HomeMy WebLinkAbout1982-11-16; City Council; Resolution 7065I : ..
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RESOLUTION NO. 7065
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
MENT BLOCK GRANT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
IMPLEMENTATION OF 8TH YEAR COMMUNITY DEVELOP-
WHEREAS 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
liego for Management and Implementation of 8th Year Community Development Block
:rant Projects, a copy of which is attached hereto as Exhibit A and made a part
Df hereof, is hereby approved.
(2) That the Mayor of the City of Carlsbad is hereby authorized and
3irected 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 16th day of November, 1982, by the
following vote, to wit:
AYES:
NOES: None
Councflmmbers Casler, Lewis, Kulchin, Chick and Presmtt
ABSENT: None
MARY H. PSLER, Mayor
ATTEST:
(SEAL)
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EXHIBIT A TO
FG2SOLUTION 7065
FOR MANAGEMENT AND
OF A COMMUNITY 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"), on
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 Development 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
located within the territorial boundaries of the County; and
WHEREAS, on November 17, 1981 City and County entered
into a cooperative agreement for submission of a proposal to
the United States Department of Housing and Urban Development
(hereinafter referred to as "HUD") :
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 implementation of the City proposal by the County, the
City or by cooperative action of the two agencies; and
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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 Project be implemented by the City; and
WHEREAS the City shall undertake the same obligations
to the County 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. 7068) which
were submitted concurrently with the application. The
application and assurances form is hereby incorporated by
reference into this agreement fully as is set forth herein,
to the County that the County has undertaken to HUD pursuant to said application and assurances. City 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:
\ City agrees that it undertakes hereby the same obligations
(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) ; I
(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) ;
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(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 regulations heretofore
issued or to be issued to implement these authorities relating to civil rights;
(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 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 relating
to procurement standards;
(4) Appendix B of OMB Circular A-102 relating to bonding and insurance;
(4) 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;
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The Labor Standards Regulations set forth in
Section 570.605 of 24 CFR, Part 570;
The Architectural Barriers Act of 1969 (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 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).
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.
COMPENSATION: County agrees to pay Ciky total
compensation for implementation for the Projects described
herein project costs not to exceed the sum of $197,122.
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 documentation provided,
however, that not more than 90% of the total agreed compensation will be paid during the performance of this Agreement. 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 that
HUD disallows reimbursement for the project or any portion
thereof.
The
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 unless HUD has agreed to release
County from its obligations pursuant to the Project.
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 the Agreement.
Alternatively,
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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
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, and also specifying with particularity
the nature and extent of the alleged cause. Upon receipt of
such a notice of termination for cause from County, the City
shall be afforded a period of 30 days in which period of
time County may either confirm or rescind its said notice.
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 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 Developinent Director to enable the County to
analyze utilization of the program. All records of 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
City. the
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8. INDEMNIFICATION: To the extent authoriz-d by la
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 resulting in any manner from, or connected with, the implementation 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 certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to:
CITY:
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
COUNTY:
Clerk of the Board of
Supervisors
County Administration Center
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
Attachment “A”
SCOPE OF WORK
The City of Carlsbad has certain projects to be implemented under the Eighth Year Community Development Block Grant entitlement. accomplished consists of the following: The work to be
1. Construction of a multi-purpose athletic field, approximately
100 _yards by 50 yards, adjacent to the Jefferson Street Elementary School. preparation, irrigation system, turf, trees, equipment and fencing.
Paving of 22,000 square feet of alley located north of Chestnut to approximately 100 feet south of Elm Avenue between Madison and Roosevel t Street.
Improvements will include grading, soil
2.
3. Construction of 11 feet wide stamped concrete pedestrian crosswalks, curbs and gutter improvements and landscaping at the corners of Elm Avenue and State Street and Grand Avenue and State Street.
All construction work will be in accordance with the San Diego Area drawings (July 1979 ( 1979 Edi ti on). (and Standards and Specifications for Pub1 ic Works Construction