HomeMy WebLinkAbout1984-10-02; City Council; 7576-1; 10th Year Community Development Block Grant Management and Implementation AgreementF
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AGENDA BILL l3
AR#Zf R -E: LOTH YEAR COMMIUMITY DEVELOPMENT DEPT. HD
MTG._ 10/2/84 BLOCK GRANT MANAGEMENT AND
DEPT. RE D IMPLEMENTATION AGREEMENT CITY ATTY
CITY MGR. -O
RECOMMENDED ACTO^ l:
Council adopt Resolution No. 7Z;Z', APPROVING the Management and
Implementation Agreement with the
County of San Diego for loth Year
Community Development Block'Grant -projects and appropriating
funds.
ITEM EXPLANATION
At their meeting of August 4, 1981, the City Council took action
notifying the County of San Diego
of their desire to participate
in Urban County's Eighth, Ninth and Tenth Year Block Grant
This is tba Tenth Year Agreement. application.
The City has been awarded $223,456 share of the Urban Grant.
Council allocated these funds
to Boys and Girls Club Renovation,
paving of Washington Street between Elm and Oak, State
and Grand
Streetscape, sidewalks on Roosevelt and alley improvements.
In order to release the funds, the City must now enter into a
Management and Implementation
Agreement with the County of. San Diego.
FISCAL IMPACT
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This action will make available $223,456 in Federal Community
Development Block Grant funds
to the City of Carlsbad.
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EXHIBITS
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1 - Resolution No. 7ap), 10th Year Management and Implementation
Agreement.
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1' 11 RESOLUTION NO. 7762
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF
4 SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION AND
APPROPRIATION OF FUNDS FOR LOTH YEAR COMMUNITY
S DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
6 WHEREAS, the City of Carlsbad, California, does hereby
7 resolve as follows:
8 (1) That an agreement between the City of Carlsbad and the
9 County of San Diego for Management and Implementation of loth Year
10 ommunity Development Block Grant Projects, a COPY of which is
11 ttached hereto as Exhibit A and made a part hereof, is hereby
12 pproved.
13 (2) That the Mayor of the City of Carlsbad is hereby
14 authorized and directed to execute said agreement for and on
15 behalf of the City of Carlsbad.
16 (3) That the Finance Director is hereby authorized and
17 irected to appropriate funds.
18 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
19 Council of the City of Carlsbad on the 2nd day of October, 1984, by
20 he following vote to wit:
21 AYES: Council Members Casler, Lewis, Chick and Prescott
22 NOES: None
23 ABSTAIN: Council Mmber Kulchin �)
24 ATTEST: if
25 MARY H. ASLER, Mayor
26
27 ALETHA L. ENKRANZ, City Vierk
28 (SEAL)
2
AGREEMENT FOR MANAGEMENT AND IMPLE�iMENTAT1011
Or A COMMUNITY DEVcLOPMEN. BLOCK GRM T PROJECT
Phis Agreement enterer into by and between the City of
Carlsbad k'nereinafter referred to "CITY"), and the COUNTY JF
SAN DIEGO, (hereinafter refferred to "COUNTY"),
W I T N E S S E T Hs
WHEREas, there has been enactea into law Public Law 93-363,
the Housing and Community Development Act of 19741 the 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 apply for and accept Community
Development grants with respect to its unincorporated territory
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 develo ment
r and 'housing assistance activities; and p
WHEREAS, City is a unit of general local government located
within the territorial boundaries of the County; and
t
WHEREAS, on November 17, 1981 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") ; and
WHEREAS, pursuant to that Cooperation Agreement County
incorporated the City's proposal for the project described in
Attachment "A" nereof (hereinafter referred to as the "Project")
into the County's Application which was submitted to HUD; and
iJdERr.AS, the Cooperation Agreement provided that in the
event that the City proposal is approved by HUD as part of the
County proposal ana 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 cooperative
action of the two agencies; and
CCSF No. 70.01
-2-
;; i-3646, HUD nas approve,; the County application for Communit-
-)eve:ooment Block Gran'. ron.is; dad
,;1 ;d�r.3, it is L ,u des'ra of the �.:ty 3^7 :nF County t.^.a :
:na ?^o jests oe implemenl ed cy the City; ant
the City shad undertake the sa,.re obligations
to the Coujity :with respect to the Projects in the County's aforesaiz:
application for participation in the Community Development Biocr:
Brant Program; iJOW THLciEFORB
1 f IS AGRE D AS FOLLOWS:
i. WORK TO BE PERFOR:JED: City agrees to implement zne
Project described in Attachment "A" hereof (entitled "Scope
of Work") fully in accordance wita the terms of the application
made by the County to HUD for funds to carry out the Project
and tie assurances (HUD Form No. 7068) which were submittec
concurrently with the application. The Application and assurances
.orm is hereby incorporated by reference into this agreement
fully as if set forth herein. City agrees that it undertakes
nereby the same obligations to the County that the County has
:indertaken to HUD pursuant to said application and assurances.
