HomeMy WebLinkAbout1976-08-17; City Council; 3741; Housing & Community Block Grant Management and Implementation AgreementCITY OF CARLSBAD
AGERDA B I;LL NO..
DATE:" "August 17, '1976
DEPARTMENT:; PLANNING
SUBJECT: HOUSING AND'COMMUNITY BLOCK GRANT,
MANAGEMENT AND IMPLEMENTATION AGREEMENT
Statement 'of 'the 'Matter
Initial:
Dept. Hd.�
City Atty_ �
City Mgr.
The City of Carlsbad entered into a cooperative agreement
in April 1975 to participate in the Housing and Urban Develop-
ment (HUD) Community Block Grant Program (HCD).
The City received $35,000 for restoration of the McGee House
and for installation of wheelchair ramps. at various locations
in the downtown.
The City must now enter into a Management and Implementation
Agreement which will release the funds for construction. The
attached'contract requires that all federal HUD requirements
relating to fair employment, housing., relocation, etc. be met.
Exhibit:
• Agreement for Management and Implementation
between City of Carlsbad and County of San Diego
.Resolution No.Ifft
Recommendation:
It is recommended that the City Council approve the contract
and authorize the Mayor to sign said agreement for the Manage-
ment and Implemntation of the 1st year HCD grant -by adopting
Resolution No..
Council action
8-17-76 Resolution #3991 was adopted, approving an agreement between
City and County of San Diego for Management and Implementation
of a community Development Block Grant Project.
i
FORM PLANNING 73
I RESOLUTION NO. 3991�
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
MENT'BETWEEN THE CITY OF CARLSBAD AND THE COUNTY
OF SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION
OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
5 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE-
MENT.
6
7 The City Council of the City of Carlsbad, California, does
8 hereby resolve as follows:
9 (1) -That an agreement between the City of Carlsbad and
the County of San Diego for Management and Implementa-
10
tion of a Community Development Block Grant Project,
11 a copy of which is attached hereto as Exhibit "A" and
made a part herof, is hereby approved.
12 (2) That the Mayor of the City of Carlsbad is hereby
13 authorized and directed to execute said agreement
for and on behalf of the City of Carlsbad.
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the
3.5 City Council of the City of Carlsbad, California, held on the
16 17thday of August 1976, by the following vote, to
- 17 wit:
3.8 AYES: Councilmen Frazee, Lewis, Skotnicki and
19 Councilwoman Casler
NOES: None
20 ABSTAIN: None
21 ABSENT: Councilman Packard
22
_.. 23 ..
24 obert C. Frazee, Ma r
ATTEST: - -
.._ 25
26
27 Mar ar� E. Adams, ity Clerk
28 (SEAL)
EXHIBIT "A"
r
AGREEMENT,FOIt,MANAGEMENT AND IMPLEMENTATION
OF A COIdMUNITY DEVELOP14ENT 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"),
WITNESSETH:
WHEREAS, then; 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 activi-
ties 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 ;de-
velopment 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 included
within the territorial boundaries of County; and
WHEREAS, on April 14, 1975, City and County entered into a
cooperative agreement for submission of a proposal to the Depart-
ment 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 a community development block grant is made
to the County on account of such proposal the parties heretofore
will enter into a supplementary agreement providing foi imple-
mentation of the City proposal by the County, the City or by
cooperative action of the two agencies; and
WHEREAS, HUD has approved the County application for
community development block grant funds; and
' WHEREAS, it is the desiie of the City and•the County that '
the Project be implemented'by the -City and that the City shall'
undertake the same obligations to the County with respect -to the
Project that the County has ufi& tV.6n to HUD by reason Iof the
fact that the Project is included in its application for the
commwiity 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 U' carry out the Project and,
the assurances (HUD Form No. 7015.12) which were submitted con-
currently with the application. The application and assurances
u
m
form is hereby incorporated by reference into this agreement
fully as if 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.
City agrees to hold County harmless against any indemnity which
it may suffer with respect to HUD on account of any failure on
the,paxt.of City toIcomply 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:
(a) The Housing and Community Development Act of 1974
(Public Law 93-383);
(b) Regulations of the Department of Housing and Urban
.,Development relating to cormunity development ,block , _ _
grants_•(Ti.tle_24., Chapter V,. Part ,570, of the Code of
Federal Regulations commencing with Section
�) Regulations of the Department of Housing and Urban ._._.._
,._ _
Development relating to environmental review pro-
cedures for the community development block grant ..
program (Title 24, Subtitle A, Part 58 of the Code
of Federal Regulations, commencing at Section 58.1);
(d) Title VI of the Civil Rights Act of 1964 (Public Law M
88-352); Title VIII of the Civil Rights Act of 1968�
(Public Law q90-284 ) Section 109 of _the Housing and
Community T -
Community Development Act of 1974; Section 3 of the
._ Housing and Urban Development Act of 1968; Executive` r w
Order 11246; Executive Order 11036; and any HUD
5
} regulations heretofore issued or to be issued to
• implement these authorities relating to cavil 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;
(f) Federal Management Circular 74-4 entitled "Cost �}
..__
Principles Applicable to Grants and Contracts With
State and Local Governments" and Federal Management
Circular 74-7 entitled "Uniform Administrative Require-
ments For Grants in Aid to State and Local. Governments".
