HomeMy WebLinkAbout0625.093'\
Decembar 9, 1993
HONOP..A:BLE CITY CO'UliCIL
Palo Alto, California
Amendment to Agreement with the C_ounty of Santa Cle.ra to Carry
Qut Site Pr:parat1on Work for a New Cnildren'~_Shelter project
with the City'" Comrmmity pevelo~t Block Grant (CDBG) P1J,p.d.a
Members of the Council:
lIEPORT IN BUEP
Council ac-cion is reguet:::ted to approye the attached amendment to
the agreement with the County of Santa C13ra extending the term
of the agreement providing City of Palo Alto CDBG funds for
construccion of a ne~ Children's Shelter. The extension is
through March 3~, 1994.
IIACltGROllND
On Decembef 7, 1992, Council approved an agreement ~ith the
County of Santa Clara, which provided CDBG funds in the amount of
$72,500 for site preparation services to construct the County's
new Children's Shelte= project located at 4455 Union Aven'.le, San
Jose I California+ The agreement is due to expire on December 31.
1993 >
Although the site preparation work has been completed and
inspected, che County has requested an extension of time in order
to have the County Board of Supervisors formally accept the work,
procesl;; the requisite paperwoI'k:~ and approve the final payment to
the contractor. Due to scheduling difficulties, tne amendment
cannot be signed by the county Board of Supervisors ur,til their
regula~ly scheduled meeting of January 4/ 1994.
CMR.:625:93
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Staff recorruneflds that. Council approve the amendment ;:'':-th~
a9ree~ent ~ith the Councy, extending the tc~ through March 31,
1994. and authorize the Mayor to ~x~cute the approprla~e
docu.m~nt:$.
Respectfully suhmit.ted.
/i J 11'.// <,-~i-k'--"~<' i. t-
SVl!Alffll'; RICAARDS
CD'SG Ccordinac.or
-Y. .11° ..... ,' l
fl .. l:'; :i.,.( l"-I I . F -J... /;'~~-I-~ _
KENNE1~ R. SCHREIBER/
Oi:rector of Pla!"J1ing and
Community E.nvi-romtlenc
Attachmcn,:~ Amendment. to Agr4gcemt'!ut 'Iolith Ct>'Jcty of ,Santa Clara
ce t Nancy wiener. Project Director. Ne\ol-' Cbildr€l'!' s Shel t-er
cnno Citizens Advisory Commi~t~e
1-2/13/93
Page 4
l\MZNDMENT NO. 1 TO CON'l"1lJl,.CT NO. C303U85
BETWEEN "1'I!E CITY OP PALO ALTO AND THE
COtlNTY OP SlomA C!JIRA TO CARRY OUT TIlE
SITE PRBPARATION Foa A NEW CHILD~Si SHELTER
PROJECT FOR THE 1992-93 COMMUNITY DZVELOPMENT
BLOClt GRANT PROGRAM
THIS AJt.1£NDr-'.F..NT to Contract No. C3C38435 js 1'1'.ade: a.nd
entered into this ___ day af _~ 159 ___ , by and
between thf: CITY OF PALO ALTO, a municipal ccrporation of
California, hereinaf~er referred to as welTY, ~ and th~ COUNTY CF
SANTA CLAAA, a county corporatio:r~ organized and existing by
virt:.lE! of the laws of the State cf Califcrr.ia, he.rei"nafter
referred to as '" COlJNT¥";
l!. E CIT ~_S,
WHE..q£AS1 Contract No. C303B48S was previously entered
into between CITY and CO-m.'TY to carry out site preparation for a
new chi.ldrens· shelter proj ect; "md
WHEREAS, the parties may agree to amend said agreement
from time to t irne;
NOW. THBP~FORE. in consideration of their mutual
covenants, the parties hereto agree as follows~
SEC'TION 1. The: fe·llolliing Subsection 4 (A) of
Contract No. C3038485 is hereby amended tr::-read as follows;
A. Method of Payment
CITY she.ll reimburse COUNTY for all allowable
costs and expenses incurred in accompli shing the
PROJ"ECT commencing ,January 1, 1993 and ending
March 31, 1994, or other closing date determined
by CITY, not to exceed the total sum of Seventy
two Thousand Five Hundred Dollars ($72, SOO) except
that CITY may~ at any time and in its absolute
diecretion, elect to suspend or terminate payment
to COUNTY, in whole or in part, und~r this
AGkE~TT or not to make any particular payment
under this AGREEMENT in the event of
ur,satisfactory performance on non-compliance.
