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HomeMy WebLinkAbout2017 CON Dept of Housing and Community Development - Paradise Educational Park Grant - Amendment #1STATE OF CALIFORNIA STANDARD AGREEMENT STD 213A (Rev 06/03) CHECK HERE IF ADDITIONAL PAGES ARE ATTACH _ PAGES CONTRACTOR'S COPY AGREEMENT NUMBER AMENDMENT NUMBER 14-HRPP-10358 1 REGISTRATION NUMBER 1. 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: 11/23/2015 through 09/30/2018 3. The maximum amount of this Agreement after this amendment is: $553,450.00 (Amendment #1 increases the contract amount by $0.00) 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: Item No. 2, Term of this Agreement. Upon HCD Approval through 09/30/2017 is hereby deleted and replaced with a new Item No.2, Term of this Agreement, Amendment No. 1, Upon HCD Approval through 09/30/2018. Exhibit A, "Authority, Purpose and Scope of Work", is hereby replaced with a new Exhibit A, "Authority, Purpose and Scope of Work", (Rev, 04/17). Exhibit B, "Budget Details and Payment Provisions", is hereby replaced with a new Exhibit B, "Budget Details and Payment Provisions", (Rev. 04/17). Exhibit D, "HRP Program General Terms and Conditions", is hereby replaced with a new Exhibit D, "HRP Program General Terms and Conditions", (Rev. 04/17). Note: In order to bring all contracts into uniformity, the following change has been made. Exhibit C, State of California General Terms and Conditions (GTC 610) has been changed. The new State of California General Terms and Conditions (GTC 04/2017) are hereby incorporated by reference. The GTC 04/2017 documents can be viewed at http://www. dgs.ca.gov/o ls/Resources'StandardContractLanguage.aspx. Note: In order to bring all contracts into uniformity, the following change has been made. Exhibit C, State of California General Terms and Conditions (GTC 610) has been changed. The new State of California General Terms and Conditions (GTC 04/2017) are hereby incorporated by reference. The GTC 04/2017 documents can be viewed at http://www. dgs. ca.gov/ols/Resources/StandardContractlanguage. aspx. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parites hereto. CONTRACTOR CONTRACTORS NAME (if other than an individual, state whether a corporation, partnership,etc.) City of National City BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSOAI.QIGNING Ron Morrison, Mayor DATE SIGNED (Do not type) War I JR. ADDRESS 1243 National CIty Blvd., National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Authonzed Signature D NAME AND TITLE OF PERSON SIGNING Synthia Rhinehart, Contracts Manager, Business & Contract Services Branch DATE SIGNED (Do not type) ON/7 ADDRESS 2020 W. EI Camino Ave., Sacramento, CA 95833 California Department of General Service Use Only JUN 3 0 2017 SCM 4.04.A3 (DGS Exempt per:Memo dated 6/12/81) RESOLUTION NO. 2017 — 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE HOUSING -RELATED PARKS PROGRAM STANDARD GRANT AGREEMENT NO.14-HRPP-10358 THAT EXTENDS THE GRANT EXPENDITURE DEADLINE TO JUNE 30, 2018 FOR IMPROVEMENTS TO PARADISE CREEK EDUCATIONAL PARK, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $553,450 WHEREAS, the City of National City applied for the 2014 Housing -Related Parks Program ("HRPP ") Grant through the State of California Housing and Community Development Department in February 2015 and was awarded $553,450; and WHEREAS, the purpose of the HRPP Grant funds is to pay for improvements to Paradise Creek Educational Park; and WHEREAS, the TRI funds will help complete offsite pedestrian and bicycle related infrastructure improvements, including more than two miles of bicycle lanes along Civic Center Drive, Wilson Avenue, Hoover Avenue, 24th Street, and 22nd Street, and pedestrian enhancements at intersections. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor or his designee to execute the First Amendment to the Housing -Related Parks Program Standard Grant Agreement No.14-HRPP-10358 that extends the grant expenditure deadline to June 30, 2018 for improvements to Paradise Creek Educational Park. