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HomeMy WebLinkAbout1984-10-02; City Council; Resolution 77621 ... 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 23 22 2: 24 25 2E 27 2E RESOLUTION NO. 7762 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 1OTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Carlsbad, California, does hereby esolve as follows: (1) That an agreement between the City of Carlsbad and the ounty of San Diego for Management and Implementation of 10th Year omunity Development Block Grant Projects, a copy of which is ttached hereto as Exhibit A and made a part hereof, is hereby pproved. (2) That the Mayor of the City of Carlsbad is hereby uthorized and directed to execute said agreement for and on lehalf of the City of Carlsbad. (3) That the Finance Director is hereby authorized and lirected to appropriate funds. PASSED, APPROVED AND ADOPTED at a regular meeting of the City louncil of the City of Carlsbad on the 2nd day of October, 1984, by :he following vote to wit: AYES : Council lvkrnbers Casler, Lewis, Chick and Prescott NOES: None Y ILETHA L. R$plr ENKRANZ, City (Jlerk (SEAL) i'his Agreement entered into by and bet;.reen the City of Carlsbad (nereinafter referred to rlCil'Yrl), and the COUNTY 3? SAIU DiZGO, (hereinafter refferred $0 trCdUNTY1r), w I T N E s s E -i: H: NHdREd, there has been enactea into law Public Law 93-363, ti"e Housing and Community Development Act of 1374, 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 Communiky 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 hou s irig ass is tanc e ac t iv it ie s ; and WHEiIEAS, City is a unit of general local government located within the territorial boundaries of the County; and WHZREAS, on November 17, 1981 City and County entered into a cooperative agreement for submission of a proposal to tne Department of iiousing and Urban Development (hereinafter referred to as llHUi)lf); and WHEREAS, pursuant to that Cooperation Agreement County incorporated the City's proposal for the project described in Attachment rrA1l nereof (hereinafter referred to as the "Project") into the County's Application which was submitted to HUD; and WkIEiI&AY, the Cooperation Agreement provided that in the event that the City proposal is agproved by HUD as part of the County proposal ana Community Development Block Grant is made to the County on account of such proposal the parties heretofore will enter into a supplementary agrzement 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 -2- ;,*?,d3dAS, HUD nas ap2rovea the County application for Comrnunit;. 3evelo?ment 31ock Grant funds; and ;;sdfiU3, it is tne desire of the City an3 :ne Covtnty tea: ;ne Trajects Je implemented ~jr the City; and .. ;,jZdSAS, the City shaii undertaKe tne saxe obligations to the County with respect to cne Projects in tne County's aforesaic appli2aLion for participation in tne Community Development iiioc.; ;rant Trogram; Nod 'TH33dFOX ii' IS AGKEGD AS FOiiOirJS: l, WOdK TO BZ PCRFOdZZD: City agrees to ixplement tne Pro jezt described in Attachment 'lA" hereof (entitled "Scope of dorxrl) fully in accordance wiGn the teras of tne application rnade 347 tne County to dUD for funds to carry oat the Projec; and :;ne assurances (HUD Form No. 7063) wnich were submitter, concurrently with the application. The Application and assurances form is nereby incorporated by reference into this agreemen: fully as if set forth nerein. City agrees that it undertakes nerebjr tne same obligations to the County that the County has undertaken to HUD pilrsuant to said application and assurances. Zity agrees to hold County narmless against any indemnity whicr. it ma;! suffer with respect to HUD on account of any failure on tile part of City to compiy with the reqQirements of any sile; obligetion. The obligations undertaken by City include, bx: are ::Jt limited to, the obligation to comply witn each of ti?e follsx ing : Tne Housing and Community Development Act of l$?- (Public Law 93-383) as amended; iiegulations of tne Department of Housing and Urbar. Development relating to Community Development Bloc4 Grants (Title 24, Chapter V, Part 570 of the Code of Federal Hegulations commencing with Section 570.1) ; Hegulations of the Department of Housing and Urbar. Developmznt relating to environmental review procedures for the Community Development Block Grant prograrr (Title 24, Subtitle A, Part 58 of the Code of Federal Regulations, commencing at Section 58.1) ; Title VI of the Civil Rignts Act of i~04 (Public La-,.; d8-352); '1iLi.e VI11 of the Civil dights Act of 196s (Public Law 30-2dq); Section 109 of the Yousing an: Cornmunity Developaent Act of 1974; Seztion 3 of ths Iqodsing and Urban Development Act of 1963; Zxecutiv5 Order 11246; Executive Order 11063; and any HUil regulatiops herztofore issuea or to be issued to implement tnese authorities relating to civii rignts; c -3- (e) The Uniform aelocation Assistance zr.2 3eal Property Acquisition Policies Act of 1970 an6 reg;la;ions ado2Lei to imp1emer:t that Act in the Code of 35cerr;l ?egulations, Title 24, Part 42; .