HomeMy WebLinkAbout1980-11-18; City Council; 5959-1; Sixth Year Housing & Community Development Block Grant Management & Implementation AgreementCITY OF CARLSBAD
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AGENDA BILL NO. f!�.G^ .c,�<< - � * Tni.tial
ram— Dept. Ild .
DATE: November 18, 1980 C. Atty.
DEPARTMENT: Housing and Redevelopment C. Mgr
Sub] ect: SIXTH YEAR HOUSING AND =WUNITY DEVELOPMENT BLOCK GRANT MANAGEMENT
AND IMPLEMENTATION AGREEMENT:
Statement of the Matter
The City entered into a cooperative agreement on August 21, 1979, to participate in
the County's Sixth Year Housing and Community Development Block Grant Application.
The City has been awarded a $197,000 share of the Urban County Grant for streetscape
amenities, alley paving and a Housing Development Program in the Village Area.
Environmental clearances have been granted for these projects, thereby clearing the j
way for implementation.
The City must now enter into a management and implementation agreement with the County
which will release the funds for the Sixth Year projects. Once this agreement is
approved the City can move ahead with the implementation of the Sixth Year Housing
and Community Development Block Grant projects.
EXHIBIT:
City Council Resolution No. -&'971
RECOIDIENDATION:
it is recommended ion of
Housing and CommunityLDevelopmentif the nprojectsYcil eittadoptithemattachedtResolution. Year
Council Actidn:
11-18-80 Council adopted Resolution 6371
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RESOLUTION NO. 6371
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 FOR ,yANAGEHENT AND IMPLE-
MENTATION OF SIXTH YEAR ROUSING AND Co,LMUNITY
DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING
THE 11AY0R TO EXECUTE SAID AGREEMENT
The City of 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 Managment and Implementation of Sixth 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.
bad is
by
zed and
(2) directed do executor of e saidty of agreementsfor andhonebehalf ofithe City
of Carlsbad.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad, ^:allfornin, held on the 18 day of November, 1980,
by the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSTAIN: None
RONALD C. PACKARD, Mayor
(Seal)
L. ItAUTE\tl y
Cl
AGREEMENT FOR MANAGEMENT AND IMPLE[dENTATION
OF A COMMUNITY DEVELOPMENT 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"), on
W I T N E S S E T H:
WHEREAS, there has been enacted into
law-Public Lawt93
AcOf
383, the Housing and CommunityDevelopment
primary objective of which is the development 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 zpply for and accept
Community eitherespectgrants
t with
includedeunits ofits
generalYporated
territory and w
local government with which it has entered into Cooperation
Agreements to undertake or to assist in the assistance
of
essential community development and housing
activities; and
WHEREAS, City is a unit of general local government
located within the territorial. boundaries of the County; and
WHEREAS, on September 18, 1979 City and County entered
Into a cooperative agreement for submission of a proposal to
the Department of Housing and Urban Development (hereinafter
referred to as "HUD"):
WHEREAS, pursuant to that Cooperation Agreement County
incorporated the City°s proposal for the project described
s the
in Attachment "A" hereof (hsrapplicationfter fwhich was rred to asubmitted
"Project) into the County ,
to HUD: and
WHEREAS, the Cooperation AgreemnVt provided
ed by HUD athat
in
nothe
event that the City proposal is app
the County proposal and 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 implementation of the City proposal by the County, the
City or by cooperative action of the two agencies; and
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WHEREAS, HUD 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 be implemented by the City; and
WHEREAS the City shall undertake the same obligations
to the County 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 FOLLOWS:
1. WORK TO BE PERFORMED: City agrees to implement
the Project escri ed 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. 7068) which
were submitted concurrently with the application. The
application and assurances form is hereby incorporated by
reference into this agreement fully as is 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 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 of
1974 (Public Law 93-383); and the Housing and
Community Development Act of 1979;
(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);
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(d) Title VI of the Civil Rights Act of 1964 (public
Law•88-352); Title VI1I 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 Order 11246; Executive
Order 11063; and any HUD 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 Requirements 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 standards;
(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
89-665 the Archeological and iIistorical 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, Part 800;
-4-
(h) The Sectiono570.605aofs24egulations seCFR, Part 570 forth in
;
(i) The Architectural
n
chitectr415g)rriers Act of 1969 (42
e,C
(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) 24 CFR, Chapter X Subpart B;
(1) 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 adopted pursuant thereto (40 CFR,
Part 15).
