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HomeMy WebLinkAbout1987-01-27; City Council; Resolution 8947c A RESOL-JTION CARLSBAD, BETWEEN SAN DIESO APPROPRIATION DEVEL0F”T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8947 OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA, APPROVING AN AGREEmNT THE CITY OF CARLSBAD AND THE COUNTY OF FOR MANAG-NT AND IMPLEMENTATION AND OF FUNDS FOR 12TH YEAR COMMUNITY BLOCK GRANT PROJECTS AND AUTHORIZING WHEREAS, resolve as (1) That1 an agreement between the City of Carlsbad and t:?e City of Carlsbad, California, does hereby follows: the That County the Finance Director of Ian Diego for Management and Implementation of 12th Year nity Development Block Grant Projects, a copy of which ached hereto as Exhibit A and made a part hereof, is her by approved. I (2) That authorized and the Mayor of the City of Carlsbad is hereby directed to execute said agreement for and on behalf of the ity of Carlsbad. c (3) is hereby authorized and directed to ap ropriate funds. a PASSED, AP ROVED AND ADOPTED at a regular meeting of the Q City Council o the City of Carlsbad on the 20th day of i January, 1987, /by the following vote, to wit: AYES: NOES : ABSTAIN : ATTEST: I (SEAL) MANAGEMENT AND IMPLEMENTATION DEVELOPMENT BLOCK GRANT PROJECT This Agreemeit Carlsbad (hereinafter SAN DIEGO, (hereinafter WHEREAS, ther: the Housing and objective of which by providing activities in urban entered into by and between the City of referred to as "CITY"), and the COUNTY OF referred to as 'ICOUNTY") , W I T N E S S E T H: has been enacted into law Public Law 93-383, Community Development Act of 1974, the primary is the development ,of viable urban communities feceral assistance for community development areas; and 4 WHEREAS, Coun the Act, is author ment grants with re respect to i ncl udec it has entered in assist in the undei housing assistance WHEREAS , City within the territor WHEREAS, and : a cooperative agr Department of Housi to as "HUO"); and WHEREAS, pur incorporated the C Attachment ''A'' herl into the County's I: WHEREAS, the event that the Cit County proposal an the County on acco will enter into a 5 tation of the Cii cooperative action CCSF No. 70.01 as an "urban county" as that term is used in zed to apply for and accept Community Develop- jpect to its unincorporated territory and with units of general local government with which ;o Cooperation Agreements to undertake or to taking of essential community development and 3ctivities; and is a unit of, general local government located ial boundaries of the County; and 2ptember 18, 1984 City and County entered into ement for submission of a proposal to the 7g and Urban Development (hereinafter referred uant to that Cooperation Agreement County ty's proposal for the project described in of (hereinafter referred to as the "Project") pplication which was submitted to HUD; and Cooperation Agreement provided that in the proposal is approved by HUD as part of the Community Development Block Grant is made to Ant of such proposal the parties heretofore upplementary agreement providing for implemen- y proposal by the County, the City or by of the two agencies; and WHEREAS, HUD~ Community develop me^ WHEREAS, it i' the Projects be imp WHEREAS, the the County with res application for par Grant Program; NOW IT IS AGREED A 1. WORK TO Project described ' Workii) fully in acc made by the County the assurances (H currently with the form is hereby in fully as if set fo hereby the same o undertaken to HUD City agrees to hol it may suffer with the part of City obligation. The ot not limited to, following: The Hous (Public L Regulati Developme Grants ( Federal R Regul ati Devel opme for the (Title 21 Regulatic Title VI (Public Community Housing Order 11 regulati imp1 ement 88-352); has approved the County application for it Block Grant funds; and l the desire of the City and the County that lemented bythe City; and City shall undertake the same obligations to pect tothe Projects in the County's aforesaid ticipation in the Community Development Block THEREFORE 5 FOLLOWS: 3E PERFORMED: City agrees to implement the n Attachment "A" hereof (entitled "Scope of irdance with the terms of the application to HUD for funds to carry out the Project and ID Form No. 7068) which were submitted con- application. The Application and assurances :orPorated by reference into this agreement rth herein. City agrees that it undertakes )ligations to the County that the County has Iursuant to said application and assurances. I County harmless against any indemnity which respect to HUD on account of any failure on to comply with the requirements of any such ligations undertaken by City include, but are the obligation to comply with each of the ing and Community Development