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HomeMy WebLinkAboutReso 1983-11256 RESOLUTI ON NO. 11256 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ASSOCIATION FOR RETARDED CITIZENS, SAN DIEGO COUNTY FOR THE EXPANSION OF THE ST ARLI GHT CENTER WHEREAS, the Association for Retarded Citizens, San Diego County operates the Starlight Center, located at 1280 Nolan Avenue, Chula Vista; and, WHEREAS, this center is used for the training of retarded persons, all of whom are of low and moderate income; and, WHEREAS, a 10,400 square foot expansion of the Starlight Center will enable the Association for Retarded Citizens to serve these persons more effectively; and, WHEREAS, the City's 1981-82 Block Grant program includes the amount of $72,000 for this expansion; and, WHEREAS, an agreement with the Association for Retarded Citizens is attached to and incorporated in this resolution. BE IT, THEREFORE, RESOLVED, that the attached agreement is herehy approved, and the Mayor authorized to sign on behalf of the City. Presented hy Approved as to form by ~0~ Paul G. Desrochers, Community Development Director /~--"V\ /) / /(/~--::" . . / j./ - / --< '-~'-~/ /L.~-{/). . [ George D. Llndberg, City Attorney ," /" WPC 0038X ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of May 19 83 , by the following vote, to-wit: AYES: Councilmen Scott, Cox, Malcolm, Moore, McCandliss NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None Ra, City of ChuZa Vista ATTEST ,/'" r/l-U.t.AA--~ J 11 {J'(J- d.~-LLtL..!-.L ec<- Deputy City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO SSe CITY OF CHULA VISTA I, PATRICIA A. GUARDACOSTA, DEPUTY CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a fuZl, true and correct copy of RESOLUTI ON NO. 11256 and that the same has not been amended or repealed. DATED Deputy City Clerk (SEAL) -660 (pag) Revised 4/19/83 A G R t E MEN T THIS AGf<EEMfNT is made by THE CITY OF CHULA VISTA, a municipal corporation, herein called "City", and ASSOCIATION FOR RETARDED CITIZENS, SAN DIEGO COUNTY, herein called "Agency". RECITALS A. City has entered into a Grant Agreement with the Oe~artment of Housing and Urban Development to carry out the 1981 Seventh Program Year Community Development Block Grant Program within the City of Chula Vista. B. Agency desires to construct a 25,000 square foot two story addition to the building structure located at 1280 Nolan Avenue, Chu1a Vista, Ca-lifornia, herein called "Project". NOW, THEREFORE, IN CONSIDERATION of the recitals and the mutual obligations of the parties as herein expressed, City and Agency agree as follows: SECTION 1. General Purpose In conformance with its Block Grant Program, City wishes to assist Agency in the financing of the Project, which will help Agency in the performance of its activities of assisting retarded persons, most of whom are of low and moderate income. SECTIUN 2. Definitions As used in this Agreement: A. "Agency" means the Association for Retarded Citizens, which shall continue to have the responsibility for administering the i r pro gram s . B . II Pro j e c t" mea n s the con s t ru c t ion 0 fan add i t ion to the structure located at 1280 Nolan Avenue within the City of Chula Vista owned by the Association for Retarded Citizens. C. "HUD" or "Department" means the Secretary of the Department of Housing and Urban Development, or a person authorized to act on his/her behalf. D. "CD~G" means Community Development Block Grant. E. IlContractor" means any entity, other than an agency (exce~t as noted in the Labor Standards Provision) that furnishes to City or to any agency services or supplies (other than standard commercial suppl ies. office space or printing services). F. "Program" means the Chula Vista Community Development Block Grant Program as embodied in the CityOs 1981 Seventh Program Year CDBG Application as amended and authorized by Resolution No. lU681 dated November 3, 1981 and approved by HUD on December 7, 1 981 . ~,1_/102.S- h - 1 - EXHIBIT I G. "City" means the Council of the City of Chula Vista acting through its chief administrative officer, the City Manager, herein called "Manager". SECTION 3. Scope of Services and Tentative Schedule. A. The construction budget for the Project from CDBG funds shall not exceed SEVENTY TWU THOUSAND DOLLARS ($72,000) and shall be utilized for the following: Communications System Elevator Installation Temporary Trailer Removal Carpet, Vinyl & Ceramic Tile Driveway and ~lacktop Burglar and Fire Alarm Concrete ~Jork $19,268.53 19,869.00 1,350.00 13,597.00 6,356.00 4,992.00 7,500.00 All costs exceeding $72,UOO.OO shall be paid by the Agency. ~. All surface property shall drain directly to a public street, per Chula Vista drawing #71-660 or alternative approved by the City Engineer. C . Arc hit e c t s h all 0 b t a i n all n e c e s s a ry perm its for Project. All necessary permit fees will be waived by the City. SECTIUN 4. Time of Performance The services of Agency, as set forth herein, shall commence May 25,1983 and shall be undertaken and compl eted in such sequence as to assure their expeditious completion in light of the pur~oses of the Agreement and shall be as close as possible to the Budget as outlined in Section 3(A). SECTIUN 5. Rights of Entry Agency shall allow City to enter Project area at any time during the course of this Agreement. StCTIUN 6. ~ights of Inspection Agency agrees to permit HUD and City to inspect all buildings and records and to perform or require audits the City reasonably desires concerning any aspect of the Project and fur the r to allow s aid r e cor din s p e c t ion for ape r i 0 d 0 f t h r e e (3) years following completion of Project. SECTIUN 7. Hold Harmless Agreement City and its