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HomeMy WebLinkAbout1988-04-05; City Council; 9359; 13th Year Community Development Block Grant Management & Implementation Agreement and Appropriation of FundsCi' ` OF CARLSBAD -- AGEN[ - BILL 1a�1dk!; ! LE: MTG.4/5/88 13TH YEAR COMMUNITY DEVELOPMENT BLOC GRANT ND RED AGREEMENT AND APPROPRIATION LMONTATION DEPT. I OFFMDS DEPT. HD. V CITY ATTY CITY MG . RECOMMENDED ACTION: If City Council concurs your action is to adopt Resolution No. -/03 , approving the Management and Implementation Agreement with the County of San Diego for the 13th Year Community Development Block Grant project and appropriating funds. ITEM EXPLANATION: In order to release $188,727 in 13th Year CDBG funds, the City must enter into a Management and Implementation Agreement with the County. The Council needs to authorize the Mayor to execute the agreement and direct the Finance Director to appropriate funds. The City has signed an agreement with the County of San Diego to participate in the County's Eleventh, Twelfth and Thirteenth Year Block Grant Program. This is the Thirteenth Year Agreement. The City has been awarded $188,727 share of the Urban Grant. At their meeting of December 9, 1986, Council allocated these funds to the following 13th Year Projects: Commercial Rehabilitation Residential Rehabilitation Bicycle Racks 'Lincoln Street Improvements Paint-a-Thon Program Historic Resource Survey Public Restrooms Alley Improvements FISCAL IMPACT: $30,000 $30,000 $ 5,000 $22,527 $10,000 $35,000 $30,000 $26,200 A total of $188,727 has been made available to the City of Carlsbad in the Federal Community Development Block Grant Program. L) BITS 1 ""Resolution No. /0,3 2 -V 13th Year Management and _implementation Agreement l I 2 3 4 5 6 7 8 9 10 11 12 131I 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-103 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 13TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROPRIATING FUNDS. 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 13th 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 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 5th day April , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSTAIN: None ABSENT: None C UDE A. S, Mayor ATTEST: ALETHA L. RAUTENKRANZ, C t Clerk ( SEAL) AGREEMENT FOR MANArEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT This Aqreement entered into by and between the CITY OF CARLSBAD (hereinafter referred "CITY"), to as and the COUNTY OF SAN DIEGO, (hereinafter referred to as "COUNTY"), W I T N E S S E T H: z.s i WHEREAS, there has been enacted into law Public Law 93-383, the Housing and Community nevelopment Act of 1974, the primary objective of which is the development of viable urban communities by Providina federal assistance for community development activities in 1g urban areas; and a� V4 WHEREAS, County as an "urban county" as that term is used in the Act, is authorized to apply for and accept Community Develop- ment qrants with respect to its unincorporated territory and with respect to included units of qeneral local government with which it has entered into Cooperation Agreements to undertake or to assist in the undertaking of essential community development and housinq assistance activities; and WHEREAS, City is a unit of general local government located within the territorial boundaries the of County; and WHEREAS, and September 18, 1984 City and County entered into a cooperative agreement for submission of a proposal to the Department of Housinq and Urban Development (hereinafter referred to as "HUD"); and t WHEREAS, pursuant to that Cooperation Agreement County incorporated the City's proposal for the project described in Attachment "A" hereof (hereinafter referred "Project") to as the into the County's Application which was submitted to HUD; and WHEREAS, the Cooperation Agreement provided that the event that the City in in proposal is approved by HUD as part 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 providinq 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 ' WHEREAS, HUD has approved the County application for Community Development Block Grant funds; i and r WHEREAS, it is the desire of the City and the County that the Projects he implemented by the City; and WHEREAS, the City shall undertake the same obligations to the County with respect to the Projects in the County's aforesaid application for participation in the Community Development Block Grant Program; NOW THEREFORE 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 to, the obligation to comply with each of the following: (a) The Housinq 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 Riqhts Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284); Section 109 of the Housinq 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; q`*• �i (e) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to imnlement 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 R of OMB Circular A-102 relating to bonding and insurance; (2) Appendix G of OMB Circular A-102 relating to financial management systems which meet Federal standards for fund control and accountability; (3) Appendix N of OMB Circular A-102 pertaining to property management; (4) Appendix O of OMB Circular A-102 relating to Procurement standards; (a) The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archeoloqical 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 Requlations, Part 800; (h) The Labor Standards Regulations set forth in Section 570.705 of 24 CFR, Part 570; (i) The Architectural Barriers Act of 1968 (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.); M The Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart R; (1) The Clean Air Act (42 U.S.C. Section 1857 et sea.) 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); W (m) The City will adopt a policy consistent with Board of Supervisors' Policy B-39, "Minority and Women Business Enterprise Program", in order to insure that every effort is made to provide equal opportunity to every potential minority and women business vendor, contractor and subcontractor; (n) No member, officer or employee of the City, or its designee or agents, no member of the governina 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 durina 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 aqrees to pay City as total compensation for implementinq the Projects described herein project costs not to exceed the sum of $188,727. 