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HomeMy WebLinkAbout1980-11-18; City Council; Resolution 63719 1 2 3 4 5 6 7 8 9 10 11 12 13, I, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION NO. 6371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMINT BETWEEN THE CITY OF CARLSBAQ AND MENTATION OF SIXTH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING THE 'MAYOR TO EXECUTE SAID AGREEMENT THE 'COUNTY OF SAB DEW FOR AND EPIE- The City of Codncil of the City of Carlsbad, California, does hereby *esolve as follows: (1) That an agreement between the City of Carlsbad and the County of San Die'go for Managment and Implementation of Sixth Year Housing ancl Community Development Block Grant Project, a copy of which is attached hereto as Exhibit "A" and made a part hereof, is hereby approved. 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. (2) PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council f the City of Carlsbad, California, held on the 18 day of November, 1980, y the following vote, to wit: AYES: Counciil Members Packard, Casler, Anear, Lewis and Kulchin NOES : None I ABSTAIN: None rTEST : , ;eal) AGREEMEXT FOR MANAGEMENT OF A COMMUNITY DEVELOPMENT This AGREEMENT entered into by AND IMPLEMENTATION BLOCK GRANT PROJECT and between the City of Carlsbad (hereinafter referred to as "City"), and the COUNTY OF SAN DIEGO (hereinafter referred to as "COUNTY"), on ?. W I TN E S S ET 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 comunities by providing federal assistance for community development activities in urban areas; and WHEREAS, County as an "urban countyq3 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 comunity 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 September 18, 1979 City and County entered - .intc a cooperative agreement for submission of a proposal to the Department of Housing and Urban Development (hereinafter referred to as "HUD"): 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 EUD: 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 Community Development Block Grant is xade 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 . e -2- 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 WI?EREAS the City shall undertake the same obligations that the Project be implemented by the City; and < 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 terms of the application made by the County to HUD for funds to carry out the Project and the assurances (HUD Form No. 7068) 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 appIication 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 ulidertaken 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); and the Housing and Community Development Act of 1979; 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 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); . . , . I.. .. . .A - . -- -3- 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 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 Federal Management Circular 74-4 entitled "Cost Principles Applicable to Grants and Contracts With State and Local Governments" and Federal Management Circular 74-7 entitled "Uniform Administrative 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 staT.dards for fund control and accountability; . a42; .(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; The following laws and regulations relating to preservation of historic places: 89-665 the Archeological and Historical Preservation Act of 1974 (Public Law 93-29l), and Executive Order 11593 including the procedures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; . , Public Law e. .. 0 -4- The Labor Standards Regulations set forth in ~ Section 570.605 of 24 CFR, Part 570; The Architectural Barriers Act of 1969 (42 U,S,C. Section 4151) ; The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S,C.); The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart B; -ci 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 CFR, Part 15). 2, COMPENSATION: County agrees to pay City total . compensation for implementation for the Projects described herein project costs not to exceed the sum of $159,772. 3. C~MPENSATION 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, supported by appropriate documentation provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Agreement. balance due shall be paid upon certification by City that all of the required services have been completed. Payment by County is not tc be construed as final in the event that HUD disallows reimbursement for the project or any portion thereof , The 4. Term: This Agreement shall commence 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, e -5- 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 from 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 time as the exact amount of damages due County from City is determined, and all claims for damages for compensation arising under this Agreement except as set forth in this section in the event of such termination. of this contract, City, by entering into this contract and the previous Cooperation Agreement, does not waive or impair to any degree whatever immunity from suit and/or damages to which it may legally be entitled. City hereby expressly waives any Notwithstanding any other provisions - 6, Contract Administration: The Housing and Community Development Director shall administer this Agreement on behalf of the County. 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 shall maintain records and make such reports as required by the Housing and Community Developnent 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, The City Manager shall administer c -6- a 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 permit- ted 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, Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: CITY: -. City Manager 1200 Elm Avenue .Carlsbad, California . 92008 COUNTY: Clerk of the Board of Supervisors County Administration Center 1600 Pacific Highway San Diego, California 92101 IN WITNESS WHEREOF, the parties have executed this agreement on the year and day first above written. CITY OF CARLSBAD COUNTY OF SAN DIEGO SCOPE OF WORK a Attachment "A" The City of Carlsbad has certain projects funded from the Sixth-Year Comxunity Development Block Grant. The work to be accomplished consists of the following: c -1. Pave 400 feet of Grand Avenue with asphalt and textured. paving stones between Roosevelt Street and Nadison Street and pave 400 feet of Elm Avenue with asphalt and textured paving stones between Roosevelt Street and Pkdison Street. 2. Construction of 10 foot wide concrete sidewalk, along Grand Avenue between Roosevelt Street and Madison Street (320 feet both sides) and along Elm Avenue between Roosevelt Street and Madison Street (320 feet both sides). 3. Repave 9000 square foot alley located South of Chestnut Street between Madison Street and Roosevelt Street.