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HomeMy WebLinkAbout2014 CON CDC HA - City of National City - WI-TOD Project - Remediation of Hazardous MaterialsEPA SUBGRANT AGREEMENT (Westside Infill Transit -Oriented Development Project) This EPA Subgrant Agreement (Westside Infill Transit -Oriented Development Project), dated for purposes of identification only as of March 18, 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 of the City of National City, a public body, corporate 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 soil 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 redeveloped 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 SUBGRANTEE 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 "C", which has been approved by the CITY. 7. 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. 10. The SUBGRANTEE shall carry out the Mitigation Project in accordance with the Davis -Bacon Act of 1931, which requires payment of Federal prevailing 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. All 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 term 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. All 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 National 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 oral. 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: March 18, 2014 By: on Morrison Mayor "SUBGRANTEE" COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITYOF NATIONAL CITY, a publi y, corporate and politic Dated: March 18, 2014 By: AP By: •, IP G Silva CI y ttor - VED AS TO FORM: Ron Morrison Chairman 40 ; 140' 40'_ 20TH STREET 40' NOT A PART OF THIS SUBDIVISION 40' R0'I 0' 40' EXHIBIT A PROJECT LOCATION 40' IBM' STREET 40' 10MOTH STREET f 40' fw1 PARCEL 3 51A10 SO n 1.320 SO. 301E: II04-2 r1LA-USE COMEpGAL. AMER •'inn W siva,� ivrarR TO BE VACATED A"" 4W PARCEL 4 Mi. 50 n. 2002 ACRES IOW. O&ORIN PACE RESAAE. HOOVER TO et DEDICATED PARCEL 1 MASS SO FT I.RA3 ACRES CORE: VCR-x LRRR-WE NU,EAOAL RESOERRAL HOOVER TO BE VACATED PARCEL 2 13,101 50. FT. 215/ AGES OCR-2 012.11-05F WRERCVi. RESIERROAI HOOVER XA TO BE VACATED{ I �q 44,1 0' I 0 40' 20TH STREE„lT,_,� VACATED 40' HOOVER TO REMAIN 40' 21ST STREET 40' 40' r !0' 10' L 6 22ND STREET 40' EXHIBIT B LEGAL DESCRIPTION RFAL •• oP THE OF NATIONAL CITY. COUNTY OF SAN DIEGO. STATE OF CAIJFORNIA, D R:2P AS FOLLOWS: PARCEL 1: PORTIONS OF BLOCKS 107 86 85 AND 108 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, RECORL ATE EFR OFC�SSAI NCDDIIE(O�COU Y OCTTOTO MAP BEROF NO. 18g8��, TOGETHER WITH A POOR I N OF 21ST $irt.tu VACATED AND COOUDGE AVENUE VACATED D EED AS FOLLOWS:. BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 107 AS SHOWN ON THE ABOVE REFERENCED MAP SAID POINT ALSO BEING A POINT IN THE NORTHERLY RIGHT OF WAY LINE OF 22ND STREET, HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET.. THENCE EASTERLY ALONG SAID LINE NORTH 7716'45" EAST 543.65 FEETTOANTTANGENT CURVE, SAID URVE CONCAVE NORTH WEST H�AgVING A RADIUSpOF 20.002 27.2b FEFfCTO AOCOI�i NS� I HAR��V� 7WITH A RAD UI S of �60.Ob' FEET ANO A�RRAADIAL SOUTH 84'21'25 WEST; 61HENCEEAALONG �SAIDq CURVE THROUGHHA�yCENTRAL pAANGGLLE� OF HOOVER AVI II �A HALF WITH 40.00 OFEETP THENCE NORTHERLY AL01� GHTSAF RIGHT% F WAY NORTH 1745 42 WEST 61.65 FEET TO POINT A'; 1�1ENCE LEAVING SAID RIGHT OF WAY §OUTH 72'12105 WEST 182.86 FEET; THENCE NORTH 1T43 08 WEST 352.88 FEET TO POINT "B ; THENCE ��SOODU4TH 19'34138" gW�EST 154.266�FEET; pTHENCCE SOUTH 20'46108 WWEair pSTT 1100.5p2�FEET; THENCE SOUTH HAVNG A 3WDTH 0 .00 FEET; THENCINEE LY ALONG SAID RIGHT OF WAYGS0UTH E 1748128" EAST 74.46 TO THE POINT OF BEGINNING. EXHIBIT C PROJECT BUDGET Environmentaf.Remediation-Uses WITOD Site Remediation, Demolition, and Soils Removal Total Uses- WITOD Demolition, Remediation, & Soils Removal rtvires t�ental.Rem diaiiot -Sours EPA Grant (allowable remediation costs on Phase I (Parcel 1) housing site only) City Redevelopment Funds Site Infrastructure Agreement- City Funds Total Sources-WITOD Demolition, Remediation, & Soils Removal $ 1,513,000 $ 1,513,000 $ 200,000 $ 850,000 $ 463,000 $1,513,000 RESOLUTION NO. 2014 — 21 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT, AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBGRANT AGREEMENT NOT TO EXCEED $200,000 FROM THE CITY OF NATIONAL CITY, AND AUTHORIZING THE ESTABLISHMENT OF APPROPRIATIONS AND THE CORRESPONDING REVENUE BUDGET FOR THE REMEDIATION