HomeMy WebLinkAbout1976-08-17; City Council; Resolution 39911
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RESOLUTION NO. 3991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
MENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR MANAGEMENT AND IMPLEMENTATION
OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
MENT.
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE-
The City Council of 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 Implementa- tion of a Community Development Block Grant Project, a copy of which is attached hereto as Exhibit "A" and made a part herof, is hereby approved.
authorized and directed to execute said agreement for and on behalf of the City of Carlsbad.
(2) That the Mayor of the City of Carlsbad is hereby
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
17thday of August , 1976, by the following vote, to
wit:
AYES: Councilmen Frazee, Lewis, Skotnicki and
NOES: None Counci 1 woman Cas1 er
ABSTAIN: None
ABSENT: Councilman Packard
Robert C. Frazee, Mafir ATTEST :
(SEAL)
EXHIBIT "A"
AGREEbIENT FOR MANAGEMENT AND IMPLEFENTATION
OF A COIYIEIUNITY DEVELOPMENT BLOCK GRANT PROJECT
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"),
WITNESSETH:
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 activi-
ties 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 de-
velopment 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 local government included
within the territorial boundaries of County; and
WHEREAS, on April 14, 1975, City and County entered into a
cooperative agreement for submission of a proposal to the Depart-
ment 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" hereof (hereinafter referred to as the "Projecta)
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 a 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 imple-
mentation of the City proposal by the County, the City or by
cooperative action of the two agencies; and
WHEREAS, HUD has approved the County application for
community development block grant funds; and
WIIEREAS, it is the desire of the City and the County that
the Project be implemented by the City and that the City shall
undertake the same obligations to the County with respect to the
Project that the County has undertaken to HUD by reason of the
fact that the Project is included in its application for 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. 7015.12) 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:
The Housing and Community Development Act of 1974
(Public Law 93-383) ;
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);
Regulations of the Department of Housing and Urban
Development relating to environmental review pro-
cedures for the community development block grant
program (Title 24, Subtitle A, Part 58 of the Code
of Federal Regulations, commencing at Section 58.1);
Title VI of the Civil Rights Act of 1964 (Public Law
88-352); Title VI11 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 11036; and any HUD
regulations heretofore issued or to be issued to
implement these authorities relating to civil rights:
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:
Federal Management Circular 74-4 entitled "Cost
Principles Applicable to Grants and Contracts With
State and Local Governments" and Federal Management
Circular 74-7 entitled "Uniform Administrative Require-
ments For Grants in Aid to State and Local Governments".
Reference is particularly made to the following
appendices:
(1) Appendix G of Federal Management Circular 74-7
relating to financial management systems which
meet Federal standards for fund control and
accountability;
(2) Appendix N of Federal Management Circular 74-7
pertaining to property management;
(3) Appendix 0 of Federal Management Circular 74-7
relating to procurement standards:
(4) Appendix B of Federal Management Circular 74-7
relating to bonding and insurance;
The following laws and regulations relating to
preservation of historic places: Public Law 89-665,
the Archeological 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
Regulations, Part 800;
The Labor Standards Regulations set forth in Section
570.605 of 24 C.F.R., Part 570;
The Architectural Barriers Act of 1968 (42 U.S.C.
Section 4151) ;
The Hatch Act relating to the conduct of political
activities (Chapter 15 of Title 5, U.S.C.); .
The Flood Disaster Protection Act of 1973 (Public Law
93-234 and the regulations adopted pursuant thereto)
24 C.F.R., 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 C.F.R., Part 15).
Compensation. County agrees to pay City as total
*
compensation for implementing the Projects described herein
project costs not to exceed the sum of $34,402.
3. Compensation Schedule. County agrees to pay to City
partial progress payments of actual costs, not to exceed the
amount indicated, upon certification by City that the following
specified points have been reached in the scheduled implementation
of the project and upon submittal by City of a statement of actual
expenditures incurred. Payment by County is not to be construed
as final in the event that HUD disallows reimbursement for the
projects or any portion thereof.
Upon completion of the construction of the
wheelchair ramps as described in Item 1 of
the attached scope of work
Upon completion of Phase I as described in Item 2 of the attached scope of work
Upon completion of Phase I1 as described in Item 2 of the attached scope of work
$10,000
$16,000
$ 8,402
4, Term. This agreement shall commence when executed -
by both parties hereto and shall continue in full force and
effect until terminated as provided herein,
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 Project, Alternatively, the agreement will be
automatically terminated in the event that the United States
Government terminates the community development block grant
program or terminates the Project, which is the subject of this
agreement.