Oity agrees to hold County harmless against any indemnity whie n
it may suffer with respect to HUD on account of any failure
on tie part of City to comply with the requirements of any suc n
obligation. The obligations undertaken by City include, bat
are not limited to, the obligation to comply w-tn each of t:ie
;a) the Housing and Community Development Act of 1y7-
(Public Law 93-383) as amended;
gib) Regulations of the Department of Housing and Urban
Development relating to Community Development Bloc:;
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 progra-.
(Title 24, Subtitle A, Part 58 of the Code of Federal
Regulations, commencing at Section 58.1) ;
4) title V1 of the Civil Rights Act of lyo4 (Public La::
83-352); 'title VIII of the Civil nights Act of 190:'
k e ub lic Law 90-204) ; Section 109 of the Housing an -
Community Development Act of 1974; Section 3 of the
Housing and Urban Development Act of 1968; F.xecutiv=
Order 11240; executive Order 11063; and any HUD regulations
heretofore issuea or to be issued to i mpiement tnese
authorities relating to civil rights;
(e)
( f )
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The Uniform Re.Location Assistance peal Property
Acquisition Policies Act of 1970 and reg:.la- ons adoptet
to implement tzat Act in the Code of F ^a! Regulations,
Title 24, Part 42;
OMB Circular a-37 entitled "Cost Pr:::c ?les Applicab-e
to Grants and Grants and Contras :s :titn State and
Governmants" and OMB Circu_:.r -.J2 entit:Lec
"Uniform Administrative Requirement-=
for Grants -n
Aid to State and Local Governments." :reference is
particularly made to the following app e::d ices :
(lj Appendix
G of OMB Circular
A--02
relating to
Federal
financial
management systems
which
accountability;
meet
standardsfor
fund control and
(2) Appendix iJ of OivlB Circular y-102 pertaining to
property management;
(3) Appendix 0 of OMB Circular A--32 relating to
procurement standards;
(4) Appendix 3 of 0[4B 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 Archeologica-
and Historical Preservation Act of -y74 (Public Lair
93-291), and Executive Order 11593 inc- id: �g the procedures
prescribed by the Advisory Council on historic Prservat.ion
in 36 Code of Federal Regulations, ?ar : 800;
(n) TneLabor of 24 Standards
dar s Regulations set fortn in Section
57. 7
(i)
'Tne Architectural Barriers Act of 1968 (42 U.S.C. Section ;
4151);
( j)
The Hatch Act relating to the conduct of politica-
U.S.C.);
activities (Chapter 15 of Title 5,
(k)
Tne Flood Disaster Protection Act of194 thereto)
the regulations adopted pursuant
Law 93-234 and
24 CFA, Cnapter X Subpart B;
(1)
Tne Clean Air Act (42 U.S.C. Section 1857 et seq. )
Pollution Contro- Act, as amended
and the r"ederal Water
( 33 U . C. Sec tion 1251 et seq. ) and the regulations
.
adopted pursuant thereto (40 CFR, ?art 15);
t (!n)
Tne City will adopt a policy consistent with
Policy s in order
'
"Minority Business Program
effort is made to provide equal
'
to insure that every
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opportunity to every potential n-Inority ousinesS
contractor and suocontractor;
(n) Jo member, officer or e::ployea of the City, or '
designee or agents, no me.,:5er of the governing be--_.
of the locality in whin n the program. .s sit late:,
and no other puolic officia: of suer, locality or ocaiities
who exercises any functions or respons-oilities wit
respect to the program a.:ring his/her tenure or ).Or
one year thereafter, shall nave any interest, direct,
or indirect, in any contract or subcon to rac t, or the
process thereof, for work to be performed in connection
with the program assistec under the Grant, and the
it shall incorporate, or cause to be incorporates,
in all such contracts or subcontracts a provision
prohibiting such interest pursuant to the purposes
of this certification.
2. COMPaNSA'TION: County agrees to pay City as total
compensation for implementing the Projects described herein
pro jec t costs not to exceed the sum of $209 , 456 .
3. COMPENSATION SChEDULE-. County agrees to pay City
monthly progress payments upon certification and submittal by
City of a statement of actual expenditures incurred, provide,
however, that not more than 90% of the total agreed compensation
will oe paid during the performance of this Agreement. T ne
balance due shall be paid upon certification by City that a --
of the requirea services have been completed. Paymnent by Coui:ty
is not to be construed as final in the event HUD disallows re.:-
o.:rsement For the project or any portion thereof.
