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HomeMy WebLinkAbout2008 CON County of San Diego - Sidewalk Construction Sweetwater RoadNOTE TO FILE 03-24-10 IN THE MATTER OF: Resolution of the Community Development Commission of the City of National City ratifying a Grant Agreement in the amount of $75,000 from the County of San Diego construct a sidewalk along the north side of Sweetwater Road between Euclid Avenue and Prospect Street in conjunction with the Street Resurfacing Project, and appropriating said funds from the County Grants Account to the County Sidewalk Project Account. Please note the following: A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC _ Housing & Grants _ City Attorney Human Resources _ City Manager MIS Community Svcs. _ Planning X Engineering _ Police Finance _ Public Works Fire NTF 'ounty office use only RECEIVED SEP 2 3 2008 )01838 15650 3664 99 00123 icr ° — 1114009 STANDARD GRANT AGREEMENT BETWEEN TUE COUNTY OF SAN DIEGO AND City of National City i12008 This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City, a Municipal Corporation (Grantee) and is effective on _3I 9 2008 _ WHEREAS, the County wishes to reinvest taxpayer funds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural and recreational needs of County residents; and WHEREAS, on 6/17/2008 (17), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: for the construction of approximately 200 LF of concrete sidewalk on the north side of Sweetwater Road between Prospect Street and Euclid Avenue in the vicinity of Lincoln Acres. 2. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 3. Deadline for Use of Grant Funds and Documentation of Expenditures. (a) gfatltee shall Spend all grant funds provided by the C-9ttnty fI )• 1h4 purposes s ecifie.d in Paragraph I witbll# 12 months of the effective date of ihis'A rgemen ;is S fiecifed above. (b) Grautcc shall Complete D(cumentation pf Grant Fzpendttut es,.setfrng_. forth Grantee's total actual expeniliturgs of the grant funds provtdetundeithiS Agreement. Grantee shall sulr[uit this documentation to the County's administrator promptly after; spending the grant -,fund ; but in any event, before the end of Abe Term of-.greerient specified above_ If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation before the end of the extended 'Term. If County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. (c) If after reviewing Grantee's expenditure documentation, the County's administrator: Rev 11 1 5/05 I�IIIIIIIII 2007 (i) determines that the Grantee failed to spend all of the grant funds; (ii) disallows any expenditure by Grantee; or (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; Grantee shall refund to the county the amount specified by the County's administrator. Grantee shall make this refund within seven days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. UNIII I(I1III(I IIII(I AGRFFMENT II II II Ila 10660 interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. S. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within three days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 9. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of term ination. 10. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 11. Assignment. Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 1. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. [Remainder of this page left blank intentionally] Rev. 12/15/05 3 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. Corporation Qualified to Do Business in California. If Grantee is a California corporation, Grantee warrants that it is a corporation in good standing and is cmTently authorized to do business in California. 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all teens and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 2 above or the termination of this Agreement under Paragraphs 8, 9 or 10 above. 25. Remedies. The rights and remedies in this Agreement are in addition to, and not a limitation on, all other rights and remedies available at law or in equity, and exercise of one right or remedy shall not he deemed a waiver of any other right or remedy. WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO By: Chief Financial Officer or Designated Representative Janel Pehau, Director Office of Financial Planning Date coo ae , WeIn'ciO y I(once bit Print Name an? Title [Note: if Grantee is a California non-profit corporation, peed I signature front e.acIi of tote following 2 ?uPS: (I) Executive Group: President, Vice -President or Chairman of the Board; and (2) Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer] (Corp. Code § 5214.) Return This Agreement Rev 12/15/05 5 County of San Diego 1600 Pacific Highway San Diego, CA 92101-2478 'yyc The Treasurer Seventy -Five Thousand Dollars And 00 Gen ls*************`********** Win Pay [:I�i1SM��l i1:1FY�P1�1.9171a CI i�i�1C11<•11Cb71llK�lS�1:19�%7�K�1:11!"