HomeMy WebLinkAbout2003 CON MAAC Project - Lead Hazard ControlAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
METROPOLITAN AREA ADVISORY COMMITTEE
THIS AGREEMENT is entered into this 16th day of December, 2003, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
METROPOLITAN AREA ADVISORY COMMITTEE (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide lead
hazard control services.
WHEREAS, the CITY has determined that the CONTRACTOR is a not for
profit multi -purpose social service agency and is qualified by experience and ability to
perform the services desired by the CITY, and the CONTRACTOR is willing to perform
such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit 1.
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings
cited in Exhibit 1 to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
Revised August 2003
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 0% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Kathleen Trees hereby is designated as the Project Coordinator for the CITY and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Coordinator to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR.
Patty Bailey thereby is designated as the Project Coordinator for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit 1 shall not exceed the
schedule given in Exhibit 2 (the Base amount) without prior written authorization from
the Project Coordinator. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit 1 as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and in -kind services provided and shall make such materials available at its
office at all reasonable times during the term of this Agreement and for three (3) years
from the date of final payment under this Agreement, for inspection by the CITY and for
furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit 3.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
2
Revised August 2003
CONTRACTOR'S written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR'S employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'S
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the CONTRAC-
TOR's obligations to the CITY are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a
3
Revised August 2003
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any
unique products, treatments, processes or materials whose availability is critical to the
success of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action
to insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
4 Revised August 2003
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
5 Revised August 2003
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
❑ A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
6 Revised August 2003
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action
or suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the
prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
7 Revised August 2003
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery
to the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified
above shall be directed to the following persons:
To the CITY:
Kathleen Trees, Director
Building & Safety Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONTRACTOR: Patty Bailey
METROPOLITAN AREA ADVISORY COMMITTEE
1395 Third Avenue
Chula Vista, CA 91911
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
8 Revised August 2003
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
LI If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21
by the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together,
shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
9 Revised August 2003
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
10
(Two signatures required for a corporation)
By:
Senior Vice President
Salvador Saucedo
Board President
Revised August 2003
EXHIBIT 1
SCOPE OF SERVICES
101. Provide Lead Hazard Control in 110 low-income homes in the areas of West
Side, Bay Side, Central, Civic Center and El Pueblo in National City. The
eligibility of the unit will be determined by the City.
a. MAAC Project will have it's Program Manager and weatherization
provider accompany the City's Risk Assessor on the risk assessment for
those units who have applied for the program to provide input for the final
work plan and to determine if weatherization funds would be applicable.
b. For those units who qualify they will develop a coordinated work plan
with cost estimates for each unit signing a contract. In addition, they will
determine the relocation needs and schedule the work after receiving a
work order from the City. They will perform the work then advise the
City when the work is completed.
c. They will accompany the City on a completion walk through then prepare
a maintenance plan and reevaluation schedule for the owner.
102. Attend quarterly advisory meetings and monthly meetings with the City and
EHC.
103. Provide monthly progress reports
104. Train 41ead workers and 6 at -risk youth from the Urban Corps.
EXHIBIT 2
COST SCHEDULE
201. The total compensation for all services performed pursuant to this Agreement
shall not exceed the sum of ONE MILLION FIVE HUNDRED SIXTY-EIGHT
THOUSAND SIX HUNDRED AND ELEVEN ($1,568,611) in Federal Funds.
Contractor's matching funds in the form of in kind services, shall not be less
than TWO HUNDRED THIRTY SIX THOUSAND NINE HUNDRED AND
THIRTY-ONE ($236,931).
202. The CONTRACTOR acknowledges that the City is under no obligation to
compensate the CONTRACTOR for services rendered or expenses accrued
under this Agreement in excess of the maximum compensation specified above.
It shall be the responsibility of the CONTRACTOR to monitor its activities to
ensure that the scope of services specified in Exhibit 1 may be completed and
no charges accrued in excess of the maximum compensation during the term of
this Agreement.
203. It is expressly understood that any expenditures by the CONTRACTOR which
are not within the prescribed limitations of this paragraph and Exhibit 1 and
applicable laws, rules, and regulations governing this Agreement are not
chargeable to this Agreement.
