HomeMy WebLinkAbout1979-03-20; City Council; 3542-8; Fourth Year Housing & Community Development Block Grant Management & Implementation AgreementCITY OF CARLSBAD
Initial
AGENDA BILL NO: Dept. Hd.
Cty. Atty
DATE: March 20 1979
Cty. Mgr.
DEPARTMENT: Redevelopment
SUBJECT: FOURTH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
MANAGEMENT AND IMPLEMENTATION AGREEMENT
Statement of the Matter
The City entered into a cooperative agreement on October 13, 1977, 1
to participate in the County's Fourth Year Housing and Community
Development Block Grant application.
The City has been awarded a $137,000 share of the Urban Count
Grant for a streetscaping plan and Phase I construction; a parking
plan and Phase I construction; and property acquisition for a
pedestrian link to the village area.
Environmental clearances have been granted for these projects, thereby
clearing the way for implementation. fi
The City must now enter into a management and implementation agree-
ment with the County which will release the funds for the fourth
year projects. Once this agreement is approved the City can move
ahead with the implementation of the fourth year HCD Block Grant
protects. (See attached memo)
Exhibit
Resolution 3 7 //__
Memo dated March ,, 1979
Recommendation
It is recommended that if Council desires to begin implementation of
Fourth Year HDC projects, it adopt the attached resolution.
Co _
uncil Action:
3-20-79 Council adopted Resolution 5711, approving an agreement with the
County of San Diego for management and implementation of Fourth
JEH:jd Year Housing and Community -Development Block Grant Project.
3/8/79
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RESOLUTION N0.5711
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 14AIIAGEMENT AND IMPLE-
M-ENTATION OF FOURTH YEAR HOUSING AND
COMMdNITY DEVELOPMENT BLOCK GRANT
PROJECTS AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
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 Implementa-
tion of Fourth Year Housing and Community Development
Block Grant Project, 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad, California, held on the
20th day of March, 1979, by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ABSTAIN: None
RUNALD C . PACICARD, Mayor
ATTEST:
A T A L.467r-4Er,1Z, CityC e
(SEAL)
AGREEMENT FOR �s_nNAGEMENT AND IMPLEMENTATION
OF A COMMUNITY DEVELOPMENT BLOCK GRANT PRO.7ECT
THIS AGREEMENT entered into by and between the CITY OF
CARLSBAD (hereinafter iftreferred to As "CITY"), and the `
,
COUNTY OF SAN DIEGO (hereinafter referred to as "COUNTY"),
on
W I a N E S S E T H:
WHEREAS, there has been enacted into law Public Law 93- 4
383, the Housing and' Community Development Act of 1974, the
primary objective of which is the de7elopmeiit of viable
urban communities by providing federal assistance for community
development activities 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
tel:ritory 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
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activities; and
WHEREAS, City is a unit of general 16ca1 government
• located within the territorial boundaries of the County; and
WHEREAS, on November 29, 1979, City and County entered
into a cooperative agree-ment for submission of a proposal to
the Department of itousing and Urban Development (hereinafter
referred to as "HUD"): and
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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 For implemen-
tation of the City proposal by the County, the City or by cooper-
ative action of the two agencies; and
WHEREAS, HUD has approved the County application for Com-
munity Development Block Grant funds; and
WHEREAS, it is the desire of the City and the County that
the Project be implemented by the City; and
WHEREAS the City shall undertake the same obligations to the
County with respect to the Project as the County has undertaken
to HUD with respect to the Project in the County's aforesaid
application for participation in the Community Development Block
Grant program; NOW THEREFORE
IT IS AGREED AS i'nLLONS:
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 concurrently'
with the application. The application and assurances
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a �
form is hereby incorporated by reference into this agreement
fully as if set forth herein. City agrees that it undertakes
her the same obligations to the County that the County has
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undertaken to HUD pursuant to said application and assurances. i
City agrees to hold County harmless against any 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:
(a) The Housing and Community Development Act o% 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 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);
(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
Community Development Act of 1974; Section 3 of the
Housing and Urban Development Act of 1968; Executive t
Order 11246; Executive Order 11063; and any HUU,
-y -
xegulu..ions heretofore issued oL to be issued to i
implement these authori+iQs relating to civil rights;
(e) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 raid regulations
adopter to implement that Act in the Code of Federal
Regulations, T'-,ae 24, Part 42;
(f) Federal Management Circular 74-4 entitled "Cost
Principles Applicable to. Grants and Contracts with ;
State and Local Governments" and Federal I., . emsnt
Circular 74-7 entitled "Uniform Administrative Require-
ments for Grants in Aid to State and Local Governments."
Reference is particularly ;!lade to the following
appendices:
(1) Appendix G of Federal Nanagement Circular 74-7 -
relating to financial management systems which
meet Federal standards for fund control and
accountability;
(2) Appendix h of Federal management Circular 74, 7,
pertaining to property management;
(3) Appendix O of Federal Dmanagetrent, Circular 74-7
relating to procurement standards;
(4) Appendix B of Federal tanagement Circular 74-7
relating to bonding and insurance;
(g) The following laws and regulations relating to
preservation of historic places: Public Law 89-665,
the Archeological and historical Preservation Act of
1974 (Public La-,•r 93-291) , and Executive Order 11593
•
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including the procedures prescribed by the Advisory
Council on Historic Preservation in 36 Code of Federal
Regulations, Part 800;
(ft) The Labor Standards Regulations set forth in Section
570.605 of 24 CFR, Part 570;
;) The Architectural Barriers Act of 1968 (42 U.S.G.
