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HomeMy WebLinkAbout1985-11-26; City Council; Resolution 82711 2 3 4 5 6 7 E s ZC 11 12 1: 14 1: 1f 1'; 1Z 15 2( 21 2: 21 24 2: 2t 2: 2E RESOLUTION NO. 8271 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 llTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS, APPROPRIATION OF FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City Council of the City of Carlsbad, Jalifornia, does hereby resolve as follows: (1) That an agreement between the City of Carlsbad and ;he County of San Diego for Management and Implementation of 11th [ear Community Development Block Grant Projects, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby ipproved. (2) That the Mayor of the City of Carlsbad is hereby iuthorized and directed to execute said agreement for and on 2ehalf of the City of Carlsbad. (3) That the Finance Director is hereby authorized and fiirected to appropriate funds. PASSED, APPROVED AND ADOPTED at a regular meeting of the 2ity Council of the City of Carlsbad, California, on the 26th day 3f November, 1985, by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSTAIN : None ABSENT: None ATTEST: ( SEAL) %.d& MARY H. CASLER, Mayor I ., e AGREEMENT FOR MANAGEMENT AND I?! PSZ'IEY?A! I ON OF A COMMUTTITY DEVELOPXENT BLOCK S?-AY? TROJECT This Agreement entered into by and 5etxeen the City of Sarlsbad (herei nafter referred to "CTTT"), and the COUNTY 3F SAN DIEGO, (herei na.fter referred to.."?C)LTlY."), WITN F.S S ET 9: WHEREAS, there ha.s been enacted in+o lc*g Piblic LEV 93-383, the Housing a.nd Community Development Act ~f 1974, the primary objective of which is the development of viz3le tlr5a.n comunities by provi di ng federal a.ss'i sta.nce for ccnnuzi ty development activities jn urban areas; a.nd WHEREAS, County as an '?urban count;y" 2s t3at terg is used in the Act, js authorized to apply for zld zccept :ommunity 3evelopment grants with respect to i ts uni ncor?orated territory and with respect to included unjts of general Local government wjth which it ha.s entered into Cooperation Agreements to under- - take or to assist in the undertaking of essintial communjty development and housi ng assi stance a.ct i vl ti €3 ; sTd WHEREAS, City is a. unit of general loczl gwernnent 1oca.ted .r;i-t;hin the terri tori a.1 bounda.ri es of the CoiLZty; 2nd WHERTAS, on Septeinber 18, 1984 City am? Cc-xty entered into I coopera.tive agreement for submjssisn cf B 3roposal to the 3er;a.rtment of Rousing and Urban !)eveloprint ~hsrzi nafter referred ,o as TtHUDf') ; and I L WTIER3AS, pursua.nt to that CooperatS 4greenent County lncorporated the City's proposal for the rrojzct described jn Attachment "A" hereof (herej nafter refeTrei? to ss thn, "'Project") into the County's Appli cati on whi ch was subr:'$te? to FE; and WHER3AS, the Cooperati on Agreement ;rovi ded thet in the event that the City proposal is a.pprovs3 7; E7 as pzrt of the County proposa.l a.nd Community Developzent 3fr~k Grant is made to the County.-oq a.ccount of such proposzl t:-.-ft gzrties k2retofore wl 11 enter i nt o a. supplementary agreenen? ~r:vj cl_i ?-E for I npleinen- 5a.tion of the City proposal by the C~UTT~, ?he Zity or by coopera.tjve a.ction of the two agencies; 2nd I .. I e 0 -2- WHEREAS, 9UD ha.s approved $he County application for Community Development Rlock Grant funds; an2 WHEREAS, it is the desire of the Zity and the County that the Projects be implemented by the City; and WHEREAS, the Cjty shall undertake the sa.me obli gati ons to the County with respect to the Projects in the County's aforesaj d appli catj on for pa.rti cj pati on in the Communj ty Develop- ment Block Grant Pr0gra.m; NOW TFIERE?ORE IT IS AGRESD AS FOLLOWS: 1. WORK TO RE PERFORMED: City a.grees to implement the Proiect described in Attachment "A" hereof (entitled. "Scope of Itork") fully in accordamce wjth the terms of the appljca.tion- made by the County to HUD for funds to carry out the Project and the assurances (HUD Porn No. ?068) which were submitted concurrently wj th the appli cation. The Appli cati on a.nd assura.nces f orl? i s hereby i ncorporated by reference j nto thj s o. agreement fully a.s if set forth herejn. Zity a.grees that it underta.kes hereby the sa.me obligations to the County that the County has undertaken to HUD pursuant to said applica.tion and ~ assurances. City agrees to hold 7ounty ha.rmless against any indemnity which it nay suffer wjth respict to HTJD on account 'of a.ny fa.ilure on the part of City to comply ;?ith the requirements of any such obligatjon. The obligatjons undertaken by City jnclude, bat are not limited to, the obligation to comply with each of the following: (a,) The Zousing and Comnunity Development Act of 1974 (PublSc Law 97-78?) as amended; (b) Regulztjons of the Depa.r';ment of Housing and Urban Development rela.tj ng to Community Developnent Block Gra.nts (Tjtle 24, Cha.pter V, P8.r-t 570 of the Code of Federal Regula.tj ons comzencjng xith Sectj on 570.1); (c) Regulztjons of the 2epar';ment of Housjng a.nd Urban Development relating to en-Ti ronmental revi ew procedures for the Community Development 3lock Grant pr0gra.m (Tjtle 24, Subtitle A, Part 59 of the Code of Federal Pegulsti ons, commenci ng at 9ecti on 58.1) ; (a) Title VI of the Civjl Rights Act of 1964 (Public Law 88-752); Tjtle VI11 of the Cjvj1 Rights Act of 1968 (?ublic LLZW 90-284); Sec$ion 3.09 of the Zousing and Communjty Development Act of 1976; Section 3 of the Ffousi ng and Urban Deve1o;zent Act of 1958; Executive Order 11246; Txecutive 3rder 11063; and any RUD regulations heretofore jssued or to be jssued to i nplerent these authorj tj es rela.tj ng to cj vi I rj ghts; -3- (e) The Uniform Relocatj on Assjsta.ncs End Real Property Acqujsj tj on Poli cj es Act of 1973 and regulatj ons adopted to implement that Act in the Code of Federal Regulations, Title 24, Part 42; (f) OMB Cjrcular A-87 entitled "Cost 2rincjples Appljcable to Grants and Gra.nts a.nd Contracts wjth State and Local Governments." and OMB Ci rculzr A-102 entj tled "Uniform Administrative Requjresents for Grants in Aid to Sta.te and Local Governnen5s." Reference is particularly ma.de to the following eppendi ces: (1) Appendjx G of OMB Cjrcular -4-102 relating to fjna.ncia1 ma.nagement systems whj ch meet Federal standards for fund control and aczounta.bi lj ty; (2) Appendjx V of OMB Cjrcular A-132 pertaining to (3) Appendix 0 of OMB Circular A-132 rela.tjng to (4) Appendjx B of OMB Circular :-lo2 relating to (g) The following laws and regulations Fslatjng to preser- vatjon of historic places: Put;ll:, Law 89-66? the Archeologi cal and FIistori ca.1 ?resertrr,tj on Act of 1974 (Publjc Law P3-291), and ?xezr;l+jve Order 11593 j ncludj ng the procedures prescr5 f33? by ihe Advisory Councj1 on Hjstorjc Preservation 5n 75 Code of Federal Regulatj ons, Part 800; (h) The Labor Sta.ndards Regxlations s.8: forth jn Section 570.705 of 24 CFR, Part 570; (j) The Archjtectural Rarriers Act of 1968 (42 U.S.C. Section 4151); ~ property management; procurement standards; bondj ng and j nsurance; (j) The. Ya.tch Act; rela.ting to the ct.ozdrrct of poljtica.1 actjvjties (Cha.pter 15 of Tjtle 5, 7J.S.C.); (k) The Flood Djsaster ?rott?ction >-et; of 1974 (Publjc Law 93-234 and the regula.ti on3 ??opted pursua.nt thereto) -- 24 CFR, Cha9ter X Subpart 3; (1) The Clean Ajr Act (43 V.S.C. Sec::~r~ 1857 et seq.) 2nd the Federal Water Pollitjon Cont-ol Act, as amended (33 U.S.C. Section 1251 et seq.) E? the regulatjons adopted pursuant thereto (A0 CY?, ?c? 15); (E> The City will adopt a policy consistent with