Loading...
HomeMy WebLinkAbout1981-12-01; City Council; Resolution 6734.* . ; ' .. -,e 4 5 6 7 E 9 1c 11 12 1: 14 1: 1( 1: 1E 1s 2( 21 2: 2: 2L 2: 2( 2: 2t RESOLUTION NO. 6754 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 IMPLEMENTATION OF 7TH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. Council of the City of Carlsbad, California, does hereby The City -esol ve as follows: (1) That an agreement between the City of Carlsbad and the County of San Diego for Management and Implementation of 7th Year Housing and Community Development Block Grant Project, a copy of which is attached hereto as Exhibit I1 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 Carl s bad. (2) PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 3ty of Carlsbad, California, held on the 24th day of November, 1981, by the Following vote, to wit: AYES: Council Menhers Casler, Anear, Lewis NOES: None ABSTAIN: None ABSENT: Council Mehers Packayd, Kulchin RONALD C. PACKARD, Mayor lTTEST : (SEAL) //// //// //// d FOR MANAGEMENT AND IMPL~NTATION OF AGREEMaITY A CO DEVELOPMENT BLOCK GRANT PROJECT This AGREEMENT entered into by and between the City of CARLSSAD (hereinafter referred to as "City'f), and the COUNTY OF SAN DIEGO (hereinafter referred to WITMESSET as "COUNTY'*) on 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, an September 16, 1980 City and County entered into a cooperative agreement for submission of a proposal tu 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 a'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 MUD as part of the County proposal and 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 -2- WHEREAS, HUD has approved the Caunty application %or 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 AGaEED AS FOLLOWS: ... 1. WORK TO BE PERFORMED: City agrees to implement the Project described in Attachment "A" hereof .(entitled "Scope sf Work") fully in accordance with the tems of the application made by the County to Hw3 for funds to carry out the Project and the assurances (HUP Form No- 7068) which were submitted concurrently with the application, application and assurances €om fs hexeby 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 HUL) pursuant to said application and assurances, hamless 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 fallowing: The Mousing and Community Development Act of 1974 (Public Law 93-383) as amended: Regulations of the Department of Housing and Urban DeV@lopm@lnt relating to Community DeVelOpmeRt Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1); The City to hold County (a) Cb) (e) Regulations of the Department of Housing and Urban Devefopm@nt relating to environmental review procedures for the Community DeVelOpr" Block Grant program (Title 24, Subtitle A, Part 58 of the code of Federal Regulations, commencing at Section 58 1) : . *. _. . t- o -3- (d) Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VI11 of the Civil Rights Act of 1968 (Public Law 30-284); 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 Relocatian Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to implement that Act in the Code of Federal Regulations, Title 248 Part 42; (e) (€1 ONE3 Circular A-87 entitled "Cost Principles Applicable to Grants and Contracts With State and Local Governments" ad Qp.lrB Circular A-102 entitled "Uniform Administrative Recuirements for Grants in Aid to State and Local Governments." Reference is particularly made to the following appendices : (1) I Appendix G of OMB Circular A102 relating to financial managerent systems which meet Federal standards for fun5 control and accountability; Appendix N of OMB Circular A-102 pertaining to property managenent; Appendix 0 of OM3 Circular A-102 relating to procurement standards; (4) Appendix 3 of QEB Circular A-102 relating . to bonding and insurance; The following laws and regulations relathg to preservation of historic places: 89-665 the Archeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the proceclures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; (2) ( 3) (9) Public Law -. , I. , -4- The Labor Standards Regulations set forth in Section 570.605 of 24 CFR, Part 570; Th 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; The Clean Air Act (42 U.S.C. Section 3.857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U-S-Cm 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 $115,847. 3. COMPENSATION SCHEDULE: County agrees to pay City 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 servicss 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 . - monthly progress payments of actual Costs, upon certification The 4. Term: This Agreement shall commence when executed by both parties hereto and shall corkinue in full. force and effect until terminated as provided herein. 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, The Agreement .., c :.- c +.I -5- 0 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 vialate 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 terminat$on 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 Agr€?e"t by City and County may withhold any payments to City €or the purpose of set-off until such time as the exact amount of damages due County from City is determined. City hereby expressly waives any and all claims for damages for compensation arising under this Agreement except as set forth in this section in the event of such termination, Notwithstanding any other 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"mnity from suit and/or damages to which it may legally be entitled. 6* Contract Administiation: Th Housing and Community Development Director shall administer this Agreement on bhalf 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- The City Manager shall administer 7. -CORDS AND REPORTS: The City shall maintain records and "ake such reports as required by the Housing and Community Development Director to enable the County to analyze utilization of the program. All records of the City respecting inspection reasonable City. this Project shall be open and available for by auditors assigned by HUD and/or the County on notice during the normal business hours of the . %, -.L -. . CITY: .. -6- 8. INDEMNIFICATION: To the extent authokized by lawc each party shall at all times indemnify and save harmless the other party against and pay in full any and all boss, 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. 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 mil, postage prepaid to: 9. NOTICE: Any notice or notices required or permitted COWTY : City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 . Clerk of the Board of Supervisors County Administration Center 1600 Pacific Highway §an Diego, California 92101 IN WITNESS WHEREOF, the parties have executed this agreement on the year and day first above written, CITY OF CARtSBAKI BY COUNTY QF SznN DIE68 SCOPE OF WORK The City of Carlsbad has certain projects funded from the Seventh-Year Community Development Block Grant, work to be accomplished consists of the following: 1. A design analysis study of facade types in the downtown The area and preparation of a financing program to implement the funding of the approved study. 2. Continuation of the previously funded commercial rehabilitation loan program within the City's redevelop- ment area. The program will consist sf grants, SBA leveraged loans, local leveraged loansp direct interest subsidy, or direct local loans with an approxkate maximum loan amount of $5,OQO, . 3. Construction of 480 lineal feet of sidewalk, 80 feet of curb and gutter and 340 feet of gutter on the west side of Roosevelt Street between Laguna Drive and Beech Avenue. 4. Construction of 1,760 lineal feet of sidewalk and 1,640 €eet of curb and gutter on the east and west sides of Tyler Street between Oak Avenue and Chestnut Avenue. 5. Acquisition of necessary rights-of-way where and if needed to construct and complete the street improvements on Roosevelt and Tyler Street,