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HomeMy WebLinkAboutReso 120-1984 RESOLUTION NO. 120-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF FOUR AGREEMENTS BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreements. The Agreements entitled (a) "Agreement to Provide Funds for a Handicapped Access Program"; (b) "Agreement to Provide Funds for Improvement of the Spruce Gymnasium"; (c) "Agreement to Provide Funds for Improvement of the Senior Center in the Municipal Services Building"; and (d) "Agreement to Provide County Housing and Community Development Funds for a Feasibility Analysis of Magnolia Center" are hereby approved, and a copy of each of said agreements is attached hereto as Exhibits "A, through "D", respectively. 2. Execution of Agreements. The Mayor is hereby authorized to execute said Agreements on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 8th day of Auqust , 1984, by the following vote: AYES: Councilmembers Mark N. Addieqo, Emanuele N. Damonte, Richard A. Haff~v, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: EXHIBIT "A" TO RESOLUTION NO. 120-84 AG~ TO PROVIDE FUbDS FOR A HAN~ICAPPWn AO2ESS PROGR~4 THIS AG~, entered into this ~ ~ day of ~ ~-~ ~,F , , 1984, between the OOUNTY OF SAN MAT~0, a political subdivision of the State 'of California, hereinafter referred to as "County" and the CIT~ OF SOUT~ SAN FRAS~ISCO, a duly incorporated city within the County of San Mateo,-here-- '~ inafter re~erred to as "City", .. · W~, the Housing and ~ity Develcpment Act of 1974, Public Law i' 93-383-, enacted August 22, 1974, and the Housing and Community Develolmm~nt Act .' of 1977, Public Law'95-128, enacted October 12, 1977, both provide for the' i~ distribution of federal funds through the process of ~unity development · i! block grants to eligible public entities; ar~ WHEREk~, those public entities which, are eligible to recieve said funds '" 'hold harmless' public ~ are-cities with a populaticn in excess of 50,000, ~. entities, and urban counties; and -, WHEREASr public entities that do not otherwise come within the definition .. · ~i. of an eligible public agency may cooperate an~ participate with an eligible i" public entity such as an urban county; and · Wi~EREAS, a Cooperation Agreement by and between City and CountyI · i: establishing the formal relationship to cooperate and c~participate, as .. specifically authorized under the provisions of C~vernment Code Section 6502 ' '~ and 26227, for fiscal years 1982, 1983, and 1984, was entered into by County i! and City on November 24, 1981; ..~ .. ~'~ NOW, THEREFORE, the parties hereto agree as follows-. 1. The terms and conditions of the Cooperation Agreement, entered into .. by and between the County and City, are incorporated by reference as if fully .. set forth herein. 2. Contract Term: This contract shall coherence on July 1, 1984, 'and shall terminate on June 30, 1985. · 3. Purpose of Agreement: The purpose of. this Agreement is to set forth . the respective duties and responsiblities Of County an~ City with respect to the' provision of handicapped ramps and/or accessible restrooms to the following park buildings in South San Francisco: Siebecker Center, 510 Elm Court; Orange Park Building, Orange and Tennis Drive; Scout Cabin, Orange park; Orange Park Restroom; Paradise Valley Park Building, Hellside Bodlevard · and School Street; and Orange Pool, Orange and Tennis Drive. The provision of · handicapped access to these six buildings shall hereinafter be referred to as · "project". 4.. Contract Amount: The maximmn amount payable by Oountf .for the project Shall be $27,000. In addition, the City s~all contribute at least · $27,000 toward the cost of the project. In the event that, for any reason, the ammmt payable to anY and 'all sources in order to complete the project exceeds $54,000, City shall pay all such amounts-in excess of $54,000. 5. City's Responsibilities: - City shall hire an architect to prepare plans and/or specifications for the project, citY shall submit said plans and specifications to County for review and approval- City shall select a construction contractor through a ccmpetitive bid process, in accordance with City's standard bid procedures. City shall obtain County's approval o~ all bid documents prior to making said bid document available to the public. City shall monitor all construction work performed, and shall asSUre that t~. ~rk · is in compliance with all applicable federal, state, and local laws, including but not limited to 'federal labor standards and equal opportunity provisions. 6. County's' Responsibilities: County Shall have the respcnsibility of monitoring all actions by city to determine compliance with applicable state and federal laws, and shall have the right to inspect all work perfo~ under this contract to assure that the work is eligible for Block Grant assistarp~, and is performed in a workmanlike manner. 