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
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MANAGEMENT AND ��)) tt
CITY ATTYJr
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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
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ITEM EXPLANATION
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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,
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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
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be issued to previous projects (Washington Street
Improvements).
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EXHIBITS
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1 -'/ Resolution No. --- 9y7 12th Year Management and
Implementation Agreement.
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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)
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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;
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(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;
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(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
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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
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shall violate any of the covenants, agreements, or stipulations
of this
agreement, County shall thereupon have the right to
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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:
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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
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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
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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).
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