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HomeMy WebLinkAbout1979-12-18; City Council; Resolution 60241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 2c 21 2: 2: 2L 2E 26 2i 21 RESOLUTION N0.6024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR MANAGEMENT AND IMPLE- MENTATION OF FIFTH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEPENT The City Council of the City of Carlsbad, California, does hereby resolve as follows: (I) That an agreement between the City of Carlsbad and the County of San Diego for Management and Implemen- tation of Fifth Year Housing and Community Development Block Grant Project, a copy of which is attached heretc 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 afid an behalf of the Cl~y of Carlsbad, PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad, California, held on the 18th day of December, 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Rnear, Lewis and NOES : None Councilwoman Casler. ABSTAIN : No n e RONALD C. PACKARD, MAYOR ATTEST: /7 By\ Anita Dack Murphy, Deputy City Clerk (Seal) Exhibit ''A" to 0 Resolution 6024 AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT THIS AGREEMENT entered into by and between the City of Carlsbad (hereh"&r referred to as "City") , and the COUNTY OF SAN DIEGO (hereinafter referred to as "COUNTY") , on W I T N E S S E T H: WHEREAS, there has been enacted into law Public Law 93-383, the Housing and Community Development Act of 1974, the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities 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 grants with respect to its unincorporated territory and with respect to included 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 located within the territorial boundaries of the County; and WHEREAS, on November 21, 1978 City and County entered into a cooperative agreement for submission of a proposal to the Department of Housing and Urban Development (hereinafter referred to as "HUD") : and 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 HUD; and WHEREAS, the Cooperation Agreement provided that in the event that the City proposal is approved by HUD as part of the County proposal and a Community Development Block Grant is made to the County on account of such proposal the parties heretofore will enter into a supplementary agreement providing for implementation of the City proposal by the County, the City or by cooperative action of the two agencies; and WHEREAS, HUD has approved the County application for Community Development Block Grant funds; and WHEREAS, it is the desire of the City and the County that the Project be implemented by the City; and WHEREAS the City shall undertake the same obligations to the County with respect to the Project in the County's aforesaid application for participation in the Community Development Block Grant program; NOW 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 terns 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 concurrently with the application. The application and assurances form is hereby incorporated by reference into this agreement fully as is set forth herein. City agrees that it undertakes hereby the same obligations to the County that the County has undertaken to HUD pursuant to said application and assurances. City to hold County harmless against any indemnity 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 Comunity Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1); Regulations of the Department of Housing and Urban Development relating to environmental review procedures 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 Com- munity Development Act of 1974; Section 3 of the Housing and Urban Development Act of 1968; Executive Order 11246; Executive Order 11063: and any HUD regulations heretofore issued or to be issued to implement these authorities relating 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 Management Circular 74-4 entitled "Cost Principles Applicable to Grants and Contracts With State -3- a and Local Govemments" and Federal Management Circular 74-7 entitled "Uniform Adininistrative Requirements for Grants in Aid to State and Local Governments." Reference is particularly made to the following appendices: (1) Appendix G of Federal Management Circular 74-7 relating to financial management systems which meet Federal standards for fund control and accountability; (2) Appendix N of Federal Management Circular 74-7 pertaining to property management; (3) Appendix 0 of Federal Management Circular 74-7 relating to procurement standards; (4) Appendix B of Federal Management Circular 74-7 relating to bonding and insurance; (9) The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archeological and Historical Preservation Act of 1974 (Public Law 93-2911, and Executive Order 11593 including the procedures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; (h) The Labor Standards Regulations set forth in Section 570.605 of 24 CFR, Part 570; (i) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151) ; (j) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.): (k) The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart B; (1) 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 a6opted pursuant thereto (40 CFR, Part 15). 