Loading...
HomeMy WebLinkAbout1988-04-05; City Council; Resolution 88-103, 1 2 3 4 0 e RESOLUTION NO. 88-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWE: CITY OF CARLSEW3 AND THE COUNTY OF SAN DIEGO FOR MANAGEIENT AND IMPLEMENTATION OF 13TH YEAR COMMUNI' DEVELOPMENT BLOCK GRANT PROJECTS, AUTHORIZING THE 1 TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS. 5l WHEREAS, the City of Carlsbad, California, does he 6 resolve as follows: 7 (1) That an agreement between the City of Carlsbac * the County of San Diego for Management and Implementatic 9 13th Year Community Development Block Grant Projects, a lo of which is attached hereto as Exhibit A and made a par I' 11 hereof, is hereby approved. 12 (2) That the Mayor of the City of Carlsbad is hen l3 City of Carlsbad. l4 authorized to execute said agreement for and on behalf ( 20 1 1988, by the following vote, to wit: l9 City Council of the City of Carlsbad on the 5th day Apr 18 PASSED, APPROVED AND ADOPTED at a regular meeting c 1'7 directed to appropriate funds. l6 (3) That the Finance Director is hereby authorizec 15 21 ~ AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None 22 ABSTAIN: None 23 ABSENT : None 24 25 26 II ATTEST: CfiAUDE A. LE%IS, Mayor 27 28 -$f???M<E~&~~ Clerk (SEAL) :. . 7. 0 0 AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PR.OJECT This Agreement entered into by and between the CIT! CARLSRAD (hereinafter referred to as "CITY"), and the COUNT SAN DIEGO, (hereinafter referred to as "COUNTY"), WITNESSETH: WHEREAS, there has been enacted into law Public Law 93- the Housinq and Community Development Act of 1974, the pri: objective of which is the development of viable urban communi by providinq federal assistance for community developr activities in urban areas: and WHEREAS, County as an "urban county" as that term is use the Act, is authorized to apply for and accept Community Deve ment qrants with respect to its unincorporated territory and respect to included units of general local government with w it has entered into Cooperation Agreements to undertake 01 assist in the undertaking of essential community develonment housinq assistance activities: and WHEREAS, City is a unit of general local qovernment loc within the territorial boundaries of the County: and WHEREAS, and September 18, 1984 City and County entered a cooperative agreement for submission of a proposal to Department of Housinq and Urban Develomnent (hereinafter refe to as "HUD") : and WHEREAS, pursuant to that Cooperation Aqreement Co,. incorporated the City's proposal for the project describec Attachment "A" hereof (hereinafter referred to as the "Projet into the County's Application which was submitted to HUD: and WHEREAS, the Cooperation Agreement provided that in event that the City proposal is approved by HUD as part of County nroposal and Community Development Block Grant is madt the County on account of such proposal the parties heretoj will enter into a supplementary aqreement providing for implei tation of the City proposal by the County, the City or cooperative action of the two auencies; and CCSF No. 70.01 , .' : q. e e WHEREAS, HUD has approved the County application Community Development Block Grant funds; and WHEREAS, it is the desire of the City and the County the Projects be implemented by the City; and WHEREAS, the City shall undertake the same obliqation the County with respect to the Projects in the County's afore application for participation in the Community Development E Grant Program; NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: City agrees to implement Proiect described in Attachvent "A" hereof (entitled "Scopt Work") fully in accordance with the terms of the application made by the County to HUD for funds to carry out the Project the assurances (HUD Form No. 7068) which were submitted currently with the application. The Application and assura form is hereby incorporated by reference into this agree fully as if set forth herein. City agrees that it undert hereby the same obligations to the County that the County undertaken to HUD pursuant to said application and assuran City agrees to hold County harmless against any indemnity w it may suffer with respect to HUD on account of any failur the part of City to comply with the requirements of any obligation. The obligations undertaken by City include, but not limited to, the obligation to comply with each of following: (a) The Housing and Community Development Act of ' (Public Law 93-383) as amended; (b) Requlations of the Department of Housing and U Development relating to Community Development R Grants (Title 24, Chapter 17, Part 570 of the Codt Federal Regulations commencing with Section 570.1); (c) Regulations of the Department of Housing and U Development relating to environmental review proced for the Community Development Block Grant pro( (Title 24, Subtitle A, Part 58 of the Code of Fed1 Requlations, commencinq at Section 58.1); (d) Title VI of the Civil Riqhts Act of 1964 (Public La1 88-352); Title VI11 of the Civil Riqhts Act of 1 (?ublic Law 90-284); Section 109 of the Housing Community Development Act of 1974; Section 3 of Housing and Urban Development Act of 1968; Execu Order 11246; Executive Order 11063; and any requlations heretofore issued or to be issued implement these authorities relatinu to civil right ,d I I 0 0 (e) The Uniform Relocation Assistance and Real Prop Acquisition Policies Act of 1970 and requlat: adopted to imnlement