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the establishment of fund appropriations and a corresponding revenue budget in the amount of $553,450 for the 2014 Housing Related Parks Program Grant. PASSED and ADOPTED this 20th day of June, 20.7,. on Morrison, Mayor AT TEST: . Michael R. DaII , City Clerk APPROVED AS TO FORM: rris-Jones C. orney Passed and adopted by the Council of the City of National City, California, on June 20, 2017 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 �tional City, California CI rk of the City of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-116 of the City of National City, California, passed and adopted by the Council of said City on June 20, 2017. City Clerk of the City of National City, California By: Deputy MEETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT June 20, 20171 C20IS-49 AGENDA ITEM NO.16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Housing -Related Parks Program Standard Grant Agreement No.14-HRPP-10358 that extends the grant expenditure deadline to June 30, 2018 for improvements to Paradise Creek Educational Park and authorizing the establishment of fund appropriations for $553,450 and a corresponding revenue budget. PREPARED BY: Carlos Aguirre, Housing and Econ. Dev. Mgr. " DEPARTMENT: H PHONE: 619-336-4391 APPROVED EXPLANATION: The City of National City applied for the 2014 Housing -Related Parks Program Grant through the State of California Housing and Community Development Department in February 2015 and was awarded $553,450. The purpose of these funds is to pay for improvements to Paradise Creek Educational Park. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Exp. Acct. #296-409-500-598-1598 APPROVED: Paradise Creek Park Imprv. Acct.-SHCD Grant# 296-61598-3463 for $553,450 1ad Econ. Dev. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: {Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. First Amendment to the Standard Grant Agreement 2. Resolution Q,e,so%,vz‘oN No. ao‘n-\\G STATE OF CALIFORNIA STANDARD AGREEMENT STD 213A (Rev 06/03) n CHECK HERE IF ADDITIONAL PAGES ARE ATTACH _ PAGES Attachment No. 1 AGREEMENT NUMBER AMENDMENT NUMBER 14-HRPP-10358 1 REGISTRATION NUMBER l . 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: 11/23/2015 through 09/30/2018 3. The maximum amount of this Agreement after this amendment is: $553,450.00 (Amendment #1 increases the contract amount by $0.00) 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: Item No. 2, Term of this Agreement, Upon HCD Approval through 09/30/2017 is hereby deleted and replaced with a new Item No.2, Term of this Agreement, Amendment No. 1, Upon HCD Approval through 09/30/2018. Exhibit A, "Authority, Purpose and Scope of Work", is hereby replaced with a new Exhibit A, "Authority, Purpose and Scope of Work", (Rev, 04/17). Exhibit B, "Budget Details and Payment Provisions", is hereby replaced with a new Exhibit B, "Budget Details and Payment Provisions", (Rev. 04/17). Exhibit D, "HRP Program General Terms and Conditions", is hereby replaced with a new Exhibit D, "HRP Program General Terms and Conditions", (Rev. 04/17). Note: In order to bring all contracts into uniformity, the following change has been made. Exhibit C, State of Califomia General Terms and Conditions (GTC 610) has been changed. The new State of California General Terms and Conditions (GTC 04/2017) are hereby incorporated by reference. The GTC 04/2017 documents can be viewed at http://www. dgs.ca.gov/ol s/Resources/StandardContractLanguage.aspx. Note: In order to bring all contracts into uniformity, the following change has been made. Exhibit C, State of California General Terms and Conditions (GTC 610) has been changed. The new State of California General Terms and Conditions (GTC 04/2017) are hereby incorporated by reference. The GTC 04/2017 documents can be viewed at http://www.dgs. ca.gov/ols/Resources/StandardContractLanguage.aspx. All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parites hereto. CONTRACTOR CONTRACTORS NAME (if other than an individual, state whether a corporation, partnership,etc.) City of National City BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 1243 National CIty Blvd., National City, CA 91950 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Authorized Signature) DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Synthia Rhinehart, Contracts Manager, Business & Contract Services Branch ADDRESS California Department of General Service Use Only SCM 4.04.A3 (DGS Exempt per:Memo dated 6/12/81) 2020 W. El Camino Ave., Sacramento, CA 95833 Attachment No. 1 City of National City 14-HRPP-10358 Amendment 1 Page 1 of 2 (Rev. 4/2017) EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Housing -Related Parks (HRP) Program Grant 1. Authority 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: 4/25/17 Prep Date: 4/25/17 Attachment No. 1 EXHIBIT A Grant Timelines City of National City 14-HRPP-10358 Amendment 1 Page 2 of 2 (Rev. 4/2017) No work performed prior to the effective date of this Agreement or after June 30, 2018, 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, 2018. For the purpose of this Agreement, no funds may be expended after June 30, 2018. 