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HomeMy WebLinkAbout1984-10-02; City Council; 7576-1; 10th Year Community Development Block Grant Management and Implementation AgreementF Cgais;gq,p 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 } This action will make available $223,456 in Federal Community Development Block Grant funds to the City of Carlsbad. f EXHIBITS s 1 - Resolution No. 7ap), 10th Year Management and Implementation Agreement. s W O [L. (L d J U Z O w u + F, Q a 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 ) - 3 - 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 - 4 - 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 - 5 - 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). i I