7. Payment: Payment by County to City shall be made on a reimbursement basis upon claims for reimbursement being submitted by City to County }{CD. Requests for reimbursement shall be made according to County HCD procedures. -2- 8. 'Breach of Contract: Any material deviation by C.ity for any reason from the requirements of the'applicable state and federal laws shall constitute a breach of this contract, a~d may be cause for termination at the electic~ of County or at the direction of the U.S. Department of Housir~ and Urban Development (HUD). County may terminate this contract for cause by giving seven calendar days written notice thereof to City. San Mateo County reserves the right to waive any and all breaches of this contract, and any . . . such waiver shall not be deemed a waiver of all. previous or subsequent breaches. In the event County chooses to waive a particular breach of this ~ oontract, it may conditicn sam~ cn payment by City of actual damages occasioned by such breach of contract and shall make every effort to resolve the sane quickly and amicably. 9. Contract Termination: In the event City is unable to fulfill its re~iblities under this contract for any reason whatsoever, including circumstances beycDx] its control, County may terminate this contract in Sole or in part in the sam~ manner as for breach hereof. . 10. Assignability: Neither this Agreement, nor any of the ~igbts, cbligations~ and responsibilities thereunder, may be assigned to any third party by either party hereto. 11. Project Representation: County and City hereby designate the following agents to'act as project representatives in the matters dealing with the performance of work under this contract: Mark C. Nelson, Director Housing and Community Development Ommty Government Center Redwood City~ CA 94063 city: Lyle W. Morton Director of Parks and Recreation .City of Scuth San Francisco P.O. Box 711 South San Francisco, CA 94080 IN ~ WHEEBOF, the parties hereto have executed this Agreement the day and. year first above written. CITY OF SOUI~ SAN FRkNCISO0 ATTEST: - it~y~Clerk ! A-11e: 6/84 EXHIBIT "B" TO RESOLUTION NO. 120-84 AG~ TO PRDVIDE FUNDS IMPRO~ OF THE SPRUCE ~,SI~I THIS AGP~, entered into this 1984, between the (DUNTY OF SAN MATfI), a political subdivision of the State of California, hereinafter referred to as "County" and the CI'I~/ ~ .SO~ SAN FRg~ISO2}, a duly incorporated city within the County of San l~t~o, .here- ~ inafter referred to as "City", ~HEREAS, the Housing ar~ Community Development Act of 1974, Public Law ~' 93-383, enacted /~gust 22, 1974, ~ the Housing ~ C.o~it¥ l~v~lo~_nt /~t "of 1977, Public Law 95-128, enacted Octd~er 12, 1977, l:~th provide for the :i distribution of federal funds through the process of coranunity development ii block grants to eligible public entities; and ,! ~. WHEREAS, those public entities which are eligible to recieve said funds are cities with a population in excess of 50,000, 'Pmld harmless' public i entities, and .urban counties; and · ~IERI~, public entities that do not otherwise con'~ with~ the definition of an eligible public agency may cooperate and participate with an eligible · ; :i public entity such as an urban county; and ii W/~EREAS, a Cooperation Agreement by and between City and County .. i establishir~ ~d'~e formal relationship to c'ooporate arrt ~i¢ipate, as ~' specifically authorized under the provisions of Government G0de Section 6502 · , ~ and 26227, for fiscal years 1982, 1983, and 1984, was entered' into by Coun~f and City cn November 24, 1981; " .~ Nf~, ~{EREfDRE, the parties hereto agree as follows: 1. The terms and conditions of the Cooperation Agreement, entered into !: by and between the County and City, are incorporated by reference as if fully :. set forth herein. i~ 2. Contract Term: This contract shall commence on July 1, 1984, and :~i shall terminate on June 30, 1985. 3. Purpose of Aqreement: Tne purpose, of this A~reen~.nt is to set forth · the respective duties and responsiblities of County and City with respect to i the improver of the Spruce Glar~a~ium~ located at 501 Spruce Avenue, South ~ San Francisco hereinafter referred to as "project". .~I 4. Contract Amount: The maximum auDunt payable by County for' the .