Subject to stmmiasi~n of appropriate invoices and
other documentation, reimbursement sh~ll be for
site preparation work progress as specified in the
Site Preparation Contract or ot.her items as
specified in Exhibit ·B~.
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SECTIQli 2. The following Exhibit "B" to Cont.ract
No. C303B4BS is hereby amended to read as set forth in the
following exhibit attac.hed to this Amen;!merlt. and incorporated in
full by this reference:
Exhibit "E· entitled "C ... "l1..lnty cf Sa.nta Clar2 New
Children's Shelter Budget and Basis fer Reimburseroent.~
SECTION 3. ~xcept as hereir: rr.odified, all other
provisions of and E:xhibits to said agreement shall re"1iair. j n full
force and effect.
IN WITNESS WHEREOF, the pa_rties hereto have exe;:uted
this A!nendment the day and year first above written.
CITY OP PALO ALTO
Date:
ATTEST:
Date , _________ _
APPROVED AS TO FORM,
APPROVED:
City Manager
City Auditor
COtlNTY OF SANTA CLARA
Chairperson
Board of SuperViS0l"S
Date: ____ _
ATTEST:
sy, _________ _
Date: ___ _
APPROVED AS TO FORM & LEGALITY:
2
Date : __________ .. _________ _
70 West Hedding Street
San Jose, CA 95112
Telephon~: 408/299-2424
Fax: 408/295-1613
•
DirectGr of Finance
Director of Pia~nin9 and -
Community Environment
Risk Manager
Attachments -Exhibit B: Budget
3
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EXHIBIT B
>,0= OF ~A CLARA
NEW CHILDREN'S SKELTER
BUDGET AND BAS I S FOR R.E I.MBURSEMEN'T
Cost Catego.ry $i2,500
2. Actual Co~t Basis
A. For all expenses paid to the PSC. CO~~Y will provide
a!1 itemized invoice verifying expense.
3. Basis for Reimbursement
~. Within t-.;enty eight. (28) calendar days of the
commencement of construction of the PROJECT, CITY shall
deposit SI.xT!~· FIVE T".rIOUS.~ TWO WJNDRED FIFTY DOLLARS
($6:,,2S0} into a constl:uction PRO,JEC'f account
designated by CO~~Y.
B. As COt,'J\7¥ pays the PSC for costs ir;.curred, it ""ill
certify to CI1ri it has paid the expenses and provid~
C!TY wi th a copy of the PSC invoice itemizing PROJECT
costs.
C. If, within 150 calendar days of the deposit of CITY
funds into the PRO.JECT accO\..i.nt designated by COUNT":l.
CITY has not received from COUNTY certification~6}.
wich documentation, indicating that the full amou~t
($65,250) of the deposited funds have been incurred as
PROJECT costs, CITY may, at its sole option, withdr-aw
some or all of the reme>.ining fOunds. Notwithstanding
any withdrawal of funds by CITY under this paragraph,
CITY f~~ds in the appYopriated amoun~ \$72~5aO) shall
remain committed to the PRCAiECT for the full
utili2ation period (January 1, 1993 to March 31~ 1994)
of this AGREEMENT and be available to COUNTY for
r~imburBement of PROJECT costs incurred.
D. ~q the third largest contributor of COBG funds for this
project, CITY shall be the third CDBG recipient whose
deposited funds are tapped to pay PR~TECT construction
costs.
E. C!TY shall pay the remaining SEVEN THQUS,M"'D TWO HTJNDRED
FIFTY DOLLARS {$7,250} within twenty eight (28)
calendar days of receipt of final invoice from COUNTY
1
and documentat.ion from Cor.~"'TY derr.o:,st:rat:1n~ that the
Notice of Project Completion [.as been :::ecorded with thE
County Recorder fer at least 'Chirty five (35) calend3.r
days prior.
F. If the final PROJECT costs are less than the SLt!1
appropriated to the PROJECT by all CDBG recipients,
COUNTY shall reimburse CITY a proportionate percentage
of CITY appropria1:ed funds equal to the percentage of
total PROJECT CDBG funds net expended.