HomeMy WebLinkAbout1987-01-27; City Council; Resolution 8947c
A RESOL-JTION
CARLSBAD,
BETWEEN
SAN DIESO
APPROPRIATION
DEVEL0F”T
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RESOLUTION NO. 8947
OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA, APPROVING AN AGREEmNT
THE CITY OF CARLSBAD AND THE COUNTY OF
FOR MANAG-NT AND IMPLEMENTATION AND
OF FUNDS FOR 12TH YEAR COMMUNITY
BLOCK GRANT PROJECTS AND AUTHORIZING
WHEREAS,
resolve as
(1) That1 an agreement between the City of Carlsbad and
t:?e City of Carlsbad, California, does hereby
follows:
the
That
County
the Finance Director
of Ian Diego for Management and Implementation of
12th Year nity Development Block Grant Projects, a copy
of which ached hereto as Exhibit A and made a part
hereof, is her by approved. I
(2) That
authorized and
the Mayor of the City of Carlsbad is hereby
directed to execute said agreement for and on
behalf of the ity of Carlsbad. c
(3) is hereby authorized and
directed to ap ropriate funds. a
PASSED, AP ROVED AND ADOPTED at a regular meeting of the Q
City Council o the City of Carlsbad on the 20th day of i
January, 1987, /by the following vote, to wit:
AYES:
NOES :
ABSTAIN :
ATTEST: I
(SEAL)
MANAGEMENT AND IMPLEMENTATION
DEVELOPMENT BLOCK GRANT PROJECT
This Agreemeit
Carlsbad (hereinafter
SAN DIEGO, (hereinafter
WHEREAS, ther:
the Housing and
objective of which
by providing
activities in urban
entered into by and between the City of referred to as "CITY"), and the COUNTY OF
referred to as 'ICOUNTY") ,
W I T N E S S E T H:
has been enacted into law Public Law 93-383,
Community Development Act of 1974, the primary
is the development ,of viable urban communities
feceral assistance for community development
areas; and
4 WHEREAS, Coun
the Act, is author
ment grants with re
respect to i ncl udec
it has entered in
assist in the undei
housing assistance
WHEREAS , City within the territor
WHEREAS, and :
a cooperative agr
Department of Housi
to as "HUO"); and
WHEREAS, pur
incorporated the C
Attachment ''A'' herl
into the County's I:
WHEREAS, the
event that the Cit
County proposal an
the County on acco
will enter into a 5
tation of the Cii
cooperative action
CCSF No. 70.01
as an "urban county" as that term is used in
zed to apply for and accept Community Develop-
jpect to its unincorporated territory and with
units of general local government with which
;o Cooperation Agreements to undertake or to
taking of essential community development and
3ctivities; and
is a unit of, general local government located
ial boundaries of the County; and
2ptember 18, 1984 City and County entered into
ement for submission of a proposal to the
7g and Urban Development (hereinafter referred
uant to that Cooperation Agreement County
ty's proposal for the project described in
of (hereinafter referred to as the "Project")
pplication which was submitted to HUD; and
Cooperation Agreement provided that in the
proposal is approved by HUD as part of the
Community Development Block Grant is made to
Ant of such proposal the parties heretofore
upplementary agreement providing for implemen-
y proposal by the County, the City or by
of the two agencies; and
WHEREAS, HUD~
Community develop me^
WHEREAS, it i'
the Projects be imp
WHEREAS, the
the County with res
application for par
Grant Program; NOW
IT IS AGREED A
1. WORK TO
Project described '
Workii) fully in acc
made by the County
the assurances (H
currently with the
form is hereby in
fully as if set fo
hereby the same o
undertaken to HUD
City agrees to hol
it may suffer with
the part of City
obligation. The ot
not limited to,
following:
The Hous
(Public L
Regulati
Developme
Grants (
Federal R
Regul ati
Devel opme
for the
(Title 21
Regulatic
Title VI
(Public
Community
Housing
Order 11
regulati
imp1 ement
88-352);
has approved the County application for
it Block Grant funds; and
l the desire of the City and the County that
lemented bythe City; and
City shall undertake the same obligations to
pect tothe Projects in the County's aforesaid
ticipation in the Community Development Block
THEREFORE
5 FOLLOWS:
3E PERFORMED: City agrees to implement the
n Attachment "A" hereof (entitled "Scope of
irdance with the terms of the application
to HUD for funds to carry out the Project and
ID Form No. 7068) which were submitted con-
application. The Application and assurances
:orPorated by reference into this agreement
rth herein. City agrees that it undertakes
)ligations to the County that the County has Iursuant to said application and assurances. I County harmless against any indemnity which
respect to HUD on account of any failure on
to comply with the requirements of any such
ligations undertaken by City include, but are
the obligation to comply with each of the