OF HAZARDOUS MATERIALS AT 2100 HOOVER AVENUE — WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT PROJECT WHEREAS, the City of National City has been granted $1,000,000 by the United States Environmental Protection Agency ("EPA") to assist with the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, the Community Development Commission -Housing Authority owns a contaminated property located at 2100 Hoover Avenue, and has applied to use said grant funding for necessary remediation; and WHEREAS, the EPA has determined that the site and Community Development Commission -Housing Authority are eligible to use a sub -grant of up to $200,000 from the city of National City's grant funds to perform said remediation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby accepts the grant and authorizes the Chairman to execute the Subgrant Agreement by and between the City of National City and the Community Development Commission -Housing Authority of the City of National City granting an amount not to exceed $200,000 for remediation of hazardous materials on the site at 2100 Hoover Avenue. PASSED and ADOPTED this 18th day of March, 2.014. ATTEST: Leslie Deese, Secretary POVED AS TO FORM: CI General C Silva Ron Morrison, Chairman Passed and adopted by the Community Development Commission — Housing Authority of the City of National City, California, on March 18, 2014 by the following vote, to -wit: Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Housing Authority Secretary, Housing Authority By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-21 of the Community Development Commission — Housing Authority of the City of National City, California, passed and adopted on March 18, 2014. Secretary, Housing Authority By: Deputy COMMUNITY DEVELOPMENT COMMISSION HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY , , . , - AGENDA STATEMENT alEETING DATE: March 18, 2014 AGENDA ITEM NO.26 ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City accepting a grant, authorizing the Chariman to execute a Subgrant Agreement not to exceed $200,000 from the City of National City, and authorizing the establishment of appropriations and the corresponding revenue budget for the remediation of hazardous materials at 2100 Hoover Avenue - Westside Infill Transit -Oriented Development project funded by the U.S. E, vironmental Protection Agency. PREPARED BY: Carlos Aguirre, Community Dev. Mgr PHONE: 336-4391 EXPLANATION: On October 1, 2009, the US Environmental Protection Agency (EPA) granted the City $1,000,000 to establish the Revolving Loan Fund (RLF) for the remediation of sites contaminated with hazardous materials and/or petroleum. Under the terms of the EPA grant, eligible recipients can receive subgrants for the remediation of eligible sites. The Westside Infill Transit -Oriented Development project will require environmental remediation with an estimated budget of over $1,500,000 for site remediation, demolition, and soils removal. DEPARTMENT: Plan / Housing, Grants, & Aanagement APPROVED BY: The EPA has reviewed and approved the eligibility of the site and the proposed subgrant of up to $200,000 for remediation on the Phase I site (109 units), which is owned by the Community development Commission -Housing Authority. FINANCIAL STATEMENT: APPROVED: (at,U Finance ACCOUNT NO. Revenue 001-09596-3498 Environmental Protection Agency RLF- Other Federal Grants Expenditure 001-409-500-598-1596 WI-TOD Site Remediation ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: Proposed subgrant agreement. EPA SUBGRANT AGREEMENT (Westside Infill Transit -Oriented Development Project) This EPA Subgrant Agreement (Westside Infill Transit -Oriented Development Project), dated for purposes of identification only as of March 18, 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 of the City of National City, a public body, corporate 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 soil 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 redeveloped 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 SUBGRANTEE 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 "C", which has been approved by the CITY. 7. 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. 