HomeMy WebLinkAbout1977-08-16; City Council; 3542-4; Second Year Housing & Community Development Block Block Grant Management & Implementation AgreementCITY OF "RI.SBAD
AGENDA BILL i;0.-- r V'Q_ -
DATE: August 16, 1977
DEPARTMENT:
Planning
0
Initial_
Dept. Hd.
City Atty
City Mgr.
IM JE—CT:
Second Year Housing and Community Development
Block Grant Management and Implementation Agreement
STT EMENT OF THE MATTER
The City entered into a cooperative agreement on December 16, ).975 to participate
in tY:e County's Second Year Housing and Community Development Block Grant application,
The City has been awarded a $68,000 share of the Urban County Grant for the
construction of inprovements to the Harding Street Conm mity Center ($41,280),
installation of sidewalks in the downtown area ($13,760) and installation of lights
and landscaping at Chase Little League Field ($13,760).
Because of the problem with the Federal HCD Regulations, the Chase Field project
has been delayed indefinitely. Staff, therefore, recommends that the Chase Field
Grant monies ($13,760) be reallocated to the Harding Street Canmanity Center with the
understanding that the Council can in the future transfer budgeted City funds from the
Harding Street Community Center project to the Chase Field project to compensate for
the redistribution of grant funds.
The City must now enter into a Management and Implementation Agreement with the
County which will release funds for construction. The attached contract, when executed,
will enable the City to camience bidding on the Harding Street cc m mity Center
and sidewalk projects.
EXHIBITS
Manorandum from D. whitson to Planning Director dated 8/l/77.
Agreement for Management and Implementation between the City of Carlsbad and the
County of San Diego.
Resolution No. �� �
RECOWENDATICN
It is recormended that the City Council authorize the'Mayor to sign the Agreement for
Management and Implementation of the Second Year Housing and Community Development
Block Grant by adopting Resolution No. � lf..9'
Council action
8-16-77 Resolution #5175 was
County for management
Grant project.
FORM PLANNING 73
adopted approving an agreement between City and the
and implementation of a Community Development Block
MEMORANDUM
DATE: August 1, 1977
TO: James C. Hagaman, Planning Director
FROM: Dana H. Whitson, Assistant Planner
SUBJECT: Second Year Housing and Community Development Block Grant
Implementation Agreement
BACKGROUND
Prior to releasing any Second Year Community Development Block Grant
monies to the City, the County requires execution of an Implementation
Agreement. The agreement holds the County harmless should the City
violate any federal regulations relating to the Housing and Community
Development Act of 1974. In addition, the Implementation Agreement
provides for release of grant funds upon completion of specified phases
of the projects.
PROJECT STATUS
The Harding Street Community Center project is still several months
away from the start of construction. An architect has been hired to
prepare a space study for the Community Center. When that is completed,
the City can proceed with preparation of specifications and request
construction bids on the project.
Engineering staff is in the process of preparing specifications for the
downtown sidewalk construction project. Char;ie Grimm and I contacted
the property owners on the east side of Roosevelt Street between the
post office and Laguna Drive. Eight of the nine persons we contacted
consented to for sidewalk purposes.•
efeelthatthis isanexcellent
The Chase Field project is the furthest along in the City's design pro-
cess. However, HUD has alerted the County that the project
T may
Cbein
ounty-
eligible because it is on School District -owned property.
Counsel has been conferring with HUD attorneys on this matter
ince early
this year and to date there has been no resolution. It appears
the
City must wait indefinitely for either HUD to resolve the conflict, or
Staff
for the School District to deed the property to the City. County
has suggested that the easiest solution would be for the City to transfer
the $13,760 allocated in grant funds for the Chase Field project to the
Community Center project. The City can then transfer budgeted Community
Center monies to help pay for the Chase Field improvements.
A.
