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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