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HomeMy WebLinkAbout1983-10-11; City Council; 7412-1; Federal Emergency Jobs Appropriation Act (FEJA) Management and Implementation AgreementCIT. OF CARLSBAD — AGEND. BILL �-�--" _ DEPT. HD. AB# TITLE. FEDERAL EMERGENCY JOBS APPROPRIATION CITY ATTYV—)�6- MTa. 10 / 11/ 8 3 ACT (FEJA ) MANAGEMENT AND DEPT. RE D IMPLEMENTATION AGREEMENT CITY MG G-_ ;ECOMMENDED ACTION: Council adopt Resolution No. approving the management and implementation agreement with the County of San Diego for Federal Emergency Jobs ?appropriation Act projects and appropriating funds. ITEM EXPLANATION: On June 21, 1983, the City Council took action notifying the County of San Diego of project selection to be funded with Federal Emergency Jobs Bill money. These funds totaling $121,177 were a one time Federal allocation to stimulate employment. Projects selected by Council were: 1) Pedestrian Circulation Study; 2) Parking Lot north of Santa Fe Depot; and 3) additional street- scaping-in the downtown area. In order to release these funds for project construction, the City must now enter into a manaaement and implementation agreement with the County of San Diego. FISCAL IMPACT: This action will make available $121,177, in Federal Emergency Jobs Appropriation Act funds to the City of Carlsbad. EXHIBITS: 1 r Resolution No. 3G S'� Federal Emergency Jobs Appropriation. Act Management 6-nd Implementation Agreement. ill 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Z 2: 24 25 26 27 28 RESOLUTION NO. 7365 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 MANAGEMENT AND IMPLEMENTATION OF FEDERAL EMERGENCY JOBS APPROPRIATION ACT PROJECTS, APPROPRIATION OF FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, 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 Implementation of the Federal Emergency Jobs Appropriation Act projects, 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. (3) That the Finance Director is hereby authorized and directed to appropriate funds. 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 ed PASSED, APPROVED AND ADOPTED at a/reg3ula meeting of the City Council of the City of Carlsbad, California, held on the llth day of October, 1983, by the following vote, to wit: AYES: Council Manbexs Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Perk (SEAL) H EXHIBIT A AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT JOBS BILL 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 WITNESSETH: WHEREAS, Public Law 98-8 (herein referred to as the "Jobs Bill") has been enacted into Law; and WHEREAS, the Jobs Bill provided additional appropriations for Community Development Block Grant Program to be administered by the United States Department of Housing and Urban Development (hereinafter referred to as "HUD") under the provisions of Public Law 93-383, The Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et.seq.); and WHEREAS, County as an "urban county" as that term is used in the Act, is authorized to apply for and accept the Jobs Bill grants 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 located within the territorial boundaries of the County; and WHEREAS, on November 17, 1981, City and County entered into a cooperative agreement for submission of a proposal to the United States Department 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 Jobs Bill 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 the Jobs Bill funding 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 -2- WHEREAS, HUD has approved the County application for the Jobs Bill 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 Jobs Bill program; NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: City agrees to implement the Project described in ttac ment hereof (entitled "Scope of Work") fully in accordance with the terms of the application made by the County to wUD for funds to carry out the Project and the assurances (HUD Form No. 706J) which were submitted concurrently with the application. The application and assurances form is hereby incorporated by reference into this agreement fully as 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) as amended; and the Jobs Bill (Public Law 98-8); (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); and any regulations heretofore issued or to be issued to implement the Jabs Bill; (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, comrienring 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 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; -3- (f) OMB Circular A-87 entitled "Cost "principles Applicable to Grants and Grants and Contracts with State.and Local Governments" and OMB Circular A-102 entitled "Uniform Administrative Requirements for Grants in Aid to State and Local Governments." Reference is partic- cularly made -to the following appendices: (1) Appendix G of OMB Circular A-102 relating to financial management systems which meet Federal standards for fund control and accountability; (2) Appendix N of ON Circular A-102 relating to procurement to property management; (3) Appendix 0 of OMB Circular A-102 relating to procurement standards; (4) Appendix B of OMB Circular A-102 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 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; (h) The Labor Standards Regulations set forth in Section 570.605 of 24 CFR, Part 570; 0) The Architectural Barriers Act of 1969 (42 U.S.C. 