2. Compensation: County agrees to pay City as total compensation for implementation for the Projects described herein project costs not to exceed the sum of $137,323. 3. Compensation Schedule: County agrees to pay City monthly progress payments of actual costs, upon certification and submittal by City of a statement of actual- expenditures incurred, supparted by appropriate documentation provided, however, that not more than -4- 90% of the total agreed compensation will be paid during the performance of this Agreeinent. The balance due shall be paid upon certification by City that all of the required services have been completed. Payment by County is not to be construed as final in the event that HUD disallows reimbursement for the project or any portion thereof. 4. Term: This Agreement shall cominence when executed by both parties hereto and shall continue in full force and effect until terminated as provided herein. The Agreement 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 termination given by City shall be effective unless HUD has agreed to release County from its obligations pursuant to the Project. Alternatively, the Agreement will be automatically terminated in the event that the United States Government terminates the Community Development Block Grant program or terminates the project, which is the subject of the Agreement. 5. Termination of Agreement for Cause: City and County recognize that the County is the governmental entity which executed the Grant Agreement received pursuant to its application and that it has thereby become legally liable and responsible thereunder for the proper performance of the project. If through any cause City shall fail to fulfill in timely and proper manner 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 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, and also specifying with particularity the nature and extent of the alleged cause. Upon receipt of such a notice of termination for cause fron County, the-City shall be afforded a period of 30 days in which period of time County may either confirm or rescind its said notice. Notwithstanding the above, City shall not be relieved of liability to County for damages sustained by County by virtue of any breach of the Agreement by City and County may withhold any payments to City for the purpose of set-off until such tine as the exact amount of damages due County from City is determined. expressly waives any and a11 claims for damages for compensation arising under this Agreement except as set forth in this section in the event of such termination. provisions of this contract, City, by entering into this contract and the previous Cooperation Agreement, does not waive or impair to any degree whatever h-ri”ity from suit and/or damages to which it may legally be entitled. City hereby Notwithstanding any other 6. Contract Administration: The Housing and Community Development Director shall administer this Agreement on behalf of the County. behalf of the City, The City Manager shall achinister this Agreement on City agrees to supply to County within a e -5- e 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 shall maintain records and make such reports as required by the Housir? and Community Development Director to enable the County to analyze utilization of the 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, each party shall at all times indemnify and save harmless the other party against and pay in full any and all loss, damage or 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 required or permitted to be given pursuant,to this Agreement may be personally served on the other party by the party giving such notice or nay be served by certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: CITY: COUNTY: City Manager 1200 Elm Avenue County Administration Center Carlsbad, Califonria 92008 1600 Pacific Highway Clerk of the Board of Supervisors San Diego, California 92101 IN WITNESS WHEREOF, the parties have executed this agreement on the year first above written. CITY OF CARLSBAD COUNTY. OF SAN DIEGO ATTACHMENT (A) 0 SCOPE OF WORK The City of Carlsbad has certain projects funded from the Fifth- Year Community Development Block Grant. The work to be accomplished consists of the following: 1. CITY OF CARLS888 Plsnning Ce2artment 3. 4. 5. Paving 950 feet of State Street with asphalt and locking pavers between Grand and Elm. Construction of 10 feet wide concrete sidewalks along State Street between Grand and Elm (420 feet bothsides) ; Cedar and Grand (130 feet bothsides) ; and south of Elm (100 feet bothsides). Construction of 10 feet wide concrete sidewalks along Grand between State and Roosevelt (200 feet bothsides) and along Elm between State and Roosevelt (200 feet bothsides) e \ Paving of a 20 foot wide alley 400 feet in length with asphalt between State and the railroad right-of-way and Brand and Elm, with 1,320 square feet concrete approaches. Paving of the 1600 square foot parking area between State and the railroad right-of-way and Grand and Elm. 6. Conduct a pilot commercial rehabilitation program the redevelopment area of grants, SBA leveraged loans, local leveraged loans, direct interest subsidy, or direct local loans, with an approximate maximum amount per loan of $5,000.