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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 i ► f N 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 f 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 i -2- 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 -3- 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 1 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 • • 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 • 3 for the project or any portion thereof. -6- 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 • c the above, City shall not be relieved of liability to County for } ..! ' -7- 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 . 1 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 • 1 jj ' f _ 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. MI Ell INI Is' ot%ckl AY[ C) PC) sz- Io COAA Ave FPORTH YEAP BLOCK HED L 9-49 WINC Avt MR. 'WAIlml Ave Va III.Ioi.flrl.. AT7-14C 14q I -ell � .ice i � �:"•i•Fk -� , \ v •CLCll Arl PR O/P�V • - i:'=1 - BLOCK GRAra'F �� --L � ----- � -• - • • �.rAaaY'LSTAL:.SLirt,aL i , CRAJ-Y AICIL �• — --" — — �I• 1 , I - LU- LLLI a,�i,r( i! ! �.'i._racv �— ��v,- uaCar.<.`a�v.•c.1:�lrrva�j f 17 _ _ • VA11141 AYC '�J 'l 1.1 �1='It IY! , - — � • N • 1/� SIT_ ,,./ / N 1-N fiticleAvc 0 PRo:rECT FOLMTH YEAR 4:41DIA11 &VC LO C.: G?ANYT %v CotAll? AVC Ji • CT, LT Wil Avc � .=.A-. - �� -- _ __ — _ - _ _ - . A jib Vill I'MIC Avc Mtl air.. ftc • 1114,11hUt AVf. 'I Fr - 1-T 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