~project shall be $100',000. In addition, $100,000 shall be contributed from ii ii local sources toward the cost of the project. In the event that, for any ~ reason, the amount payable, tx) any ar~ .all SOUrces in order to complete, the :i ~'~: project exceeds $200,000, City Shall pay all such taunts in excess $ 200, . · ~il 5' City's Responsibilities: - City shall hire an architect to prepare !i p!,n~ ~:t/or ~t:~ificatior~ for ~ project. City shall sul:anit sakl plar~ and i! specifications to County for review and approval."" city shall 'select '.construction contractor thrOUgh a competitive bid process, in accordance with City's standard bid procedures. City shall obtain County's approval of all bid documents prior to making said bid document available to the public. City shall mnitor ~ eonstruction ~:~rk perforned, ~ shall assure that the' work is in compliance-with all applicable federal,' state and local laws, incl..udin~ , but not limited to federal labor standards and equal opportunity provisions. 6. .County's Responsibilities: County shall have~ the responsibilit-y of monitoring all ac~i0ns by City to determine compliance 'with applicable state iand federal laws, and shall have the right to inspect all work performed under this o:mtract to ~.q~ure that the ~rk is eligible for Block Grant assistance, and is performed in a workmanlike manner. 7. Paymant: Payment by Oounty to City shall be ~ade on a reimburse~_nt i basis upon claims for ~eimbursement being submitted by City to County HCD. : . · l~=quests for reimbursement shall be rode accordir~ to County BCD procedures. 8. Breach of Contract: Any mter ia!- deviation by City for any reason from the requirements of the applicable state and federal laws-shall constitute a breach of this contract, and may be cause for termination at the .~ election of County or at the direction of the U.S. DePartment of Housing and i i' - Urban. Deve.lopment (HUD). County may terminate this contract for cause by' giving seven calendar days written notice thereof t/o City. San Mateo Cxma%tyit reserves the right to waive 'any and all breaches of this oontract, and any such waiver shall not be deemed a waiver of all previcus or subsequent breaches. In the event County chooses to waive a particular breach of this contract, it may condition sam~ on payment by City of actual damag{s occasioned by such breach of contract and shall make every effort to resolve · . the sam~ quickly and amicably. 9. Contract Termination: In the event City is unable, to fulfill ~its i~respogs, iblities under this contract for any reason whatsoever, ~luding circumstances beyond, its control, County may terminat~ this contract in whole or in part in the same manner as for breach hereof. 10. Assignability: Neither this Agreement, nor any of the r~.ghts, . obligations, and responsibilities thereunder, may be assigned to any_ third party by either party hereto. 11 Project Representation: County and City hereby designate the ' follcwi~ agents to act as project representatives in the matters dealing with the performance of Work this contract: under' County: Mark C. Nelson, Director Housing and Community Developmant County Gove~t Center ~ City, CA 94063 City: Lyle W. Morton Director of Parks and Recreation City of South San Francisco P.O. Box 711 South San Francisco, CA - 94080 IN WITNESS WHERfDF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: Clerk of Said Board OOUNTY OF SAN MATSO .V!C~-Chairma~ Boarl] Of supervisors ATTEST- CITY OF SOUI~ SAN FRANCISCO A-11f: 6/84 -4- EXHIBIT "C" TO RESOLUTION NO. 120-84 A~~f TO PROVIDE FUNDS FOR D4P~~ OF THE S~NIOR C~ER 1%] %~HE MUNICIPAL S~RVICES ~3ILDINX~ THIS AGREe., entered into this ~ day of 0~~ , i 1984, be~..~een the OD~ OF Sg2,1 1~~, apoiitical sul:rlivision of the State of ! California, hereinafter referred to as "County" and the CI'I~ ~ 8Or/Dt 8/~.Xl i ~,hl~ISCO, a duly incorporated city within the County of San l~ateo, 'here- ! inafter referred to as "City", -i -- WHEREAS, the Housing and ~ity' Development Act of 1974, Public Law 93-383, enacted August 22, 1974, and the Housing and Community Develotm~nt Act of 1977, Public Law 95-128, enacted October 12, 1977, both provide for the distribution of federal funds through the process of c(mmunity development block grants to eligible public entities; and ;~IEREk9, those public entities which are eligible to recieve said funds are cities with a population in excess of 50,000, 'hold harmless' public entities, and urban counties; and WHEREAS, public entities that do not otherwise come within the definition of an eligible public agency may cooperate and' participate' with an eligible public entity such as an urban county; and W/~EREAS, a Cooperation Agreement by and between City and County establishing the formal relationship to cooperate and oo-participate, as' specifically authorized under the provisions of Gove~nt fbde Section 6502 and 26227, for fiscal years 1982, 1983, and 1984, was entered into by County and City cn November 24, 1981; NC~, THEREFORE, the parties hereto agree as follows: 1. The terms and conditions of the Cooperation Agreement, entered into by and between the County and City, are incorporated by reference as if fully iiset forth herein-. 