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HomeMy WebLinkAboutReso 213-05 WrkforcHouseRerwd RESOLUTION NO. 213 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * ~ * * . * * * * * ~ . . * w * * * * ~ . . * ft * * * * . . AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT TO SECURE A WORKFORCE HOUSING REWARD GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (Department) AND A1JTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE IN THE NAME OF THE CITY OF DUBLIN (City) THE STANDARD AGREEMENT (Agreement) AND RELATED DOCUMENTS WHEREAS, funding for the Workforce Housing Reward Grant has been made available pursuant to the Housing and Emergency Shelter Trust Fund of2002 (Proposition 46); and WHEREAS, City has submitted an application in response to the Application Package released December 2004 by the Department for the Workforce Housing Reward Grant; and WHEREAS, the Department has provided the City with a letter dated June 30, 2005 indicating a conditional commitment of grant funds in the amount of $679,921. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City authorizes entering into a Standard Agreement (attached hereto as Exhibit A of the Resolution) with the State of California, Housing and Community Development Department for participation in the Workforce Housing Rewards Grant and will use the funds for allowable capital assets as identified in Exhibit A of the Agreement. The application in full is incorporated as part of the Agreement and any and all activities funded, information provided, and timelines represented in the application are enforceable through the Agreement. The City hereby agrees to use the funds for eligible capital assets in the manner presented in the application as approved by the Department and in accordance with the NOF A and Program Guidelines and Application Package for participation in the Workforce Housing Reward Grant Program; and BE IT FURTHER RESOLVED that the City Council of the City authorizes the City Manager or his designee to execute in the name of the City of Dublin the Standard Agreement of the State of California, Housing and Community Development Department Program, PASSED, APPROVED AND ADOPTED this 15'" day of November, 2005. AYES: Council members Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: A.\.......~ f!L. ' City Clerk NCfiO No. 213-05, Adopted 11115/05, Item 7.1 lofl STATE OF CALIFOANIA STANDARD AGREEMENT STO 21:) (A.v06/0:)} AGREeMENT NUMl;íER Q4-WFH-018 R.EGIS1RATION NuM6ER ,. This Agreement is entered into between the State Agency and the Contractor named below: STATE" AGENCY'S NAM¡¡; Department of Housing and Communi1y Development C.ONTRAÇTDR'S NAME City of Dublin 2. The term of this Agreement is: 3. The maximum amount of this Agreement is: Upon HCD Approval through June 30, 2008 $ 679,921.00 4, The parties agree to comply with the terms and çonditions of the foilowing exhibits whiçh are by this referençe made a part of the Agreement. Exhibit C . HCD General Terms and Conditions 1 Page(s) 2 Pagers) 2 page(s) Exhibit A - ScoPe of Work Exhibit B - Budget and Detail and Payment provisions Exhibit D - State of California General Terms and Conditions 6 Paae(s) TOTAL NUMBER OF PAGES ATTACHED: 11 Pages IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department af Genera' Services Use Only CON1'RACTOR'S NAME (if ö/f)u than an i{)divjd¡J~I, s/,:¡tG whether a corporation, partnarship, ttG.) City of Dublin DATE SIGNEO(Ð(} (1f)1 tYPI!) 5Y (AuthfJ ' Æ5 PRINtED NAME AND TITLE O~ ~ERSON SIG; R~chard c. Ambrose, City Manager AODRESS I/-/(P-OY- 100 Civic Plaza Dublin CA 94568 .', Attest: y Clerk STATE OF CALIFORNIA AGeNCY NAM¡;: Housing and Community Development BY (Aurnorizsd signa/I)re) DATE S\GN~D(D(! ,wI rype) PRINTED NAME AND TITLE; OF PERSON sIGNING Susan J. Phillips, Manager, Budget and Contracts Branch ADDRESS 1800 Third Street, Rm. 350, Sacramento, CA 95814 ø Exempt from: Department of General Services Approval City of Dublin 04-WFH-018 Page 1 of 1 EXHIBIT A Authority, Purpose and Scope of Work 1. AuthoritV: Pursuant to Chap1er 3.8 of Part 2 of Division 31 of the Heal1h and Safety Code, commencing with Section 50550, as added by Section 2 of Chap1er 482 of 1he Statu1es of 2002, 1he Sta1e has established 1he Workforce Housing Reward Program (1he "Program'} This Agreemen1 is entered into under the authority of, and in furtherance of the purposes of, the Program as set forth in Heal1h and Safety Code Section 50550. Pursuant to Health and Safety Code Section 50550.1, known as 1he Workforce Housing Reward Program, the S1ate has issued a N01ice of Funding Availabiiity and Guidelines (NOFA) governing 1he Program. 