�I7►1%f•L�llel:NlgC I�1�11TW all �J•19a: Warrant No. Wells Fargo Bank Ohio, N.A. 115 Hospital Drive Van Wert, OH 45891 To NATIONAL CITY, CITY OF 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4397 J 56-382J412 4935606 Date of Issue: 09/19/20C '* "`75,000.00 VOID IF NOT PRESENTED TO COUNTY TREASURER WITI IIN SIX MONTI IS FROM DATE Of ISSUE. GOVT CODE SECT. 29802 AUDITOR AND CONTROLLER 1 *Ai M oLL.t . THE; BACK- OF -THIS rD000MENT:,CONTAINS 'ANIARTIFICIAL;WATERMARK',-HOL'D,AT AN'ANGLE:TONIEW 001,9 3 560611' 1:04 1 20 38 241: 96000 S066 211' PLEASE ADDRESS CORRESPONDENCE REGARDING THIS PAYMENT SAN DIEGO COUNTY AUDITOR AND CONTROLLER ROOM 163 COUNTY ADMINISTRATION CENTER SAN DIEGO, CA 92101-2478 (619) 531-5321 AUTHORITY/PO 525279 WARRANT NO. 4935606 INVOICE DESCRIPTION DISCOUNT AMOUNT NET AMOUNT 6/17/2008( COMMUNITY PROJECTS FY07-08 CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 37 / 14862 09/24/2008 15:16:41.000 Reg WXP-CASH02 Validation Receipt CHARGES- 001-00000-3470 GF3470 sidewalk project o$ 75000.00 Sub -total $***)**75000.00 PAYMENT - Check - 5606 $ 75000.00 county of san diego Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays 0.00 75,000.00 0. 0 75,000'.00'. • GREG COX CHAIRMAN San Diego County Board of Supervisors September 22, 2008 Mr. Chris Zapata City Manager City of National City 1243 National City Blvd National City, CA 91950-4397 Dear Mr. Zapata: RECEIVED SEP 2 3 2008 0t- 41' 09124 %ilfiiG;41,J06 The County of San Diego is pleased to reinvest much needed resources into the community. To that end, enclosed is a check for $75,000.00 to the City of National City for the sidewalk project on Sweetwater Road. I was very pleased to have recommended this support for your city. It is our pleasure to have this opportunity to assist the City of National City in this endeavor. Please be sure to complete and return the documentation of the Grant Expenditures report promptly after all grant funds have been spent. I appreciate all that National City does for our community. S iReerely, 2 GREG CO( Chairman Enclosure County Administration Center • 1600 Pacific Highway, Room 335 • San Diego, CA 92101 (619) 531-5511 • Fax (619) 235-0644 www.gregcox.com Email: greg.cox©sdcounty.ca.gov i j iiai_ ij i RESOLUTION NO. 2008 — 235 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A GRANT AGREEMENT IN THE AMOUNT OF $75,000 FROM THE COUNTY OF SAN DIEGO TO CONSTRUCT A SIDEWALK ALONG THE NORTH SIDE OF SWEETWATER ROAD BETWEEN EUCLID AVENUE AND PROSPECT STREET IN CONJUNCTION WITH THE STREET RESURFACING PROJECT, AND APPROPRIATING SAID FUNDS FROM THE COUNTY GRANTS ACCOUNT TO THE COUNTY SIDEWALK PROJECT ACCOUNT WHEREAS, the County of San Diego (County) desires to reinvest taxpayer funds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural, and recreational needs of San Diego County residents; and WHEREAS, on September 19, 2008, the Board of Supervisors allocated $75,000 in grant funding to the City of National City for the construction of approximately 200 LF of concrete sidewalk on the north side of Sweetwater Road between Prospect Street and Euclid Avenue in the vicinity of Lincoln Acres; and WHEREAS, the City entered into a Standard Grant Agreement with the County of San Diego for a term of 13 months, in which time the City shall expend and report all actual expenditures of the grant funds to the County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Standard Grant Agreement between the City of National City and the County of San Diego for grant funds in the amount of $75,000 for the construction of approximately 200 LF of concrete sidewalk on the north side of Sweetwater Road between Prospect Street and Euclid Avenue in the vicinity of Lincoln Acres. PASSED and ADOPTED this 18th day of Nove .:.aw'008. on Morrison, ATTEST: Mict%ael R. Dalla,'City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on November 18, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California h City CI rk of the City of Ijfational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-235 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 18, 2008 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City of National City Council ratifying a grant agreement with the amount of $75,000 from the County of San Diego to construct a sidewalk along north side of Sweetwater Road between Euclid Avenue and Prospect Street in conjunction with the streets resurfacing project and establishing appropriations of said funds PREPARED BY DEPARTMENT EXT. 4583 Barby Tipton Engineering EXPLANATION On September 22, 2008 a grant agreement with the County of San Diego was approved. The City of National City received this grant to construct approximately 200 LF of concrete sidewalk on the north side of Sweetwater Road between Prospect Street and Euclid Avenue. This section of sidewalk is located within National City. The sidewalk will be constructed using an existing contract with ABC Construction Company. A change order to the street resurfacing project, increasing the quantities of sidewalks, will be processed. The grant will cover the complete cost of the project. The purpose of this resolution is to accept the grant from the County of San Diego and authorize transfer of funds to the appropriate expenditure account. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finan Director Funds have been deposited in account 001-0000-3470 and related appropria 'ons will be established in account 001-409-500-598-6171 (County Sidewalk Project). Account No STAFF RECOMMENDATION Adopt the Resoluti BOARD / COMMISSIO RECOMMEN TION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Signed Agreement with the County of San Diego 3. County of San Diego Warrant No. 4935606 4. County of San Diego letter dated September 22, 2008 A-200 (Rev. 7/03) 75