2. Contract Term: This contract shall con~ence on July 1, 1984, and shall terminate on June 30, 1985. · 3. Purpose of Agreement: Tne purpcse of. this Agreement is to set forth the respective duties and responsiblities of County and City with respect to · the impro~ement of the senior citizens center within the ~nicipal Services Building, located at 33 Arroyo Drive, South San Francisco, hereinafter referred to as "project". 4. Contract Am~t: The maximum amount payable by County for the project shall be $62,500. In addition, the City sha~l contribute $62,500 · . toward the cost of the project. In the event ~%at, for any reason, 'the a~r~nt · payable to.any and all sources in order to complete the project exceeds' $125,000, City shall pay all such amounts in excess of $125,000, · . . 5. City's ResPonsibilities: - City shall hire-an ard~itect to prepare plans and/or specifications for the project. City shall sukmit said plarm and specifications to County for review and aPProval. . Ci~ty shall select a construction oontractor through a competitive bid process, in accordance with City's standard bid procedures. City shall obtain County's approval of all bid documents prior to making said bid document available to the public. City shall monitor all construction work performed, and shall assure that the work is in compliance wi~h all applicable federal, state, and local laws, including but not limited to federal labor standards and equal opportunity provisions. 6. CountT's Responsibilities: County shall have the responsibility of m~nitoring all actions by. City to determine compliance with applicable state' and federal laws, and shall have the right to inspect all work performed under this contract to assure that the work is eligible for Block Grant assist, and is perfo~ in a w~r~ke manner. 7. Payment: Payment by County to City shall be made on a reimbursement basis upon claims for reimbursement being sutmitted by City to County HCD. ! l~/uests for reimbursement shall be made according to Gounty I~D procedures. 8. Breach of Gontract: Any material deviation by City-for any reason from the requirements of the applicable state and federal laws shall constitute a breach of this contract, and may be cause for termination at the election of County or at the direction of the U.S. Department of ~ousing and -2- Urban DeVelopment (HUD).' Gounty may terminate, this oontract for cause by · giving seven calendar days written notice thereof to City. San Mateo County reserves the right to waive any and all breaches of this contract, and any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event (bunty chooses to waive a particular breach of. this oontract, it may condition sam~ on payment by City of actual damages occasioned by SUch breach of contract and shall make every effort to resolve . . the same quickly and amicably. ~ · 9. · ODntract Termination: In tf~e event City is Unable to fulfill ~ts re~iblities under this contract for any reason whatsoever, in61uding · circumstances be~.c~d its control, County may terminate this contract in whole or in part in the same manner as for breach hereof. 10. Assiqnabilit¥: Neither this Agreement, nor any of the r]ghts~ obligations, and responsibilities thereunder, may be assigned to a_ny third party by either party hereto. 11. Project Representation: County and City hereby designate the following agents to act as project representatives in t_he matters dealing with the performance of work under this contract: city: Ma~rk C. Nelson, Director Hous~ and Community Development 'County Gove~t Center · Redwood City, CA. 94063 Lyle W. Morton Dir.ector of Parks and Recreation City of South San Francisco P.O. Box 711 South San Francisco, CA 94080 IN WITNESS WHERSDF, the parties hereto have executed this Agreement an the day and year first above written. Clerk of Said Board C~F SAN MATZO ¥ ~ ' d Of supervisors CITY OF SOU'IH SAN FRANCISCO ATTEST- ~~ty~ C]emk , ::,Il';' ., EXHIBIT "D" TO RESOLUTION NO. 120-84 AG~ ~T) PROVIDE COUS/I~ HOUSING AND ~TY []SVEID~ FUSDS FOR A FEASIBILITY ANALYSIS OF MAGSDLIA CE~ THIS AG~, entered into this 2nd day of October , 1984, between the ~ OF SAN MATZO, a political subdivisicn of the State of California, hereinafter referred to as "County" a~d the CITY OF SO[Y//~ SAN FRANCIS(X), a duly incorporated city within the County of San Mateo, here- inafter referred to as "City", WITNESSE%~.