- OMB Circular A-87 entiLied "Cost Prinz:?.~es hpplicable to Grants and Grants and Contracts xitn State and Local Governmznts" and OPlB Circular A-122 entitiee llUniform Administrative Requirements for Grants in Aid to State and Locai Governments.f1 .?eference is particularly made to the following appezdic5s: (1) Appendix G of OM3 Circular A-lG2 relating to financial manageinent systems which meet Federal standards for fund control. and accountability; (2) Appendix iJ of WiB Circular A-132 pertainin2 to property management; (3) Appendix 0 of OM3 Circular A-132 relating to procurement standards ; (4) Appendix 3 of OI.18 Circular A-132 relatin2 to bonding and insurance; (g) The following lawsand regulations reiathg to preservation of historic places: Public Law 89-605 tae Archeological and Historical Preservation Act of 1.374 (Public Lai.1 93-291), and Executive Order 11593 including tize procedures prescribed by the Advisory Council on liistoric Prservation in 36 Code of Federal Regulations, ?ar; 800; (n) Tne Labor Standards Regulations set fortn in Sectio?. 573.705 of 24 CFH, Part 570; 4151) ; activities (Chapter 15 of Title 5, U.S.C.); (k) Tae Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations adopted 2ursuant thereto) 24 CFd, Cnapter X Subpart El; (ij 'Tne Architectural Barriers Act of 1963 (42 U.S.C. See" b lor, (j) The Hatch Act relating to the conduct of political (1) Tne Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Sederal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and tne regulations adopted pursuant thereto (40 CFR, 2art 15) ; (m) Tne City wiil adopt a policy consistent with 3-35, "Minority Business Program Policy Statenent", in order to insure that every effort is made to provide equal /- a 0 -4- opportunity to every potenziai mi..iarity business veniici", con trac or and subcontrac tor; n) 2. ivo meaber, officer or exployee of the City, or i-,s designee or agents, no niexber of the governing bo6-- -J of tr.e locality in whiz2 tne ?ragrann is sitl-iate;, and no other public official of sucn locality 3r localities who exercises any func:ians or resgonsioilities wi;:: rzspect to the program aJring his/her teniire or for one year thereafter, shall nave any interest, direc;, or indirect, in any contract or subcontgract, or tr.5 process thereof, for work to be performed in connectiz2 with the program assistec under the Grant, and ti?z."s it shall incorporate, or cause to be incorporateG, in all such contracts or subcontracts a provision prohibiting such interest pursuant to tne purposes of this certification. COMPt,NSATION: CounLy a;rees ta pay City as tot21 compensacion for implementing the Projects described hereiri pro-ject costs not to exceed the sum of $209,456. 3. COMPZi'4SATION SChEi)ULE: County agrees to pay City monthly progress payments upcn cercification and submittal by City of a statement of actual expenditures incurred, provide-,, hoxever, that not more than 90% of the total agreed compensatiori wiil oe paid during the performnee of this Agreement. Tr.e bziance due shall be paid upoil certification by City that al; or' tne recjairea services have been conpleced. Payment by COUP:^ is not to be construed as final in tne event HUD disallows rei?.- mrseinent for the project or any portion thereof. 4. TEi-IPl: This agreement snall commence when execute5 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 given to the other party, provided, however, that no notice of termination given by City shail be effective unless HdD has agreed to release County from its obligations pursuan-, to tile Projects. Alternatively, the agreement will be automaticall;r Lerminated in the event that the United States Government terminaces tile Community Development dlock Zrrant Irogram or terminates tne Projects, which is the subject of the asreemen?. 