that Act in the Code of Fed Requlations, Title 24, Part 42; (f) OMB Circular A-87 entitled "Cost Principles Applic to Grants and Grants and Contracts with State and L Governments" and OMR Circular A-102 entitled "Uni Administrative Requirements for Grants in Aid to S and Local Governments." Reference is particularly to the followinq appendices: (1) Appendix €3 of OMB Circular A-102 relatinc bondina and insurance; (2) Appendix G of OMR Circular A-102 relatin( financial panaqement systems which veet Fed1 standards for fund control and accountability; (3) Appendix N of OMB Circular A-102 pertaininc property management; (4) Appendix 0 of OMB Circular A-102 relatinc procurement standards; (a) The followinq laws and regulations relatinc, preservation of historic Dlaces: Public Law 89-665 Archeoloqical and Historical Preservation Act of (Public Law 93-291), and Executive Order 11 includins the procedures prescribed by the Advi: Council on Historic Preservation in 36 Code of Fed1 Reaulations, Part 800; (h) The Labor Standards Requlations set forth in Sec 570.705 of 24 CFR, Part 570; (i) The Architectural Barriers Act of 1968 U.S.C. Section 4151); Cj) The Hatch Act relating to the conduct of Dolit activities (Chapter 15 of Title 5, U.S.C.); (k) The Flood Disaster Protection Act of 1974 (Public 93-234 and the resulations adopted pursuant thereto) 24 CFR, Chapter X Subpart R; (1) The Clean Air Act (42 U.S.C. Section 1857 et seq.) the Federal Water Pollution Control Act, as amended U.S.C. Section 1251 et seq.) and the regulati adopted pursuant thereto (40 CFR, Part 15); ,- 1 4 e a (m) The City will adopt a Dolicy consistent with Roar Supervisors' Policy B-39, "Minority and Women Busi Enterprise Program", in order to insure that e effort is made to provide equal opportunity to e potential minority and women business venc contractor and subcontractor: (n) No member, officer or employee of the City, or desiqnee or aqents, no member of the governinq bod the locality in which the Droqram is situated, an( other public official of such locality or locali. who exercises any functions or responsibilities respect to the proqram during his/her tenure or for year thereafter, shall have any interest, direct indirect, in any contract or subcontract, or Drocess thereof, for work to be performed in connec with the program assisted under the Grant, and tha shall incorporate, or cause to be incorporated, in such contracts or subcontracts a provision prohibi such interest pursuant to the purposes of this cert cation. 2. COMPENSATION: County aqrees to pay City as tc compensation for implementing the Projects described he: project costs not to exceed the sum of $188,727. 3. COMPENSATION SCHEDULE: County aqrees to pay ( monthly progress payments upon certification and submittal City of a statement of actual expenditures incurred, grovit however, that not more than 90% of the total agreed compensa will be paid during the performance of this Aqreement. balance due shall be paid upon certification by City that al: the required services have been completed. Payment by County not to be construed as final in the event HUT> disallows rt bursement for the project or any portion thereof. 4. TERM: This agreement shall commence when execute( the parties hereto and shall continue in full force and ef until terminated as provided herein. The agreement may terminated by either party after 30 days notice of intentio~ terminate has been aiven to the other party, provided, howe that no notice of termination qiven by City shall be effeci unless HUD has aqreed to release County from its obligatj pursuant to the Projects. Alternatively, the agreement will automatically terminated in the event that the United Stz Government terminates the Community Development Block Gr Program or terminates the Projects, which is the subject of aqreement. ba ,-. 4 a 0 5. TERMINATION OF AGREEMENT FOR CAUSE: City and Ca recognize that the County is the governmental entity wl executed the grant agreement received pursuant to its applica and that it has thereby become leqally liable and respons thereunder for the proper performance of the Projects. through any cause City shall fail to fulfill in timely and pr manner its obligations under this agreement to undertake, con or perform the project identified in this agreement, or if shall violate any of the covenants, agreements, or stipulat of this agreement, County shall thereupon have the righi terminate this agreement by giving written notice to City of termination and specifying the effective date thereof at 1 five days before the effective date of such terminat Notwithstanding the above, City shall not be relievec liability to County for damaqes sustained by County by virtu any breach of the aqreement by City and County may withhold payments to City for the purpose of set-off until such timl the exact amount of damages due County from City is determi City hereby expressly waives any and all claims for damages Compensation arising under this aqreement except as set fort1 this section in the event of such termination. Notwithstanl any other provisions of this contract, City, by entering : this contract and the previous Cooperation Agreement, does waive or impair to any deuree whatever immunity from suit an damaqes to which it may leqally be entitled. 