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HomeMy WebLinkAbout2011 CON County of San Diego - Amendment #3 Soccer Field ProjectNOTE TO FILE 03-13-12 IN THE MATTER OF: Resolution of the City Council authorizing the Mayor to execute the Third Amendment to Standard Grant Agreement between the County of San Diego and the City of National City, for County Grant Funds in the amount of $100,000, extending the term to April 30, 2011, to allow for the completion of the Soccer Field Project at El Toyon Park. Please note the following: A FULLY EXECUTED ORIGINAL AMENDMENT 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 • 01-20-11— Forwarded to Barby Tipton (Engineering) 3 partially executed original amendments to process for signature NTF THIRD AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY This Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City is dated on WHEREAS, on June 17, 2008 (17), the Board of Supervisors approved a $100,000 grant to City of National City (Grantee) for completion of the soccer field project in Kimball Park; and WIIEREAS, on September 26, 2008, the County of San Diego (County) and Grantee entered into the Standard Grant Agreement (Original Agreement) consistent with the Board of Supervisors' action; and WHEREAS, Grantee was unable to spend the grant funds by the end of the Term of Agreement; and WHEREAS, Grantee requested an extension of time to spend the grant funds:. and WHEREAS, on November 13, 2009, County and Grantee entered into the First Amendment to Standard Grant Agreement to extend the Term of Agreement to June 30, 2010; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds. WHEREAS, on July 19, 2010, County and Grantee entered into the Second Amendment to Standard Grant Agreement to extend the Term of Agreement to January 30, 2011; and WHEREAS, Grantee requested an extension of time to spend the grant funds and requested authorization to use the grant for a different purpose; and WHEREAS, on October 19, 2010 (6), the Board of Supervisors approved the change in the purpose of the grant. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend the Original Agreement as follows: 1. Paragraph 1 is amended to add the following sentence: Grantee may only use the grant for the construction of a football/soccer field at El Toyon Park. 2. Paragraph 2 is amended to read as follows: The Term of Agreement shall be from the date the parties entered into the Original Agreement through April 30, 2011. 3. Paragraph 3(b) is amended to read as follows: Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in no event later than the end of the Term of Agreement specified above. If the 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. 4. Paragraph 3(f) is amended to read as follows: Grantee and County's administrator may agree in writing to extend the Term of Agreement to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph 1. 5. All other terms and conditions in the Original Agreement remain in full force and effect. 2 C'i a \ttit rt ('it 0 08(.1' WHEREFORE, the parties execute this Third Amendment on the date first written above. COUNTY OF SAN DIEGO By: Ebony N. Shelton, Director Office of Financial Planning Date 1/11/11 Ron Morrison, Mayor Print name and title By: Date Print name and title [Note: if Grantee is a California corporation, need one signature from each of the following two groups: l . Executive Group: President, Vice -President or Chairman of the Board; and 2. Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.] City ofNationni City 07-08CP RESOLUTION 2011 — 07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY, FOR COUNTY GRANT FUNDS IN THE AMOUNT OF $100,000, EXTENDING THE TERM TO APRIL 30, 2011, TO ALLOW FOR THE COMPLETION OF THE SOCCER FIELD PROJECT AT EL TOYON PARK WHEREAS, on September 26, 2008, the City entered into an agreement with the County of San Diego to accept Community Enhancement grant funds in the amount of $100,000 for the construction of the El Toyon Park Soccer Field; and WHEREAS, the City and County entered amendments extending the term of the Agreement on November 13, 2009 and July 19, 2010; and WHEREAS, because more time is required to complete the Soccer Project, a Third Amendment to Agreement extending the term through April 30, 2011, is submitted for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City extending the term of the Agreement through April 30, 2011, to allow for the completion of the Soccer Field Project at El Toyon Park. Said Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City is on file in the office of the City Clerk. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: A Michael R. Dalla, O(ty Clerk PROVED AS TO FORM: 1 a� 4.�u..{��, Fs udia G. Sil k' City Attorney Passed and adopted by the Council of the City of National City, California, on January 11, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON By: Mayor of the City of National City, California City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-7 of the City of National City, California, passed and adopted by the Council of said City on January 11, 2011. City Clerk of the City of Najional City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT cao-5 - ;ETING DATE: January 11, 2011 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to Agreement for Grant Funds in the amount of $100,000 from the County of San Diego extending the term of the Agreement to allow for the completion of a Soccer Project at El Toyon Park. PREPARED BY: Barby Tipton PHONE: x-4583 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Development Services -Engineering Division �%� APPROVED APPROVED: APPROVED: Finance MIS No financial impact at this time. Funds have been deposited into 115 fund in the amount of $100,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Explanation 