4. TERM: This agreement shall commence when executed
b;; the parties hereto and snall continue in full force and effect
until terminated as provided 'herein. The agreement may be terminated
b1 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 snail be effective unless
HUD has agreed to release County from its obligations pursuant
to the Projects. Alternatively, the agreement will be automatically
terminated in the event that the United States Government terminates
the Community Development Block Jrant Program or terminates
the Projects, which is the subject of the agreement.
5. 'TERmiwATION OF AGREEME11 : FUR CaUSE. City and County
recognize that the County is the governmental entity which executed
t:.a grant agreement received pursuant to its application a::d
tnat it has thereby become legally liaole and responsible thereunder
for the proper performance of the Projects. It' through any
ca.ise City shall fail to fulfill in timely and proper manner
its ooligations under tnis agreement to undertake, conduct or
perform the project identified in this agreement,
or if City shall violate any of tae covenants, agreements, or
stipulations of this agreement, County shall thereupon have
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the rignt to terminate tclia agree.men;, by giv -::--c written notice
^f such termination and specifying to e of festive date
to Ci,.; date of sa::,
thereof at least five days before - �:ie e.fec`:'re :
termination. Notwithstanding the above, City sr.::_ not be relieved
of liac:iity to County for damages sustainea 'c; �ounty by virtue
of any breach of the agreement any City and Cc :ty may witnho_d
any payments to ;,ity for the purpose of set-cf 'antil such time
as the exact amount of damages due County from is determined.
City hereby expressly waives any and all c _a:..,s for damages
for compensation arising under this agreement except as set
fortr,_n this section in the event of such tern-:.ation . No tw ita-
standing any other provisions of this contract, .ity, by entering
into tnis contract and the previous Cooperatior, Agreement, does
not waive or impair to any degree whatever i - ='anity from suit
and/or aamages to which it may legally be entitled.
o. CONTRACT ADMINISTRATION: The Director, Housing and
Community Development shall administer this agreement on behalf
of the County. The City Manager shall administer this Agreement
on bena.lf of the City. City agrees to supply to County within
a reasonable period of' time after request, progress reports
ll be
or tract administrator toaaudit a performance lof~t� s the t s
agreement.
con
7. RFCORDS AND REPORTS: The City shall =aintain records
and mace such reports as required by the Housing and Community
Development Director to enable the County to analyze utilization
of the City's program. Ail records of the C:ty respecting the
Projects shall be open and 'available for inspect ion by auditors
assigned by HUD and/or the County during the normal business
hours of the City.
d. INDEMNIFICATION: To the extent a,.:tnorized by law,
each party shall at all times idemn ify 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 the Project, including any loss, damage
or expense arising out of, loss of, or damage to
s property
and
injury to or death of persons excepting any
expense and claims for loss, damage or expense resulting in
any manner from the negligent act or acts of L:ie other party,
its contractors, offices, agents, or employees.
). NO'TICE: Any notice or notices recce -red or permitted
to be given pursuant to this agreement may be personally served
on the other party by the party giving such notice or may be
Yrvec by certifies mail. Notices hereunder s a: i be sufficient
if sent by certified mail, postage prepaid to:
— U —
CITY:
COUJf_
City
::anaEer
Clerk o: :ne Hoard of
City
of Carlsbad
—: pervisors
i 1200
.4venue
County ka.;�inistration Center
Carlsbad, CA 92006
1600 ?aaific Hignway
San Diego, CA 92101
L.i WITNESS WHEREOF,
the parties have exeouted this agreement
f� on the year and day first
above written.
t
CITY
r
OF ChRLSHAD
COUNTY OF SAN DIEGO
By
ny
i-
i
A, ACHsi'#NT "A"
s _
-SCOPE Or WORK
The City of Carlsbad :has certain projects tc be i,�p_emented
under the Tenth -Year Co:.imunity Development R:oc*c Jrant program.
nice work to be accomplished consists of tae fo-I;;w-'ng:
1. Construction of the previously apprc•:ed streetscape
project to include street resurfacing, sidewalk replace-
ment, landscaping, fountain, street furniture, curb
and gutter improvements and pedestrian cross walks
on State Street from Elm Avenue to Srand Avenue and
on Grand avenue from the railroad tracks to Madison
,
Street.
2. Construction of curb, gutter and sidewalk and paving
of approximately 400 lineal feet inc_•ading base and
surface course on Washington Street between Elm Avenue
and 'Oak Avenue; and installation of a street light.
} 3• Construction of approximately 350 lineal feet of curb,
gutter and sidewalk on the east and west sides of
Roosevelt Street from Beach Avenue aorta to Laguna
Drive.
4. Renovation of the Carlsbad Boys any: Girls Club to
include replacing the roof, remodel locker rooms and
hallways, replace gymnasium windows, repair and resurface
gym floor and exterior painting.
Construction worn will be in accordance with the San Diego Area
Re;;ional Standard Drawings (October, 1982), the Standard Specifi-
cations for Public Worits 0962 Edition) and the Standara Special
Provisions (October, 1982).
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