2. Purpose: In accordance with 1he authori1y ci1ed above, 1he Con1ractor has applied to 1he S1a1e for financial assistance in the form of a Grant from the Program (the "Gran!"). The S1ate has agreed to make the Grant, as a financial incentive based on the issuance of building permits, for housing units affordable to very low and low-income households by 1he Contractor pursuant to the 1erms of the NOFA. Based on the representa1ions made in the Contractor's Application, which is hereby incorporated as if set forth in full, 1he Sta1e shall provide a Grant in the amount shown below for the purpose of paying for 1he capital improvement(s). The S1ate and the Contractor have agreed 10 enter into this Agreement in accordance with the terms and conditions herein, subject 10 all the provisions of the applicable sta1utes, the NOFA, and further subjec1 to the Sta1e laws and requirements governing Sta1e contrac1s. 3. Scope of Work: Cons1ruction of 1he Shannon Community Center. City of Dublin 04-WFH-018 Page 1 of 2 EXHIBIT B Budoet Detail and Payment Provisions 1. Allowable Uses of Grant Funds: Grant funds shall only be used for projects approved by 1he S1ate that involve the construction, rehabili1ation and/or acquisition of capital assets as defined by Governmen1 Code, Section 16727(a) that benefi1 the community within the Contractor's jurisdiction. Capital assets include tangible physical property with an expected usefullifê of 15 years or more, equipment with an expected useful life of two years or more, or major maintenance, reconstruction, demolition for purposes of reconstruc1ion and/or retrofitling work. Inciden1al 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, construc1ion management, environmental impact reports, appraisals, site acquisitions or necessary easements. Grant funds shall not be expended for the adminis1rative cos1s of persons directly employed by the Contractor or for other "soft" costs that are n01 directly related to the construction or acquisition of capital assets. 2. Work to be Performed: Contractor shall take such actions, pay such expenses and do all things necessary to complete the work 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 S1ate after execution by the Contractor. All funds must be encumbered by the Con1ractor by June 30, 2006. This Agreement shall terminate upon completion of the work and acceptance by the State of the final report, but no later than June 30, 2008, by which date the Contractor mus1 have expended all Grant funds and submitted its final report. B. The Contractor shall make any and all request(s) for disbursement no earlier than 90 days from the anticipated need for the funds using the form attached hereto as Atlachment S. The Contractor shall expend the funds within 90 days from the data of receipt from the State. City of Dublin 04-WFH-0 18 Page 2 of 2 EXHIBIT B BudQet Detail and Payment Provisions C. A separate checking account for the Gran1 funds is not required. However, the Contractor shall deposit Grant funds in an interest bearing checking or savings account, or 1he State may require the Contractor to deposit all Grant funds into a segrega1ed account in an institu1ion whose deposi1s are insured by the federal or state government All interes1 earned from the deposit of Grant funds shall be used for allowable, Program purposes and accounted for to the Sta1e. All funds n01 expended within 90 days of receipt shall be returned to the S1ate with accrued interest. D. The Contractor shall make a good faith effort to minimize the number of disbursement reques1s to 1he S1ate by an1icipating and requesting in advance the maximum amount of funds that can be expended within 1he 90 day 1ime frame. E. The Contractor shall inform 1he State within a reasonable amoun1 of 1ime in 1he event that expenditures rela1ed to an authorized projec1(s) are less than the total Grant award. The Con1ractor may expend the balance of Grant funds on addi1ional capi1al assets projects, upon written S1ate approval. Contractor shall provide the Sta1e wi1h a letter of request tha1 describes 1he additional projec1(s) 10 be funded. F. The Con1ractor shall immedia1ely inform the State, bu1 no later than Sep1ember 1, 2007, if it is an1icipated that the Contractor will not be able 10 expend all Grant funds by June 30, 2008. G. The Contractor is responsible for maintaining records which fully