HomeMy WebLinkAbout1979-03-20; City Council; Resolution 57114
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RESOLUTION NO. 5711
A MSOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETCJEEN THE CITY OF CARLSBAD AND THE COUNTY OF
YENTATION OF FOURTH YEAR HOUSING AND
COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
SAN DIEGO FOR MANAGEMENT AND IMPLE-
Tne 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 Fourth Year Housing and Community Development Block Grant Project, 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad, California, held on the
20th day of March, 1979, by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and
NOES: None
Councilwoman Casler
ABSTA1N:None
ATTEST :
( SEAL)
bf a
into a cooperative agreez3nt for subxission of a proposal to
the Departmext of Rousing 2nd Urban Dsvelopxent (hereinafter
referred to as **HuD"): apd
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THIS AGREEMENT entered into by 2nd between the CITY OF
CARLSBAD (hereinafter referred to as "CITY"), and the
COUNTY OF' SAN DIEGO (hereinaEter rez'erred to as t'COUNTYt'),
OR
W I T N E S S E T R:
WHEREAS, there has been snacte2 into law Public Law 93-
383, the Housing and Comzunity Developent Act of 1974, the
primary objective of which is the de-.relopment of viable
urban comtunities by provising federzl assistance for community
development activities in urban areas; and
WKEREAS, County as'an "urban cocnty" as that term is
used in the Act, is authorized to a_c?ly fox and accept
Community Development grants with res9ect 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 u;dertaking of
essential comqunity development and housing assistance
activities; and
WHEREAS, City is a unlt of general local government I I
WHEREAS, on November 29, 1979, City and County entered
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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 a Commmity Development Block Grant is made
to the County on account of such pro2osal the parties heretofore
will enter into a supplementary agreement providing for implemen-
tation of the City proposal by the County, the City or by cooper-
ative action of the two agencies; and
WHEREAS, HUD has approved the County application for Com-
munity Development Block Grant funds; and
WHEREAS, it is the desire of the City and the County that .. ..>..
the Project be implemented by the City; and '
WHEREAS the City shall undertake the same obligations to the
County with respect to the Project as the County has undertaken
to HUD with respect to the Project 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. 7015.12) which were submitted concurrently
with the application, The application and assurances
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form is hereby incorporated by reference into this agreement
fully as if set forth herein.
hereby the same obligations to the County that the County has
City agrees that it undertakes
undertaken to HUD pursuant to said application and assurances,
City agrees to hold County harmless against any indemnity whfch
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 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
(b)
Federal Regulations commencing with Section 570 .I) ;
(c) Regulations of the Department of Housing and Urban
Development relating to environmenthl review procedures
for the Community Development Block Grant program
(Title 24, Subtitle Ai 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 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 11063; and any HUD
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regulatas heretofore issued or tee issued to
implement these authorities relating to civil. Eights;
The Uniform
Acquisition
Relocation Assistance and Real Property
Policies Act of 1970 and regulations
adopted to implement that Act in the Code of Federal
Regulations, Title 24, Pzrt 42;
Federal Managezent Circular 74-4 entitled "Cost
Principles Applicable to, Grants and Coatracts With
State and Local Goverrments" and Federal Kanagenent.
Circular 74-7 elrtitled "Uniform Administrative Require-
ments for Grants in AFd to State and Local Governmn,nt~.~*
Reference is particularly made to the following .
appendices:
.
Appendix G of Federal Managenent Circular 74-7 ..
relating to f inaxial xanaqenent systems which I
meet Federal standards for fund control and
accountability;
Appendix N of Feders-l Hanagernent Circular 7477
pertaining to property management;
Appendix 0 of Fe6eral Management Circular 74-7
relating to procurexent standards;
Appendix B of Federzl Management Circular 74-7
relating to bonding end insurance;
folLowiny laws and resulations relating to
preservation of historic places: Public Law 89-655,
the Archeological and Eiistorical Preservation Act of
1974 (Public Law 93-2911, and Executive Order 31593
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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 CFR, 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 or' Title 5, U.S.CI):
The Flood Disaster Protection Act of 1973 (Public Law
93-234 and the regulations adopted pursuant thereto) 24
CFR, Chapter X Subpart B;
The Clean Air Act (42 U.S.C. Section 1857 et seq.) and
the Federal Kater Pollution Control Act, as amended (33
U,S.C, Section 1251 et seq.) and the regulations
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adopted pursuant thereto (00 CFR, Part 1s)-
Compensation : County agrees to pay',City as total,
compensation for implementation for the Projects described herein
project costs not to exceed the sui of $137,000,
3. Compensation Schedule: County agrees to pay City
monthly progress payments of actual costs, upon certification and
submittal by City of a statement of actual expenditures incurred,
supported by appropriate dgcumentation; provided, however, that
Rot more than 90% of the total agreed compensation will be paid
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during the performance of this Agreement.
