Item 10 - Management & Implementation Agreements for Two 20th Yr CDBG Projects AGENDA REPORT SUMMARY
--TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive DiOr
I1N~I~TED BY: ~John D. Fitch, Assistant City Manager/Assistant Executive DirectoF~-~f
~arren H. Shafer, Director of Redevelopment Services
~ David Narevsky, Redevelopment Manager ~r,3
Kris Gridley, Redevelopment Coordinator ~
DATE: February 21, 1995
SUBJECT: Management and Implementation Agreements for Two Twentieth Year
Community Development Block Grant {CDBG) Projects
In order to begin implementation of the City's Twentieth Year Community Development
Block Grant (CDBG) program, proposed agreements for the management and implementation
of two projects are provided for the City Council's consideration as Attachments A and
B. The agreements will enable the County to reimburse the City a total of $63,400 in
CDBG funding for completing accessibility modifications in accordance with Phase III of
the Americans with Disabilities {ADA) implementation plan.
ENVIRONMENTAL REVIEW
There is no environmental review required for the approval of the proposed agreements.
FISCAL IMPACT
It is recommended that $63,400 be appropriated from the Redevelopment Agency 80%
unappropriated fund balance (Account #436-8912) to cover project costs prior to
receiving CDBG funding reimbursements from the County.
ADDITIONAL PUBLIC NOTIFICATIONANDCORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the attached
Management and Implementation Agreements, appropriate $63,400 from the Redevelopment
Agency 80% unappropriated fund balance to cover project costs prior to receiving
reimbursements from the County and adopt the attached Resolutions determining that the
completion of the two CDBG funded projects will be of benefit to the Paguay
Redevelopment Project Area.
A(:TION
1 of 24 FEB 2 1 1995 ITEM 10
- AGENDA REPORT
CITY OF POWAY
This report is included on the Consent Calendar, There will be no separate discussion o['the report pdor to approval by the
City Council un~ess members of the Council, sta~ or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk pdor to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Dire~
INITIATED BY: John D. Fitch, Assistant City Manager/Assistant Executive~
Director
Warren H. Sharer, Director of Redevelopment Service~)
David Narevsky, Redevelopment Manager D~
Kris Gridley, Redevelopment Coordinator ~
DATE: February 21, 1995
SUBJECT: Management and Implementation Agreements for Two Twentieth
Year Community Development Block Grant (CDBG) Projects
BACKGROUND
On March 22, 1994, the City Council held a public hearing to solicit input on
the use of the City's Twentieth Year {Fiscal 1994-1995) CDBG Program funds.
At that time the Council approved the allocation of Poway's Twentieth Year
funding to the following projects:
1. Removal of Architectural Barriers (Phase III ADA) $23,400
2. Installation of Pedestrian Ramps {Phase III ADA} $40,000
3. Affordable Housing Assistance and Referral Program $10,000
4. Housing Rehabilitation Program $110,070
5. Repayment of Advance for Lake Poway Playground $35,000
In accordance with the cooperative agreement between the City and the County
of San Diego, CDBG funding may not be used until a Management and
Implementation Agreement is executed for each project.
The County has prepared Management and Implementation Agreements for the
Removal of Architectural Barriers and Pedestrian Ramp Projects {see
Attachments A and B). The Affordable Housing Assistance and Referral Program
will be handled with an amendment to the previously approved Management and
ACTION:
2 of 2z, FEB 2 1 1995 ITEM 10
Agenda Report
- February 21, 1995
Page 2
Implementation Agreement. County staff has advised that the Management and
Implementation Agreement for the Housing Rehabilitation Program will be
completed by February 23 and it will be scheduled for approval at a subsequent
Council meeting. The Lake Poway Playground Improvement project was
incorporated in a previous Management and Implementation Agreement, recorded
for the Nineteenth Year CDBG projects, and a new agreement is not required.
