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HomeMy WebLinkAbout1987-01-20; City Council; 8428-2; 12th Year Community Development Block Grant Management and Implementation Agreement and Appropriation of FundsCIZ . OF CARLSBAD - AGEND.11-1 BILL AB # '? " �� TITLE: 12TFI YEAR COMMUNITY DEVELOPMENT DEPT. HD.T MTG. 1/20/87 BLOCK GRANT K MANAGEMENT AND ��)) tt CITY ATTYJr L DEPT. RED IMPLEMENTATION AGREEMENT AND APPROPRIATION OF FUNDS CITY MGR. RECOMMENDED ACTION: If Council concurs your action is to adopt Resolution No _F2q7 approving the Management f and Implementation Agreement with the County of San Diego for the 12th Year Community Development Block Grant ec ro' funds. p 7 t and appropriating �. 4Y• ITEM EXPLANATION ;k The City has signed an agreement with the County of San Diego to participate in the County's Eleventh, Twelfth ,4 and Thirteenth Year Block Grant Program. This is the Twelfth Year Agreement. The City has been awarded $148,789 share of the Urban Grant. At their meeting of December 10, 1985, N Council allocated these funds to the following 12th Year Projects: Commercial Rehabilitation ($30,000), Residential 3, F Rehabilitation ($20,156), Street Light Program ($31,500) and Oak Street } Drainage Improvement ($67,133). Additional funds of $40,040 were also allocated from m the Community Development Block -~� Grant Program. been disbursed to the loth Year g These funds have project, Washington Street Improvements. `. The $40,040 is being transferred through the Washington Street Improvements agenda bill. In order to release the 12th Year $148,789 funds, the City must enter into a Management and Implementation Agreement With the County. FISCAL IMPACT A total of $188,829 has been made available to the City of in the Federal Community Development WCarlsbad Block Grant Program: $148,789 to be used in the 12th Year Program, $40,040 to <. > be issued to previous projects (Washington Street Improvements). i 0 0- Q EXHIBITS Z p v 1 -'/ Resolution No. --- 9y7 12th Year Management and Implementation Agreement. J_ V Z O _ V I i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8947 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 AND APPROPRIATION OF FUNDS FOR 12TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, 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 12th Year Community Development Block Grant 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 20th day of January, 1987, by the following vote, to wit: AYES'. - NOES: ABSTAIN: it ATTEST: CLAUDE A,. LEW S, Mayor ALETHA L. RAUTENKRANZ, City Cl rk (SEAL) � I P f ti yy4 +o W t is t1t o ynoi" � n Z tfj � ter.a. . DO MOO COUNTY OF SAN DIEGO -- HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT 7917 Ostrow Street, San Osegc, Ca;;fornia 92111.3694 (0.23 i ) (619) 565.3452 �!'n GABRIEL G, RODRIGUEZ ���. `•:''%,J�E6 t Director December 22, 1986 Mr. Chris Salomone Redevelopment Manager 2965 Roosevelt Street Suite B Carlsbad, California 92008 Dear Chris: Enclosed is the original and four copies of the proposed Agree- ment between the County and the City of Carlsbad. The Agreement provides $148,789 for the implementation of the City's Twelfth - Year Community Development Block Grant projects. The Agreement is now ready for the City's review and approval. If the Agreement is acceptable please have the original and three copies signed by the City's authorized representative and return them to me. The Agreement will then be sent to the Board of Supervisors for their approval and execution. A fully executed copy will then be sent for the City's files. If you have any questions or need assistance in your review of this Agreement please let me know. Sincere,ly, FRED F. JIACOLETTI Fiscal/Contracting Officer Enclosures (5) AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 4 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"), W I T N E S S E T H: WHEREAS, there has been enacted into law Public Law 93-383, the Housing and Community Development Act of 1974, 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 Develop- ment 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 development and housing assistance activities; and WHEREAS, City is a unit of general nment located within the territorial boundariesofthe County; and ' WHEREAS, and September 18, 1984 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 "H.UD") ; and I 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 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 A 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 Projects be implemented bythe City; and WHEREAS, the City shall undertake the same obligations to i the County with respect tothe Projects in the County's aforesaid ' application for participation in the Community Development Block o- Grant Program; NOW THEREFORE r IT IS AGREED AS FOLLOWS: 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. 7068) which were submitted con- currently with the application. The Application and assurances form is hereby incorporated by reference into this agreement fully as if 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 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 for the obligation to comply with each of the following: . (a) The Housing and Community Development Act of 1974 (Public Law 93-383) as amended; (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 Order 11246; Executive Order 11063; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; �.1 S T (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) 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 particularly 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 OMB Circular A-102 pertaining to Property management; (3) Appendix 0 of OMB Circular A-102 relatin procurement standards; g to (4) Appendix B of OMB Circular A-102 relating to bonding and insurance; = (9) The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archeological and Historical Preservation Act (Public Law s`g 93-291 of 1974 including the )� and Executive Order 11593 procedures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; n (h) The Labor Standards Regulations set forth in Section 570.705 of 24 CFR, Part 570; (i) The Architectural Barriers Act of U-S.C. Section 4151); 1968 (42 (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 1974 (Public Law 93-234 and the regulations i. adopted pursuant thereto) 24 CFR, Chapter X Subpart B; 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); ' (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; (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 incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certifi- cation. 