HomeMy WebLinkAboutProposed subgrant agreementEPA SUBGRANT AGREEMENT
(Westside infiii Transit -Oriented Development Project o Phase 2)
This EPA Subgrant Agreement (Westside Infill Transit -Oriented Development Project —
Phase 2), dated for purposes of identification only as of ,. une 17, 2014 (the "Date of
Agreement"), is made and entered into by and between the City of National City, a public
body, corporate and politic, (the "CITY") and the Community Development Commission -
Housing Authority' .,rig„ of theCity' of National Rrai 'sRY, a public body, lJ'U!cLe and politic, (the
"SUBGRANTEE")
RECITALS
A. The CITY is the recipient of certain funds from the United States Environmental
Protection Agency (the "EPA") which have been used to establish and administer
a revolving loan fund (the "Revolving Loan Fund") from which the CITY is
authorized to make subgrants to entities willing to undertake remediation and
mitigation of hazardous substances on brownfields.
B. The SUBGRANTEE is the owner of that certain real property generally located
at 2100 Hoover Avenue in the City of National City, California (the "Property");
the Property is depicted on the "Map" and described in the "Legal Description"
which are attached hereto as Exhibit "A" and Exhibit "B", respectively, and
incorporated herein by this reference.
C. Certain hazardous substances have been identified in the soil of the Property,
having been deposited or released thereon or therein prior to the date on which
the SUBGRANTEE acquired the Property, and the SUBGRANTEE has not
caused, contributed to, permitted or exacerbated the release of hazardous
substances on, in or from the Property, has not been subject to any penalties
resulting from environmental non-compliance related to the Property, and is not
a generator or transporter of hazardous contamination at or to the Property.
D. A Property Mitigation Plan (the "PMP"), pending final approval from the California
Department of Toxic Substances Control, prepared in accordance with the
Development Agreement, sets forth the necessary actions to remediate and
mitigate hazardous substances identified in the soii of the Property.
E. The CITY has determined that, due to the potential residual contaminants
located in the soil at the Property, a hazardous condition requires the mitigation
set forth in the "PMP" which is incorporated herein by this reference (the
"Mitigation Project") in order for Property to be redeveoped as the Apartments.
F. SUBGRANTEE, while willing to undertake the Mitigation Project, has requested
that the CITY provide a subgrant of the Revolving Loan Funds (hereinafter
defined as the "Subgrant") in order to do so.
G. The SUBGRANTEE is a public body, corporate and politic and the Property
is not listed, nor proposed to be listed, on the EPA's National Priorities List;
therefore, the SUBGRANTEE is eligible to receive the Subgrant.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND
SUBGRANTFF AGREE AS FOLLOWS:
1. The City Manager of the CITY is authorized to act on behalf of the CITY in order
to implement or to satisfy the requirements of the EPA Cooperative Agreement.
2. The CITY has designated a qualified environmental project manager who shall
review and approve the Mitigation Project and coordinate the work to be
performed using the Revolving Loan Funds. The CITY's environmental project
manager will review the SUBGRANTEE's mitigation planning, design, and
engineering documents (the "Project Documents") and review the activities as
they are ongoing to ensure that the Mitigation Project is being completed in
accordance with all Federal, State, and local requirements and is protective of
human health and the environment.
3. The CITY shall ensure that all public participation requirements are met. This
includes public notifications, opportunities for public involvement, responses to
comments and establishing a local information repository.
4. The CITY agrees to grant to SUBGRANTEE up to Two Hundred Thousand
Dollars ($200,000.00) of Revolving Loan Funds to be used to implement the
Mitigation Project. All proceeds of the Subgrant shall be held by the CITY and
disbursed upon receipt of written invoices and documentation to the reasonable
satisfaction of the CITY.
5 The term of the subgrant shall be a period of one (1) year from the date of
the City's execution of this Agreement.
6. The SUBGRANTEE has prepared a cost estimate for the Mitigation Project
(the "Project Budget"), attached hereto as Exhibit "Cn, which has been approved
by the CITY.
