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HomeMy WebLinkAbout1977-08-16; City Council; Resolution 51753 2 7 c 4 E -. e 7 E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 51 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGmEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEIVENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: (1) That an agreement between the City of Carlsbad and the County of San Diego for Management and Imple- mentation of a Community Development Block Grant Project, a copy of which is attached hereto as Exhibit "A" and made a part hereof, is hereby approved. (2) That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of August , 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Skotnicki and Councilwoman Casler NOES : None ABSTAIN : None ABSENT: Councilman Packard Robert C. Frazee, Ma@r ATTEST : c AGREEMENT FOR MANAGEMENT OF A COMMUNITY DEVELOPMENT THIS AGREEMENT entered into by AND PP.IPLEI.,IENTATION BLOCK GRAIJT' PROJECT and between the CITY OF CARLSBAD (hereinafter referred to as "CITY"), and the COCNTY t OF SAN DIEGO (hereinafter referred to as "COUNTY"), WITNESSETH : WHEREAS, there has been ellacted into law Public Law 93-333, the Housing and Community Development. Act of 1974, the prirnary objective of which is the development of viable urban cm"nities by pwoviciing federal assistance for comunity development activi- ties in urban areas; and WHEREAS, County as an "urban county" as that term is used in the Act, is authorized to apply for and accept community.. development grar,ts with respect to its unincorporated territory and with respect to include units of general local government with which it has entered into cooperation agreements'to undertake or to assist in the undertaking of essential community development and housing assistance activities; and WHEREAS, City is a unit of general local government included within the territorial boundaries of County; and WHEREAS, on January 14, 1976, City and County entered into a cooperative agreement for submission of a prososal to the Depart- ment of Xousing and Utban Development (hereinafter referred to as .WHEREAS, pursuant to that cooperation agreement County incorporated the City's proposal for'the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the County's application which was submitted to HUG; and WHEREAS, the cooperation agreement provided that in the even, that the City proposal is approved by HUD as part of the County propdsal and a comtunity development block grant is 'made to the County on account of such proposal the parties heretofore will enter into a supplementary agreement providing for imple- mentation of the City proposal by the County, the City or by cooperative action of the two agencies; and WHEREAS, €IUD has apFroved the County application for community developnent block grant funds; and WHEREAS, it is the desire of the City and the County that. the project be implemented by the City and that the City shall undertake the same obligations to the County with respect to the Project that the County has undertaken to HUD by reason of the fact that the Project is included in its application for the ' . community development block grant program; UOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Work to be Performed. City agrees to implement the Project described in Attachment "A" hereof (entitled "Scope of Work") fully in accordance with the terms of the application made by the County to HUD for funds to carry out the Project and the assurances (HUD Form No. 7015.12) which were submitted con- currently with the application. The application and assurances \ I ! ! j j i ! I ! 1 I j t i I i I. (r 'es agreement farm is hereby incoerated by reference into (' fully as if set forth herein. City agrees that it undertakes hereby the same. obligations to the County 'that the eounty has undertaken to HUD pursuant to said application and # assurances. City agrees to hold County harmless against any idemnity which it may suffer with respect to HUD on account of any failure on the part of City to comply with the requirements . of any such obligation. The obligations undertaken by City include, but are not limited to, the obligation to comply with each of the following: The Housing and Community Development Act of 1974 (Public Law 93-383) ; Regulations of the Department of Housing and Urban Development relating to community development block grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section Regulations of the Department of Housing and Urban development relating to environmental review pro- cedures for the community development block grant program (Title 24, Subtitle A, Part 58 of the Code of Federal Regulations, commencing- at Section 58.1); Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VI11 of the Civil Rights Act of 1968 (Public Law 90-284); Section 109 of. the Housing and Community Development Act of l974; Section 3 of the Housing and Urban Development Act of 1958; Executive Order.11246; Executive Order 11063; and any HUD regulations heretofore issued or to be issued to implement these authorities rel'ating to civil rights; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to implement that Act in the Code of Federal Regulations, Title 24, Part 42; ' Federal Nanagement Circular 74-4 entitled "Cost Principles Applicable to Grants and Cofitracts With State and Local Governments'' and Federal Management Circular 74-7 entitled "Uniform Administrative Require- ments for Grants in Aid to State and Local Governments." Reference is particularly made to the following appendices: (I) Appendix G of'Federa1 Management Circular 74-7 relating to -financial management systems which meet Federal standards for fund control and accountability; (2) Appendix N of Federal Nanagement Circular 74-7 pertaining to property management; Appendix 0 of Federal Management Circular 74-7 (3) relating to procurement standards; Appendix B of Federal Management Circular 74-'7 relating to bonding and insurance; (4) The following laws and regulations relating to preservation of historic places: Public Law 39-665 the Archeological and Historical Preservation. Act of 1974 (Public Law 93-291), and Executive Order 11593 9 2. including the procedures prescribed the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; The Labor Standards Regnlations set forth in Section 570.605 of 24 CFR, Part 570; The Architectural Barriers Act of 1968 (42 U.S.C. Section 41 51) ; The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); z The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X, Subpart B; * The Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto (40 C.F.R., Part 15). Compensation. County agrees to pay City as total compensation for implementing the P-rojects described herein project costs not to exceed the sum of $.68,800. 