Res 14-065RESOLUTION NO. 14 -065
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA AUTHORIZING EXECUTION
OF STATE STANDARD AGREEMENT FOR HOUSING -
RELATED PARKS PROGRAM GRANT
WHEREAS, the State of California, Department of Housing and Community
Development (the "Department ") issued a Notice of Funding Availability (NOFA) dated
October 2, 2013, under its Housing - Related Parks (HRP) Program; and
WHEREAS, by Resolution No. 14 -004, the City of Poway (the "Applicant ") was
authorized to apply for an HRP Program Grant and submitted the 2013 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; and
WHEREAS, the Department awarded Applicant an HRP Program Grant in the
amount of Eighty -Two Thousand Five Hundred Fifty Dollars and No Cents ($82,550.00).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: Applicant is hereby authorized and directed to enter into, execute, and
deliver a State of California Standard Agreement (Standard Agreement), for an HRP
Program Grant in the amount of Eighty -Two Thousand Five Hundred Fifty Dollars and
No Cents ($82,550.00), 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 ").
Section 2: Applicant 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. Applicant 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.
Section 3: That the City Manager or, in the absence of the City Manager, the
Assistant City Manager, is hereby authorized to execute the HRP Grant Documents as
required by the Department for participation in the HRP Program.
Resolution No. 14 -065
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway
at a regular meeting this 2nd day of December 2014.
n Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 14 -065 was duly adopted by
the City Council at a meeting of said City Council held on the 2nd day of December 2014
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
A�a,(d .W _ 7-(z -, 4,
Sheila R. Cobian, CMC, City Clerk
City of Poway
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
Resolution No. 14-065
EXHIBIT A Page 3
AGREEMENT NUMBER
14-HRPP-9238
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 Poway
2. The term of this
Agreement is: Upon HCD Approval through 09/30/2016
3. The maximum amount of this $82,550.00
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 I
Exhibit F -Additional Provisions 0
TOTAL NUMBER OF PAGES ATTACHED: 7 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
California Department of
CbNtRActiJkS iiAVt (if other than an individual, state whether a corporation, partnership,etc) General Service
City of Poway Use Only
[3Y (Authorized Signature} DATE I- SIGNED (Do not t I y I pe)
-'-'-PRINTED _NAME AND TITLE OF nksoN SIGNING
PRINTED NAME AND TITLE OF PERSON SIGNING
Cathy Parr, Contracts Manager, Business & Contract Services Branch
.... ... ... ... .. . ... ...
ADDRESS
2020 W. El Camino Ave, Sacramento, CA 95833
X Exempt per:SCM 4.04.A.3 (DGS
Memo dated 6/12/81)
Resolution No. 14 -065
EXHIBIT A
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
Housing- Related Parks (HRP) Program Grant
1. Authority
Page 4
City of Poway
14 -HRPP -9238
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 California 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 October 2, 2013 (NOFA) and Program
guidelines dated September 2013 (the "Guidelines ") governing 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
Removal and disposal of existing playground surface and installation of new recycled
playground surface at Hilleary Park.
HRP Program Grant — Round 3
NOFA Date: 10/02/13
Rev. Date: 8/15/14
Prep Date: 8/20/14
Resolution No. 14 -065
EXHIBIT A Page 5
City of Poway
14 -HRPP -9238
Page 2 of 2
EXHIBIT A
Grant Timelines
No work performed prior to the effective date of this Agreement or after June 30, 2016, 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, 2016. For the purpose of this Agreement, no funds may be expended after June 30,
2016. 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 $ 82,550.00.
HRP Program Grant — Round 3
NOFA Date: 10/02/13
Rev. Date: 8/15/14
Prep Date: 8/20/14
Resolution No. 14 -065
EXHIBIT A Page 6
City of Poway
14 -HRPP -9238
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 Government 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, 2016. All funds must be requested by the Contractor by April 30,
2016 and expended by June 30, 2016. This Agreement shall terminate September 30,
2016.
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, 2016, 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 3
NOFA Date: 10/02/13
Rev. Date: 8/15/14
Prep Date: 8/20/14
Resolution No. 14 -065
EXHIBIT A Page 7
City of Poway
14 -HRPP -9238
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, 2016, 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, 2015, if
the Contractor anticipates it will not be able to expend all Grant funds by June 30, 2016.
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, 2016, 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, 2016.
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 3
NOFA Date: 10/02/13
Rev. Date: 8/15/14
Prep Date: 8/20/14
Resolution No. 14 -065
EXHIBIT A
EXHIBIT D
HRP PROGRAM GENERALTERMS AND CONDITIONS
HRP Pro -gram Grant
1. Report Requirements
Page 8
City of Poway
14 -HRPP -9238
Page 1 of 2
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
31" 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, 2016, 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 /hmp.
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
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
HRP Program Grant - Round 3
NOFA Date: 10/02/13
Rev. Date: 8/15/14
Prep Date: 8/20/14
Resolution No. 14 -065
EXHIBIT A Page 9
City of Poway
14 -HRPP -9238
Page 2of2
EXHIBIT D
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
(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 3
NOFA Date: 10/02/13
Rev. Date: 8/15/14
Prep Date: 8/20/14
Resolution No. 14 -065
EXHIBIT A Page 10
City of Poway
14 -HRPP -9238
Page 1 of 1
EXHIBIT E
HRP PROGRAM SPECIAL TERMS AND CONDITIONS
HRP Program Grant
The following Special Terms and Conditions are applicable to this Agreement and shall control
notwithstanding anything to the contrary herein:
1. No grant funds will be disbursed until the Department has been provided with and
approves an acceptable updated resolution authorizing the exact grant award amount
encumbered by this Standard Agreement.
HRP Program Grant — Round 3
NOFA Date: 10/02/13
Rev. Date: 8/15/14
Prep Date: