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HomeMy WebLinkAbout2015 CON California Dept of Housing and Community Development - Paradise CreekSTATE OF CALIFORNIA STANDARD AGREEMENT AGREEMENT NUMBER STD 213 (Rev 06/03) 14-HRPP-10358 REGISTRATION NUMBER This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME City of National City 2 • The term of this Agreement is: Upon HCD Approval through 09/30/2017 3 The maximum amount of this 3553,450.00 Agreement is: 4 The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A - Authority, Purpose and Scope of Work 2 Exhibit B - Budget Detail and Payment Provisions 2 Exhibit C - State of California General Terms and Conditions* GTC - 610 Exhibit D - HRPP Terms and Conditions 2 Exhibit E - Special Terms and Conditions 0 Exhibit F - Additional Provisions 0 TOTAL NUMBER OF PAGES ATTACHED: 6 pages Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at http://www.documents.dgs.ca.gov/ols/GTC-610.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, portnership,etc) City of National City BY (Authori?ed Signature) tt )lam. DATE SIGNED (Do not type) tlhtl)S PRINTED NAME AND TITLE OF PERSON SIGNING Leslie Deese, City Manager ADDRESS 1243 National City Blvd., National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Au rized S _nature) DATE SIONFD (Do not type) t ' 1' j - t PRINTE ME A LE OF PERSON SIGNING Lindy Suggs, Contracts Manager, Business & Contract Services Branch ADDRESS 2020 W. El Camino Ave, Sacramento, CA 95833 California Department of General Service Use Only NOV 2 3 2015 x Exempt per:SCM 4.04.A.3 (DGS Memo dated 6/12/81) EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Housing -Related Parks (HRP) Program Grant 1. Authority City of National City 14-HRPP-10358 Page 1 of 2 Pursuant to Chapter 8 of Part 2 of Division 31 of the California Health and Safety Code, commencing with Section 50700, as added by Section 1 of Chapter 641 of the Statutes of 2008, the State of Califomia Department of Housing and Community Development (herein referred to as the "State" or the "Department") has established the Housing -Related Parks (HRP) Program (the "Program"). This Standard Agreement (the "Agreement") is entered into under the authority of, and in furtherance of the purposes of, the Program as set forth in Health and Safety Code Section 50701. Pursuant to Health and Safety Code Sections 50702 and 50704.5, the State has issued a Notice of Funding Availability, dated December 10, 2014 (NOFA) and Program guidelines dated November 2014 (the "Guidelines") goveming the Program. 2. Purpose In accordance with the authority cited above, the Contractor has applied to the State for financial assistance (the "Application") in the form of a grant from the Program (the "Grant"). The State has agreed to make the Grant, as a financial incentive based on the issuance of housing starts, for housing units affordable to very low- and low-income households by the Contractor pursuant to the terms of the NOFA, the Guidelines and this Agreement. Based on the representations made by the Contractor in its Application, which is hereby incorporated as if set forth in full, the State shall provide a Grant in the amount shown below for the purpose of paying for capital improvement(s) related to the acquisition, rehabilitation, or construction of a Park and Recreation Facility. The State and the Contractor have agreed to enter into this Agreement in accordance with the terms and conditions herein, subject to all the provisions of the applicable statutes, the NOFA, the Guidelines and further subject to the State laws and requirements governing State contracts. Capitalized terms herein shall have the meaning of the definitions set forth in the Guidelines. 3. Scope of Work Improvements to Paradise Creek Park HRP Program Grant — Round 4 NOFA Date: 12/10/14 Rev. Date: 08/01/15 Prep Date: 08/18/15 EXHIBIT A Grant Timelines City of National City 14-HRPP-10358 Page 2of2 No work performed prior to the effective date of this Agreement or after June 30, 2017, shall be funded. The effective date of this Agreement is the date it is executed by the State, after execution by the Contractor. All funds must be requested from the Department no later than April 30, 2017. For the purpose of this Agreement, no funds may be expended after June 30, 2017. It is the responsibility of the Contractor to monitor the project and timeliness of draws within the specified dates. 