3• COMPENSATION SCHEDULE: County aarees to monthly progress payments upon certification and submittaliby City of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Aareement. The balance due shall he 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 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 aiven to the other party, provided, however, that no notice of termination aiven by City shall 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 Grant Proaram 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 the governmental entity which executed the _grant agreement received pursuant to its application and that it has thereby become legally liable and responsible thereunder for the proper performance of the Projects. I£ through any cause City shall fail to fulfill in timely and proper manner its obligations under this agreement to undertake, conduct or perform the project identified in this agreement, or if City 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 da:,s 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 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. 6• CONTRACT ADMINISTRATION: The Director, Housing and Community Development shall administer this aareement on behalf of the (-ounty. The City Manaaer shall administer this Agreement on behalf of the City. City aaroes 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 K, administrator to audit performance of this agreement. 7. RECORDS AND REPORTS: The City shall maintain records and make such reports as reauired 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 he open and available for inspection by auditors assigned by HUD and/or the County during the normal business hours of the City. 8. INDEMNIFICATION: The City agrees to fully indemnify, defend and save harmless 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 u� this contract, excepting only such injury or harm as may be '3 caused solely and exclusively by the fault or negligence of the County. 9. NOTICE: be Any notice or notices required or permitted to given pursuant the other party by to this agreement may be personally served on the by certified mail. party qiving such notice or may be served Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: K` CITX: COUNTY: ' City Manaqer Clerk of the Board of City of. Carlsbad Supervisors FS 1200 Elm Avenue County Administration Center .{ Carlsbad, CA. 92045 1600 Pacific Highway San Dieqo, CA. 92101 f IN WITNESS WHEREOF, the parties have executed this agreement on the year and day first above written. CITY TARL bA COUNTY OF SAN DIEGO By C C�<7 �i' By ATTACHMENT "A" SCOPE, OF WORK q The City of Carlsbad has certain projects to be implemented under the Thirteenth -Year Community Development The work Block Grant Program. to be accomplished consists of the followinq: 1• Continuation of the previously approved Commercial Rehabilitation Program with the City's redevelopment area. The proaram will consist of grants, SBA leveraged loans, local leveraged loans, direct interest subsidy direct or loans with an approximate maximum loan amount of $5,000. The City aqrees that the businesses receivinq loans shall certify in writing to the City that as a result of the loan that 51% of the jobs, either s new or retained, will be or are made available to low and moderate income persons. businesses must submit a auarterly reporttoCity forha period of one year after receivinq the loan. The report shall contain income information E on all persons retained or hired, verifyinq that at least 51% of those persons are of low and moderate income. Low and moderate income is defined as 80% of median income as specified in the Section 8 Existinq Rental Proaram. Assistance 2. Continuation of the Previously approved Residential Rehabilitation Proaram to be operated on a City-wide basis and will consist of: The City will make loans available at Below Market x; Interest rates, Deferred Loans and Grants. Eligible Participants will be Property owners with annual incomes that are within the Section 8 Existing Rental �xt Assistance Program and Absentee owners who agree to specific rental rates in order to qualify. The City will 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 3 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. t Deferred Loans will be for a minimum of $500 maximum of $7, 500. to a A 1 ien will be taken on the property and the loan will be payable in full when the Property is sold. Grants will be available to owner -occupants for a maximum of S2,000. A Grant will he limited to coverina Uniform Housing Code violations and to property which needs to be brouaht up to Rehabilitation standards. The City will operate the nroqram accoth the June 1981 "Residential Rehabilitationrdance Programin which by reference is incorporated herein. The City also aarees that all of the loans } made will be for persons of low and moderate income; i.e., 80$ or less of median income. 3. The design and installation of approximately 12 bicycle racks in the Core Village Area. 4. The construction of curbs qutters and approximately 400 lineal lks for feet on Lincoln Street between Elm Avenue and Oak Street. 5• The development and implementation of a program Paint residential structures Occupiedow to moderate income and persons within a targeted low and moderate income deterioratina area of the City in accordance with the guidelines established by the Office of. Historic Preservation. 6. The preparation of a Historic Resources Survey within the City to i nventory historic which will sites and structures, identify valuable historic resources the City for within future preservation activities. 7. The renovation of existing re roomsludinq, access for the handicapped, wit Ant theDepot buildina at Elm Avenue and the railroad. In accomplishina this work the City aarees the to comply with Secretary of Interior's Standards for Preservation Projects. Historic 8• Paving and installation of a drainage swale For 400 lineal feet of an alley located between Roosevelt and State to the south of Elm Avenue to Oak Street. The construction work will be in accordance with the San Diego Area Regional Standard Drawings (May 19), Specifications for Public Works (1985Edition86 and Standard Standard Special Provisions (January 1986).