Reference is particularly made to the following R
appendices: $j
(1) Appendix G of Federal Management Circular 74-7
relating to financial management systems which
Yµ
meet Federal standards for fund control and" IJ
accountability;
(2) Appendix N of Federal Management Circular 74-7
pertaining to property management;
(3) Appendix 0 of Federal Management Circular 74-7
. - 1
relating to procurement standards; t
(4) Appendix B of Federal Management Circular 74-7
relating to bonding and insurance;
(g) The following laws and regulations relating to
preservatior, of historic places: Public Law 89-665,
the Archeological and Historical Preservation Act of
1974 (Public Law 93-291), and Executive Order 11593
• 1
i
including the procedures prescribed by the Advisory
Council on Historic Preservation in 36 Code of Federal
Regulations, Part 800 ;
(h) The Labor Standards Regulations set forth in Section
570.605 of 24 C.F.R., Part 570; i
i
z
(i) The Architectural Barriers Act of 1968 (42 U.S.C. t•
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 I
93-234 and the regulations adopted pursuant thereto)
24 C.F.R., Chapter X, Subpart B; !�
(1) The Clean Air Act (42 U.S.C. Section 1857 et seq.) and i
a
the Federal Water Pollution Control Act, as amended
(33 U.S.C. Section 1251 et seq.) and the regulations
adopted pursuant thereto (40 C.F.R., Part 15). #
2. Compensation. County agrees to pay City as total
y compensation ,for implementing the Projects described herein
project costs not to exceed the -sum of $34,402 .
3. Compensation Schedule. County agrees to pay to City__R
partial progress payments of actual costs, not to exceed the
i
amount indicated, upon certification by City that the following x
_ specified points have been reached in the scheduled implementation
of the project and upon submittal by`City of a statement of actual
expenditures incurred. Payment by County is not to be construed _.
as final in the event that HUD disallows reimbursement for the
~ projects or*any portion thereof.
Upon completion of the construction of the
•wheelchair ramps as described in Item 1 of
the attached scope of work $10,000
Upon completion of Phase I as described in
Item 2'of the attached scope of work $16,000 -
Upon completion of Phase II as described
in Item 2 of the attached scope of work $ 61402
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 part} after 30 days notice of intention
to terminate has been giver} 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 this �I
agreement.
_ S. Termination of Agreement For Cause. City and County__
recognize that that the County is the governmental entity which_
executed the grant agreement received pursuant to its applica-
tion 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 least
3 -days before the effective -date of such termi-nation: ` Notwitii-=
standing the above, City shall not be relieved of liability to y
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 here-
by expressly waives any and all claims for.damages for compensa-
tiora arising under this agreement except as set forth• ib' this -- -- ...K "{
section in the event of such termination.
6. Contract Administration. The -Housing and CommunUti '
Development Director shall administer this -agreement on behalf ----
of
a
the County. The City Manager shall administer this agreement
x.---on-'-behal-f-of--the-G-ity.-- City agrees to supply-tn--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.
Records and Reports. -The City"sha l=maintain_secords
:and make-nueh-reports -as required by --the Hoiisang "aria "CQmmunitjr- '-= — `="
_ )
Development Director to enable the County to analyze utilization
4
—of the Ci"ty is -Program- All records -of•- the_City. respecting this
"-F ojest "shall -b`e open arid- -available for"inspection by auditors-
assigned assigned by--IIUD and/or the County on" -reasonable- notice during
`the normal business hours of*the City.
8. Inddmriification. To -the extent -authorized by 'law,-
each party -shall at- all-times"indemni-fy and save harmless -the-
other p`azty ag`a3ns£ ani3' pay —an full -any and all - los-s; damage `or �" 71
-expense that the other party may sustain,` incur, or become.liable -:
---for resulting -in -any manner -from, or connected with; -the implemen- --
cation of _this, Project,_ including .any__ loss, damage or expense --
arising out of, lobs ofa_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 cert' Eied mail,. postage- prepaid to: - -
4 City Manager Clerk of the Board of Supervisurs
1200 Elm Avenue County AdministXati-on. Center,..,..,.......•,.,
-Carlsbad, Cil%fornia_ 92008 i600 Pacific Highway
San Diego, galifornia_, 92101_
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
rCITY -OF CARLSBAD COUNTY OF SAN DIEGO
BY �p-- By `
RO fiRT -C:--FRAZEE-, 41ayor
ATTACHMENT A
SCOPE & WO12K
` ~ _ The work to be carried out in these projects consists of:
1. Col:struction of 37 wheelchair ramps at-selected'intersectioris
witlin the City of Carlsbad. Specific locations of the inter-
, sections are shown in Exhibits A and B. The ramps will be
constructed according to the City°s standard drawing shown in
Exhibit C.