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 93-234 and the regulations adopter pursuant thereto) 24 CFR, Chapter X Subpart B; (1) The Clean Air Act (42 U.S.C. Section 1857 etsec,.) and the Federal Water Pollution Control Act, as amended (33 U.S.0 Section 1251 et. seq.) and the regulations adopted pursuant thereto (40 CFR, Part 15); (m) The City will adopt a policy consistent with B-39, "Minority Business Program Policy Statement", in order to insure that every effort is made to provide equal opportunity to every potential minority business vendor, contractor and subcontractor; 1 -4- (n) No member, officer or employee of the City, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporated, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification. (o) The additional funds will be obligated and disbursed as rapidly as possible so as to quickly assist the unemployed and the needy; (p) It will use, to the extent practicable, the additional funds in areas where unemployment is highest and has been high for the longest period of time and for authorized purposed which have the greatest immediate employment impact; and (q) It will, to the extent practicable, use the additional funds to maximize immediate creation of new employment opportunities to individuals who were unemployed at 15 of the 26 weeks prior to March 24, 1983. 2. COMPENSATION: County agrees to pay City legal compensation for compensensation for implementation of the Projects described herein project ! costs not to exceed the sum of $121,177. 3. COMPENSATION SCHEDULE: County agrees to pay City monthly progress payments of-actualof—a6tual costs, upon certification and submittal by City of a S statement of actual 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 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 pursuant to the Project. Alternatively, the Agreement will be automatically terminated in the event that the United States Government terminates the Jobs Bill program or terminates the project, which is the subject of the Agreement. - 5 - 5. TERMINATION OF AGREEMENT FOR CAUSE: City and County recognize that the County is the governmental en ant ti pursuant to its application a hatyithich d has therebybecomerlegally the liable ent rand �ved project.of the responsible thereunder fort theuproperinetimelynand propermanneri it any cause City shall fa under this Agreement to undertake, violateconduct, any oftheperform onvenants,eagreements,ed in this Agreement , or if City shall or stipulations of thisAgreement, writtenshall noticehtoeCPty ofvsuchetermhnation 5 t to terminate this the Agreement Y days and specifying the effective date thereof at least 5art cular�ty the nature �ve date of such termination, and also specifying with p and extent of the allege dcCie' ch a for cause from County, theY shallnbeeceiaffoUt of u rded aperinotice termination period of30 days in nwhich period of time County may either confirm or rescind its said notice. to Notwithstanding the abbVeCounty byavirtue of any ll not be �breach eved fof1the lAgreemer�uSy for damages susta�ne Y to City for the purpose of set-off ' City and County may withhold any payments ' until such time ashthe exact expresslyamountwaivesmanyof daaesandealluclaimsofor�damages for hereby determined. City Y 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 z immunity from suit and/or damages to which it may legally be entitled. 6. CONTRACT ADMINISTRATION: The Housing and Community Development The Director sha administer t is Agreement on behalf of the CountYCity. agrees Manager shall administer this Agreement on behalf of the City. ation as shall be required to supply progress reports or other document 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 requidanalyze utilization of the�ty programDeve1opAlltrecordsoof to enable the Y to the City respecting this Project shall be open and available for inspection by auditors assidhby HUD and/or he the County on reasonable notice during the normal business y. g, INDEMNIFICATION: To the extent authorized by law, each party i shall at aTf tim— es i demnify 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 implementation of this Project, including any loss, namage or expense arising out of, loss of, or damage to propoerty and injury to or death or persons excepting any loss, damage or expense and claims for loss, t y manner from the negligent act or acts of damage or expense resulting in an the other party, its contractors, officers, agents, or employees. -6- 9. NOTICE: Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party giving such notice or may be served by certified mail. Notices hereunder shall be + sufficient if sent by certified mail, postage prepaid to: t CITY COUNTY City Manager 1200 Elm Avenue Clerk of the Board of Supervisors Carlsbad, ve 92008 County Administration Center 1600 Pacific Highway _ San Diego, CA 92101 •IN WITNESS WHEREOF, the parties have executed this agreement on the year and day first above written. CITY OF CARLSBAD COUNTY OF SAN DIEGO By. AV p --�� Qy f ATTACHMENT "A" SCOPE OF WORK The City of Carlsbad has certain projects to be implemented under the Community Development Block Grant Jobs Bill. The work to be accomplished consists of the following: 1. Continuation of the previously approved State and Grand Streetscape which will include construction on an 11-foot wide stamped concrete pedestrian crosswalk at the corners of Elm Avenue and State Street and Grand Avenue and State Street. The work will also include street resurfacing, ' sidewalk replacement, landscaping and curb and gutters on State Street from Elm Avenue to Grand Avenue and along Grand Avenue from State Street to Madison Street. 2. Construction of a 31 space public parking lot (approximately 50' x 150') which will include grading, paving, striping, lighting and landscaping on the eastern railroad right-of-way between Elm Avenue and Grand Avenue. Construction work will be in accordance with the San Diego Area Regional Standard Drawings (October 1982), the Standard Specifications for Public Works Construction (1982 Edition) and the Standard Special Provisions (October 1982). r�'