4. Grant Amount The total amount of this Grant is $ 553,450.00. HRP Program Grant — Round 4 NOFA Date: 12/10/14 Rev. Date: 08/01/15 Prep Date: 08/18/15 City of National City 14-HRPP-10358 Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS HRP Program Grant 1. Allowable Uses of Grant Funds A. Grant funds shall only be used for projects approved by the State that involve the construction, rehabilitation, and/or acquisition of capital assets as defined by the California Govemment Code, Section 16727(a) that benefit the community within the Contractor's jurisdiction and as further set out in Section 108 of the Guidelines. Capital assets include tangible physical property with an expected useful life of fifteen (15) years or more, equipment with an expected useful Itfe of two (2) years or more, or major maintenance, reconstruction, or demolition for purposes of reconstruction and/or retrofitting work. B. Incidental expenses shall not be paid by Grant funds unless they are directly related to the construction or acquisition of an eligible capital asset. Such expenses include costs associated with planning, engineering, construction management, environmental impact reports, appraisals, site acquisitions, or necessary easements. C. Grant funds shall not be expended for the administrative costs of persons directly employed by the Contractor or for other "soft" costs that are not directly related to the construction, rehabilitation or acquisition of capital assets. 2. Performance Contractor shall take such actions, pay such expenses and do all things necessary to complete the Work specified in Exhibit A in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. 3. Fiscal Administration A. Term: The effective date of this Agreement is the date upon which it is executed by the State (the date stamped in the lower right portion of the Standard Agreement (Std. 213) through September 30, 2017. All funds must be requested by the Contractor by April 30, 2017 and expended by June 30, 2017. This Agreement shall terminate September 30, 2017. B. The Contractor shall make any and all request(s) for disbursement no earlier than ninety (90) days from the anticipated need for the funds, using the forms provided by the State. The forms will be made available at http://www.hcd.ca.gov/hpd/hrpp. The Contractor shall expend the funds within 90 days from the date of receipt from the State, or by June 30, 2017, whichever occurs earlier and subsequent supporting documentation shall be submitted to the Department. C. Failure to expend contract funds in a timely manner may affect future funding. HRP Program Grant — Round 4 NOFA Date: 12/10/14 Rev. Date: 08/01 /15 Prep Date: 08/18/15 City of National City 14-HRPP-10358 Page 2 of 2 EXHIBIT B D. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest bearing checking or savings account, or the State may require the Contractor to deposit all Grant funds into a segregated account in an institution whose deposits are insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for allowable, Program purposes and accounted for to the State. All funds not expended within 90 days of receipt, or by June 30, 2017, as applicable, shall be returned to the State with accrued interest. E. The Contractor shall make a good faith effort to minimize the number of disbursement requests to the State by anticipating and requesting in advance the maximum amount of funds that can be expended within the (ninety) 90 day time frame. F. The Contractor shall inform the State within a reasonable amount of time in the event that expenditures related to an authorized project(s) are less than the total Grant award. The Contractor may expend the balance of Grant funds on additional capital assets projects, upon written State approval. Contractor shall provide the State with a letter of request that describes the additional project(s) to be funded. G. The Contractor shall immediately inform the State, no later than December 31, 2016, if the Contractor anticipates it will not be able to expend all Grant funds by June 30, 2017. H. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of the allowability of any expense shall be final, absent fraud, mistake or arbitrariness. Any Grant funds remaining unexpended as of June 30, 2017, must be returned to the State with accrued interest. Checks shall be made payable to the Department of Housing and Community Development (HCD) and shall be mailed to the Department at the address below, no later than July 31, 2017. Department of Housing and Community Development Accounting Division 2020 W. El Camino Ave. P.O. Box 952050 Sacramento, California 94252-2050 HRP Program Grant — Round 4 NOFA Date: 12/10/14 Rev. Date: 08/01 /15 Prep Date: 08/18/15 City of National City 14-HRPP-10358 Page 1 of 2 EXHIBIT D HRP PROGRAM GENERALTERMS AND CONDITIONS HRP Program Grant 1. Report Requirements During the term of this Agreement, the Contractor shall submit the following reports by the deadlines specified, or as otherwise required at the discretion of the State: A. The Contractor shall submit annual reports to the State thirty (30) days after December 31s1 of each year ("Annual Report"), during the term of this Agreement for as long as the Contractor has not expended all Grant funds. The Annual Report shall contain (1) the progress the Contractor has made in completing the approved projects partially or wholly funded by the Grant, including a description of the community benefit; (2) the amount of Grant