August 1, 1977
Page Two
t
RECOMMENDATIONS
1. That we send an agenda bill to the Council requesting that they
approve the Implementation Agreement for the Harding Street Community
Center and the Downtown sidewalks; t
2. That we request Council to reallocate the $13,760 intended for the
, with the understanding
Chase Field project to the Community Center
that fundsthe to ensurelthatltheater ChaserFieldran improvementsnaremoun
made.in City
DHW:Jp
t
7�
t
E
i
� 3
B
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION
OF A COMMUNITY DEVELOPMENT BLOCK GRAI4T 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,,there has been enacted into law Public Law 93-333,
the Housing and Community Development AG* 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
development grants with respect to its unincorporated territory
and with respect to include units of general local government
with which it has entered into cooperation agreements to undertake
or to assir:t 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 January 14, 1976, City and. County dntered into a
cooperative agreement for submission of a proposal to the Depart-
ment of Housing and Urban Development (hereinafter referred to as
"HUD") , and
J
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 provided4that 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-1 supplementary agreement providing for imple-
mentation of the; City proposal by the County, the City or by
cooperative action of the two agencies; and
WHEREAS, LUD 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 he 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 undertaken to HUD by reason of the
fact that the Project is included in its application for 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. 7015.12) which were submitted con-
currently with the application. The application and assurances
i
'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 i
assurances. City agrees to hold County harmless against any !
a
idemnity which it may suffer with respect to HUD on account a
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:
(a) The Housing and Community Development Net of 1974
(Public Law 93-383);
(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 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 88-352); Title VIII of the Civil Rights Act of
1968 (Public Law 90-284); Section 109 of the
Housing and Communi_y Development Act of 1974;
Section 3 of the Housing and Urban Development Act of 1968;
Executive order 11246; Executive Order 11063; and any HUD
k
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;
(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
appendices:
(1) Appendix G of Federal Management Circular 74-7
relating to financial management systems which
meet Federal• standards for fund control and
accountability;
(2) Appendix N of Federal Management Circular 74-7
pertaining to property management;
(3) Appendix 0 of Federal Management Circular 74-7
relating to procurement sta--'lards;
(4) Appendix B of Federal Management Circular 74-7
relating to bonding and insurance;
(g) The following laws and regulations relating to ,
preservation of historic places: Public Law 09-665
the Archeological and Historical Preservation Act of
1974 (Public Law 93-291), and Executive Order 11593
including the procedures prescribed by the Advisory
Council on Historic Preservation in 36 Code of Federal
]Regulations, Fart 800;
(h) The Labor Standards Regulations set forth in Section -
570.605 of 24 CFR, Part 570;
a
(i) The Architectural Barriers Act of 1968 (42 U.S.C.
Section 4)51);
(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)
z
24 CFR, Chapter X, Subpart B;
(1) The Clean Air Act (42 U.S.C. Section 1857 et seq.) and
the Federal Plater Pollution Control Act, as amended
(33 U.S.C. Section 1251 et seq.) and the regulations
adopted pursuant thereto (40 C.F.K., Part 15). �)
i
2. Compensation. County agrees to pay City as total
compensation for implementing the Projects described herein
project costs not to exceed the sum of $,68, 800.
3. Compensation Schedule. County agrees to pay to City ;
partial progress payments of actual costs, not to exceed the f
amount indicated, upon certification by City that the following
specified points have been reached in the scheduled implementation
of the projects and upon submittal by City of a statement of
acutal expenditures incurred. Payment by County is not to be
construed as final in the event that HUD disallows reimbursement ,
for the project on any portion thereof.
• 1
Upon completion of Phase I, items 1,2,3,4 & 5'
as described in the attached Scope of Work - $39,010 <
Upon the completion of Phase I, items 6 and 7
as described in the attached Scope of Work - 13,500
Upon completion of Phase I, item 8 as
described in the attached Scope of of Work - 2,530
Upon•the completion of Phase II, as described
in the Attached Scope of Work. .13,760 w
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
t
to terminate has been given to the other party, provided, however,'
that no notice of terminatiori giver. by City shall be effective
unless HUD has agreed io 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
agreement.
S. Termination of Agreement for Cause. City and County
recognizes 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
M
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
5 days before the effective date of such termination. Plotwith-
standing 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 here-
by expressly waives any and all claims for damages for compensa-
tion arising under this agreement except as set forth in this
section in the event of such termination.