10. The SUBGRANTEE shall carry out the Mitigation Project in accordance with the Davis -Bacon Act of 1931, which requires payment of Federal prevailing 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. All 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 term 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. All 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: CITY OF NATIONAL CITY City Manager 1243 National City Boulevard National City, California 91950 To the SUBGRANTEE: HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY Executive Director 1243 National 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 oral. 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: , 2014 By: Ron Morrison Mayor APPROVED AS TO FORM: By: CLAUDIA GACITUA SILVA City Attorney Dated: "SUBGRANTEE" COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, a public body, corporate and politic , 2014 By: Ron Morrison Chairman _POTH STREET 40' 40', 40': NOT A PART OF THIS SUBDIVISION 40' EXHIBIT A PROJECT LOCATION 40' I9TH STREET 40' OT A PART OF THIS SUBDIVISION AO MOTH STREET 1 mrnw RrRbr �4i PARCEL 3 5;A ACRES ZOOS: MO-1 Vat U& COYYI'AC'N RESOD 1k HOOVER TO BE DEDICATED HOOVER TO BE VACATED HOOVER TO REMAIN Rw M�1'bt 0' 40' IMsi YOTH STREE VACATED__ 40' T I4 PARCEL 2 9xl0] SO f'T. T1% ACRES YO-] YUTA-USE 1 CMSROAE RESRIInk I I i 1 HOOVER TO BE VACATED .11 1 11 1 QiiTan 1 Naa. INr1. arT•T.a�—,-� Rivsln f0HARDBE VACATEDC Warm PARCEL 1 10%15.1 Si. R. L13) AOES NNE: YO-7 YO.1-USE CO KRCAL RES0O117. 40' 40_ 22ND STREET 40' 40' 40' 2IST STREET1 R{ 1 40' 40' EXHIBIT B LEGAL DESCRIPTION REAL PROPERTY IN TIECI1Y OF NATIONAL CRY, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, DESCRIBED AS FOUM6, PARCEL 1: PORTIONS OF BLOCKS 107 86 85 AND 108 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO RECCOORATE DER OF FSAID SAN DIEGO�COUNNTYG TO Y,OCTTOTHEREOF NO. 88 . tOGEETTHER WITH PORTION OF COUNTY 1 ST ' Siitti VACATED AND COOUDGE AVENUE VACATED DESCRIBED AS FOLLOWS:. BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 107 AS SHOWN ON THE ABOVE REFERENCED MAP SAID POINT ALSO BEING A POINT IN THE NORTHERLY RIGHT OF WAY UNE OF 22ND STREET, HAVING A HALF RIGHT OF WAY WIDTH OF 40.00 FEET' THENCE EASTERLY ALONG SAID LINE NORTH 7716'45" EAST 543.65 FEET ETgO� ANTANGENT CURVE, SAID CURVE CONCAVE NORTTHF WEST HAVING A RADIUS OF 220.00 27.2b CTO AOCOMP�INSU� HCUEST WITH A2RAD USARC Iwo 7 FEET AND A RpADIIAL SOUTH 84'2211'25' W5T;18 'PENCE ALONGO�SAIID�CURVVE THROUGH A CENTRAL HOOVER AVENU� A HALF WIDTH FWOO"A"; FEET; THENCE NORTHEliLY ALONG SAID RIGHT OF WAY NORTH 1745'42 WEST 61.65 FEET TO POINT A ; THENCE LEAVING SAID RIGHT OF WAY SOUTH 7T12'08 WEST 182.86 FEET; THENCE NORTH 1T43'08" WEST 352.88 FEET TO POINT "B ; THENCE �SgOU4TH 19'y34�'38" gWpEST 154.26 FEET;pTHENCESOUTH20'46'08" WE�STT 1100.5p2�FEET; THENCE SOUTH HAVING A FIALF WIDTH O52 F40.00 FEET;ITTHENCE SO LY RIM' SAID RIGHT OF WA GSE 1748'28' EAST 74.46 TO THE POINT OF BEGINNING. 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 Total Sources-WITOD Demolition, Remediation, & Soils Removal $ 200,000 $ 850,000 $ 463,000 $1,513,000 RESOLUTION NO. 2014 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT, AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBGRANT AGREEMENT NOT TO EXCEED $200,000 FROM THE CITY OF NATIONAL CITY, AND AUTHORIZING THE ESTABLISHMENT OF APPROPRIATIONS AND THE CORRESPONDING REVENUE BUDGET FOR THE REMEDIATION OF HAZARDOUS MATERIALS AT 2100 HOOVER AVENUE — WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT PROJECT WHEREAS, the City of National City has been granted $1,000,000 by the United States Environmental Protection Agency ("EPA") to assist with the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, the Community Development Commission -Housing Authority owns a contaminated property located at 2100 Hoover Avenue, and has applied to use said grant funding for necessary remediation; and WHEREAS, the EPA has determined that the site and Community Development Commission -Housing Authority are eligible to use a sub -grant of up to $200,000 from the city of National City's grant funds to perform said remediation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby accepts the grant and authorizes the Chairman to execute the Subgrant Agreement by and between the City of National City and the Community Development Commission -Housing Authority of the City of National City granting an amount not to exceed $200,000 for remediation of hazardous materials on the site at 2100 Hoover Avenue. PASSED and ADOPTED this 18th day of March, 2014. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel