGENCY in carrying out said projects. 4. By Resolution No.'s 7633 and 173, respectively, the CITY and AGENCY previously approved an agreement providing for the allocation of CITY's CDBG monies to the AGENCY. This Agreement amends and supersedes said Agreement in order to provide the AGENCY with broader authority to utilize CDBG Funds. NOW, THEREFORE, the parties hereto agree as follows: I. AGENCY'S OBLIGATIONS A. AGENCY agrees to use all federal funds provided pursuant to'this agreement for implementing programs to acquire properties for assembly into suitable development sites, to construct public improvements in support of private redevelopment or revitalization, and to undertake other appropriate activities as directed by the CITY. B. AGENCY shall pay all costs to carry out said program using funds available to AGENCY, including but not limited to, tax increments, grants, loans, or other advances. AGENCY shall fully document all costs incurred. C. AGENCY shall use all CDBG funds provided by the CITY pursuant to this agreement in accordance with approved budgets as provided for in the CITY's CDBG Program Memorandums of Understanding (MOU's). Said budgets may from time to time be amended by CITY and the AGENCY shall at all times be subject to said amended budgets. D. AGENCY shall keep records of all funds received from CITY under the terms and conditions of this agreement and shall provide CITY with access to these records upon request. E. AGENCY shall report all program income received from activities which are funded under this agreement. This shall include, but not be limited to, income received from the disposition of real property purchased with CDBG funds. CITY may at its sole discretion permit the AGENCY to retain the program income for carrying out other eligible activities under this agreement. CITY may also choose to off -set subsequent AGENCY requisitions by the amount of retained program income. F. AGENCY agrees to comply fully with all applicable federal, state, and local laws and regulations, including, but not by way of limitation, the Davis -Bacon Act and the Uniform Relocation and Real Property Acquisition Policies Act for projects utilizing CDBG funds. AGENCY shall also comply with all federal provisions cited in Exhibit A attached hereto. II. CITY'S OBLIGATIONS AND METHOD OF PAYMENT A. CITY shall provide the AGENCY with all approved MOU's on contracts with the CDC which specify a role for the AGENCY. Unless rejected by the AGENCY in writing, the AGENCY shall comply with the MOU's. B. CITY shall pay to AGENCY from CITY funds, amounts expended by AGENCY in carrying out said program pursuant to this agreement. AGENCY shall submit to CITY's City Administrator on a periodic basis an invoice detailing such expenses and providing evidence of payment. Said invoices shall be accompanied by invoices, demands, timesheets, and other documentary evidence which clearly describe the nature of expenses incurred by AGENCY. CITY shall pay said invoice within sixty (60) days after receipt thereof provided CITY is satisfied that such expenses have been incurred within the scope of this Agreement and the AGENCY is in compliance with the terms and conditions of the agreement. In the event that costs are disallowed by the Department of Housing and Urban Development, the Community Development Commission, or any authorized instrumentality thereof, the AGENCY shall be liable for the disallowed costs. III. TIME OF PERFORMANCE AND TERMINATION A. The effective date of this Agreement shall be July 1, 1984 and shall extend until terminated in accordance with this Section. 0 0 B. AGENCY shall complete said activities in accordance with the termination date of CITY's agreement with the Community Development Commission of Los Angeles County for each of the project activities delegated to the Agency in accordance with Section II.A. of this Agreement. These termination dates may be amended from time to time. C. CITY may terminate this agreement at any time before AGENCY incurs any obligations within the scope of AGENCY's performance under this agreement. D. CITY may terminate this agreement for any cause by giving written notice to the AGENCY of said termination at least ten days before said termination becomes effective. In such event, all finished or unfinished documents, data, studies, reports, etc. shall, at the option of the CITY, become its property and the AGENCY shall be entitled to receive just and equitable compensation for any costs previously incurred hereunder. IV. HOLD HARMLESS A. AGENCY shall defend, indemnify and save harmless CITY, its officers, employees, from and against and any all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent, intentional or malicious acts, errors or omissions of AGENCY, its employees or subcontractors in its performance of this Agreement. V. INTEREST OF MEMBERS OF CITY No member of the governing body of the CITY or AGENCY and no other public official of such entities, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the AGENCY shall take appropriate steps to assure compliance. VI. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of AGENCY by CITY and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and AGENCY. VII. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. I%. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DATE: 'Z J, ATTEST: CLERK OF THE COUNCIL CITY OF AZUSA a Municipal Corporation State of California MAYOR CITY OF AZUSA REDEVELOPMENT AGENCY a Municipal Corporation APPROVED AS TO FORM: State of California 4t, C TY ATTORNEY CHAI AGENCY COUNSEL