ing and Community Development Act of 1974
aw 93-383) as amended;
jns of the Department of Housing and Urban
nt relating to Community Development Block
-itle 24, Chapter V, Part 570 of the Code of
egulations commencing with Section 570.1);
)ns of the Department of Housing and Urban
nt relating to environmental review procedures
Community Development Block Grant program , Subtitle A, Part 58 of the Code of Federal
ns, commencing at Section 58.1);
of the Civil Rights Act of 1964 (Public Law
Title VI11 of the Civil Rights Act of 1968
-aw 90-284); Section 109 of the Housing and
Development Act of 1974; Section 3 of the
Ind Urban Development Act of 1968; Executive
246; Executive Order 11063; and any HUD
ons heretofore issued or to be ssued to
these authorities relating to civil rights;
i
t
(e) The Uniform
Acquisition
adopted
Regulations,
(f) OMB Circular
ndix N of OMB Circular A-102 pertaining to
0 of OMB Circular A-102 relating to
management;
standards;
Relocation Assistance and Real Property
Policies Act of 1970 and regulations
to implement that Act in the Code of Federal
Title 24, Part 42;
A-87 entitled "Cost Principles Applicable
dix B of OMB Circular A-102 relating to
g and insurance;
wing laws and regulations relating to
ic places: Public Law 89-665 the torical Preservation Act of 1974 w 93-291), and Executive Order 11593
the procedures prescribed by the Advisory
Historic Preservation in 36 Code of Federal
tandards Regulations set forth in Section
tectural Barriers Act of 1968 (42
ing to the conduct of political
5 of Title 5, U.S.C.);
rotection Act of 1974 (Public Law
tions adopted pursuant
ter X Subpart B;
24 CFR, Part 570;
U.S.C. Section 1857 et seq.) and
ution Control Act, as amended (33
et seq.) and the regulations
to (40 CFR, Part 15);
financial management systems which meet Federal
stardards for fund control and accountability;
(m) The City
"Minority
will adopt a policy consistent with B-39,
Business Program Policy Statement", in order
to insure
opporturity
vendor,
(n) No memb?r,
designee
the
other
who respect
year indirect,
process
with the
shall such
such
cation.
County agrees to pay City as total
the Projects described herein
thaw every effort is made to prov,de equal
to every potential minority business
officer or employee of the City, or its
or agents, no member of the governing body of
locality in which the program is situated, and no
public official of such locality or localities
exercises any functions or responsibilities with
.Lo the program during his/her tenure or for one
thereafter, shall have any interest, direct, or
in any contract or subcontract, or the .:hereof, for work to be performed in connection
program assisted under the Grant, and that it
incorporate, or cause to be incorporated, in all
contracts or subcontracts a provision prohibiting
int2rest pursuant to the purposes of this certifi-
contractor and subcontractor;
m of $148,789.
County agrees to pay City
rtification and submittal by
pendi tures incurred , provided ,
however, that not e than 90% of the total agreed compensation
will be paid dur the performance of this Agreement. The
balance due shall fication by City that all of
leted, Payment by County is
event HUD disallows reim-
rtion thereof.
4, TERM: is agreement shall commence when executed by
the partiene and shall continue in full force and effect
until terminat s provided herein. The agreement may be
0 days notice of intention to
her party, provided, however ,
n by City shall be effective
ounty from its obligations
pursuant to the jects. Alternatively, the agreement will be
ent that the United States
Government termi s the Community Development Block Grant
Program or termin the Projects, which is the subject of the agreement.
5. TERMINATION
recognize that the
executed the grant
and that it has
thereunder for
through any cause
manner its obligations or perform the
OF AGREEMENT FOR CAUSE: City and County
County is the governmental entity which
agreement received pursuant to its application
tiereby become legally liable and responsible
tie proper performance of the Projects. If
City shall fail to fulfill in timely and proper
under this agreement to undertake, conduct
project identified in this agreement, or if City
. shall violate any
of this agreemen.:,
terminate this
termination and
five days before
Notwithstanding
liability to County any breach of the
payments to City
the exact amount
City hereby expressly
compensation arising
this section in
any other provisions
this contract anc
waive or impair to
damages to which
of the covenants, agreements, or stipulations
County shall thereupon have the right to
agreement by giving written notice to City of such
siecifying the effective date thereof at least
the effective date of such termination.