funds drawn down and expended to date by the Contractor; and (3) a description of projects completed. The Contractor shall use the forms provided by the State made available at http:/www.hcd.ca.qov/hpd/hrpp; and, B. Upon complete expenditure of the Grant funds, the Contractor shall submit a final report in a manner satisfactory to the State ("Final Report"). The Final Report shall be submitted to the State within 60 days of June 30, 2017, the date all funds must be expended. The Final Report shall contain (1) a description of the final capital assets constructed or purchased with the Grant funds; and, (2) the number of certificates of occupancy issued in relation to the number of building permits issued in the program year. The Contractor shall use the forms provided by the State made available at http://www.hcd.ca.govihodihrop. 2. State Contract Coordinator The state contract coordinator of this Agreement for the Department is the HRP Program Manager, Division of Housing Policy Development, or the Manager's designee ("State Contract Coordinator"). Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed first class to the State Contract Coordinator at the following address: Department of Housing and Community Development Division of Housing Policy Development 2020 W. El Camino Ave, P.O. Box 95250 Sacramento, California 94252-2050 Attention: HRP Program Manager 3. Audit/Retention and Inspection of Records Contractor agrees that the Department or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide the HRP Program Grant — Round 4 NOFA Date: 12/10/14 Rev. Date: 08/01/15 Prep Date: 08/18/15 City of National City 14-HRPP-10358 Page 2 of 2 EXHIBIT D Department or its delegatee with any relevant information requested and shall permit the Department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the California Public Contract Code Section 10115 et seq., the California Government Code Section 8546.7 and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. Contractor shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in the California Public Contract Code Section 10115.10. 4. Special Conditions The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved. 5. Prevailing Wages A. Where funds provided through this Agreement are used for construction work, or in support of construction work, Contractor shall ensure that the requirements of Chapter I (commencing with Section 1720) of Part 7 of the California Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met. B. For the purpose of this requirement "construction work" includes, but is not limited to rehabilitation, alternation, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract, with the properly licensed building contractor incorporating these requirements (the "construction contractor"). Where the construction contract will be between the Contractor and a licensed building contractor the Contractor shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Contractor will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body". Prior to any disbursement of funds, including but not limited to release of any final retention payment, the State may require a certification from the awarding body that prevailing wages have been or will be paid. HRP Program Grant - Round 4 NOFA Date: 12/10/14 Rev. Date: 08/01/15 Prep Date: 08/18/15 CALIFORNIA NATIONAL CM INCORPORATED Engineering & Public Works Department 1243 National City Boulevard, National City, CA 91950 Phone: (619) 336-4380 Fax: (619) 336-4397 November 23, 2015 Mr. Armando Mora Capital Project Manager Port of San Diego 3165 Pacific Highway San Diego, CA 92101 RE: NATIONAL CITY AQUATIC CENTER — INVOICE NO. 007 Dear Mr. Mora, Attached is our progress report and Invoice No. 007 in the amount of $566,183.31 for the National City Aquatic Center Project. Please see attached invoice summary with back-up documentation. Please feel free to contact me with any questions. Sincerely, Stephen Manganiello Director of Public Works/City Engineer CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 1February 17, 2015 AGENDA ITEM NO. '7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the submittal of an application to the State of California Housing -Related Parks Grant Program for Paradise Creek Educational Park. PREPARED BY !'Carlos Aguirre, Community Dev. Prgm. Mgr. DEPARTMENT: g Grants, & Asset PHONE: (619) 336-4391', EXPLANATION: The State of California Department of Housing and Community Development released a Notice of Funding Availability (NOFA) for the 2014 funding round of the Housing -Related Parks (HRP) Program in December 2014. The HRP Program is an innovative program designed to reward local governments that approve housing for lower -income households and are in compliance with State housing element law with grant funds to create or rehabilitate parks and/or recreational facilities. Approximately $35 million is available for the 2014 funding round. Staff submitted a grant