I t
The agreement may
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 applica-
tion and that it has thereby become legally liable and responsible
thereunder for the proper performance of the Project. If 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
5 days before the effective date of such termination.
standing 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.
by expressly waives any and all claims for damages for compensa-
tion arising under this agreement except as set forth in this
section in the event of such termination.
Notwith-
City here-
6. Contract Administration. The Housing and Community - __
Development Director shall administer this agreement on behalf
of the County.
on behalf of the City.
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.
The City Manager shall administer this agreement
City agrees to supply to County within a
7. Records and Reports. The City shall maintain records
and make such reports as required by the Housing and Community
Development Direc:tor to enable the County to analyze utilization
of the City's program.
Project shall be open and available for inspection by auditors
assigned by HUD and/or the County on reasonable notice during
the normal business hours of the City.
All records of the City respecting this
8. 1ndemni.fication. To the extent authorized by law,
each party shall at all times indemnify 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
Yor resulting in any manner from, or connected with, the implemen-
tation of this Project, including any loss, damage or expense
arising out of, loss of, or damage to property and injury to or
death of persons excepting any loss, damage or expense and claims
for loss, damage or expense resulting in any manner from the
negligent act or acts of the other party, its contractors,
officers, agents, or employees.
9. Notice. Any notice or notices required 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
served by certiffLed mail. Notices hereunder shall be sufficient
if sent by certified mail, postage prepaid to:
CITY: COUNTY:
City Manager 1200 Elm Avenue
Carlsbad, California 92008 1600 Pacific Highway
Clerk of the Board of Supervisors County Administration Center
San Diego, California 92101
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above written.
CITY OF CARLSBAD COUNTY OF SAN DIEGO
VROBERT C.
BY
ATTACHMENT A 0
SCOPE OF WORK
The work to be carried out in these projects consists of:
1, Construction of 37 wheelchair ramps at selected intersections
within the City of Carlsbad, Specific locations of the inter-
sections are shown in Exhibits A and B. The ramps will be
constructed according to the City's standard drawing shown in
Exhibit C.
2. Renovationsl of the Magee House at 258 Beech Street, Carlsbad,
for use as a neighborhood facility, The architectural plans
submitted bty the City are by reference incorporated herein,
The specific improvements to be made are to be done in the
following phases:
Phase I, Demolition of interior, foundation repairs, rough
and finished plumbing, rough and finished lumber,
insulation, carpentry, sanding, and sealing the
flooring. \
Phase 11. Installation of electrical wiring and fixtures,
drywall and roofing, install cabinets, ceramic
tile, carpeting; window frames, sash and glazing;
doors (22), hardware, and the final cleanup.
0 ,..- EXHIBIT --'A
DE:SCRIPTION OF INTERSECTIONS TO BE RAMPED - .. ..
Location Corners to be Sidewalk Ramped Size
10' 7 0' 10' 10' 10'
10' 10' 7 0'
7. State and Grand .. NE, NW, SE, SGI
2, State and Elm ..e NE, NW, SE, SW
5, Car'lsbad B7vd. and Grand NE, NW, SE
7, Harding and Elm NE, NW, SE, SW
8. Jefferson and Elm NE, NW, SE, SW
9. Madison and Elm NE, NW, SE, SW . IO. Harding and Oak
Alternatives:
3, Roosevelt and Grand NW, SE, SW 1
4, Rooseveft and Elm NE, NtJy SE, SW
6. Washington and Grand NE, SE, SW . 5'
NE, NIJ, SE, Slil 10'
a. 11. Pi0 Pic0 and Elm 72, Harding and Pine 13. Harding and Chestnut 14. Madison and Grand 75. Jefferson and Grand
16. Harding and Grand
.' 10'
10' 10' 7 0'
5' and 10' 10'
NE, N!4, SE,
NE, NW, SE, SGI SE, St?
NE, NW, SE, sb! SE, SGI .
NE, NW, SE, SN
. . ..
L . EXHIBIT "C" -"
I.
REIXMYENOED BY THE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGfOWAL STANOAROS COMMITTEE
, &Uk2 &z.H75
DETAl L-A
Revision By Approved Date
A
1/2" Lip on
Section will
-4 ,-Gutter Grade 7 1/2' Min '
SECTION A-A De& c
DETAIL C
1
... AT.
...... I .......... - ,y.. it.:: i . . ' 1..
NOTES
1. Ramp shall be centered on or diirectly opposite the bisector of the
2. In the ramp area, the slope shall not exceed 12:l (8.33%). Any
3. Texture to be heavy broom finisli transverse to axis of ramp.
4. Concrete shall be 517-C-2500.
curb return or as directed by thr! Agency.
deviation must be approved by the Agency.
DETAl L-B
..
LEGEND ON PLANS
-
''RAWING -.UMBER 6-8 = SiDEWALK RAMP
I I II I