.:he above, City shall not be relieved of
for damages sustained by County by virtue of
agreement by City and County may withhold any
for the purpose of set-off until such time as
of damages due County from City is determined.
waives any and all claims for damages for
under this agreement except as set forth in
the event of such termination. Notwithstanding
of this contract, City, by entering into
the previous Cooperation Agreement, does not
any degree whatever immunity from suit and/or
it may legally be entitled.
6. CONTRACT ADMINISTRATION: The Director, Housing and
of the County. 'Tt-e
on behalf of the
reasonable perioc
other documentatio?
administrator to
7. RECORDS
and make such
Development Direct3r
of the City's
Projects shall be
assigned by HUD
hours of the City.
defend and save
damage, liability, resulting from
out of or in any
this contract,
caused solely and
County.
9. NOTICE:
be given pursuant
the other party by by certified mail.
by certified mail,
8. 1NDEMNIFl:CATION:
City Manager shall administer this Agreement
City. City agrees to supply to County within a
of time after request, progress reports or
as shall be required by the County's contract
aidit performance of this agreement.
AND REPORTS: The City shall maintain records
reports as required by the Housing and Community
to enable the County to analyze uti1 ization
program. All records of the City respecting the
open and available for inspection by auditors
indlor the County during the normal business
The City agrees to fully indemnifyt,
barmless the County against any and all loss,
claim, demand, suit or cause of action
injury or harm to any person or property arising
wiy connected with the performance of work under
excepting only such injury or harm as may be exclusively by the fault or negligence of the
Any notice or notices required or permitted to
to this agreement may be personally served on
the party giving such notice or may be served
Notices hereunder shall be sufficient if sent
postage prepaid to:
CITY: COUNTY: I
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Clerk of the Board of
Supervisors
County Admini strati on Center
1600 Pacific Highway
San Diego, CA 92101
IN WITNESS the parties have executed this agreement
on the year and above written.
CITY OF CARLSBAD COUNTY OF SAN DIEGO
c ',
The City of Carlsbtd
the Twelfth-Year
work to be accompl-shed
1. Continuation
Rehabilitation
area. aged
subsidy
loan amoint
2. Continuation
Rehabili'.ation
basis anc,
ATTCHMENT "A"
has certain projects to be implemented under Community Development Block Grant Program. The
consists of the following:
of the previously approved Commercial
Program within the City's redevelopment
The program will consist of grants, SBA lever-
loans, local leveraged loans, direct interest
or direct loans with an approximate maximum
of the previously approved Residential
Program to be operated on a City-wide
of $5,000.
will consist of:
! SCOPE OF WORK
The City
Interest
participoants
incomes
Assistance
specific
Citywill
of the
the
eligible
Below
be from 2
period
variable
will make loans available at Below Market
rates, Deferred Loans and Grants. Eligible will be property owners with annual
-;hat are within the Section 8 Existing Rental
program and Absentee owners who agree to
rental rates in order to qualify. The
also establish a Loan Committee to review each
lDans. Eligible improvements will consist of
interior, exterior and code repairs which are
Ma-ket Interest rates (low Interest Loans) will
minimum $1,000 to a maximum of $25,000 for a
of fifteen years. The interest rates will be
under Title I, FHA Loans.
dependent upon the Applicants income.
Deferred
maximum
property
property
Grants
maximum
Uniform
needs to
The City
the June
which by
Loans will be for a minimum of $500 to a
of $7,500. A lien will be taken on the
and the loan will be payable in full when the
is sold.
will be available to owner-occupants for a
of $2,000. A grant will be limited to covering
fiousing code violations and to property which
be brought up to Rehabilitation standards.
will operate the program in accordance with 1981 "Residential Rehabilitation Program",
reference is incorporated herein. The also
I
agrees of low arid
income.
3. The
scaping,
lineal Roosevel t;
4. The
1
tiat all of the loans made will be for persons moderate income; i.e., 80% or less of median
construction of curbs, gutters, sidewalks, land-
and drainage facilities for approximately 400
feet of street area on Oak Avenue between
and State Streets.
installation of street lights and control boxes at
Rotary
and Granc
The construc.iion
Diego Area Regioral
Standard Specifications
Standard Special
Park and on Madison and Roosevelt between Laguna
Avenue.
work will be in accordance with the San
Standard Drawings (October 1982), the for Public Works (1982 Edition) and the
Provisions (October 1982).