5. TLRAIiiATIdN OF AGREIiNEIji FUR CAJSE: City and County recognize that the County is the gov5rnnental entity which executed L::e grant agreeinent received pilrsuant to its application ane tnat it has thereby become legally liaole and responsible thereunaer for tne groper performance of tne Projects. If through azj- caise City shall fail to fulfill in timely and proper manner izs obligations unaer tnis agreexent to undertaxe, conduct or ?srform tcle project identified in tnis agreement, 01' if' City shall violate any of :ne covenants, agreements, or s:Lpulations of this agreement, County shall thereupon have -5- tne right LO terminat? this agmenent 5y givlr-j xritten notice to City of such termination and specifying CT.~ sff'ective daze thereof at least five days 'aefore tne effeczi-ie date of silcn zermination. Notdithstanding the above, City sr,z-- not be relieved of liaoility to County for damages sustained 5:: ;3,unty by virtue of any breach of the agreement Py C~L;J and C2sr-c~ may witnhold any payments to City for the 2;lrpose of set-cf9 .;ntil such the 2s the exact amount of danages due Counzjr from Ci:;r 1s determined. City n3reby expressiy waives any and ail c2las for damages for compensation arising under this agreement except as set fortti in tnis section in toe event of such terzlzation. Notwitn- into tnis contract and the previous Cooperatiofl Agreement, does not waive or impair to any degree whatever is3l;nity from suit and/or aamages to which it may legally be entitied. _- standing any other provisions of this contract, 14iLy, r. by entering 6. CONTRACT ADMINISTRATION: The Diree tor, Housing and Community Development shall administer this azreement on behaif or' the County. The City Manager shali adminiszsr tnis Agreement on benalf of the City. City agrees to supply LO County within a rzasonable period of time after request, 2rogress reports or other documentation as shali be required by the County's contrac t administrator to audit perforEance of <.?is agreement. 7. IILCORDS AND REPORTS: The City shall saintain records and make sucn reports as required by the Housinz and Community Development Director to enable the County to an2.lyze utilization of tne City's program. Ail records of the C::-j respecting the Projects shall be open and available for inspe2cion by auditors assigned by HUD and/cr the County during tree normal business hours of the City. 6. INDEMillFICATION: To the extent auLnorized by law, each party shall at all times idemnify and szve harmless tne other party against and pay in full any and zli 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 the Project, includinz 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 tne other party, its contractors, offices, agents, or employees. 9. NOTICE: Any notice or notices reqzired or permitted to be given pursuant to tnis agreement may be ;3ersonally served on tne otner party by the party giving such n3tice or may be serve0 by certifiea mail. Notices hereunder stall be sufficient if sent by certified mail, postage pre2aid to: City I-kanager Clerk or" tne 3ozrd of City of Carlsbad S;;p erv isors 1200 31m Avenue County =main is tra t ion Center CarlsSad, CA 92008 1600 Pa2ific Highway San Diego, CA 92101 24 WITiIESS WHEREOF, tne parties have executed this agreement on the year and day first above written. CITY 37 CA~LSBAD COUNTY OF SAN DIEGO ' ATTACHMENT "A" The City or" Carisbad has certain projects tc >e in?lznente~ under the ie2th-Year Coru"ity Development dzock Grant program. i:le work to be aeconplishtd consists of tne foilc.#;lng: I. Construction of the previously apprs-led screetscape project to include street resurfacing, sidewalk replace- ment, landscaping, fountain, street furniture, cur5 and gutter improvements and pedestrian cross rrJalks on State Street from Elm Avenue to Crand Avenue and on Grand Avenue fron the railroad trazks to Hadison Street. I. -. 2. Construction of curb, gutter ana side;mlk and paving of approximately q00 lineal feet inclading base and surface course on Washington Street be2r;een Ein Avenue and Oak Avenue; and installation of a screet light. :3. Construction of approximately 350 lineel feet of curb, gutter and sidewalk on the east and west sides of Roosevelt Street from Beach Avenue nortn to Laguna Drive. 4. Elenovation of the Carlsbad 8oys an6 Girls Club to include replacing the roof, remodel locker rooms and hallways, replace gymnasium windows, repzir and resurface gyrn floor and exterior painting. Construction work will be in accordance witn the San Diego Area iiegional Standard Drawings (October, 1982), the Szandard Specifi- cations for lublic WorLs (1982 ddition) and tne ;tandam Special Provisions (October, 1982).