The Subgrant shall be payable to the SUBGRANTEE as a reimbursement
for allowable expenses incurred based upon the progress of the work and in
accordance with the approved Project Budget.
8. The SUBGRANTEE will carry out the Mitigation Project in accordance with
the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) 104(k); Uniform Administrative Requirements for Grants and
Cooperative Agreements to States and Local Governments (40 CFR Part 31);
and all other applicable provisions of Federal, State or local law.
9. The SUBGRANTEE represents that none of the contractors or subcontractors
undertaking the Mitigation Project is currently suspended, debarred, or otherwise
declared ineligible for participation in this Federal program or from the receipt of
proceeds of the subject funds.
in_ The SUBGRANTEE shall carry out the Mitigation Project in accordance with
the Davis -Bacon Act of 1931, which requires payment of Federal prevailini{ wage
rates for federally funded construction, repair or alteration work.
11. The SUBGRANTEE shall comply with Executive Order 11246, Equal
Employment Opportunity, and implementing regulations at 41 CFR 60-4 relating
to federally assisted construction contracts.
12. The SUBGRANTEE shall grant the CITY the right to enter the Property to
oversee Mitigation Project implementation at any time. Whenever possible, CITY
shall provide advance notice to SUBGRANTEE prior to entering the Property.
13. The SUBGRANTEE shall provide mitigation design and engineering
documents to the CITY's designated environmental project manager for review
and approval.
14. The SUBGRANTEE understands and agrees that all Subgrant funds provided
by CITY shall only be used to mitigate hazardous conditions within the Property.
15. The SUBGRANTEE further understands and agrees that the receipt of any
Subgrant funds and all work performed on the Property using Subgrant funds are
conditioned upon the SUBGRANTEE's full compliance with the Project
Documents and this Subgrant Agreement.
16. SUBGRANTEE agrees to document and keep separate all expenditures of the
Subgrant funds within the approved Project Budget. SUBGRANTEE shall not
exceed any of the costs shown in the approved Project Budget. It is the
responsibility of the SUBGRANTEE to pay any costs of the Mitigation Project that
exceed the Subgrant amount.
17. SUBGRANTEE shall commence work on the Mitigation Project within ninety
(90) days from the date of execution of this Subgrant Agreement and shall
complete and perform all work on the Mitigation Project in accordance with
the Description of Work.
18. All work on the Mitigation Project performed pursuant to this Subgrant
Agreement and with Subgrant funds shall be performed in a good and
workmanlike manner.
19. All changes or modification to the Mitigation Project or the Project Documents
shall be approved in writing by the CITY's City Manager or her designee prior to
such change or modification becoming effective. Ali additional costs incurred as
the result of any Change Orders shall be subject to prior written approval of the
CITY. In the event that unforeseen conditions are discovered during the
Mitigation Project implementation, the CITY reserves the right to require the
SUBGRANTEE to revise the mitigation plans and the Project Documents.
20. SUBGRANTEE, at its sole cost and expense, and from sources other than
the Subgrant funds, shall be responsible for obtaining all permits, licenses,
approvals, certifications and inspections required by Federal, State or local law
and to maintain such permits, licenses, approvals, certifications and inspections
in current status during the temi of this Agreement.
21. The SUBGRANTEE shall:
a. Notify the CITY when the Mitigation Project is complete. The notice shall
contain certification or documentation that the mitigation of hazardous
conditions has been performed in accordance with the terms of this
Subgrant Agreement. This closeout documentation shall summarize the
actions taken, the resources committed, the problems encountered in
completion of the Mitigation Project, if any, and document that the
Mitigation Project is complete. This documentation shall be submitted to
CITY's designated environmental project manager for review and
approval.
b. Perform all of its obligations under this Subgrant Agreement, and any
other agreements or instruments to which the SUBGRANTEE is a party
and which relate to this Subgrant Agreement or to the Mitigation Project.
22. Any forbearance by the CITY with respect to any of the terms and conditions
of this Agreement shall in no way constitute a waiver of any of CITY's rights or
privileges granted hereunder.