2. COMPENSATION: County agrees to pay City as total compensation or imp ementing the Projects described herein project costs not to exceed the sum of $148,789. 3. COMPENSATION SCHEDULE: County agrees to pay City monthly progress payments upon certification and submittal by City of a s-atement of actual expenditures incurred, 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 HUD disallows reim- bursement for the project or any portion thereof. 4. TERM: This agreement shall commence when executed by the parties 1-ereto 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 Projects. Alternatively, the agreement will be f: automatically terminated in the event that the United States Government terminates the Community Development Block Grant Program or terminates the Projects, which is the subject of the agreement. 5. TERMINATION OF AGREEMENT FOR CAUSE: City and County recognize -That the County is t e governmental entity which a executed the grant agreement received pursuant to its application a and that it has thereby become legally liable and responsible thereunder for the proper performance of the Projects. If ;1 through any cause City shall fail to fulfill in timely and proper manner its obligations under this agreement to undertake, conduct Mkt or perform the project identified in this agreement, or if City FA I tow 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 five days before the effective date of such termination. 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 s` 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. M,` K 6. CONTRACT ADMINISTRATION: The Director, Housing and Community Development sha 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 City's program. All records of the City respecting the Projects shall be open and available for inspection by auditors assigned by HUD and/or the County during the normal business hours of the City. S. INDEMNIFICATION: The City agrees to fully indemnifyt, defend aria save harm ess the County against any and all loss, damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any person or property arising out of or in any way connected with the performance of work under this contract, excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of the County. *' 9. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on ,rl the other party by the party giving such notice or may be served v4 by certified mail. Notices hereunder shall be sufficient if sent ;i by certified mail, postage prepaid to: �g kE s y. CITY: COUNTY: City Manager Clerk of the Board of City of Carlsbad Supervisors 1200 Elm Avenue County Administration Center Carlsbad, CA 92008 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 By_ K:-1.1fl i 1 ATTCHMENT "A" SCOPE OF WORK The City of Carlsbad has certain projects to be implemented under the Twelfth -Year Community Development Block Grant Program. The work to be accomplished consists of the following: 1. Continuation of the previously approved Commercial Rehabilitation Program within the City's redevelopment area, The program will consist of grants, SBA lever- aged loans, local leveraged loans, direct interest subsidy or direct loans with an approximate maximum loan amount of $5,000. 2. Continuation of the previously approved Residential Rehabilitation Program to be operated on a City-wide basis and will consist of: The City will make loans available at Below Market Interest rates, Deferred Loans and Grants. Eligible participoants will be property owners with annual incomes that are within the Section 8 Existing Rental Assistance program and Absentee owners who agree to specific rental rates in order to qualify. The Citywill also establish a Loan Committee to review each of the loans. Eligible improvements will consist of the interior, exterior and code repairs which are eligible under Title I, FHA Loans. Below Market Interest rates (Low Interest Loans) will be from a minimum $1,000 to a maximum of $25,000 for a period of fifteen years. The interest rates will be variable dependent upon the Applicants income. Deferred Loans will be for a minimum of $500 to a maximum of $7,500. A lien will be taken on the property and the loan will be payable in full when the property is sold. Grants will, be available to owner -occupants for a maximum of $2,000. A grant will be limited to covering Uniform Housing code violations and to property which needs to be brought up to Rehabilitation standards. The City will operate the program in accordance with the June 1981 "Residential Rehabilitation Program", which by reference is incorporated herein. The also m �1{ �.. ...—. ..'� < .��c'aw..—rk i.V'Y--�.,�.. •.�e�+.� � _ mom . ....... . .. ..�- ..r x. r ..cv-s _..—�w+v f . a � . t. 1 v�l � E . t agrees that all of the loans made will be for persons of low and moderate income; i.e., 80% or less of median .s income. 3. The construction of curbs, gutters, sidewalks, land- scaping, and drainage facilities for approximately 400 lineal feet of street area on Oak Avenue between <? Roosevelt and State Streets. 4. The installation of street lights and control boxes at Rotary Park and on Madison and Roosevelt between Laguna t and Grand Avenue. The construction work will be in accordance with the San Diego Area Regional Standard Drawings (October 1982), the Standard Specifications for Public Works (1982 Edition) and the ; l Standard Special Provisions (October 1982). z 5 t +,' t• i t M .