2. COMPENSATION: County agrees to pay City total
compensation for implementation for the Projects described
herein project costs not to exceed the sum of $159,772.
3. COMPENSATION SCHEDULE: County agrees to pay City
monthly progress paymonts of actual costs, upon certification
and submittal by City of a statement of �:Lual expenditures
incurred, 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. Payment
by County is not to be construed as final in the event that
HUD disallows reimbursement for the project or any portion
thereof.
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 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 pursuan)'. to the Project.
Alternatively, the Agreement will be automatically terminated
in the event that t'- United States Government terminates
the Community Development Block Grant program or terminates
the project, which is the subject of the Agreement.
' � -- -5- .—
S. 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 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, and also specifying
with particularity the nature and extent of the alleged
cause. Upon receipt of such a•notice of termination for
cause from County, the City shall be afforded a period of 30
days in which period of time County may either confirm or
rescind its said notice.
Notwithstanding 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 hereby expressly waives any
and all claims for damages for compensation arising under
this Agreement except as set forth in this section in the
event of such termination. Notwithstanding any other provisions
of this contract, City, by entering into this contract and
the previous Cooperation Agreement, does not waive or impair
to any degree whatever immunity from suit and/or damages to
which it may legally be entitled.
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 and make such reports as required by the Housing and
Community Development Director to enable the County to
analyze utilization of the program. All records of the City
respecting this Project shall be open and available ft.�r
inspection by auditors assigned by HUD and/or the County on
reasonable notice during the normal business hours of the
City.
_6_
g, INDEMNIFICATION: To the extent authorized by law,
each party shall at all times indemnify and save
eallrmless
andthe other party against and pay in full any
arty may sustain, incur,
damage or expense that the otherparty
manner from, or ~
or become liable for resulting including
connected with, the implementation of thof,Plossct, or excepting
any loss, damage or expense arising ersons
damage to property and injury to or death of p damage or
any loss, damage or expenmanner from thee and claims onegligent act or
expense resulting in
any its contractors, officers, agents,
acts of the other party,
or employees.
g. NOTICE: Any notice or notices required or permit-
ersonaly
ted to be given pursuant to this Agreeme
ivlmaysuchbe pnoticelor
served on the other party by the party g g
may be served by certified mail. Notices hereunder shall be
sufficient if sent by certified mail, postage prepaid
COUNTY:
CITY:
Clerk of the Board of Supervisors
Manager
City County Administration Center
1200 Elm Avenue 1600 Pacific Highway
.Carlsbad, California San Diego, California
920O8 92101
IN WITNESS WHEREOF, the parties have executed this
agreement on the year and day first above written.
CITY OF CARLSBAD
By
COUNTY OF SAN DIEGO
By
Attachment "A"
SCOPE OF WORK
The City of Carlsbad has certain projects funded from the
Sixth-Year•Corununity Development Block Grant. The work to be
accomplished consists of the following:
_l. Pave 400 feet of Grand Avenue with asphalt and textured
paving stones between Roosevelt Street and Madison
Street and pave 400 feet of Elm Avenue with asphalt
and textured paving stones between Roosevelt Street
and Madison Street.
2. Construction of 10 foot wide concrete sidewalk, along
Grand Avenue between Roosevelt Street and Madison
Street (320 feet both sides) and along Elm Avenue j
between Roosevelt Street and Madison Street (320 feet
both sides) .
3. Repave 9000 square foot alley located South of Chestnut
Street between Madison Street and Roosevelt Street.
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