23. In the event of a default of any of the terms or conditions of this Subgrant
Agreement, then, the SUBGRANTEE shall forfeit use of the Subgrant funds.
24. The SUBGRANTEE agrees to maintain financial and programmatic records
pertaining to all matters relative to this Subgrant Agreement in accordance with
generally accepted accounting principles and procedures. Ail such records and
supporting documents shall be made available, upon request, for inspection or
audit by the CITY or its representatives. The SUBGRANTEE shall retain all of
its records and supporting documentation applicable to this Subgrant Agreement
for a period of three (3) years except records that are subject to audit findings,
which shall be retained three (3) years after such findings have been resolved.
25. The SUBGRANTEE agrees to permit the CITY or its designated representative
to inspect and/or audit its records and books relative to this Agreement at any
time during normal business hours and under reasonable circumstances and to
copy therefrom any information that the CITY desires relevant to this Agreement.
The CITY shall provide written notice to the SUBGRANTEE prior to the
implementation of this provision. The SUBGRANTEE agrees to deliver the
records or have the records delivered to the CITY or its designated
representative at an address designated by such party. If the CITY or its
representative finds that the records delivered by the SUBGRANTEE are
incomplete, the SUBGRANTEE agrees to pay the CITY or its representative's
cost to travel to the SUBGRANTEE's office or other location where the books or
records are located to audit or retrieve the complete records.
26. The SUBGRANTEE will comply with the statutes prohibiting discrimination on
the grounds of race, color, national origin, sex and disability. In addition, the
SUBGRANTEE will undertake good faith efforts to give opportunities for qualified
Small Business Enterprises (SBE), Minority Business Enterprises (MBE) and
Women -Owned Business Enterprises (WBE) to submit proposals, bids, and
provide services on contracts and subcontracts for services and supplies. The
SUBGRANTEE shall submit a report of such efforts on the City -provided form.
27. The SUBGRANTEE agrees to protect, indemnify, defend and hold harmless,
the CITY, its officers, administrators, agents, servants, employees and all other
persons or legal entities to whom the SUBGRANTEE may be liable from, for or
against any and all claims, demands, suits, losses, damages, judgments, costs
and expenses, whether direct, indirect or consequential and including, but not
limited to, all fees, expenses and charges of attorneys and other professionals,
court costs, and other fees and expenses for bodily injury, including death,
personal injury and property damage, arising out of or in connection with the
performance of any work or any responsibility or obligation of the SUBGRANTEE
as provided herein and caused in whole or in part by any act, error, or omission
of the SUBGRANTEE, its agents, servants, employees or assigns.
28. The SUBGRANTEE shall not assign or attempt to assign directly or indirectly,
any of its rights under this Subgrant Agreement or under any instrument referred
to herein without the prior written consent of the CITY.
29. This Subgrant Agreement is not intended to create or vest any rights in any
third party or to create any third party beneficiaries.
30. All amendments to this Subgrant Agreement shall be in writing and signed by
both parties hereto.
31. It is expressly understood that a failure or delay on the part of the
SUBGRANTEE in the performance, in whole or in part, or any of the terms of this
Subgrant Agreement, if such failure is attributable to an Act of God, fire, flood,
riot, insurrection, embargo, emergency or governmental orders, regulations,
priority, or other limitations or restrictions, or other similar unforeseen causes
beyond the reasonable control of such party, the failure or delay shall not
constitute a breach or default under this Subgrant Agreement; however, the
SUBGRANTEE shall use its best effort to ensure that the Mitigation Project is
completed in a reasonable time without unnecessary delay.
32 The provisions of this Subgrant Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective successors and assigns.
33. No failure of either party to exercise any power or right given it hereunder or to
insist on strict compliance by the other party with its obligations hereunder shall
constitute a waiver of the other party's right to demand at any time exact
compliance with the terms hereof.