2. Renovations of the Magee House at 258 Beech Street, Carlsbad,
for use as a neighborhood facility. The architectural plans
- submitted by the City are by reference incorporated herein.
The specific improvements to be made are to be done -In -the
_ -.----following phases:
Phase I. Demolition of interior, foundation repairs,_rough..,_
-and--finished plumbing, rough and finished lumber, �M
- ----insulation, carpentry; sanxI±ng i and sealing the - --
flooring.
"'Phase II. Installation of electrical wiring and fixtures,
drywall and roofing, install cabinets, ceramic ;
tile, carpeting; window frames, sash and glazing;
doors (22), hardware, and the final cleanup.
EXHIBIT
A
DESCRIPTION OF INTERSECTIONS TO BE RAV4PED
•
Location
Corners to be
Sidewalk
�
Ramped
Size
�`"` , •:1.
- :State and-Grand
HE,
NW, SE,
SW
10,
2.
State and Elm
HE,
NW, SE,
SW
10,
3
3.
Roosevelt and Grand
NW,
SE, SW
10'
!
4.
Roosevelt and Elm
HE,
NW,. SE,
SW-
10'• - - - -
- � "
` 5.
Carlsbad Blvd. and Grand '
NE,
NW, .SE
10,
6.
Washington and Grand
HE,
SE, SW
-
5'
i
7.
Harding and Elm
HE,
NW, SE,
SW
10'
'
.8.
Jefferson and Elm.._ - ---
'Madison
- NE; -NW; SE;
-SW- -
10, '
9.�
and Elm
• NE,
NW, SE,
SW
10'
j
' 16.
Harding and Oak___...._.__
NE;
NW; SE,
SW
•
101'
A1terhatives•
• • 11.
No Pico and Elm
HE,
Mil, SF.,
SW
10'
12.
Harding and Pine
HE,
NW, SE,
S14
10' _
-- 13.
Harding and Chestnut
HE,
NW, SE,
SW
10'
14.
Madison and Grand
SE,
SW
J5.
6efferson And Grand
HE,
NW, SE,
SW
5' and 10'
'16.
Harding an. Grand
SE,
SW
10,
'
.. .y ...,,may` _ �. ..����/ - :.. �r......^•'•tea.!; �•f`rv- ..,.
',.a�:s•ws.�+C4�..��+:�•-w.rlr:....�y7i�w.�r,`'K�••.• '�iy •i � . �t A w .=w i....4'..... ;':�•••,•�•�• .� _'�.:r� .
1� `
EXHIBIT -
.Toy
' IN,
tlNI1Me0 .t ,
j j , ! III Ir•; I 1�
e !;
.:_...... __ 14 1 o r.o.�oN it fi
I � i! i I 7• I i i I �� i I I ( t i I �, 7j1: 1 I 1 )
IlliiIT I !!' �� �j�'I, —; iliiri �j•I I�� i
1.1
�If�� I; I !il, _..7. i I I 1
1 k
EXHIBIT"C" --
I7 1/2' hfin Gutter Grade
See Detail A
` 12:1 Slope Max -
-'See
SECTION A —A Detail C
• - �+- 1/2" Lip -on Depress:d. Curb _
See Detail B Section will be sloped at 45' -�-- ;
•
.mot I...: ; ; -•�- h
DETAIL C
6.
'P-� ..�. .. 61
+r -.,•,ems .._...-•a --._ _ -.. ..___ --' i- w• ».._...._.+�_.—.._.�� � ..—_..._.-.,.. _.f— __%.�_..__�. _ —..�.i
DETAIL=A DETAIL-B »Y
AX
-NOTES• �.
1.-Ramp_ifiil't,becenteted 4h.7 4 ctlq'opposle the bisector of the __ --- -• - -
_. curb return or -as directed -by the Agency--- - - —i
;2; LrithF, tamp area, the slope shall not exceed 12:1 (8,33%). Any _ _ •__ __ _ .. _ _ - - _•i
• ; deviation must be approved by the Agency.
'. '"tXtate-to'be heavy"broom-finiih-$ani7eerse-to- axis of tamp:
- - - �- Revision By Approved Dote-
_.eecoriltkill o ay tNe $ir mtaa =- _SAN DIEGI-REGIONAL STANDARD- DRAWING._-
- - - aatroxat sruraswr-cae�mrt -- — - ( -
-,. t+.G , uw -
SIDEWALK RAMP
%HAWING
.,UMBER G-8 _