application on February 4, 2015 and has 30 days from the grant application deadline to submit a City Council resolution approving the submission of the application. The base application is for $177,250 but Paradise Creek Educational Park is eligible for additional bonus awards of $376,200 based on nearby infill affordable housing construction, consideration of the area as "park -deficient," and provided the park's location within a low - and moderate -income census tract. A presentation providing an update to City Council on the Transit - Oriented Infill Affordable Housing and Paradise Creek Enhancement Project ("WI-TOD") will be ,provided with the non -consent agenda item extending the rental agreement on 1640 Hoover Avenue. FINANCIAL STATEMENT: ACCOUNT NO. to be determined if funds are granted. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: jThe grant application does not include the potential for a significant environmental effect, and therefore is not subject to the California Environmental Quality Act (CEQA)!, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ',Not applicable to the adoption of the Resolution. ATTACHMENTS: .EseA,vN‘oN too. ao\5-\' RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA HOUSING RELATED PARKS GRANT PROGRAM FOR PARADISE CREEK EDUCATIONAL PARK WHEREAS, the State of California, Department of Housing and Community Development ("Department") has issued a Notice of Funding Availability ("NOFA") dated December 10, 2014, under its Housing -Related Parks ("HRP") Program; and WHEREAS, the City of National City desires to apply for an HRP Program grant and submit the 2014 Designated Program Year Application Package released by the Department for the HRP Program; and WHEREAS, the Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes staff to apply for and submit to the Department the HRP Program Application Package released December 2014 for the 2014, Designated Program Year in an amount not to exceed $553,450.00. If the application is approved, the City is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement ("Standard Agreement") in an amount not to exceed $553,450.00, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the "HRP Grant Documents"). BE IT FURTHER RESOLVED that the City of National City shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit "A" of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of National City hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. BE IT FURTHER RESOLVED that the Mayor or City Manager is authorized to execute in the name of the City of National City the HRP Program Application Package and the HRP Grant Documents as required by the Department for participation in the HRP Program. [Signature Page to Follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 17th day of February, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2015 — 17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA HOUSING RELATED PARKS GRANT PROGRAM FOR PARADISE CREEK EDUCATIONAL PARK WHEREAS, the State of California, Department of Housing and Community Development ("Department") has issued a Notice of Funding Availability ("NOFA") dated December 10, 2014, under its Housing -Related Parks ("HRP") Program; and WHEREAS, the City of National City desires to apply for an HRP Program grant and submit the 2014 Designated Program Year Application Package released by the Department for the HRP Program; and WHEREAS, the Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes staff to apply for and submit to the Department the HRP Program Application Package released December 2014 for the 2014, Designated Program Year in an amount not to exceed $553,450.00. If the application is approved, the City is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement ("Standard Agreement") in an amount not to exceed $553,450.00, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the "HRP Grant Documents"). BE IT FURTHER RESOLVED that the City of National City shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit "A" of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of National City hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. BE IT FURTHER RESOLVED that the Mayor or City Manager is authorized to execute in the name of the City of National City the HRP Program Application Package and the HRP Grant Documents as required by the Department for participation in the HRP Program. [Signature Page to Follow] Resolution No. 2015 — 17 Page Two PASSED and ADOPTED this 17th day of February, 2 Ron Morrison, ATTEST: Michael R. Dalla, City Clerk Passed and adopted by the Council of the City of National City, California, on February 17, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Jerk of e City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-17 of the City of National City, California, passed and adopted by the Council of said City on February 17, 2015. City Clerk of the City of National City, California By: Deputy