FINDINGS
Provided in Attachments A and B are the proposed Management and Implementation
Agreements for the Removal of Architectural Barriers and Pedestrian Ramp
Projects. These projects comprise Phase III of the City's Americans with
Disabilities Act {ADA} transition plan. The transition plan, originally
adopted in January 1993, is a three year program which was designed to bring
the City into compliance with the requirements of the Americans with
Disabilities Act of 1990. The attached Agreements specify the scope of work,
estimated time schedule and estimated budget for each project. Also included
in each Agreement are a number of standard conditions and procedures dictated
by the Department of Housing and Urban Development {HUD) and the County of San
Diego.
In accordance with the cooperative agreement between the City and the County,
the City must advance the funds for CDBG projects and then request
reimbursement as costs are incurred. Because Redevelopment Agency funds will
be used for this advance funding, benefit resolutions are required, and they
have been included in this report as Attachments C and D.
ENVIRONMENTAL REVIEW
An environmental review has been completed for the Twentieth Year CDBG
projects and they were determined to be exempt under both CEQA and NEPA
environmental review guidelines. Environmental review is not required for
this specific agenda item under California Environmental Quality Act
Guidelines.
FISCAL IMPACT
As specified in Sections 3 and 4 of the attached Agreements, the County of San
Diego will reimburse the City a total of $63,400 in order to implement the two
projects. As reimbursements will be made on a monthly basis, after the City
provides the County with verification of all actual expenditures incurred, it
is recommended that $63,400 be appropriated from the Redevelopment Agency
Unappropriated Fund Balance in order to cover project costs prior to receiving
CDSG funding reimbursements from the County.
3 of 24 FEB 211995 ~;~ 10
Agenda Report
February 21, 1995
Page 3
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the following actions be taken:
City Council
1. Approve the two attached Agreements for Management and Implementation of
Community Development Block Grant Projects.
2. Approve the resolution provided in Attachment C finding benefit to the
Paguay Redevelopment Project Area through the completion of the City facility
accessibility modifications.
Redevelopment Aqency
1. Approve the resolution provided in Attachment D, determining that the
completion of the City Facility accessibility modifications are of benefit to
the Paguay Redevelopment Project Area.
2. Appropriate $63,400 from the Redevelopment Agency Unappropriated Fund
Balance to cover project costs prior the Agency receiving Community
Development Block Grant funding reimbursements from the County.
Attachments:
A. Agreement for Management and Implementation of the 20th Year CDBG
Removal of Architectural Barriers Project
B. Agreement for Management and Implementation of the 20th Year CDBG
Pedestrian Ramp Project
C. City Council Benefit Resolution
D. Redevelopment Agency Benefit Resolution
FEB g 1 1995 ITEM 10
4 of 24
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF
A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
This Agreement entered into by and between the CITY OF POWAY
(hereinafter referred to as "CITY"), and the COUNTY OF SAN DIEGO
(hereinafter referred to as "COUNTY"), on , 1995.
W I TNE S SETH:
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 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 October 9, 1990, City and County entered into a
cooperative agreement for submission of a proposal to the
Department of Housing and Urban Development (hereinafter referred
to as "HUD"); and
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 Community Development Block Grant Application
which was submitted to the 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 a Community Development Block Grant is made to the
County on account of such proposal the parties heretofore will
enter into a ~upplementary agreement providing for implementation
of the City proposal by the County, the City or by cooperative
action of the two agencies; 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
CCSF No. 70.01
FEB 2 1 1995 ITEM
5 of 24 A~tachment A
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 the Department of Housing and Urban Development
(hereinafter referred to as "HUD") for funds~ to carry out the
Project and the certifications which were submitted concurrently
with the application. The Application and Certifications form is
hereby incorporated by reference into this agreement fully as if
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 agrees 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 Cor~munity 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-$7 entitled "Cost Principles Applicable to
Grants and Contracts with State and Local Governments";
OMB Circular A-128 entitled "Audits of State and Local
Governments", and with 24 CFR Part 85 entitled "Uniform
Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments:. Reference is
particularly made to the following Sections of 24 CFR
Part 85:
2
FEB211995 ITEM lO
6 of 24
(1) Section 85.20, "Standards for Financial Management
Systems", except paragraph (a).
(2) Section 85.36, "Procurement", except paragraph (a);
(g) Section 570.504 "Program Income" of the Regulations of
the Department of Housing and Urban Development relating
to the Community Development Block Grant (CDBG) Program.