- ~EREA~, the Housing and ~ity Development Act of 1974, Public Law 93-383, enacted August 22, 1974, and the Housing and Conm~anity Development Act of 1977' Public Law 95-128, enacted Oc~ber 12, 1977, both provide for the · d{-~tributio~ of federal funds through the process, of c0~xm~nity development block grants to eligible public entities; and ~, those public entities which are eligible to recieve said funds are cities with a population in excess of 50,000, 'hold harmless' public ent. ities, and urban caunties; and · ~, public entities that do not otherwise come within the definition of an eligible public agency may cooperate and participate with an eligible public entity such as an urban county; and WHERFAS, a ODoperation Agreement by and between City and County establishing the formal relation.ship to cooperate and co-participate, as specifically authorized under the provisions of Government Cbde Section 6502 and 26227, for fiscal years 1982, 1983, and 1984, was entered into by County and City cn November 24, 1981; NC~, T~IE~E~DRE, the parties hereto agree as follows: 1. The terms and conditions of the Cooperation A~reement, entered into by and between the County and City, are incorporated by reference as if fully set forth herein. 2.' ODntract Term: This contract shall ~nce ca July 1, 1984, and shall terminate on June 30, 1985. 3. Purpose of A~reement: The purpose of'this A~reemsnt is to set forth the respective duties and reSPOnsiblities of Coun~ ar~ City with respect to the preparation of a feasibility analysis, including engineering and design services, for the Magnolia Center, located at Magnolia Avenue and Grand Avenue, South San Francisco, hereinafter referred to as the project. 4. Contract Amount: The maximum amount payable 'by County for the project shall be $25,000. In addition, the City shall contribute $25,000. · . toward the cost of. the project. In the event that, for any reason, the am~r~t payable to any and ~l~l sources in order to '~lete the project $50,000, City shall pay all such amounts 'in excess of $50,000. - · '5. City's ResPonsibilities: - The City has entered into an agreement with Group 4/Architecture, Research and Planning, Inc., dated September 1983, for the architectural, engineering, and related pr6fessional services for. the devel~t of a master plan for the Magnolia Center site. The. City shall ~onitor all work performed under the professional services-contract, suhnit copies .of the consultants work product to the County, and assure compliance with a]_l' appli~ble federal, state, and lOCal laws. The ~ consultant's work shall be in three phases. Phase I ~.s appraisal ar~ preliminary structural study. Phase 2 is a design alternatives study, and Phase 3 is a master.plan for the site. 6. C0untT's. ResDcnsibilitieS: County shall have-the respcnsibility of monitoring all actions by City to determine compliance with applicable state and federal laws,-and shall have the right to inspect 'all work performed under this contract to assure that the work is eligible for Block Grant assistance, and is performed in a workmanlike manner. 7. Payment: City. shall expend it's contribution for the project before requesting funds frc~ County. Payment by County to City shall be made on a reimbursement basis upon claims for reimbursement being submitted by City to County HCD. Requests for reimbursement shall be made according to County HCD procedures. -2- · 8. Breach of· Contract:· Any material deviation by City for any reason · fr~m the requirements of the applicable' state ar~ federal laws shall oonstitute, a breach of this 6ontract, and may be cause for termination at the electic~ of County or at the direction of the U.S. Department of I{ousirg and Urban Development (t{UD). County may terminate this contract for cause by givirg seven calendar days written notice thereof to City. San Mateo County reserves the right to waive any and all breaches of tJJis contract, and any · . such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event Gounty choo~s to waive a particular breach of' this contract, it may condition sam~ on payment by City of actual damages ~sioned by such. breach of contract and shall make.every effort to resolve the same quickly 'ar~ amicably. 9. Contract Termination: In the event City is unable to fulfill, its ? responsiblities under this contract for any reason whatsoever, including circumstances beyond its o~ntrol, County may terminate this contract in whole or in part in the sam~ manner as for breach hereof. 10. AssiqnabilitT: Neither this Agreement, nor any of the rights, obligations,' and r~sponsibilities thereunder, may be assigned to any third party by either party hereto. 11. Project Representation: County and City hereby designate the followirg agents to act as project representatives in the matters dealirg with the performance of work under this contract: City: Ma~rk C. Nelson, Director ~{ousing and (Immunity Development County Government Center Redwood City~ CA 94063 Lyle W. Morton Director of Parks and Recreation City of South San Francisco P.O. Box 711 South San Francisco, CA 94080 IN WITNESS WHERfDF, the parties hereto have executed this Agreement on the day and year first above written. ATTS~T: -' ATTEST- :, i' , . :, -~ A-11¢: o, . ! ! 'i i: :. ,; -4-