agents, officers and employees shall not be nor be he 1 d, 1 i a b 1 e for any c 1 aim s, 1 i a b i 1 i tie s , pen a 1 tie s, fin e s or forfeitures, or for any damage to the goods, properties, or effects of Agency or of any other person whatsoever, nor for personal injury to or death of them or any of them, whether caused by or resulting form any negligent act or omission of Agency or --t: I \:i- ~ ~; -2- Ayency's agents, employees or representatives. Agency further agrees to indemnify and to save free and harmless City and City's agents, officers and employees against and from any and all of the foregoing liabilities and any and all costs or expenses incurred by City on account of any claim therefor, includi ng but not limited to, claims by reason of defects in the plans and specifica- tions. Agency agrees to assume the foregoing obligations and liabilities by which it is intended by both parties that Agency shall indemnify and save City free and harmless from all claims arising by reason of the work done or by reason of any act or omission of Agency or Agency's agents, employees or representatives. SECTION 8. Insurance Agency shall obtain and maintain in full force throughout the term of this Agreement a professional liability insurance policy (error and omission insurance), in the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000), a true copy of which shall be furnished to City prior to the commencement of work on the Project. The insurance policy shall provide that the insurance com p a ny S h all not term i n ate, can c e 1, 0 r 1 i m its aid pol i cy in any manner without at least fifteen (15) days prior written notice thereof to the City. SECTION 9. Compliance with Federal Regulations. The Agency agrees to comply with the following Federal regulations as they may apply to Project. The regulations are incorporated herein by reference. Flood Disaster Protection Act of 1973 (P.L. 93-234) HUD Lead-based Paint Regulations, 24 CFR Part 35 Clean Air Act, as amended, 42 USC 1857 et seq. Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Regulations of Environmental Protection Agency, 40 CFR Part 15, as amended Federal Labor Standards, 29 CFR Parts 3, 5 and 5a of Department of Labor Federal Management Circular 74-7 - Uniform Administrative requirements for Grant-in-Aid to States and local government SECTION 10. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ---) ,- -- 1< - \ I ,j ') (:, -3- SECTIUI~ 11. Termination City reserves the right to withhold funds and to terminate this Agreement upon thirty (30) days notice to Agency if Agency violates any of the terms of the Agreement. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities This Agreement is subject to the requirements under Section 3 of the Housing and Urban Development Act of 1968: SECTION 12. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development of 1968, as amended, 12 use 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and applicable rules and orders of the De~artment issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workerso representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in vi 0 1 a t ion 0 f reg u 1 at ion s i s sue d by t t1 e S e c r eta ry 0 f H 0 u sin g and Urban Development, 24 CFR Part 13~. The contractor wi 11 not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. -) , .1\ -- (I a .~{) -4- E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and as s i g n s . Fa i 1 u r e to f u 1 f il 1 these r e qui rem e n t s s h all sub j e c t the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 1 35. SECTION 13. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Agency shall cause or requi re a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The City, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. SECTIUN 14. Contracts Subject to Executive Order 11246, as Amended Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprentice- ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. ~ . /' .~..... \IJ~\O -5- B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers. compensation representatives of the contractorOs commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. E. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules, regulations and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the contractorOs noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further government contracts or federally-assisted construction contract procedures authorized in Executive Urder 11246 of September 24,1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by 1 aw. G. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragrajJhs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. -6- ~, 119 $-6 The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally-assisted construction work. The Agency agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules and regulations, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Agency further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally-assisted construction contracts pursuant to the Executive Order and wi 11 carry out such sanctions and penalties for violation of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart 0 of the Executive Urder. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the foll owi ng act ions: Cancel, termi nate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Agency; and refer the case to the Department of Justice for appropriate legal proceedings. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year hereinabove set forth. THE '"'" Chula Vista - 1: ~(. :.!k~ d.{/tU.td;i: Clerk ASSOCIATION FOR RETARDED CITIZENS /x; {t~~ f;J ~~ May 0 r g,)s/ 1(,1 c"S <} A .vrl1 l/llI 5. rA:..rt-rlJ .e.. ATTEST 4Z~~ City Attorney -R - I I if S--G' -7-