Any Program Income earned by City in carrying out the
activities of this Agreement shall be returned to the
County.
Upon expiration of this agreement, City agrees to
transfer to the County any CDBG funds on hand at the time
of expiration and any accounts receivable attributable to
the use of CDBG funds. Any real property under City's
control acquired or improved in whole or in part with
CDBG funds in excess of $25,000 will either be:
(i) Used to meet one of the national objectives
outlined by HUD until five years after
expiration of the agreement; or
(ii) Disposed of in a manner that results in the
County being reimbursed in the amount of the
current fair market value of the property less
-- any portion of the value attributable to
expenditures of non-CDBG funds for acquisition
of, or improvement to, the property.
Reimbursement is not required after the five
year period specified in paragraph (g) (i) of
this section.
Provisions under paragraphs (i) and (ii) of this Section
shall survive five (5) years from the date of termination
of this Agreement.
Program income on hand at the time of closeout and
subsequently received shall continue to be subject to all
applicable CDBG Program eligibility requirements,
provisions of Section 570.504, and provisions of this
Agreement;
(h) Section 570.505 "Use of Real Property" of the Regulations
of the Department of Housing and Urban Development
relating to the Community Development Block Grant
Program;
(i) 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;
3
FEB g11995 IYEM 10
7 of 24
(j) The Labor Standards Regulations set forth in Section
570.705 of 24 CFR, Part 570;
(k) The Architectural Barriers Act of 1968 (42 U.S.C. Section
4151);
(1) The Rehabilitation Act of 1973 (Public Law 93-112) as
amended; including Section 504 which relates to
nondiscrimination in Federal programs and Housing and
Urban Development Regulations set forth in 24 CFR Part 8;
(m) The Hatch Act relating to the conduct of political
activities (Chapter 15 of Title 5, U.S.C.);
(n) The'Flood Disaster Protection Act of 1974 (Public Law
93-234 and the regulations adopted pursuant thereto) 24
CFR, Chapter X Subpart B;
(o) 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);
(p) The Drug-Free Workplace Act of 1988 (Public Law 100-690);
(q) The City will adopt a policy consistent with Board of
Supervisors' Policy B-39, "Minority and Women Business
Enterprise Program", in order to insure that every effort
is made to provide equal opportunity to every potential
minority and women business vendor, contractor and
subcontractor;
(r) No member, officer or employee of the City, or its
designee or agents, no member of the governing body of
the locality in which the program is situated, and no
other public official of such locality or localities who
exercises any functions or responsibilities with respect
to the program during his/her tenure or for one year
thereafter, shall have any interest, direct, or indirect,
in any contract or subcontract, or the process thereof,
for work to be performed in connection with the program
assisted under the Grant, and that it shall incorporate,
or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest
pursuant to the purposes of this certification;
(s) In accordance with Section 519 of Public Law 101-144, the
City certifies that it has adopted and is enforcing a
policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any
individuals engaged in nonviolent civil rights
demonstrations;
4
~Ei3 2 1 1995 ITEM 10 ,
8 of 24
(t) The City certifies, that in accordance with Section 319
_ of Public Law 101-121, to the best of its knowledge and
belief that:
(1) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the undersigned,
to any person for influencing, or attempting to
influence an officer or employee of any agency, a
Member of Congress, an officer or employee of
Congress, in connection with the awarding of any
Federal contract, the making of Federal grant, the
making of any Federal loan, the entering into of
any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of
a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its
- instructions.
2. COMPLIANCE WITH LAWS: City agrees to comply with all
applicable state laws and regulations or local ordinances or
regulations in the implementation of the project.
3. COMPENSATION: County agrees to pay City total
compensation for implementing the Project described herein project
costs not to exceed the sum of $23,400.
4. COMPENSATION SCHEDULE: County agrees to pay City monthly
progress payments upon certification and submittal by City of a
statement of actual expenditures incurred, provided, however, that
not more than 90 percent 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 HUD disallows reimbursement for the
project or any portion thereof.
5. EXPENDITURE STANDARD: In order to insure effective
administration and performance of approved Community Development
Block Grant Projects and to meet HUD performance standards, City
agrees that it shall not have more than 1.5 times its current
annual allocation in total unexpended funds available nine months
from the start of a program year. In the event that City's
unexpended balance is greater than 1.5 times the current
allocation, County shall notify City of the expenditure deficiency.
5
FEB 211995 ITEM 10
9 of 24
City will have a total of 60 calendar days, from the date of the
County's written notification, to correct the deficiency. If the
deficiency is not corrected within that time, City agrees that the
County may either reduce the City's next annual entitlement amount
or reallocate the amount of the expenditure deficiency to attain
the required expenditure standard.
6. TERM: This agreement shall commence when executed 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 shall be effective unless HUD has agreed
to release County from its obligations pursuant to the Projects.
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
Projects, which is the subject of the agreement.
7. 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 Projects. 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 state or
local laws or regulations in the implementation of the project, 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 five days before the effective date of such termination.
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.
8. CONTRACT ADMINISTRATION: The Director, Department of
Housing and Community Development 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.
9. RECORDS AND REPORTS: The City shall maintain records and
make such reports as required by the Director, Department of
Housing and Community Development to enable the County to analyze
utilization of the City's program. All records of the City
respecting the Projects shall be open and available for inspection
6
FEB 21 1995 13'E 10
10 of 24
by auditors assigned by HUD and/or the County during the normal
business hours of the City.
10. INDEMNIFICATION: The City agrees to fully indemnify,
defend and save harmless the County against any and all loss,
damage, liability, claim, demand, suit or cause of action resulting
from injury or harm to any person or property arising out of or in
any way connected with the performance of work under this contract,
excepting only such injury or harm as may be caused solely and
exclusively by the fault or negligence of the County.
11. 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 Clerk of the Board of
City of Poway Supervisors
13325 civic Center Drive County Administration Center
Poway, California 92064 1600 Pacific Highway
San Diego, CA 92101
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and the year first above written.
CITY OF POWAY COUNTY OF SAN DIEGO
By. By.
'7 F'EB 2 1 1995 ITEM 10
Attachment "A"
SCOPE OF WORK
The City of Poway has a certain project to be implemented under the
Twentieth-Year Community Development ..Block Grant (CDBG) Program.
The work to be accomplished consists of the following:
1. The program will provide for the removal of architectural
barriers in various public facilities within the City of
Poway, in compliance with Americans with Disabilities Act
requirements.
2. Estimated Time Schedule: The City of Poway will make all good
faith and reasonable efforts to implement the project in
compliance with the following estimated implementation
schedule:
Program completion February 1, 1996
Estimated Budget: The City of Poway will make all good faith and
reasonable efforts to implement the project in accordance with the
following budget:
Equipment and Construction $23,400
TOTAL $23,400
FEB 11995 ITEM 10
].2 of 24
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF
- A COM/~JNITY DEVELOPMENT BLOCK GRANT PROJECT
This Agreement entered into by and between the CITY OF POWAY
(hereinafter referred to as "CITY"), and the COUNTY OF SAN DIEGO
(hereinafter referred to as "COUNTY"), on , 1995.
WI TN 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 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 October 9, 1990, City and County entered into a
cooperative agreement for submission of a proposal to the
Department of Housing and Urban Development hereinafter referred
to as "HUD"); and
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 Community Development Block Grant Application
which was submitted to the 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 a 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
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
CCSF NO. 70.O1 FEB 211995 ITEM 10
13 of 24 Attachment B
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 the Department of Housing and Urban Development
(hereinafter referred to as "HUD") for funds to carry out the
Project and the certifications which were submitted concurrently
with the application. The Application and Certifications form is
hereby incorporated by reference into this agreement fully as if
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 agrees 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";
OMB Circular A-128 entitled "Audits of State and Local
Governments", and with 24 CFR Part 85 entitled "Uniform
Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments:. Reference is
particularly made to the following Sections of 24 CFR
Part 85:
~E~ 2 ! ~995 ITEM 10
2
14 of 24
- (1) Section 85.20, "Standards for Financial Management
Systems", except paragraph (a).
(2) Section 85.36, "Procurement", except paragraph (a);
(g) Section 570.504 "Program Income" of the Regulations of
the Department of Housing and Urban Development relating
to the Community Development Block Grant (CDBG) Program.
Any Program Income earned by city in carrying out the
activities of this Agreement shall be returned to the
County.
Upon expiration of this agreement, City agrees to
transfer to the County any CDBG funds on hand at the time
of expiration and any accounts receivable attributable to
the use of CDBG funds. Any real property under City's
control acquired or improved in whole or in part with
CDBG funds in excess of $25,000 will either be:
(i) Used to meet one of the national objectives
outlined by HUD until five years after
expiration of the agreement; or
(ii) Disposed of in a manner that results in the
County being reimbursed in the amount of the
current fair market value of the property less
any portion of the value attributable to
expenditures of non-CDBG funds for acquisition
of, or improvement to, the property.
Reimbursement is not required after the five
year period specified in paragraph (g) (i) of
this section.
Provisions under paragraphs (i) and (ii) of this Section
shall survive five (5) years from the date of termination
of this Agreement.
Program income on hand at the time of closeout and
subsequently received shall continue to be subject to all
applicable CDBG Program eligibility requirements,
provisions of Section 570.504, and provisions of this
Agreement;
(h) Section 570.505 "Use of Real Property" of the Regulations
of the Department of Housing and Urban Development
relating to the Community Development Block Grant
Program;
(i) 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;
3 FEB g11995 ITEM 10
(j) The Labor Standards Regulations set forth in Section
570.705 of 24 CFR, Part 570;
(k) The Architectural Barriers Act of 1968 (42 U.S.C. Section
4151);
(1) The Rehabilitation Act of 1973 (Public Law 93-112) as
amended; including Section 504 which relates to
nondiscrimination in Federal programs and Housing and
Urban Development Regulations set forth in 24 CFR Part 8;
(m) The Hatch Act relating to the conduct of political
activities (Chapter 15 of Title 5, U.S.C.);
(n) The Flood Disaster Protection Act of 1974 (Public Law
93-234 and the regulations adopted pursuant thereto 24
CFR, Chapter X Subpart B;
(o) 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);
(p) The Drug-Free Workplace Act of 1988 (Public Law 100-690);
(q) The City will adopt a policy consistent with Board of
Supervisors' Policy B-39, "Minority and Women Business
Enterprise Program", in order to insure that every effort
is made to provide equal opportunity to every potential
minority and women business vendor, contractor and
subcontractor;
(r) No member, officer or employee of the city, or its
designee or agents, no member of the governing body of
the locality in which the program is situated, and no
other public official of such locality or localities who
exercises any functions or responsibilities with respect
to the program during his/her tenure or for one year
thereafter, shall have any interest, direct, or indirect,
in any contract or subcontract, or the process thereof,
for work to be performed in connection with the program
assisted under the Grant, and that it shall incorporate,
or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest
pursuant to the purposes of this certification;
(s) In accordance with Section 519 of Public Law 101-144, the
city certifies that it has adopted and is enforcing a
policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any
individuals engaged in nonviolent civil rights
demonstrations;
FEB211995 ITEM 10
4
16 of 24
(t) The City certifies, that in accordance with Section 319
of Public Law 101-121, to the best of its knowledge and
belief that:
(1) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to
influence an officer or employee of any agency, a
Member of Congress, an officer or employee of
Congress, in connection with the awarding of any
Federal contract, the making of Federal grant, the
making of any Federal 10an, the entering into of
any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of
a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its
instructions.
2. COMPLIANCE WITH LAWS: City agrees to comply with all
applicable state laws and regulations or local ordinances or
regulations in the implementation of the project.
3. COMPENSATION: County agrees to pay City total
compensation for implementing the Project described herein project
costs not to exceed the sum of $40,000.
4. COMPENSATION SCHEDULE: County agrees to pay City monthly
progress payments upon certification and submittal by City of a
statement of actual expenditures incurred, provided, however, that
not more than 90 percent of the total agreed compensation will be
paid during th~ 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 HUD disallows reimbursement for the
project or any portion thereof.
5. EXPENDITURE STANDARD: In order to insure effective
administration and performance of approved Community Development
Block Grant Projects and to meet HUD performance standards, City
agrees that it shall not have more than 1.5 times its current
annual allocation in total unexpended funds available nine months
- from the start of a program year. In the event that City's
unexpended balance is greater than 1.5 times the current
allocation, County shall notify City of the expenditure deficiency.
5
FEB g I 1995 ITEM 10
i7 of 24
City will have a total of 60 calendar days, from the date of the
County's written notification, to correct the deficiency. If the
deficiency is not corrected within that time, City agrees that the
County may either reduce the City's next annual entitlement amount
or reallocate the amount of the expenditure deficiency to attain
the required expenditure standard.
6. TERM: This agreement shall commence when executed 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 shall be effective unless HUD has agreed
to release County from its obligations pursuant to the Projects.
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
Projects, which is the subject of the agreement.
7. TERMINATION OF AGREEMENT FOR CAUSE: City and County
recognize that the County is the govern/mental 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 Projects. 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 state or
local laws or regulations in the implementation of the project, 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 five days before the effective date of such termination.
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.
8. CONTRACT ADMINISTRATION: The Director, Department of
Housing and Community Development 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.
9. RECORDS AND REPORTS: The City shall maintain records and
make such reports as required by the Director, Department of
Housing and Community Development to enable the County to analyze
utilization of the City's program. All records of the City
respecting the Projects shall be open and available for inspection
6
FEB g11995 IYEM 10
18 of 24
by auditors assigned by HUD and/or the County during the normal
- business hours of the City.
10. INDEMNIFICATION: The City agrees to fully indemnify,
defend and save harmless the County against any and all loss,
damage, liability, claim, demand, suit or cause of action resulting
from injury or harm to any person or property arising out of or in
any way connected with the performance of work under this contract,
excepting only such injury or harm as may be caused solely and
exclusively by the fault or negligence of the County.
11. 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 Clerk of the Board of
city of Poway Supervisors
13325 civic Center Drive County Administration Center
Poway, California 92064 1600 Pacific Highway
San Diego, CA 92101
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and the year first above written.
CITY OF POWAY COUNTY OF SAN DIEGO
By. By.
7 FEB 2 1 1995 ITEM 10
19 of 24
Attachment "A"
SCOPE OF WORK
The City of Poway has a certain project to be implemented under the
Twentieth-Year Community Development Block Grant (CDBG) Program.
The work to be accomplished consists of the following:
1. The program will provide curb cuts and ramps for persons with
disabilities at a variety of intersections throughout the City
of Poway.
2. Estimated Time Schedule: The City of Poway will make all good
faith and reasonable efforts to implement the project in
compliance with the following estimated implementation
schedule:
Program completion February 1, 1996
Estimated Budget: The City of Poway will make all good faith and
reasonable efforts to implement the project in accordance with the
following budget:
Engineering/Design $5,100
Construction 34,900
TOTAL $40,000
FEB g 1 1995 ITEM 10 ,
20 of 24
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF BENEFIT
TO THE PAGUAY REDEVELOPMENT PROJECT
WHEREAS, the Poway Redevelopment Agency (the "Agency") is
authorized to carry out the redevelopment of the Paguay
Redevelopment Project Area; and
WHEREAS, the Agency will undertake the construction of
renovations and modifications to existing City facilities and
streets in order to remove architectural barriers for persons with
disabilities in accordance with the provisions of the Americans
With Disabilities Act of 1990; and
WHEREAS, the proposed improvements will include: installation
of access ramps on public streets, widening of gates and
installation of accessible hardware for existing tennis courts and
installation of accessible playground equipment and resilient
matting; and
WHEREAS, the installation of the aforesaid improvements is
necessary for the execution of the Paguay Redevelopment Project
under the provisions of California Redevelopment Law (Health and
Safety Code, Section 33000 et seq.), and pursuant to the
Redevelopment Plan for the project, which Redevelopment Plan was
adopted on December 13, 1983 and Amended on June 8, 1993 by
Resolution No. 93-13 of the City Council; and
WHEREAS, Section 33445 of the California Health and Safety
Code requires the City Council to determine the issue of benefit to
the Paguay Redevelopment Project prior to construction of public
improvements and to determine that no other reasonable means of
financing is available for the improvements; and
WHEREAS, the improvements will benefit individuals with
disabilities and meet access requirements set forth in the American
with Disabilities Act of 1990.