34. All notices, requests, instructions or other documents to be given hereunder to
either party by the other shall be in writing and delivered personally or sent by
certified or registered mail, postage prepaid, to the addresses set forth in this
Subgrant Agreement. Any such notice, request, instruction or other document
shall be conclusively deemed to have been received and be effective on the date
on which personally delivered or, if sent by certified or registered mail, on the
day mailed to the parties as follows or to such other address as a party may
subsequently specify in writing to the other party:
To the CITY'
To the SUBGRANTEE:
CITY OF NATIONAL CITY
City Manager
1243 National City Boulevard
National City, California 91950
HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
Executive Director
1243 Nationai City Boulevard
National City, California 91950
35. This Subgrant Agreement and all covenants, agreements, representations and
warranties made herein shall survive the execution of this Subgrant Agreement
and shall continue in full force.
36. If any provision or item of this Subgrant Agreement is held invalid, such
invalidity shall not affect other provisions or items of this Subgrant Agreement
which can be given effect without the invalid provisions or items, and to this end,
the provisions of this Subgrant Agreement are hereby declared severable.
37. Except for any exhibits, attachments, plats or other documents as may be affixed
hereto, made a part hereof, and properly identified herewith, this Subgrant
Agreement constitutes the entire contract between the parties, and shall not be
otherwise affected by any other purported undertaking, whether written or orai.
38. The SUBGRANTEE understands and agrees that any use of the Property or
any activity thereon which is inconsistent with the foregoing provisions is
expressly prohibited.
IN WITNESS WHEREOF, THE CITY AND THE SUBGRANTEE HAVE EXECUTED
THIS AGREEMENT ON THE RESPECTIVE DATES SET FORTH BELOW.
"CITY"
CITY OF NATIONAL CITY,
a public body, corporate and politic
Dated: June 17, 2014 By:
Ron Morrison
Mayor
"SUBGRANTEE"
COMMUNITY DEVELOPMENT
COMMISSION=HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY,
a public body, corporate and politic
Dated: June 17, 2014 By:
Ron Morrison
Chairman
APPROVED AS TO FORM:
By:
Claudia Gacitua Silva
City Attorney
L.
EXHIBITA
PROJECT LOCATION
40'
PAT A PART OP
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NOT A RIRT OF
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PARCEL 3
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EXHIBIT B
LEGAL DESCRIPTION
PARCEL 2:
PORTIONS OF BLOCKS ENV S3 AND 84 IN THE CRY OF NATI L. CiiY couim Or sAN DIEOO, STATE
OF ACCOR Tip IMP THEE Kt 344, F W THE SCE OF THE LUNY
RECORDER OF MID SAN DI= mum ocromxios4TOGETI-ER WIN A PORTION OF 21ST
$iit. i VACATED AND 20111 STREET VACATED Az FOLLOWS:.
EOHNING AT POINT "A' AS DESCRIED ABOVE; THENCE SOUTH 7212'08' WEST 182.8$ FEET; THENCE
NORTH 1 T43'08" WEST 352.88 FEET; THENCE NORTH 1914'38" EAST 92.41 FEET; THENCE NORTH
1815'31" EAST 172.78 FEET 1HENCE NORTH 2337'12' EAST 37.08 FEET TO A POINT IN THE
WESTERLY RIGHT OF WAY OF' lip AVD4UE I A HALF WEN OF 40.00 IZ; THENCE
SOUTKRLY ALONG SAID RIGHT OF WAY SOUTH i T#8'2i' EAST 209.35 FEET; THENCE SOUTH 1745142/
EAST 384.48 FEET TO POINT 'A'.
9
EXHIBIT C
PROJECT BUDGET
Environmental Remediation-Uses
WITOD Site Remediation, Demolition, and Soils Removal $ 1,513,000
Total Uses- WITOD Demolition, Remediation, & Soils Removal $ 1,513,000
Environmental Remediation-Sources
EPA Grant (allowable remediation costs on Phase I (Parcel 1) housing site only)
City Redevelopment Funds
Site Infrastructure Agreement- City Funds
$ 200,000
$ 850,000
$ 463,000
Total Sources-WITOD Demolition, Remediation, & Soils Removal $1,513,000