Act of 1974 aw 93-383) as amended; jns of the Department of Housing and Urban nt relating to Community Development Block -itle 24, Chapter V, Part 570 of the Code of egulations commencing with Section 570.1); )ns of the Department of Housing and Urban nt relating to environmental review procedures Community Development Block Grant program , Subtitle A, Part 58 of the Code of Federal ns, commencing at Section 58.1); of the Civil Rights Act of 1964 (Public Law Title VI11 of the Civil Rights Act of 1968 -aw 90-284); Section 109 of the Housing and Development Act of 1974; Section 3 of the Ind Urban Development Act of 1968; Executive 246; Executive Order 11063; and any HUD ons heretofore issued or to be ssued to these authorities relating to civil rights; i t (e) The Uniform Acquisition adopted Regulations, (f) OMB Circular ndix N of OMB Circular A-102 pertaining to 0 of OMB Circular A-102 relating to management; standards; Relocation Assistance and Real Property Policies Act of 1970 and regulations to implement that Act in the Code of Federal Title 24, Part 42; A-87 entitled "Cost Principles Applicable dix B of OMB Circular A-102 relating to g and insurance; wing laws and regulations relating to ic places: Public Law 89-665 the torical Preservation Act of 1974 w 93-291), and Executive Order 11593 the procedures prescribed by the Advisory Historic Preservation in 36 Code of Federal tandards Regulations set forth in Section tectural Barriers Act of 1968 (42 ing to the conduct of political 5 of Title 5, U.S.C.); rotection Act of 1974 (Public Law tions adopted pursuant ter X Subpart B; 24 CFR, Part 570; U.S.C. Section 1857 et seq.) and ution Control Act, as amended (33 et seq.) and the regulations to (40 CFR, Part 15); financial management systems which meet Federal stardards for fund control and accountability; (m) The City "Minority will adopt a policy consistent with B-39, Business Program Policy Statement", in order to insure opporturity vendor, (n) No memb?r, designee the other who respect year indirect, process with the shall such such cation. County agrees to pay City as total the Projects described herein thaw every effort is made to prov,de equal to every potential minority business officer or employee of the City, or its or agents, no member of the governing body of locality in which the program is situated, and no public official of such locality or localities exercises any functions or responsibilities with .Lo the program during his/her tenure or for one thereafter, shall have any interest, direct, or in any contract or subcontract, or the .:hereof, for work to be performed in connection program assisted under the Grant, and that it incorporate, or cause to be incorporated, in all contracts or subcontracts a provision prohibiting int2rest pursuant to the purposes of this certifi- contractor and subcontractor; m of $148,789. County agrees to pay City rtification and submittal by pendi tures incurred , provided , however, that not e than 90% of the total agreed compensation will be paid dur the performance of this Agreement. The balance due shall fication by City that all of leted, Payment by County is event HUD disallows reim- rtion thereof. 4, TERM: is agreement shall commence when executed by the partiene and shall continue in full force and effect until terminat s provided herein. The agreement may be 0 days notice of intention to her party, provided, however , n by City shall be effective ounty from its obligations pursuant to the jects. Alternatively, the agreement will be ent that the United States Government termi s the Community Development Block Grant Program or termin the Projects, which is the subject of the agreement. 5. TERMINATION recognize that the executed the grant and that it has thereunder for through any cause manner its obligations or perform the OF AGREEMENT FOR CAUSE: City and County County is the governmental entity which agreement received pursuant to its application tiereby become legally liable and responsible tie proper performance of the Projects. If City shall fail to fulfill in timely and proper under this agreement to undertake, conduct project identified in this agreement, or if City . shall violate any of this agreemen.:, terminate this termination and five days before Notwithstanding liability to County any breach of the payments to City the exact amount City hereby expressly compensation arising this section in any other provisions this contract anc waive or impair to damages to which of the covenants, agreements, or stipulations County shall thereupon have the right to agreement by giving written notice to City of such siecifying the effective date thereof at least the effective date of such termination. .:he above, City shall not be relieved of for damages sustained by County by virtue of agreement by City and County may withhold any for the purpose of set-off until such time as of damages due County from City is determined. waives any and all claims for damages for under this agreement except as set forth in the event of such termination. Notwithstanding of this contract, City, by entering into the previous Cooperation Agreement, does not any degree whatever immunity from suit and/or it may legally be entitled. 