204. Following execution -of the HUD Agreement, this Agreement and the Request
for Release of Funds, the CONTRACTOR may submit a request for funds to the
City specifying the amount due for services performed by the CONTRACTOR.
Each request shall: 1) describe the services performed in detail, 2) indicate the
amount of federal and matching funds charged by line item on Attachment 1
and 3) include adequate and appropriate documentation for the expenses
claimed.
EXHIBIT 3
Length of Agreement
301. All services required pursuant to this Agreement shall commence effective as of
the date the Agreement is fully executed and shall terminate on March 31, 2007.
Name and Address of Applicant:
Category
1. Personnel (Direct Labor)
Position or Individual
Project Director
Project Coordinator
Assessment Supervisor
LHC Supervisor
Senior Administrative Assistant
Lead Worker Supervisor
Lead Worker
Lead Worker
Lead Worker
Ap rentices 6 for 3 months)
Total Direct Labor Cost
2. Fringe Benefits
Health Insurance
FICA
Workmen's Comp
Unemployment Insurance
Total Fringe Benefits Cost
3. Travel
3a. Trans ortation - Local Private Vehicle
LHC Su &visor
Assessment Supervisor
Subtotal - Trans - Local Private Vehicle
Grant As
MAAC PROJECT
22 W. 35th Street Suite 100
CA 91950
National Ci
619 409-7588
Estimated Hours
624
2,080
2,080
2,412
6,240
Rate per Hour
$31.25
$22.00
$22.00
$20.00
$17.50
6,240 $20.00
6,240 $19.00
6,240 $19.00
6 240 $19.00
2,880 $10.00
Rate (% Base
16.00°/0 $777,740
$777,740
28.00% $777,740
1.95% $777,740
lication Detailed Bud
NWItAllttgfigewqm
Mileage Rate
3600 $0.400
3600 $0.400
Estimated Cost HUD Share
$19,500
$45,760 .
$45,760
$48 240: $48 240
$109,200. $109,200
$124,800 I, $124,800
$118,560 $118,560
$118 560 --- . $118,560
$118,560 $118,560
$28,800 - $28,800 $0
$777,740,, . 8666 720 8111,020
Applicant
Match
Estimated Cost - HUD Share
$124 438 $106 675 $17,763
$59,497 $51,004 $8,493
$217,767 $186,682 $31 085
$15 166 $13,001 $2,165
$416,868 $357,362 $59,506
Applicant
Match
Mile Estimated Cost HUD Share
$1,440 '3
$1,440
$1,440
$1,440
$2,880: $2,880
$0
$0
$0
$0 $19,500
$0 $45,760
$0 $45,760
$0
$0
$0
$0
$0
$0
et Worksheet
Detailed Description of Budget (for full grant period)
Applicant Other Other
Match HUD Federal
Funds Share
Other
HUD
Funds
Other
HUD
Funds
OMB Approval No. 2501-0017
(Exp. 03/31(2005)
State Share Local/Tribal Other Program
Share Income
Other State Share Local/Tribal Other Program
Share Income
Federal
Share
Other State Share Local/Tribal Other
Federal Share
Share
form HUD-424-CBW (2/2003)
Program
Income
v 4ualuil0E4 4V
•
•
Grant Application
1 iculi,
Descri,p
HUD Share
Tri
Fare
Detailed
Estimated Cost :..
Airfare (show destination)
p s
$0
3b. Transportation -
$0.00
$0 it
$0
$0.00
$0'#.
Unit Cost
Estimated Cost
HUD Share
Subtotal -Transportation -Airfare
Other
Quantity
3c. Transportation -
Two leased vehicle (monthly)
30
$1,000.00
$30,000 ;
$30,000
$8,700
30
$290.00
$8,700 :.