6. CONTRACT ADMINISTRATION: The Director, Housinq Community Development shall administer this aqreement on bel of the County. The City Manaqer shall administer this Aqree: on behalf of the City. City agrees to supply to County with reasonable period of time after request, progress report: other documentation as shall be required by the County's cont: administrator to audit performance of this aureement. 7. RECORDS AND REPORTS: The City shall maintain recc and make such reports as required by the Housing and Commul Development Director to enable the County to analyze utiliza. of the City's proqram. All records of the City respecting Projects shall be open and available for inspection by audi, assign'ed by BUD and/or the County during the normal busi~ hours of the City. 8. INDEMNIFICATION: The City agrees to fully indemn: defend and save harmless the County against any and all 11 damage, liability, claim, demand, suit or cause of act resultinq from injury or harm to any person or property aris out of or in any way connected with the performance of work ur this contract, excepting only such injury or harm as may caused solely and exclusively by the fault or negligence of County. 4* 0, ; e 9. NOTICE: .Any notice or notices required or permitte be uiven pursuant to- this aareement may be personally serve the other party by the party qiving such notice or may be se by certified mail. Notices hereunder shall be sufficient if by certified mail, postage prepaid to: CITY: COUNTY: City Manaqer City of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92045 Clerk of the Board of Supervisors County Administration Cent 1600 Pacific Hiqhway San Diego, CA. 92101 IN WITNESS WHEREOF, the parties have executed this agree on the year and day first.above written. CITY '/@ J/dRL by/ LA /#k f /t"c47 COUNTY OF .SAN DIEGO BY BY 1. IL. e 0 SCOPE OF WORK ATTACHMENT The City of Carlsbad has certain projects to be implemented L the Thirteenth-Year Community Development Block Grant Prog The work to be accomDlished consists of the followinq: 1. Continuation of the previously approved Commerc Rehabilitation Program with the City's redevelop: area. The proaram will consist of grants, leveraged loans, local leveracred. loans, direct inte subsidy or direct loans with an approximate pax loan amount of $5,000. The City aqrees that businesses receiving loans shall certify in writin the City that as a result of the loan that 51% of iobs, either new or retained, will be or are : available to low and moderate income persons. businesses must submit a auarterly report to City f period of one year after receivinq the loan. report shall contain income information on all per retained or hired, verifying that at least 51% of t persons are of low and moderate income. Low moderate income is defined as 80% of median incomc specified in the Section 8 Existinq Rental Assist, Proqram. 2. Continuation of the previously approved Residen Rehabilitation Proaram to be operated on a City-1 basis and will consist of: The City will make loans available at Below Ma Interest rates, Deferred Loans and Grants. Eliq participants will be property owners with an1 incomes that are within the Section 8 Existing Re Assistance program and Absentee owners who agret specific renta.1 rates in order to qualify. The ( will also establish a Loan Committee to review eacl the loans. Eligible improvements will consist of interior, exterior and code repairs which are elia: under Title I, FHA Loans. Below Market Interest rates (Low Interest Loans) I be from a minimum $1,000 to a maximum of $25,000 fc period of fifteen years. The interest rates will variable dependent upon the Applicants income. ' .) L h- " 4 * 0 Deferred Loans will be for a minimum of $500 t maximum of $7,500. A lien will be taken on property and the loan will be myable in full when property is sold. Grants will be available to owner-occupants fc maximum of $2,000. A grant will be limited to cove Uniform Housinq Code violations and to property w needs to be brouqht up to Rehabilitation standards. The City will operate the proqram in accordance the June 1981 "Residential Rehabilitation Progr which by reference is incorporated herein. The also agrees that all of the loans made will be persons of low and moderate income: i.e. , 80% or of median income. 3. The desiun and installation of approximately 12 bic. racks in the Core Villaue Area. 4. The construction of curbs, gutters and sidewalks approximately 400 lineal feet on Lincoln Street bet Elm Avenue and Oak Street. 5. The development and implementation of a prograr paint residential structures occupied by low moderate income persons within a tarqeted low moderate income deterioratinq area of the City accordance with the quidelines esta.blished by Office of Historic Preservation. 6. The preparation of a Historic Resources Survey wi the City to inventory historic sites and structu: which will identify valuable historic resources wi the City for future preservation activities. 7. The renovation of existing public restrooms, inclu, access for the handicapped, within the ATSF De buildinq at Elm Avenue and the railroad. accomplishinq this work the City aqrees to comply 1 th,e Secretary of Interior's Standards for Histc Preservation Projects. 8. Paving and installation of a drainaae swale for lineal feet of an alley located between Roosevelt State to the south of Elm Avenue to Oak Street. The construction work will be in accordance with the San D: Area Reqional Standard Drawinqs (May 1986), the Stanc Specifications €or Public Works (1985 Edition) and the Stan Special Provisions (January 1986).