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HomeMy WebLinkAboutCC RESO 10,264RESOLUTION NO. •10,264 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE NATIONAL CITY REDEVELOPMENT AGENCY FOR SERVICES AND SUPPLIES BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized and directed to execute an agreement with the National City Re- development Agency for services and supplies. PASSED AND ADOPTED this 26th day of January, 1971. ATTEST: CONTRACT FOR SERVICES AND SUPPLIES PART I - AGREEMENT THIS AGREEMENT, entered into as of this day of 197 , by and between the Redevelopment Agency of the City of National City, State of California, hereinafter referred to as the "Agency", and the City of National City, a municipal corporation organized and existing under the laws of the State of California, hereinafter referred to as the "City". WITNESSETH THAT: WHEREAS, the Agency has, under date of September 24, 1970, entered into a Loan and Capital Grant Contract with the United States of America providing for financial aid to the Agency under Title I of the Housing Act of 1949, as amended; and WHEREAS, pursuant to such Contract the Agency is undertaking certain activities necessary for the execution and redevelopment of the E. J. Christman Business &.Industrial Park I; and WHEREAS, the Agency desires to engage the City to render certain assistance in connection with such undertakings of the Agency. follows: NOW, THEREFORE, the parties hereto do mutually agree as 1. Scope of Services. A. Office Space. The City shall provide the Agency with permanent office space plus custodial, utility and telephone switchboard services. B. Administrative Services and Supplies. The City shall provide office supplies and material, xeroxing facilities, and routine administrative services and supplies. C. Property Management. The City shall provide services and supplies in connection with the operation and maintenance of property owned by the Agency. These services may include: (1) Provision of necessary maintenance and/or repair of buildings and improvements owned by the Agency. (2) Board and secure vacated structures and property. (3) Post appropriate signs on secured properties. (4) Immediately correct any conditions or attractive nuisances observed by the City to be hazardous on Agency owned property w-thout prior Agency authoriza- tion. CONTRACT FOR SERVICES AND SUPPLIES PAGE TWO PART I - AGREEMENT (5) Provide materials and equipment necessary to accomplish the objectives of this Contract. (6) Construct and erect appropriate project signs. D. Automotive Services and Supplies. The City shall provide automobile services and supplies, including gasoline, oil, tires, etc. E. General. Perform other services as are deemed necessary by the Agency consistent with the purpose and intent of this Contract. 2. Time of Performance. The effective date of this Agreement is October 1, 1970 and shall extend through the entire life of the E. J. Christman Business & Industrial Park I redevelopment project. 3. Compensation and Method of Payment. The Agency will pay the City upon receipt of monthly statements for the actual out-of-pocket expense of the City incurred in providing the services and materials requested by the Agency pursuant to this Agreement. No compensation will be paid to or the City reimbursed for administrative overhead expenses incurred in connection with this Agreement. Provided, however, that the Agency will reimburse the City at the monthly rate of $250.00 for item 1. A. of this Contract. 4. Terms and Conditions. This Agreement is subject to and incorporates the provisions attached hereto as Part II - Terms and Conditions (Form HUD 621B, dated 2-69). TN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL CITY CITY OF NATIONAL CITY Chairman ATTEST: Secretary U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-621B (2.69) RENEWAL ASSISTANCE ADMINISTRATION CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES Part II — Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor, and the Local Public Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the Contractor is determined. 2. Termination for Convenience of Local Public Agency. The Local Public Agency may terminate this Contract any time by a notice in writing from the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The Local Public Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. HUD-621 B (2-69) 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Local Public Agency. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors there- under except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor there- under, the Local Public Agency shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference. between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Agency for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the Local Public Agency for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. .During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard. to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and -3- HUD-62i8 (2.69) selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. Noneof the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Local Public Agency: Provided, however, that claims for money due or to become due the Contractor from the Local Public Agency under this Contract may be assigned to a bank, trust company, or other financial institution, or to cs. Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Public Agency. 13. Interest of Members of Local Public Agency. No member of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. HUD-6218 — 4 - (2-69) 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above -described Project Area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the Local Public Agency. 221527-P (Rev. 2-69) HUD -Wash., D. C.