6. CONTRACT ADMINISTRATION: The Director, Housing and of the County. 'Tt-e on behalf of the reasonable perioc other documentatio? administrator to 7. RECORDS and make such Development Direct3r of the City's Projects shall be assigned by HUD hours of the City. defend and save damage, liability, resulting from out of or in any this contract, caused solely and County. 9. NOTICE: be given pursuant the other party by by certified mail. by certified mail, 8. 1NDEMNIFl:CATION: City Manager shall administer this Agreement City. City agrees to supply to County within a of time after request, progress reports or as shall be required by the County's contract aidit performance of this agreement. AND REPORTS: The City shall maintain records reports as required by the Housing and Community to enable the County to analyze uti1 ization program. All records of the City respecting the open and available for inspection by auditors indlor the County during the normal business The City agrees to fully indemnifyt, barmless the County against any and all loss, claim, demand, suit or cause of action injury or harm to any person or property arising wiy connected with the performance of work under excepting only such injury or harm as may be exclusively by the fault or negligence of the Any notice or notices required or permitted to to this agreement may be personally served on the party giving such notice or may be served Notices hereunder shall be sufficient if sent postage prepaid to: CITY: COUNTY: I City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Clerk of the Board of Supervisors County Admini strati on Center 1600 Pacific Highway San Diego, CA 92101 IN WITNESS the parties have executed this agreement on the year and above written. CITY OF CARLSBAD COUNTY OF SAN DIEGO c ', The City of Carlsbtd the Twelfth-Year work to be accompl-shed 1. Continuation Rehabilitation area. aged subsidy loan amoint 2. Continuation Rehabili'.ation basis anc, ATTCHMENT "A" has certain projects to be implemented under Community Development Block Grant Program. The consists of the following: of the previously approved Commercial Program within the City's redevelopment The program will consist of grants, SBA lever- loans, local leveraged loans, direct interest or direct loans with an approximate maximum of the previously approved Residential Program to be operated on a City-wide of $5,000. will consist of: ! SCOPE OF WORK The City Interest participoants incomes Assistance specific Citywill of the the eligible Below be from 2 period variable will make loans available at Below Market rates, Deferred Loans and Grants. Eligible will be property owners with annual -;hat are within the Section 8 Existing Rental program and Absentee owners who agree to rental rates in order to qualify. The also establish a Loan Committee to review each lDans. Eligible improvements will consist of interior, exterior and code repairs which are Ma-ket Interest rates (low Interest Loans) will minimum $1,000 to a maximum of $25,000 for a of fifteen years. The interest rates will be under Title I, FHA Loans. dependent upon the Applicants income. Deferred maximum property property Grants maximum Uniform needs to The City the June which by Loans will be for a minimum of $500 to a of $7,500. A lien will be taken on the and the loan will be payable in full when the is sold. will be available to owner-occupants for a of $2,000. A grant will be limited to covering fiousing code violations and to property which be brought up to Rehabilitation standards. will operate the program in accordance with 1981 "Residential Rehabilitation Program", reference is incorporated herein. The also I agrees of low arid income. 3. The scaping, lineal Roosevel t; 4. The 1 tiat all of the loans made will be for persons moderate income; i.e., 80% or less of median construction of curbs, gutters, sidewalks, land- and drainage facilities for approximately 400 feet of street area on Oak Avenue between and State Streets. installation of street lights and control boxes at Rotary and Granc The construc.iion Diego Area Regioral Standard Specifications Standard Special Park and on Madison and Roosevelt between Laguna Avenue. work will be in accordance with the San Standard Drawings (October 1982), the for Public Works (1982 Edition) and the Provisions (October 1982).