HomeMy WebLinkAbout1983-10-11; City Council; Resolution 73643
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RESOLUTION NO. 7364
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 AND APPROPRIATION OF FUNDS FOR 9TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREIPTENT.
WHEREAS, 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 Implementation of 9th Year
Community Development Block Grant Projects, 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 t.o execute said agreement for and on behalf
of the City of Carlsbad.
(3) That the Finance Director is hereby authorized and
directed to appropriate funds.
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adjourned PASSED, APPROVED P!D ADOPTED at dregular meeting of the
City Council of the City of Carlsbad, California, held on the
11th day of October, 1983, by the following vote, to wit:
AYES : Council Menibers Casler, Lewis, Kulchh, Chick and Prescott
NOES: None
ABSENT: None
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MARY H ./CASLER, Mayor
ATTEST:
aQ/k$, A. ALETHA L. RAUTENKRANZ, City C
( SEAL)
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EXHrBfT A
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION
OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
This AGREEMENT entered into by 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 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
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WHEREAS, City is a unit of general local government
located within the territorial boundaries of the County; and
WHEREAS, on November 17, 1981 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 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
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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 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.
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. 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
City to hold County
(a) The Housing and Community Development Act of 1974 (Public Law 93-383) as amended;
(b) 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) ;
[c) 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) ;
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(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 90-2g4); 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;
(e) 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; L
(f) OW Circular A-87 entitled "Cost Principles Applicable to Grants and Contracts With State
and Local Goveriments" and OMB Circular A-102 entitled "Uniform Administrative Requirements for Grants in Aid to State and Local Governments." Reference is particularly made to the following
appendices:
(1)
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Appendix G of OMB Circular A-102 relating to financial management systems which meet
Federal standards for fund control and accountability;
(2) Appendix N of OMB Circular A-102 pertaining to property management;
(3) Appendix 0 of OMB Circular A-102 relating
to procurement standards;
(4) Appendix B of OMB Circular A-102 relating to bonding and insurance;
(9) The following laws and regulations relating to
preservation of historic places: 89-665 the Archeological and Historical Preservation
Act of 1974 (Public Law 93-291), and Executive
Order 11593 incl-uding the procedures prescribed
by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800;
Public Law
P ;"
(h) The Labor Standards Regulations set forth in
Section 570.605 of 24 CFR, Part 570;
(i) The Architectural Barriers Act of 1969 (42 U.S.C. Section 4151) i
(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 adopted pursuant thereto
(40 CFR, Part 15).
(m) The City will adopt a policy consistent with
B-39, "Minority Business Program Policy Statement",
in order to insure that every effort is made to
provide equal opportunity to every potential
minority business vendor, contractor, and subcontractor,
No member, officer or employee of the City, or its designee or agents, no member of the governing
body of the locality in which the program is
situated, and no other public official of such locality or localities who exercises any functions
or responsibilities with respect to the program during his/her tenure or for one year thereafter,
shall have any interest, direct or indirect,
in any contract or subcontract, or the process
thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes
of this certification,
2. COMPENSATION: County agrees to pay City total
compensation for implementation for the Projects described herein project costs not to exceed the sum of $218,862,
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, supported by appropriate documentation provided, however, that not more than 90% of the total agreed compensation
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will be paid during the performance of this Agreement. 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 reimbursemant for the project or any portion
thereof.
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. 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.
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Alternatively,
1 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 Iteast 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 €or the purpose of set-off
until such the as the exact amount of damages due County
from City is determined. City hereby expressly waives any .and all claims €or damages for compensation arising under
this Agreement except as set forth in this section in the
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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 immunity from suit and/or damages to which it may legally be entitled.
6. CONTRACT ADMINISTRATION: The Housing and Community
Developiaent 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 =PORTS: The City shall maintain records and make 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 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. INDENHIFICATION: To the extent authorized by law, each party shall at all times i-ndemnify 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 becone 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
may be served by certified mail, Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to:
CITY:
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COUNTY:
City of Carlsbad Clerk of the Board of 1200 Elm Avenue Supervisors Carlsbad, CA 92008 County Administration Center
1600 Pacific Highway
San Diego, CA 92101
agreement on the year and day first above written. IN WITNESS WHEREOF, the parties have executed this
CITY OF CARLSBAD COUNTY OF SAN DIEGO
r' . * ATTACHt4ENT "A"
SCOPE OF WORK
The City of Carlsbad has certain projects to be implemented under the Ninth- Year Community Development Block Grant entitlement. accomplished consists of the following: The work to be
1. Continuation of the previously funded Commercial Rehabilitation 1 oan program within the City ' s Redevel opment area. The program will consist of grants, SBA and Local Leveraged loans, direct interest subsidy loans, or direct loans with an approximate maximum loan amounty of $5,000.
Construction of an 71 foot wide stamped concrete pedestrian crosswalks at the corners of Elm Avenue and State Street and Grand Avenue and State Street. The work will also include street resurfacing , si dewal k rep1 acement , 1 andscapi ng and curb and gutter improvements on State Street from Elm Avenue to Grand Avenue and along Grand Avenue from State Street to Madison Street. In addition, directional signs will be installed throughout the Village area to direct pedestrian and vehicular traffic through the area and to the three (3) public parking lots.
2.
Construction work will be in accordance with the San Diego Area Regional Standard Drawinqs (October 1982), the Standard Specifications for Pub1 ic Work. (October 1982) . Construciion (1982 Edition) and the Standard Special Provisions