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HomeMy WebLinkAboutCC RESO 13,827RESOLUTION N0. 13,827 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING AND APPROVING AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of National City upon recommendation of its Committee for Housing & Community Development, approved, by adoption of Resolution No. 13,473 on November 18, 1980 a Seventh Year Community Development Block Grant Program; and WHEREAS, the County of San Diego has offered an Agreement for Management and Implementation of said Program which has been approved by the U. S. Department of Housing & Urban Development as part of the County of San Diego Application to said Department; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California that the City Manager is authorized to execute an Agreement for Management and Implementation of a Community Development Block Grant Program between the County of San Diego and the City of National City. A copy of said Agreement is on file in the office of the City Clerk and reference is hereby made to all particulars contained therein. PASSED AND ADOPTED this 15th day of June, 1982. L• Kile organ, May ATTEST: Campbell, City / lerk AGREEMENT -FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT This AGREEMENT entered into by and between the City of National City (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 -September 16, 1980 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 - 2 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. City agrees that it undertakes hereby the same obligations 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: (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); (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); (d) Title VI of the Civil Rights Act of 1964 (public Law 88-352); Title VIII 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; (g) 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; 4 (h) The Labor Standards Regulations set forth in Section 570.605 of 24 CFR, Part 570; (i) The Architectural Barriers Act of 1969 (42 U.S.C. Section 4151); (j) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); (k) The Flood Disaster Protection Act of 1973 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart B; (1) 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) . (m) The City will adopt a policy consistent with County of San Diego Board of Supervisors' Policy 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 sub- contractor.. 2. COMPENSATION: County agrees to pay City total compensation for implementation for the Projects described herein project costs not to exceed the sum of $327,773. 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. •The 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. • 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. Alternatively, 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. 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 breachof 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. Development 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 the City. 6 8. INDEMNIFICATION: To 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 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: COUNTY: City Manager City of National City 1243 National Avenue National City, California 92050 Clerk of the Board of Supervisors County Administration Center 160.0 Pacific Highway San Diego, California 92101 IN WITNESS WHEREOF, the parties have executed this agreement on the- year and day first above written. CITY OF NATIONAL CITY COUNTY OF SAN DIEGO By By ATTACHMENT "A" SCOPE OF WORK The City of National City has certain projects funded from the Seventh -Year Community Development Block Grant. The work to be accomplished consists of the following: 1. HOME IMPROVEMENT LOAN PROGRAM This program is a continuing program which provides low interest and deferred loans to owner occupants for their homes within the Neighborhood Revitalization Area. The purpose of the program is to assist owners within the Neighborhood Revitalization Area in maintaining and improving their homes and preserving the City's housing stock. The maximum amount of a deferred loan is $3,500. The interest subsidy loan maximum is $15,000 for a maximum term of 15 years. The funds, ($286,802) in general, will be distri- buted as follows: a. 10% would be deferred loans for very low income home- owners; i.e., 50% of median income and below, and b. 90% to low and moderate income homeowners (80% of median income and below) at 3% interest rate. City agrees to comply with the Department of Housing and Urban Development (HUD) requirements set forth in their letter of July 29, 19.81 relating to the rehabilitation loan program or as amended by HUD. Community Development Commission staff will verify income, assist owners in dealing with contractors, inspect and verify work performed: 2. STREET LANDSCAPE This project consists of preparing a Master Plan for street tree planting within the area bounded by 8th Street, 16th Street, Highland Avenue and National City Boulevard. In addition, approximately 40 trees will be planted along with the necessary irrigation system.