Loading...
HomeMy WebLinkAboutReso 1987-13371 RESOLUTION NO. 13371 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE FUNDING AND IMPLEMENTATION OF 1987-88 MONTGOMERY COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL PROJECTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista is desirous of implementing seven capital improvement projects in the Montgomery area; and WHEREAS, the County of San Diego has been granted $193,019 in Montgomery Community Development Block Grant funds to finance the seven projects; and WHEREAS, a contract agreement between the City and the County has been prepared to control County funding and City implementation of the seven projects, a copy of which is attached hereto and incorporated herein; and WHEREAS, the City is desirous of entering into said contract agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the contract agreement with the County of San Diego. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement. P res~~ ~ Approved as to form by P'aul G. Desrochers " Thomas J. Harron Community Development Director City Attorney WPC 3297H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th doy of December ..... 19 ~7 , by the following vote, to--wit: AYES: Councilmen Moore, Nader, Cox, McCand;Liss NAYES: Councilmen None ABSTAIN: C~J~ilmen None ABSENT: Councilmen Malcolm STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio, DO HEREBY CERTIFY thor the ebove end foregoing is o full, true end correct copy of RESOLUTION NO. 13371 ,end thor the some hos not been ornended or repeoled. DATED City Clerk CC-660 AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT This Agreement entered into by and between the CITY OF CHULA VISTA (hereinafter referred to as "CITY"), and the COUNTY OF SAN DIEGO, (hereinafter referred to as "COUNTY',), WITNESS ETH: WHEREAS, there has been enacted into law Public Law 93-383, the Housing and Community Development Act of 1974, the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; and WHEREAS, County as an "urban county,, as that term is used in the Act, is authorized to apply for and accept Community Development grants with respect to its unincorporated territory; and WHEREAS, County incorporated the projects described in Attachment "A" hereof (hereinafter referred to as the "Project") into the County's Application which was submitted to HUD; and WHEREAS, HUD has approved the County application for Community Development Block Grant funds; and WHEREAS, the City of Chula Vista has annexed the unincorporated area of Montgomery where the projects described in Attachment "A" are located; and WHEREAS, it is the desire of the City and the County that the Projects be implemented by the City; and WHEREAS, the City shall undertake the same obligations to the County with respect to the Projects in the County's aforesaid application for participation in the Community Development Block Grant Program; NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: City agrees to implement the Project described in Attachment "A" hereof (entitled "Scope of Work") fully in accordance with the terms of the application made by the County to HUD for funds to carry out the Project and the assurances (HUD Form No. 7068) which · were submitted concurrently with the application. The Application and CCSF NO. 70.01 k ~O(JNTY CO}~TRACT -~ assurances form is hereby incorporated by reference into this agreement fully as if set forth herein. City agrees that it undertakes hereby the same obligations to the County that the County has undertaken to HUD pursuant to said application and assurances. City agrees to hold County harmless against any indemnity which it may suffer with respect to HUD on account of any failure on the part of City to comply with the requirements of any such obligation. The obligations undertaken by City include, but are not limited to, the obligation to comply with each of the following: (a) The Housing and Community Development Act of 1974 (Public Law 93-383) as amended; (b) Regulations of 'the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.1); (c) Regulations of the Department of Housing and Urban Development relating to environmental review procedures for the Community Development Block Grant program (Title 24, Subtitle A, Part 58 of the Code of Federal Regulations, commencing at Section 58.1); (d) Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284); Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housing and Urban Development Act of 1968; Executive Order 11246; Executive Order 11063; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to implement that Act in the Code of Federal Regulations, Title 24, Part 42; (f) OMB Circular A-87 entitled "Cost Principles Applicable to Grants and Grants and Contracts with State and Local Governments', and OMB Circular A-lO2 entitled "Uniform Administrative Requirements for Grants in Aid to State and Local Governments.,, Reference is particularly made to the following appendices: (1) Appendix G of OMB Circular A-102 relating to financial management systems which meet Federal standards for fund control and accountability; (2) Appendix N of OMB Circular A-102 pertaining to property management; (3) Appendix O of OMB Circular A-102 relating to procurement standards; i - (4) Appendix B of OMB Circular A-102 relating to bonding and insurance; ~~ (g) The following laws and regulations relating to preser- vation of historic places: Public Law 89-665 the Archeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; (h) The Labor Standards Regulations set forth in Section 570.705 of 24 CFR, Part 570; (i) The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151); (j) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); (k) The Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart B; (1) The Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 15); (m) The City will adopt a policy consistent with B-39, "Minority Business Program Policy Statement,,, in order to insure that every effort is made to provide equal opportunity to every potential minority business vendor, contractor and subcontractor; (n) No member, officer or employee of the City, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification. %7i 2. COMPENSATIO__~N: County agrees to pay City as total compensation for implementing the Projects described herein project costs not to exceed the sum of $193,019. 