3. Compensation.Schedule. County agrees to pay to City partial progress payments of actual costs, not to exceed the amount indicated, upon certification by City that the following specified points have been reached in the scheduled implementation of the projects and upon submittal by City of a statement of acutal expenditures incurred. construed as final in the event that HUD disallows reimbursement Payment by County is not to be for the project on any portion thereof. c Upon completion of Phase I, items 1 and 2 as described in the attached Scope of Work - Upon carpletion of Phase I, items 3, 4, 5, 6 & 7 as described in the attached Scope of Work - Upon the completion of Phase I, items 8 and 9 as described in the attached Scope of Work - &on ampletion of Phase I, item 10 as described k the attached Scope of Work - $ 9,200 $39 , 010 * $ 4,300 .$ 2,530 Upon the capletion of Phase 11, as described in the attached Scope of Work. 4. Tm. $13,760 This agreemsnt shall ccrmmce when executed by both parties - hereto and shall continue in full force and effect until terminated as provi6ed herein. The agreaeat may be terminated by either party after 30 days notice of intention to terminate has been given to the other party, provided, however, that no notice of te"tion given by City shall be effective mess HUD has agreed to release County frm its obligations pursuant to the Project. agreement will be autcanatically terminated in the event that the United States Govemmnt teminates the Corbmity Developtent Block Grant program or tei"tes the Project, which is the subject of this agreement. Alternatively, the 5. TerrIum * tion of Agr-t for Cause. City and County recqnizes that the County is the govemtal entity which executed the grant agreemat received pursuant to its application and that it has thereby beccane legally liable and respnsible thereunder for the prop performance of the Project. through any cause City shall fail to fulfill in timly and proper manner If its obligations under this agreement to undertake, conduct or perform the project identified in this agreement, or if City shall violate any of the covenants, agreements, or stipulations of this agreement, County shall thereupon have the right to r) terminate this agreement by giving written notice to City of such .termination and specifying the effective date thereof at least -5 days before the effective date of such termination. standing the above, City shall not be relieved of liability to County for damages sustained by County by virtue of any breach Notwith- of the agreement by City and County may withhold any payments to City for the purpose of set-off until such time as the exact amount of damages due County from City is determined.. City here- by expressly waives any and al.1 claims for damages for compensa- tion arising under this agreement except as set forth in this section in the event of such termination, .6. Contract Administration. The Housing and Community Development Director shall administer this agreement on behalf of the County. The City Manager shall administer this agreement on behalf of the City. City agrees to supply to County within a reasonable period of time after request, progress reports or other documentation as shall be required by the County's contract administrator to audit performance of this agreement, 7. Records and Reports. The City ;hall maintain records and make such reports as required by the Housing and Community Development Director to enable the County to analyze utilization of the City's program. All records of the City respecting this Project shall be open and available for inspection by auditors assigned by HUD and/or the County on reasonable notice during _. the normal business hours of the City. 8. Indemnification. To the extent authorized by law, U each party shall at all times indemnify and save harmless the other party against and pay in full any and all loss, damage or 1 expense. that the other party may sustain, incur, or become liable for resulting in any manner from, or connected with, the implementation of this Project, including any loss, damage or expense arising out of, loss of, or damage to property and injury to or death of persons excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the other party, its contractors, officers, agents, or employees. 9. Notice. - Any notice or notices requ-ired or permitted to be given pursuant to this agreement may be personally served - * on the other party by the party giving such notice or may be served by certified mail. if sent by certified mail, postage prepaid to: CITY: COUNTY : Notices hereunder shall be sufficient City Manager 1200 Elm Avenue Carlsbad, California 92008 1600 Pacific Highway Clerk of the Board of Supervisors County. Administration Center San Diego, California 92101 I IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written. CITY OF CARLSBAD COUNTY OF SAN DIEGO SCOPE OF WORK - (Carlshad) i %ie City of Carlsbad has two projects to be funded by Second-Year Camnun ’ ’w Developt Block Grant. The project ad work to be accomplished as follcrws: -: k P&E I - Harding Street Camunity enter consists of ithe renovation and u conversion of City owned facilities to a mlti-purpose complex as shown on ndnibit 1. Spcific tasks to be accomplished are as follows: . 1. . 2. 3. 4. 5. 6. 7. 8; 9. 10. Preparation of a space study to determir,Z future uses of the building. Preparation of wchitectural plans for the renovation. Te~te inspection and repair, construction of new dcmways, walls and shelving, interior and exterior painting and carpet cleaning of the Conmunity Center. Termite inspection and control, purchase and installatian of portable wall divider and fixtvues, repairs and interior and exterior painting of the Recreation Hall. Termite inspection and repair of auditorhin and garase/apartnent. Construction of park& spaces behind the Canamrnity Center and Recreation EIall along alley. Construction of additional sidewalks. Yov? activity building from west side of HardLng Street to Magee prom. Cmstruction of patio shade structure between ’3” ‘ty Center and Recreation Hall, I Relandscaping existing grounds (site preparation, installation of higatLon system, planting of trees, shrubs and ground cover) and installation of recreational &ties. -vation of garage/apartment behir,d c0”Uru ‘ty Center for gam (pool, ping-pong) activities. PHASE I1 - CQmwction of sidewalks within the inner city at the faUowing locations; and as indicated on Exhibit 2: 1. Constsuction of approximately 578 feet of 5,footwide concrete sidewalk on the east side of Rmsevelt Street betwem Laguna Drive and Beech Avenue. P 2. 3. 4. 5. of approximately 311 fe e of 5 foot wide concrete sidewalk on the north arid south sides of Elm Avenue between Washington Street and Carlsbad Boulevard. . Repair and replace approximately 54 feet of concrete sidewalk on the east side of Jefferson Street between Elm Avenue and/or; Alternate location to repair and replace approximately 107 feet of concrete sidewalk on the east side of Jefferson Street between Magnolia Avenue and Sandra (Carol) Plsce and/or; Alternate location to construct approximately 750 feet of 4 foot wide asphalt sidewalk on the north side of Grand Avenue between Garfield Street and Ocean Street, and east side of Ocean Street between Elm Avenue and Oak Avenue. ! c "