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. HRP Program Grant — Round 4 NOFA Date: 12/10/14 Rev. Date: 4/25/17 Prep Date: 4/25/17 Attachment No. 1 City of National City 14-HRPP-10358 Amendment 1 Page 1 of 2 (Rev. 4/2017) 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 life 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, 2018. All funds must be requested by the Contractor by April 30, 2018 and expended by June 30, 2018. This Agreement shall terminate September 30, 2018. 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, 2018, 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: 4/25/17 Prep Date: 4/25/17 Attachment No. 1 City of National City 14-HRPP-10358 Amendment 1 Page2of2 (Rev. 4/2017) 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 govemment. 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, 2018, 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, 2017, if the Contractor anticipates it will not be able to expend all Grant funds by June 30, 2018. 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. I. Any Grant funds remaining unexpended as of June 30, 2018, must be retumed 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, 2018. Department of Housing and Community Development Accounting Division 2020 W. El Camino Ave. P.O. Box 952050 Sacramento, Califomia 94252-2050 HRP Program Grant — Round 4 NOFA Date: 12/10/14 Rev. Date: 4/25/17 Prep Date: 4/25/17 Attachment No. 1 City of National City 14-HRPP-10358 Amendment 1 Page 1 of 2 (Rev. 4/2017) 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 31st 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.gov/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, 2018, 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.gov/hpd/hrpp. 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: 4/25/17 Prep Date: 4/25/17 Attachment No. 1 City of National City 14-HRPP-10358 Amendment 1 Page 2of2 (Rev. 4/2017) 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: 4/25/17 Prep Date: 4/25/17 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE HOUSING -RELATED PARKS PROGRAM STANDARD GRANT AGREEMENT NO.14-HRPP-10358 THAT EXTENDS THE GRANT EXPENDITURE DEADLINE TO JUNE 30, 2018 FOR IMPROVEMENTS TO PARADISE CREEK EDUCATIONAL PARK, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $553,450 WHEREAS, the City of National City applied for the 2014 Housing -Related Parks Program ("HRPP ") Grant through the State of California Housing and Community Development Department in February 2015 and was awarded $553,450; and WHEREAS, the purpose of the HRPP Grant funds is to pay for improvements to Paradise Creek Educational Park; and WHEREAS, the TRI funds will help complete offsite pedestrian and bicycle related infrastructure improvements, including more than two miles of bicycle lanes along Civic Center Drive, Wilson Avenue, Hoover Avenue, 24th Street, and 22nd Street, and pedestrian enhancements at intersections. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor or his designee to execute the First Amendment to the Housing -Related Parks Program Standard Grant Agreement No.14-HRPP-10358 that extends the grant expenditure deadline to June 30, 2018 for improvements to Paradise Creek Educational Park. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the establishment of fund appropriations and a corresponding revenue budget in the amount of $553,450 for the 2014 Housing Related Parks Program Grant. PASSED and ADOPTED this 20th day of June, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Amendment #1 Standard Grant Agreement — Paradise Creek Educational Park Agreement No. 16-HRPP-10358 The California Dept. of Housing and Community Development has a duplicate original Agreement.