Insurance (monthly)
Vehicle
Days
Rate per Day
$0.00
$38,700
-
Estimated Cost
$0 #
$38,700
HUD Share
$O
Subtotal -Transportation - Other
3d. Per Diem or Subsistence (indicate location)
�y
$41,580
$41,580
$0
Subsistence
Subtotal - Per Diem or
$0 , ;
Total Travel Cost
4. Equipment (Only items over $5,000 Depreciated value)
Quantity
''
Unit CCoostt
.00
°
Estimated Cost
` $0
a
HUD Share$0
$0
Tnlnl Fnuinment COSt
ed Budget Worksheet
ion of Budget
Applicant Other Other State Share Local/Tribal Other Program
Match HUD Federal
Share Income
Funds Share
$0
$0
$0
Applicant
Match
$0
$0
Other Other State Share Locai(Tribal Other Program
HUD Federal Share Income
Funds Share
$0
Applicant
Match
$0
Other Other State Share Local/Tribal Other Program
HUD Federal Share Income
Funds Share _
Applicant Other Other State Share Local/Tribal Other Programme
Match HUD Federal Share
Funds Share
$0
$0
form HUO-424-CBW (2/2003)
5. Supplies and Materials (Items under $5,000 De
5a. Consumable Supplies
Office Supplies (36 x $100)
Lead control materials
Weatherization material labor
Subtotal - Consumable Supplies
5b. Non -Consumable Materials
Start up tools
Dumpster
Hazardous material disposal
Subtotal - Non -Consumable Materials
Total Supplies and Materials Cost
6. Consultants (Type)
Total Consultants Cost
7. Contracts and Sub -Grantees (List individual
Total Subcontracts Cost
reciated Value
Grant Application Detailed Budget Worksheet
Detailed Description of Budget
Applicant Other Other State Share Local/Tribal Other Pncome
rOgraM
Match HUD Federal Share
Quantity Unit Cost Estimated Cost HUD Share
Funds Share
36 $100.00 $3,600 . $3,600 $0
$280,000 $280,000 $30,000
$30,000.00 $30,000
$313,600 `` $283,600 $30 000
Applicant Other Other State Share Localrfdbal Other Pncome
rogram
'Match HUD Federal Share
Quantity Unit Cost Estimated Cost HUD Share
Funds Share
$8,000.00 $8,000 ' $8,000
$3,046.00 $3,046 $3,046
36 $231.00 $8,316 ' $8,316
Applicant Other Other State Share Local/Tribal Other Pncome
rogram
Match HUD Federal Share
Days Rate er Day Estimated Cost � HUD Share
Funds Share
$0.00 $0 ft $0
$0$0
Quantity Unit Cost Estimated Cost-,;:- HUD Share
3
Applicant Other Other State Share Local/Tribal Other Pncome
rogram
Match HUD Federal Share
Funds Share
form HUO+424-CBW (2/2003
8. Other Direct Costs Items
Lead testing for staff
Training/certification
Completion bonding for lead hazard control work
Warehouse space (monthly)
Total Other Direct Costs
Quantity
2
30
Grant A • •lication Detailed Bud et Worksheet
Detailed Description of Budget
Unit Cost
2,000
1,000
15,000
900
Estimated Cost. HUD Share
$2,000- $ 2,000
$12,00w`k-: $ 12,000
15,000';:`: $ 15,000
$27,000:r' $ 13,500
$56,000 $42,500
Applicant
Match
9. Indirect (Type)
Federally approved rate
Rate
Base
Estimated Cost HUD Share
$1,625,150
$0
0
$0
$13,500
$13,500
Other
HUD
Funds
Applicant Other
Match HUD
$180,392 $157487 $22,905
Other State Share
Federal
Share
Local/Tribal
Share
Other State Share Local/Tribal
Federal Share
Other
Other
Program
Income
Program
Income
Total Indirect Costs
Total Estimated Costs
Analysis of Total Estimated Costs
1. Personnel (Direct Labor)
2. Fringe Benefits
3. Travel
4. Equipment
5. Supplies and Materials
6. Consultants
7. Contracts and Sub -Grantees
8. Other Direct Costs
9. Indirect Costs
Total
Federal Share $1,568,611
Match $236,931
15.10% expressed as a percentage
$180,392 ri:? $157,487 $22,905
$1,805 542 `art $1,568,611 $236,931
Percent o
Total
43.08%';r;
23.09%
2.30%
0.00%
Estmated
Cos
$ 777,740
$ 416,868
$ 41,580
$ 332,962
$
$
$ 56,000
$ 175,464
$ 1,805,542
of the Federal Share
18.44%
0.00%'is
0.00%'<
3.10%
9.72%
100.00% -
toe-cQ\
City of National City, California
COUNCIL AGENDA STATEMENT
10
MEETING DATE December 16, 2003 AGENDA ITEM NO.
ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MAAC
PROJECT TO PROVIDE THE CITY WITH LEAD HAZARD CONTROL FOR THE HUD LEAD HAZARD
CONTROL GRANT PROGRAM
_ \y
PREPARED BY Kathleen Trees 4213
EXPLANATION
DEPARTMENT
Building & Safety
On October 1, 2003 the City of National City was awarded $2,984,152 from the U.S. Department of Housing
and Urban Development (HUD) for lead hazard control in the communities of West Side, Bay Side, El
Pueblo, Civic Center and Central City in the City of National City.
As a sub -grantee, the MAAC Project will provide lead hazard control in 110 low-income homes in the target
areas. This includes accompanying the city's risk assessor to provide input for the final work plan and to
determine if MAAC weatherization funds are applicable to the particular project. They will also produce a
work plan, determine if relocation is needed, provide cost estimates, schedule the work and then perform the
work. In addition, they will be training 6 at -risk youth from the Urban Corps as lead hazard control workers.
The MAAC Project portion of the grant is $1,568,611 from HUD and $236,931 in matching in -kind services.
Environmental Review ✓ N/A
Financial Statvrtent -
$1,568,611 i avaaii1ablee for`this contract in account number 254-413-000-299-0000. (�
Accurii N
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution
Contract
Resolution No. 2003-178
A-200 (9/80)
RESOLUTION NO. 2003 —178
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE METROPOLITAN AREA ADVISORY COMMITTEE TO
PROVIDE THE CITY WITH LEAD HAZARD CONTROL FOR
THE HUD LEAD HAZARD CONTROL GRANT PROGRAM
WHEREAS, on October 1, 2003, the City was awarded $2,984,152 from the U.S.
Department of Housing and Urban Development ("HUD") for lead hazard control in the
communities of West Side, Bay Side, El Pueblo, Civic Center and Central City in the City of
National City; and
WHEREAS, the City desires to employ a consultant to provide the City with lead
hazard control for the HUD Lead Hazard Control Grant Program; and
WHEREAS, the City has determined that the Metropolitan Area Advisory
Committee ("MAAC") is a not -for -profit social service agency and is qualified by experience and
ability to perform the services desired by the City, and MAAC is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with MAAC to provide the
City with lead hazard control for the HUD Lead Hazard Control Grant Program. Said Agreement
is on file in the office of the City Clerk.
Passed and adopted this 16th day of Dece
Nick Inzunza,Mayor
ATTEST:
MichelDalla, Cit /Clerk
APPROVED AS TO FORM:
George. Eiser, III
City Attorney
V;2<-✓ _
Passed and adopted by the Council of the City of National City, California, on December 16,
2003, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
/r d
City erk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2003-178 of the City of National City, California, passed and adopted by
the Council of said City on December 16, 2003.
City Clerk of the City of National City, California
By:
Deputy
City Of National City
1243 National City Blvd.
National City, CA 91950-4301
619-336-4570
VENDOR: 11233
MAAC PROJECT
22 WEST 35TH ST., SUITE 100
NATIONAL CITY, CA 91950
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Special Inst:
`Ui
01/0 (c e £ i4 1°'
Purchase Order
02/25/04
RQ'NU, BER
65889
SHIP TO: NATIONAL CITY PURCHASING W/H
2100 HOOVER AVE
NATIONAL CITY, CA 91950
Req. No.: 02-0051
Dept: Purchasing approval
Confirming? No
t47
PER COUNCIL RESOLUTION #2003-178 DATED 12/16/03
BILL To: CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
unt'Nitmbei
SUBTOTAL
TAX
FREIGHT
TOTAL
1,568,611.00
0.00
0.00
1,568,611.00
E 254-413-000-299-0000
1,568,611.00
Accobnt;N[