3. COMPENSATION SCHEDULe: County agrees to pay City monthly progress payments upon certification and submittal by City of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Agreement. The balance due shall be paid upon certification by City that all of the required services have been completed. Payment by County is not to be construed as final in the event HUD disallows reim- bursement for the project or any portion thereof. 4. TERM: This agreement shall commence when executed by the parties hereto and shall continue in full force and effect until terminated as provided herein. The agreement may be terminated by either party after 30 days notice of intention to terminate has been given to the other party, provided, however, that no notice of termination given by City shall be effective unless HUD has agreed to release County from its obligations pursuant to the Projects. Alternatively, the agreement will be automatically terminated in the event that the United States Government terminates the Community Development Block Grant Program or terminates the Projects, which is the subject of the agreement. 5. TERMINATION OF AGREEMENT FOR CAUSE: City and County recognize that the County is the governmental entity which executed the grant agreement received pursuant to its application and that it has thereby become legally liable and responsible thereunder for the proper performance of the Projects. If through any cause City shall fail to fulfill in timely and proper manner its obligations under this agreement to undertake, conduct or perform the project identified in this agreement, or if City shall violate any of the covenants, agreements, or stipulations of this agreement, County shall thereupon have the right to terminate this agreement by giving written notice to City of such termination and specifying the effective date thereof at least five days before the effective date of such termination. Notwithstanding the above, City shall not be relieved of liability to County for damages sustained by County by virtue of any breach of the agreement by City and County may withhold any payments to City for the purpose of set-off until such time as the exact amount of damages due County from City is determined. City hereby expressly waives any and all claims for damages for compensation arising under this agreement except as set forth in this section in the event of such termination. Notwithstanding any other provisions of this contract, City, by entering into this contract and the~previous Cooperation Agreement, does not waive or impair to any degree whatever immunity from suit and/or damages to which it may legally be entitled. 6. CONTRACT ADMINISTRATION: The Director, Housing and Community Development shall administer this agreement on behalf of the County. The City Manager shall administer this Agreement on behalf of the City. City agrees to supply to County wi-thin a reasonable period of time after request, progress reports or other documentation as shall be required by the County's contract administrator to audit performance of this agreement. 7. RECORDS AND REPORTS: The City shall maintain records and make such reports as required by the Housing and Community Development Director to enable the County to analyze utilization of the City's program. All records of the City respecting the Projects shall be open and available for inspection by auditors assigned by HUD and/or the County during the normal business hours of the City. 8. INDEMNifICATION: The City agrees to fully indemnify, defend and save harmless the County against any and all loss, damage, liability,claim, demand, suit or cause of action resulting from injury or harm to any person or property arising out of or in any way connected with the performance of work under this contract, excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of the County. 9. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice or may be served by certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: CITY: COUNTY: City Manager Clerk of the Board of City of Chula Vista Supervisors 276 Fourth Avenue County Adminstration Center Chula Vista, CA. 92010 1600 Pacific Highway San Diego, CA 92101 IN WITNESS WHEREOF, the parties have executed this agreement on the year and day first above written. 4}7;~.,~k~ ...~ ~ .... ApprovedbytheBoardoiSupe,'v'somoi the County of San Diogo Clerk oi the 8orrc) ATTACHMENT "A" SCOPE OF WORK The City of Chula Vista is to implement certain projects funded under the Thirteenth-Year Community Development Block Grant Program within the Montgomery Area. The work to be accomplished consists of the following:.r 1. Installation of curb, gutter, sidewalk and cross gutters along the east side of Fifth Avenue and widen Fifth Avenue from Naples Street to Oxford Street. 2. The design, engineering and construction of 860 feet of 5 foot sidewalk along the north side of Moss Street from 400 feet west of Third Avenue to Fourth Avenue and on the east side of Fourth Avenue from Moss Street to 160 feet north of Moss Street. The work will also include the removal of 860 feet of existing A.C curb, and pedestrian ramp and trimming of trees and bushes. 3. Replace various broken sections of concrete sidewalk, curb and gutter in various locations within the Montgomery area. 4. Installation of 13 new 250 watt HPSV street lights on 28 foot concrete standards along Hermosa Avenue between Orange Avenue and Main Street. All wooden power poles will be removed. 5. Install 330 feet of 5 foot sidewalk and 50 feet of chain link fence along the south side of Orange Avenue between Second Avenue and Albany Avenue. 6. Design and engineering for the extension of existing drainage culverts north of Orange Avenue and east of Third Avenue to connect to existing triple 13'x 3' RCB with a transition structure. Concrete line existing natural channel south of Orange Avenue to existing double 9' x 4' RCB which crosses under Third Avenue. 7. Design and construction of concrete wheelchair ramps at various locations within the designated Block Grant Neighborhood Revitalization Areas. The construction work will be in accordance with the San Diego Regional Standard Drawings (May, 1986), the Standard peclflcatlons for Public Works (1985 Edition), and the Standard Special Provisions (January, 1986).