NOW, THEREFORE, the City Council of the City of Poway does
resolve as follows:
Section ~: The City Council hereby determines that the
improvements consisting of accessibility modifications to existing
City facilities described above are of benefit to the Paguay
Redevelopment Area.
Section 2: The City Council further determines that no other
reasonable means of financing the improvements are available to the
community.
FEB Z z 1995 ITEM 10
21 of 24
Attachment C
Resolution No. 95-
Page 2
Section 3: The City Clerk shall certify to the adoption of
this resolution.
PASSED, ADOPTED AND APPROVED, by the City Council of Poway,
California, at a regular meeting thereof this 21st day of
February, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify the foregoing Resolution No. 95- was duly
adopted by the City Council at a meeting of said Council on the
21st day of February, 1995 and that it was so adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
FEB 21 1995 ITEM 10
22 of 24
RESOLUTION NO. R-95-
A RESOLUTION OF THE POWAY REDEVELOPMENT AGENCY
DETERMINING CERTAIN PUBLIC IMPROVEMENTS
TO BE OF BENEFIT TO
THE PAGUAY REDEVELOPMENT PROJECT
WHEREAS, the Poway Redevelopment Agency (the "Agency") is
authorized to carry out the redevelopment of the Paguay
Redevelopment Project Area; and
WHEREAS, the Agency will undertake the construction of
renovations and modifications to existing City facilities and
streets in order to remove architectural barriers for persons with
disabilities in accordance with the provisions of the Americans
With Disabilities Act of 1990; and
WHEREAS, the proposed improvements will include: installation
of access ramps on public streets; widening of gates and
installation of accessible hardware for existing tennis courts and
installation of accessible playground equipment and resilient
matting; and
WHEREAS, the installation of the aforesaid improvements is
necessary for the execution of the Paguay Redevelopment Project
under the provisions of California Redevelopment Law (Health and
Safety Code, Section 33000 et seq.), and pursuant to the
- Redevelopment Plan for the project, which Redevelopment Plan was
adopted on December 13, 1983 and Amended on June 8, 1993 by
Resolution No. 93-13 of the City Council; and
WHEREAS, Section 33445 of the California Health and Safety
Code requires the City Council to determine the issue of benefit to
the Paguay Redevelopment Project prior to construction of public
improvements and to determine that no other reasonable means of
financing is available for the improvements; and
WHEREAS, the improvements will benefit individuals with
disabilities and meet access requirements set forth in the American
with Disabilities Act of 1990.
NOW, THEREFORE, the Poway Redevelopment Agency does hereby
resolve as follows:
Section 1: The Poway Redevelopment Agency hereby determines
that the improvements consisting of accessibility modifications to
existing City facilities described above are of benefit to the
Paguay Redevelopment Area.
Section 2: The Poway Redevelopment Agency further determines
that no other reasonable means of financing the improvements are
available to the community.
:EB 2 1 1995 ITEM 10 ,,
23 of 24 A~tactunenC D
Resolution No. 95-
Page 2
Section 3: The Secretary shall certify to the adoption of
this resolution.
PASSED, ADOPTED AND APPROVED, by the Poway Redevelopment
Agency, at a regular meeting thereof this 21st day of
February, 1995.
Don Higginson, Chairman
ATTEST:
Marjorie K. Wahlsten, Secretary
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, Secretary to the Poway Redevelopment
Agency, do hereby certify the foregoing Resolution No. R-95-
was duly adopted by the Poway Redevelopment Agency at a meeting of
said Agency on the 21st day of February, 1995 and that it was so
adopted by the following vote:
AYES:
NOES~
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, Secretary
Poway Redevelopment Agency
FEB 211995 I'fEM lO
24 of 24