be paid upon certification by City that all of the required
servides have been completed- Payment by County is not to be
construed as final in the event that ElUD disallows reimbursement
for the project or any portion thereof.
The balance due shall
.
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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. 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
7 unless HUD has agreed to release County from its QbligatiQns
pursuant to the Project. Alternatively, the Agreement will be
.. automatically terminated in the event that the United States
Government terminates the Community Dwelopment Block Grant
program or terminates the project, 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 2ursuant to its application
and that it has thereby become legally liable and responsible
thereunder for the proper performance of the project.
any cause City shall fail to fulfill in timely and proper manner
its obligations under this Agreement to undertake, conduct, or
If through
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 Cityof such termina-
tion and specifying the effective date thereof at least 5 days
before the effective date of such termination. Notwithstanding
the above, City shall not be relieved of liability to County for
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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 Courity from City is determined. City hereby expressly waives
any and all claims €or damages for compensation arising under
this Agreement except as set forth in this section in the event:
of such termination.
6 - Contract Administration: The Housing and Community
Development Director shall 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
of the City's program. All records of
to analyze utilization
the City respecting this
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.
8. Indemnification: TQ 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 for
resulging in any manner from, or connected with,
tion of this Project, including any loss,
the implementa-
damage or expense.
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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 resultizq in any manner from the
negligent act or acts of the other prty, its contractors, officers,
agents, or employees.
9- Notice, Any notice or noticss required or permitted
be given pursuant to this Agreement aay be personally served on
the other party by the party givirq such notice or may be served
by certified mail. Notices hereweer shall be sufficient if sent
by certified mail, postage prepaid to:
CITY: COUXTY :
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Paul D. Eussey Clerk of the Board of Supervisors City Manager Counky fi&iinistration Center 1200 Elm Avenue . 1600 Pacific Highway
Carlsbad, CA 92008 San DFqo, California 92101 .
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IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first above wrF” Lben -
CITY OF cAIIz;sBAD COGSTY OF SA3 DIEGO
t ‘1 e ATTACHMENT A
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SCOPE OF WORK
The City of Carlsbad has certain projects funded from the
Fourth-Year Community Development Block Grant -
sists. of the following: The work con-
1, Design and construction of a public parking area at
the northwest corner o€ the intersection of State
and Grand.
a) Parking Plan - The plan would cover approximately
15,000 square feet, as indicated in (Attachment I), owned by the City and will address the comprehen-
sive development of a parking Eacility including landscaping, space arrangement, lighting, signing and construction cost estimates.
b) Construction of the south. hdlf of the property
. for 20 to 25 parking spaces, Costs will include relocation assistance,
2, Streetscape Plan and Phase I Construction.
Streetscape Plan - The Plan will address the im- provement of the streetscape within the co~e area of the inner-city (Attachment 2) with the goal of
minimizing pedestrianhehiclar conflict and increas-
ing pedestrian usabilitye Items to be included within the plan are lightingr street furniture,
landscaping and construction cost estimates.
resulting plan document will specify unifirom stan- dards for public right-of-ways.
Phase I Construction - This will focus on’gatervays in and through the village area and installation of
materials for Elm Avenue from State to Washington
and Grand Avenue from State .to Washington,
The
3, Core Area Property Acquisition - Acquisition by long term lease or purchase of one mid-block lot on State, Roosevelt and Madision (Attachment 3)
adequate mid-block pedestrian access. acquisition, demolition, relocation assistance and
improvement of one-mid-block access point.
to provide Lots will include
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