HomeMy WebLinkAbout1983-10-11; City Council; Resolution 7365..-I
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RESOLUTION NO. 7365
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 ,NANAGEMENT AND
IMPLEMENTATION OF FEDERAL EXERGENCY JOBS
APPROPRIATION ACT PROJECTS, APPROPRIATION
OF FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
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 the
Federal Emergency Jobs Appropriation Act 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 to 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 AND ADOPTED at a/regular 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 Members Casler, Iewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
ATTEST :
7tL.@&&/&
MARY H CASLER, Mayor
ALETHA L. RAUTEN$~ANZ, City 9lerk
(SEAL)
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or,
'B e EXHIBIT A
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION
OF A COMMUNITY DEVELOPMENT JOBS BILL PROJECT
This Agreement entered (hereinafter referred to as (hereinafter referred to as
into by and between the City of Carlsbad ''CITY"), and the COUNTY OF SAN DIEGO ''COUNTY" ) , on
WITNESSETH:
WHEREAS, Public Law 98-8 (herein referred to as the "Jobs Bill") has been enacted into Law; and
WHEREAS, the Jobs Bill provided additional appropriations for Community Development Block Grant Program to be administered by the United States Department of Housing and Urban Development (hereinafter referred to as "HUD"> under the provisions of Public Law 93-383, The Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et.seq.); and
WHEREAS, County as an "urban county'' as that term is used in the Act, is authorized to apply for and accept the Jobs Bill grants 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
the territorial boundaries of the County; and
cooperative agreement for submission of a proposal to the United States Department of Housing and Urban Development (hereinafter referred to as "HUD" ) ; and
WHEREAS, City is a unit of general local government located within
WHEREAS, on November 17, 1981, City and County entered into a
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 Jobs Bill application which was submitted tQ 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 the Jobs Bill funding 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
P i. t E
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WHEREAS, HUD has approved the County application for the Jobs Bill
WHEREAS, it is the desire of the City and the County that the Project
WHEREAS, the City shall undertake the same obligations to the County
funds; and
be implemented by the City; 2nd
with respect to the Project in the County's aforesaid application for participation in the Jobs Bill program; NOW THEREFORE
IT IS AGREED AS FOLLOWS:
1.
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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 set forth herein. obligations to the County that the County has undertaken to HUD pursuant to said application and assurances. 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:
City agrees that it undertakes hereby the same *
City to hold County harmless against any
The Housing and Community Development Act of 7974 (Public Law 93-383) as amended; and the Jobs Bill (Public Law 98-8);
Regulations of the Department of Housing and Urban Development relating to Community Deyelopment Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1); and any regulations heretofore issued or to be issued to implement the Jobs Bill;
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 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, Tit?e 24, Part 42;
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(f) OMB Circular A-87 entitled "Cost Principles Applicable to Grants and Grants and Contracts with State,and Local Governments'' and OMB Circular A-102 entitled "Uniform Administrative Requirements for Grants in Aid to State and Local Governments." cularly made. to the following appendices:
(1)
Reference is partic-
Appendix G of OMB Circular A-102 relating to financial management systems which meet Federal standards for fund control and accountabil i ty;
(2) Appendix N of OMB Circular A-102 relating to procurement to property management;
(3) Appendix 0 of OM6 Circular A-102 relating to procurement standards;
(4) Appendix B of OM6 C-ircular A-102 relating to bonding and insurance;
(9) The following laws and regulations relating to preservation of historic places: Preservation Act of 1974 (Pub1 ic Law 93-291 ) , and Executive Order 1 1593 including the procedures prescribed by the Advisory Counci 7 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;
Public Law 89-665 the Archeological and Historical
(i) The Architectural Barriers Act of 1969 (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 adopter 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 8-39, "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;
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(n) 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 incorporated, or cause to be incorporated, in a11 such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.
(0) The additional funds will be obligated and disbursed as rapidly as L possible so as to quickly assist the unemployed and the needy;
(p) It will use, to the extent practicable, the additional funds in areas where unemployment is highest and has been high for the longest period of time and for authorized purposed which have the greatest imedi ate empl o,yment impact; and
It will, to the extent practicable, use the additional funds to maximize immediate creation of new employment opportunities to individuals who were unemployed at 15 of the 26 weeks prior to March 24, 1983.
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(9)
2. COMPENSATION: County agrees to pay City legal compensation for
compensensation for implementation of the Projects described herein project costs not to exceed the sum of $121,177.
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 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 be construed as final in the event that HUD disallows reimbursement for the project or any portion thereof.
The
4. hereto and311 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. A1 ternatively, the Agreement will be automatically terminated in the event that the United States Government terminates the Jobs 6i71 program or terminates the project, which is the subject of the Agreement.
TERM: This Agreement shall commence when executed by both parties
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5. TERE4INATION 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 it obligations under this Agreement to undertake, conduct, or perform the project identified in this Agreement, or if City shall violate any of the convenants, 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. IJpon 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. 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. 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.
Notwithstanding any other provisions of
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 progress reports or other documentation as shall be required by the County's contract administrator to audit performance of this Agreement.
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 HLlD and/or the County on reasonable notice during the normal business hours of the City.
7. RECORDS AND REPORTS: The City shall maintain records and make
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 propoerty and injury to or death or 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.
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9. NOTICE: Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party giving
such notice or may be served by certified mail. sufficient if sent by certified mail, postage prepaid to: Notices hereunder shall be
CITY
City Manager 1200 Elm Avenue Carlsbad, CA 92008
COUNTY
Clerk of the Board of Supervisors County Administration Center 1600 Pacific Highway - San Diego, CA 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
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.. ATTACHMENT "A "
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SCOPE OF WORK
The City of Carlsbad has certain projects to be implemented under the Community Development Block Grant Jobs Bill. accomplished consists of the following: The work to be
1. Continuation of the previously approved State and Grand Streetscape which wi 11 i ncl ude construction on an 11 -foot wide stamped concrete pedestrian crosswalk at the corners of Elm Avenue and State Street and Grand Avenue and State Street. The work will also include street resurfacing, sidewalk replacement , landscaping and curb and gutters on State Street from Elm Avenue to Grand Avenue and along Grand Avenue from State Street to Madison Street.
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2. Construction of a 31 space public parking lot (approximately 50' x 150') which will include grading, paving, striping, lighting and landscaping on the eastern railroad right-of-way between Elm Avenue and Grand Avenue.
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Construction work will be in accordance with the San Diego Area Regional Standard Drawings (October 1982) , the Standard Specifications for Public Works Construction (1982 Edition) and the Standard Special Provisions (October 1982).
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