disclose the ac1ivities funded by the Grant Adequa1e documen1ation of each transac1ion shall be main1ained to permi1 the determination, through an audit if requested by the State, of 1he accuracy of the records and the allowability of expenditures charged 10 Gran1 funds. If the allowability of an expendi1ure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall de1ermine the reimbursemen1 method for the amount disallowed. The S1a1e's determination of the allowability of any expense shall be final, absent fraud, mistake or arbitrariness. H. Any unexpended funds remaining a1 the end of the contract period or termination da1e mus1 be returned to the State with accrued interest Checks shall be made payable 10 1he Department of Housing and Community Development (HCD) and shall be mailed within thirty (30) days of the contract termina1ion or expiration da1e. City of Dublin 04-WFH-018 Page 1 of 2 EXHIBIT C HCD General Terms and Conditions 1. Report Requirements: A. The Contractor shall submi1 a bi-annual report to 1he State within 60 days after the first anniversary of the effective da1e, and every 6 months thereafter for as long as 1he Con1ractor has not expended all Grant funds. The bi-annual report shall contain (1) the progress the Con1ractor has made in completing the approved projects partially or wholly funded by 1he Grant, including a descrip1ion of the community benefi1, (2) the amoun1 of Grant funds drawn down and expended to date by the Contractor, and (3) a description of projec1s comple1ed. B. Upon comple1e expenditure of the Grant funds, 1he Contractor shall submi1 a Final Report in a manner satisfac10ry to 1he State. The Final Report shall be submi11ed to the S1a1e within 60 days of the final Grant funds being expended or by August 30, 2008, whichever date is sooner. The final report shall contain (1) a description of the final capi1al assets constructed or purchased wi1h the Gran1 funds, and (2) 1he number of certificates of occupancy issued in rela1ion to the number of building permits issued in calendar year 2004. The Con1ractor shall use the form at1ached here10 as At1achment C for the submission of the final report. 2. State Coordinator: The coordinator of this Agreemen1 for the Sta1e is the Program Manager for the Workforce Housing Reward Grant Program, Division of Housing Policy Development. Any notice, report, or 01her communication required by this Agreemen1 shall be mailed firs1 class 10 the S1ate Coordinator at the following address: Department of Housing and Community Developmen1 Division of Housing Policy Developmen1 1800 3rd S1reet, Room 430 P.O. Box 952053 Sacramen10, California 94252-2053 Atten1ion: WFH Program Manager Ci1y of Dublin· 04-WFH-018 Page 2 of 2 EXHIBIT C HCD General Terms and Conditions 3. Audit/Retention and Inspection of Records: Con1ractor agrees that the Sta1e or i1s delegatee will have the right 10 review, obtain, and copy all records pertaining 10 performance of 1his Agreement Contrac10r agrees 10 provide the S1ate or i1s delegatee with any relevan1 information requested and shall permi1 the S1a1e or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of in1erviewing employees and inspecting and copying such books, records, accounts, and 01her material that may be relevan1 to a matter under inves1iga1ionfor the purpose of determining compliance with Public Contract Code sec1ion 10115 e1 seq., Governmen1 Code section 8546.7 and Ti1le 2, California Code of Regula1ions, section 1896.60 et seq. Contractor further agrees 10 maintain such records for a period of three (3) years after final payment under this Agreement Contractor shall comply wi1h the caveats and be aware of 1he penalties for vioiations of fraud and for obs1ruction of inves1igation as se1 forth in Public Contract Code sec1ion 10115.10. 4. Special Conditions: The Sta1e reserves the right to add any special conditions 10 this Agreement i1 deems necessary to assure that the policy and goals of the Program are achieved. 