B-79, 'Tj norj ty Busj ness ?rogra=1 Polj cy ??etenent", jn order to insure that every effort js rzSo to provide equal .. -4- opportuni ty to every potential minority business vendor, contractor and subcon2ractor; (n) No member, officer or enployee of the City, or its designee or a.gents, no member of the governing body of the locality in which the prograrr? is situated, and no other public offici21 of such locality or localities who exercises a.nj functions or responsj- biljties with respect to the program during his/her tenure or for one year thereafter, shzll have any interest, direct, or inCirect, in any contract or subcontract, or the process thereof, for work to be performed in connecti on with the program zssisted under the Grant, and that it shall jncorporate, or cause to be incorporated, in all such contracts or ssbcontracts a provision prohibiting such interest pursuant to the .purgoses of this certifi cati on. 2. COMPENSATION: County agrees to pa.y SSty as total compensation for implementing the Pr3jects described herein project costs not to exceed the sum of $189,423. 7. CCIMPENSATION SCHEDULE: County agrees to. pay City monthly progress payments upon certi fi cati on and submittal by Cj ty of a. statement of a.ctua.1 expenditures incurrid, provided, . however, that not more than 90% of the total agreed compensation will be paid during the performa.cce of this Agrie2ent. The balance due shall be pajd upon certification by Zft7 tha.t a.11 of the required services have been completed. Pa.ynent by County is not to be construed as fina.1 in the ?vent HUD djsallows reim- bursement for the project or any por5ion thereof. 4. TYRM: This agreement sh3.11 commence wken executed by the pa.rtjes hereto a.nd shall continue jn full force and effect until ternjnated a.s provided herein. The agroeaent ma.y be terminated 3y either pa.rty a.fter 30 days notice of intention to termjnate has been given to the othsr . ?arty,-. provi Ced, however, that no not;ice of termina.tion giveE by 7ity shall be effective unless HTJD has a.greed to release Counfy from its obligations pursuant to the Projects. Alterna.t5 velj, the a.grsexent wi 11 be a.utoma.ti ca.lly- termi nated i n the event that the TTnj ted Sta.tes Government termi nates the Community 3evelopment 3lock Gra.nt Pr0gra.m or termjna.tes the Projects, which js the subject of the agreement. - 5. T?RRI8ATION OF AGR99M3:WT ?OE CAUSE: Cizy and County recognize tha.t the County is the governnenta.1 entitv which - executed the grant agreement recei ve? pursuant to j ts epii cati on and that jt has thereby become legally liable and responsible thereunder for the proper perforcanes of the Projects. If through a.ny cause City shall fa.i1 to ful3ll in tjnelg and proper manner its obli gati ons under this agriecint to under$&e, conduct or perfora the project jdentifjed in thSs a.greement, or jf City shall vj ola.te any of the covenants, agr%ements, or sti pula.ti ons 0 -5- of this agreement, County shall thereupon have the right to terminate thjs a.greement by giving written notice to City of such termination and specifying the effective date thereof at least five days before the effective date o: such teraina.tion. Notwithstanding the above, City shall not be relieved of liability to County for da.mages susta.ined by Zounty by virtue of any brea.ch of the agreement by City and Coun%gr nay withhold any payments to City for the purpose of set-ozf until such time as the exact amount of da.ma.ges due County fror City is determined. City hereby expressly wajves any and all clzims for damages for eompensation arising under this a.greement except as set; forth in this section in the event of such termination. Yotwi thstandjng a.ny other provisions of this contrazt, City, by entering into this contract and the previ ous Coopera.tion Agrsenent, does not wajve or impa.ir to a.ny degree whatever jmnuz?ify from suit and/or damages to which it may legally be entitled. 