2. Third Amendment 3. Resolution No . ao\\- On September 20, 2005, City Council approved a proposal to construct a soccer field in collaboration with the Boys and Girls Club. The initial funding of $125,000 was secured through the office of Supervisor Greg Cox and $73,046 of CDBG funds was allocated to the Boys & Girls Club to administer the project. In a letter to the City Manager, dated September 1, 2006, the Boys & Girls Club notified the City that they were unable to continue as partners in the project. In October 2006, the grant was amended and Council approved a resolution to reallocate the grant and the CDBG funds from the Boys & Girls Club to the City. On May 6, 2008, Council approved pursuing a synthetic turf playing surface in lieu of a natural field surface, therefore, on May 21, 2008, the City requested an extension of time to spend the grant funds. On September 16, 2008, Council accepted an additional grant in the amount of $100,000 for the construction of the soccer field. The City asked for an extension of time on November 13, 2009. This extension expired on June 30, 2010. On June 19, 2010, the soccer field construction bids were opened. The City anticipated that the construction would be completed by December 2010, and had asked for an extension of the grant with this amendment until January 31, 2011. Because the football field was being used until October 31, 2010, City Council approved extending the Notice to Proceed for construction until November 1, 2010. This action extended the completion date to February 2011. It is necessary to once again ask that the grant be extended until April 30, 2011. Staff recommends adoption of the resolution for ratification of this amendment. THIRD AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY This Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City is dated on WHEREAS, on June 17, 2008 (17), the Board of Supervisors approved a $100,000 grant to City of National City (Grantee) for completion of the soccer field project in Kimball Park; and WI IEREAS, on September 26, 2008, the County of San Diego (County) and Grantee entered into the Standard Grant Agreement (Original Agreement) consistent with the Board of Supervisors' action; and WHEREAS, Grantee was unable to spend the grant funds by the end of the Term of Agreement; and WHEREAS, Grantee requested an extension of time to spend the grant funds; and WHEREAS, on November 13, 2009, County and Grantee entered into the First Amendment to Standard Grant Agreement to extend the Term of Agreement to June 30, 2010; and WHEREAS, Grantee was unable to spend the grant funds by that date and requested another extension of time to spend the grant funds. WHEREAS, on July 19, 2010, County and Grantee entered into the Second Amendment to Standard Grant Agreement to extend the Term of Agreement to January 30, 2011; and WHEREAS, Grantee requested an extension of time to spend the grant funds and requested authorization to use the grant for a different purpose; and WI IEREAS, on October 19, 2010 (6), the Board of Supervisors approved the change in the purpose of the grant. _1i� udonlai t. �. it\ 07 NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend the Original Agreement as follows: I. Paragraph 1 is amended to add the following sentence: Grantee may only use the grant for the construction of a football/soccer field at El Tovon Park. 2. Paragraph 2 is amended to read as follows: The Term of Agreement shall be from the date the parties entered into the Original Agreement through April 30, 2011. 3. Paragraph 3(b) is amended to read as follows: Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in no event later than the end of the Term of Agreement specified above. If the 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. 4. Paragraph 3(f) is amended to read as follows: Grantee and County's administrator may agree in writing to extend the Term of Agreement to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph 1. 5. All other terms and conditions in the Original Agreement remain in full force and effect. CItv i?I ' aUO1aI t.IIV WHEREFORE, the parties execute this Third Amendment on the date first written above. COUNTY OF SAN DIEGO Bv: Ebony N. Shelton, Director Office of Financial Planning GRANTEE By: Date Print name and title By: Date Print name and title [Note: if Grantee is a California corporation, need one signature from each of the following two groups: 1. Executive Group: President, Vice -President or Chairman of the Board; and 2. Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.] RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO STANDARD GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY, FOR COUNTY GRANT FUNDS IN THE AMOUNT OF $100,000, EXTENDING THE TERM TO APRIL 30, 2011, TO ALLOW FOR THE COMPLETION OF THE SOCCER FIELD PROJECT AT EL TOYON PARK WHEREAS, on September 26, 2008, the City entered into an agreement with the County of San Diego to accept Community Enhancement grant funds in the amount of $100,000 for the construction of the El Toyon Park Soccer Field; and WHEREAS, the City and County entered amendments extending the term of the Agreement on November 13, 2009 and July 19, 2010; and WHEREAS, because more time is required to complete the Soccer Project, a Third Amendment to Agreement extending the term through April 30, 2011, is submitted for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City extending the term of the Agreement through April 30, 2011, to allow for the completion of the Soccer Field Project at El Toyon Park. Said Third Amendment to Standard Grant Agreement between the County of San Diego and City of National City is on file in the office of the City Clerk. PASSED and ADOPTED this 11th day of January, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney