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HomeMy WebLinkAboutCC RESO 16,282RESOLUTION NO. 16,282 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE IMPROVEMENT OF LEONARD STREET FROM GRANGER TO VAN NESS AVENUES BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to execute an Agreement with the County of San Diego for the improvement of Leonard Street from Granger to Van Ness Avenues. A copy of said Agreement is attached hereto as Exhibit "A". PASSED and ADOPTED this 26th day of June, 1990. 2i 1 lr , l.e.r .. GEORGE H WATERS, MAYOR ATTEST: LORI ANNE PEOPLES, C APPROVED AS TO FORM: TY CLERK GEORGE H. EISER, III CITY ATTORNEY RESOLUTION N0. 16,282 AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT This Agreement entered into by and between the CITY OF NATIONAL CITY (hereinafter referred to as "CITY"), and the COUNTY OF SAN DIEGO (hereinafter referred to as "COUNTY"), on WITNESSET 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 to undertake or to assist in the undertaking of essential community development and housing assistance activities; and WHEREAS, County incorporated the 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, HUD has approved the County Application for Community Development Block Grant funds; and WHEREAS, it is the desire of the City and the County that the Project be implemented by the City; and WHEREAS, the City shall undertake the same obligations to the County with respect to the Project in the County's aforesaid application for participation in the Community Development Block Grant program; NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: City agrees to implement the Project described in Attachment "A" hereof (entitled "Scope of Work") fully in accordance with the terms of the application made by the County to the Department of Housing and Urban Development CCSF No. 70.01 COUNTY CONTRACT WUMBER, .4 9 V .7 k (f) (hereinafter referred to as "HUD") for funds to carry out the Project and the assurances (HUD Form No. 7066) which were submitted concurrently with the application. The Application and assurances 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 loss 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: The Housing and Community Development Act of 1974 (Public Law 93-383) as amended; Regulations of the Department of Housing and Urban Development relating to Community Developmrent• 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; OMB Circular A-87 entitled "Cost Principles Applicable to Grants and Grants and Contracts with State and Local Governments" and OMB Circular A-102 entitled "Uniform Administrative Requirements for Grants in Aid to State and Local Governments." Reference is particularly made to the following appendices: (1) Appendix G of 0M8 Circular A-102 relating to financial management systems which meet Federal standards for fund control and accountability; (2) Appendix N of OMB Circular A-102 pertaining to property management; (3) Appendix 0 of OMB Circular A-102 relating to procurement standards; (4) Appendix B of OMB Circular A-102 relating to bonding and insurance; (g) The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; (h) The Labor Standards Regulations set forth in Section 570.705 of 24 CFR, Part 570; (i) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151); (j) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); (k) The Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart B; (1) The Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 15); (m) The Drug -Free Workplace Act of 1988 (Public Law 100-690) (n) The City will adopt a policy applicable to the project 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; (o) 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. 2. COMPENSATION: County agrees to pay City total compensation for implementing the Project described herein project costs not to exceed the sum of $92,000. 3. 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% 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. 4. 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. 5. TERMINATION OF AGREEMENT FOR CAUSE: City and County recognize that the County is the governmental entity which executed the grant agreement received pursuant to its application and that it has thereby become legally liable and responsible thereunder for the proper performance of the 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 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. 6. 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. 7. 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 by auditors assigned by HUD and/or the County during the normal business hours of the City. 8. 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. 9. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice or may be served by certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: CITY: City Manager City of National City 1243 National City Blvd. National City, CA 92050 COUNTY: Clerk of the Board of Supervisors County Administration Center 1600 Pacific Highway San Diego, CA 92101 IN WITNESS WHEREOF, the parties have executed this agreement of day and the year first above written. CITY OF NATIONAL CITY Bya4.r,-(.c - APPROVED AS TO FARM George H. Eiser, 111 City Attorney COUNTY OF SAN DIEGO Approved and/or authorized by the Board of Supervisors of the County of San Diego JUL 2 41990 i4 9 Clerk of the Beard of Supervisors ATTACHMENT "A" SCOPE OF WORK The City of National City has agreed to administer a project included within the Fifteenth -Year Community Development Block Grant Program for partial funding by the County. The work to be accomplished consists of the following: 1. The reconstruction and widening of Leonard Street from Granger Avenue to Van Ness Avenue in Lincoln Acres within National City. The work will include clearing and grubbing; necessary earthwork; installation of approximately 1,900 lineal feet of concrete curbs and gutters and approximately 7,070 sq. ft. of concrete sidewalks on both sides of the street; construction of four pedestrian ramps; installation of 25 lineal feet of chain link fence; installation of 1,330 sq. ft. of masonry retaining wall; installation of traffic signs and pavement markings; surveying; and paving of 3" asphalt concrete over an 8" aggregate base. The construction work will be in accordance with the San Diego Area Regional Standard Drawings (September 1988), the Standard Specification (CalTrans) (January 1988 Edition) and the Standard Plans (CalTrans) (January 1988).