G. 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 to County within a
reasonable period if 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 Reports. 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 City's program. All records of the City respecting this
�"•, ralak.,
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. 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
h�
expense that the other party may sustain, incur, or become;
k
liable for resulting in any manner from, or connected with, the
a�
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
i
to be given pursuant to this agreement may be personally served
't
a
on the other party by the party giving such notice or may be
served by certified mail. Notices hereunder shall be sufficient r
if sent by certified mail, postage prepaid to:
CITY: COUNTY:
.city Manager Clerk of the Board of Supervisors
1200 Elm Avenue County Administration Center
Carlsbad, California 92008 1600 Pacific Highway
San Diego, California 92101
IN WITNESS 1111EREOF, the parties have executed this agreement
on the day and year first above written.
CITY OF CARLSBAD COUNTY OF SAN DIEGO
By —
By
SCOPE OF WORK
(Carlsbad)
Attachment A
The City of Carlsbad has two projects to be funded by Second -Year
Community Development Block Grant. The project and work to be
accomplished as follows:
PHASE. I - Harding Street Community Center consists of the
renovation and conversion of City owned facilities to a
multi -purpose complex as shown on Exhibit 1. Specific
improvements to be made are to be accomplished as follows:
1. Termite inspection and repair, construction of new
doorways, walls and shelving, interior and exterior
painting and carpet cleaning of the Community Center.
2. Termite inspection and control, purchase and instal-
lation of portable wall divider and fixtures, repairs
and interior and exterior painting of the Recreation
Hall. Termite inspection and repair of auditorium
and garage/apartment.
3. Construction of parking spaces behind the Community
Center and Recreation Hall along alley.
4. Construction of additonal sidewalks.
S. Move activity building from west side of Harding
Street to Magee property.
6. Construction of patio shade structure between Com-
munity Center and Recreation Hall.
7. Relandscaping existing grounds (site preparation,
installation of irrigation system, planting of trees,
shrubs and ground cover) and installation of recre-
ational amenities.
8. Renovation of garage/apartment behind Community Center
for game (pool, ping-pong) activities.
PHASE II - Construction of sidewalks within the inner city
at the following locations; and as indicated on Exhibit 2:
1. Construction of approximately 578 feet of 5 foot wide
concrete sidewalk on the east side of Roosevelt Street
between Laguna Drive and Beech Avenue.
'2. Cohstrut-cion of approximately 311 Leet of 5 foot wide
concrete sidewalk on the north and south sides of
Elm Avenue between Washington Street and Carlsbad
Boulevard.
3. Repair and replace approximately 54 feet of concrete
sidewalk on the east side of Jefferson Street between
Elm Avenue and/or;
4. Alternate location to repair and replace approximately
107 .feet'of concrete sidewalk on the east side of
Jefferson Street between Magnolia Avenue and Sandra
(Carol) Place and/or;
5. Alternate location to construct approximately 750
feet of 4 foot wide asphalt sidewalk on the north
side of Grand Avenue between Garfield Street and
Ocean Street, and east side of Ocean Street between
Elm Avenue and Oak Avenue.
I
J�L-C-
M
M
i
-- 'OAK %V E-
EiXIIIBIT 1 -
HARDING' STREET CODA M U, it i Y
CENTER
RESOLUTION NO. 5175
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
APPROVING AN AGREEMENT
CARLSBAD, CALIFORNIA,
BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF
SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION OF
4
A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AND
TO EXECUTE SAID AGREEMENT.
AUTHORIZING THE MAYOR
C
k
6
The City Council of the City of Carlsbad, California, does
i
7
hereby resolve as follows:
8
(1) That an agreement between the City of Carlsbad and
for Management and Impl
the County of San Diego
of a Community Development Block Grant,
g
mentation
Project, a copy of which is attached hereto as
"A" a hereof, is hereby
1p
Exhibit and made part
approved.
11
(2) That the Mayor of the City of Carlsbad is hereby
directed to execute said agreement
!
4
12
authorized and
for and on behalf of the City of Carlsbad.
13
PASSED, APPROVED tiND ADOPTED at a regular meeting of the
'-
14
City Council of the City of Carlsbad, California, held on the
15
16th day of August 1977, by the following vote, to
� ,
16
wit:
1'7
AYES: Councilmen Frazee, Lewis, Skotnicki and Councilwoman Casler
18
NOES: None
19
ABSTAIN: None
20
Councilman i'ackard
ABSENT: J/
21
r OLC
22
Ro ert C. Frazee, Ma r
23
ATTEST:
24
�M4arar�E.
25
A ams, C ty C er
26
(SEAL)
27
28