6. CONTRACT ADMINISTRATION: The Di rsctor, Rousing and Comuni tg Development shall admi ni ster this zareement on beha.lf - ~ of the Cfounty. 'The City &Tanager shall zdninister this Agreement on Sehalf of the City. City agrees to su~ply to County within a reasonable period of tjme a.fter request, progress reports or other documentatjon a.s shall be required by the County's contract admini strator to audi t performance of this agreement. 7. RSCORDS AND REPORTS: The City skall maintain records and make such reports as required by the Z'o-Lsing and nomnunity Development Di rector to enable the County to znalyze uti lizati on of the City's program. All records of the City respectjng the Projects shall be open and a.vsila.ble for izssentjon by auditors assigned by HUD and/or the 7ounty during ?he norna.1 business hours of the City. 8. 13DEPINIFICATION: Yo the extent z.xtl?orj zed by 1a.w, ea.c:?. party shall at all tires jdemnify an4 save harxless the other .party a.ga.inst and pay jn full a..n,y and all loss, da.ma.ge or expense tha.t the other psrty may s-Is~?L~~!, Sncur, fir become liable for resultjng jn any nanner fno9, or connec2ed with, the jmplementa.tj on of the Project, includi-ng my loss, da.ma.ge or expense ar-jsing out of, loss of, or da.zsg,-o to.prozerty a.nd injury to or death of persons exceptjng my loss, da.mage or expense and cla.ims for loss, da.na.ge fir ex;:snse resulting in any manner from the negligent; a.ct or acts 03 the othsr party, its contractors, offi ces, a.gents, or employees. ._ -.. 9. NOTICE: Any notics or notjc2s -s=_:ixi-sd or permitted to be gjver: pursuant to this agreement za.y '52 ?srsonally served on the other party by the pa.rky giving such rotjce or ma.y be served by cert 5 f i ed mai 1. nTo+S ces hereunder 3h27-1 be suff i ci ent jf sent by certified majl, postage prepaid to: -6- CITY: COUNTY : C i ty Manager Clerk of the Board of Cj ty of Carlsbad Supervj sors ?ZOO Elm Avenue County Admjstratj OP Center Carlsbad, CA 92008 1600 Pacj f i c Hi ghwq San Djego, CA 92701 IN WITNESS WHEREOF, the 2a.rtjes have executed this agreement on the year and day fjrst above.wrjtten. CITY F CAIILSBAI) CCIUNTY OF SAN DIEGO BY %d- By MARY H. SLER, Mayor SCOPE OF WORK The Cj ty of Ca.rlsba,d has. certain projects to be iz?lemented under the Eleventh-Yea.r Communj ty Dcvelopnent Black Grant Prograa. The work to be a.ccozpljshed consists of: 1. Contj nuati on of the previ ouslg azproved Commercj a1 Reha.bj li ta.tj on Program wj thin the Zj ty's reCevelopment area.. the program will consist of grznts, SBA Levera.ged loans, local Leveraged Z~ms, dj rec5 interest subsidy or djrect local loans :qTlt:? a.n arproximate maximum loan a.mount of $5,000. 2. Improvements to Chase Fjeld to Include design; turf and landscapjng; j rrj ga.ti on system; fj ve new metal blea.chers; repa.i r a.nd/or replacement 03. the A/C surfa.cj ng; two corner .pocket .pj cnj c tsbles and barbeques ; li ghtj ng; lj tter reeentacies ; two drj nkj ng" f0unta.i ns; si dewa.lks wj th handj cap-otld access; snack ba.r a.nd stora.ge area jmprovemen5s; 2eta.l bjk2 ra.cks; a ~ horseshoe court; and a. dumpster 5cc:losgre. 3. Boys a.nd Girls Club jmprovezsnts to consjst of enclosjng the existing pool ares- nl zpproxjrately 50' X 65' to include constructjoc ~f concrete columns, wood beams, and concrete block, jnsfallatjon of a. roof of bui It-up bi tumj nous nateri 21 a22 ventable skylj ghts. Constructjon work will be jn accordzncs ujt3 the 3a.n Diego Area. 3egi ona.1 Standard Drawi n s (Octobsr 392), th~ Sta.ndard Specjfj ca.tjon for Public Works 7 1982 Edi2j cn: and the 3tanda.rd Specjal Provjsjons (October 1992).