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
y 93-234 avid the regulations adopted pursuant thereto) 24
CFR, Chapter X Subpart B;
(l) 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 i
adopted pursuant thereto (40 CrR, Part l5).
2. Compensation: County agrees to pay.City as total
compensation for implementation foc the Projects described herein
project costs not to exceed the sum of $137,000.
3. Compensation Schedule: County agrees to pay City
monthly progress payments of actual costs, upon certification and
a statemOr+- of actual expenditures incurred,
submittal by City of
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. The balance due shall.
be paid upon certification by City that all of the required
services have been completed. Paymert by County is not to be
construed as final in the event that HUD disallows reimbursement
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for the project or any portion thereof.
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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 3u 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. 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 the
Agreement.
5. Termination 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
its obligations under this Agreement to undertake, conduct, or
perform the project identified in this Agreement, or if City shall
.J•clate 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 Cityof such termina-
tion and specifying the effective date thereof at least 5 days
before the effective date of such termination. Notwithstanding
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the above, City shall not be relieved of liability to County for }
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damages sustained by County by virtue of any breach of the Agreement
by City and County may withhold any payments to City for the j
purpose of set-off until such time as the exact amount of damages
determined. City hereby expressly waives
due Coudty from City is
ariy and all claims for damages for compensation arising under
set forth in this section in the event
this Agreement except as
of such termination.
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 to 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. »
7. Records and Reports: The City shall maintain records'
andmake such reports as required by the 1Iousing and Community
Development Director to enable the County to analyze utilization
of the City's program. All records of the City respecting this
project shall be open and available for inspection by auditors
assigned by 11UD 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 expense
that the other party may sustain, incur, or become liable for
resulting in any manner from, or connected with, the implementa-
tion of this Project, including any loss, damage or expense
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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 td
be given pursuant to this Agreement may he 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 certified mail, postage prepaid to:
CITY: COUNTY:
Paul D. Bussej► Clerk of the Board of Supervisors
City Manager County Administration Center
1200 Elm Avenue 1600 Pacific Highway
Carlsbad, CA 92008 San Diego, California 9210.1
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
CITY OF CARISM COUNTY OF SAN DIEGO
BY er1tl.G1�lL - �,d� BY
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_ ATVNCHMENT A ---
SCOPE OF WORK +
The City of Carlsbad has certain projects funded from the
.Fourth -Year Community Development Block Grant. The work con-
sists•of the following:
1. 'Design and construction of a public parking area at k
the northwest corner of the intersection of State
and Grand.
a) Parking Plan - The plan would cover approximately
15,000 square feet, as indicated in (Attachment 1),
owned by, the City and will address the comprehen-
sive development of a parking facility including
landscaping, space arrangement, lighting, signing
and construction cost estimates.
b) Construction of the south half of the property
for 20 to 25 parking spaces. Costs will include
relocation assistance.
2. Streetscape Plan and Phase I Construction.
a) Streetscape Plan - The Plan will address the im-
provement of the streetscape within the core area
of the inner-city (Attachment 2) with the goal of
minimizing pedestrian/vehiclar conflict and increas-
ing pedestrian usability. items to be included
within the plan are lighting, street furniture,
landscaping and construction cost estimates. The
resulting plan document will specify unifirom stan-
dards�for public right-of-ways.
b) Phase I Construction - This will focus on' gateways
• in and through the village area and installation of
materials for Elm Avenue from State to Washington
and Grand Avenue from State to Washington.
3. Core Area Property Acquisition - Acquisition by long
term lease or purchase of one mid -block lot on State,
Roosevelt and Madision (Attachment 3) to provide
adequate mid -block pedestrian access. Lots will include
acquisition, demolition, relocation assistance and
improvement of one -mid -block access point.
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MEMORANDUM
DATE: March 9, 1979
TO: Jack E. Henthorn, Redevelopment Coordinato
FROM: Andrew J. Aitken, Administrative Intern J
SUBJECT: MANAGEMENT AND IMPLEMENTATION AGREEMENT FOR
FOURTH YEAR HCD BLOCK GRANT FUNDS
Background
Prior to the County releasing any Block Grant monies from the
fourth year application, the County requires that the City
execute a Management and Implementation agreement. This agree-
ment holds the County harmless should the City violate any
federal regulations relating to the Housing and Community
Development Act of 1974. In addition, the agreement provides
for release of grant funds upon completion of specified phases
of the projects.
Project Status
it is anticipated that request for design proposals on the
streetscaping plan and the parking plan will be sought during
the month of March, and contracts for design services on these
projects should be let in April. After the design phase of
these projects is completed the construction Phase I of both
projects may begin.
It appears that both projects could be completed as early as
midsummer of this year.
Recommendation
That we send an agenda bill to the Council requesting that
they approve the Implementation Agreement for the Fourth Year
projects as funded under the County's Housing and Community
Development Block Grant application.
DA:jd
3/9/79