5. PrevailinQ Waqes: A. Where funds provided through this Agreement are used for construction work, or in support of cons1ruction work, Con1ractor shall ensure 1ha1 the requirements of Chap1er I (commencing with Sec1ion 1720) of Part 7 of 1he Labor Code (pertaining to the paymen1 of prevailing wages and adminis1ered by the California Department of Industrial Relations) are met. B. For the purpose of 1his requiremen1 "construction work" includes, but is n01 limited 10 rehabilitation, al1ernation, demolition, installa1ion or repair done under contract and paid for, in whole' or in part, through this Agreement All cons1ruction work shall be done 1hrough 1he use of a wri1ten con1ract, with the properly licensed building con1ractor incorporating 1hese requiremen1s (the "cons1ruction contractor"). Where the construction con1ract will be between 1he Contractor and a licensed building contractor 1he Con1ractor shall serve as the "awarding body" as that 1erm Is defined in the Labor Code. Where the Contrac10r will provide funds to a 1hird party that will en1er in10 the cons1ruc1ion con1ract with a licensed building contractor, the third party shall serve as 1he "awarding body". Prior 10 any disbursement of funds, including but not limited to release of any final retention payment, 1he State may require a certifica1ion from the awarding body that prevailing wages have been or wiil be paid. Ci1y of Dublin 04-WFH-018 Page 1 of 6 EXHIBIT D State of California General Terms and Conditions 1. Approval This Agreement is of no force and effect until signed by both parties. 2. Amendment No amendmen1 or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties, No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. AsslQnment This Agreement is not assignable by the Con1ractor, either in whole or in part. withou1 the consent of the State in the form of a formal written amendment. 4. Indemnification Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all ciaims and losses accruing or resulting to any and all contractors, subcontrac1ors, suppliers, laborers and any other person, firm or. corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all ciaims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement. 5. Disputes Contractor shall continue with the responsibilities under ttiis Agreement during any dispute. 6. Termination for Cause The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. [See Exhibit C for additional breach, notice and provisions.] 7. Independent Contractor Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. Ci1y of Dublin 04-WFH-018 Page 2 of 6 EXHIBIT D State of California General Terms and Conditions 8. Non-Discrimination Clause A. During the penormance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physicai disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq} The appiicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause 10 labor organizations with which they have a collective bargaining or other Agreement. B. Contractor shall include the nondiscrimination and compliance provisions of this .clause in all subcontracts to perform work under the Agreement. 9. Timeliness Time is of the essence in this Agreement. 10. GovernlnQ Law This Agreement is governed by and shall be interpreted in accordance with 1he laws of the State of California. 11. Child Support Compliance Act If this Agreement Is in excess of $100,000, by executing this Agreement, Contractor acknowledges and agrees to the following: A. The Contractor recognizes the importance of child and family support obiigations and shall fully comply with all applicabie state and federal laws relating to child and family support enforcement, including, but n01 limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. City of Dublin 04-WFH-018 Page 3 of 6 EXHIBIT D State of California General Terms and Conditions 12. Severabilitv In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. "13. Union Activities By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement and agrees to the following: A. Contractor will not assist. prom01e or deter union organizing by employees performing work on a state service contract, including a public works contract. B. No state funds received under this agreement will be used to assist, promote or deter union organizing. C. Contractor will not, for any business conducted under this agreement, use any state property to hold mee1ings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. D. If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sough1 for these costs, and that Contractor shall provide those records to the Attorney General upon request. "This provision Is stayed pending the outcome of the litigation entitled, Chamber of Commerce v. Lockyer (April 2004) 364 F3d 1154. 14. DruQ-Free Workplace Reauirements Contractor shall comply with the requirements of the Drug-Free Workplace Act of ,990 (Government Code Section 8350 et seq.) and shall provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees that unla'Nful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. B. Establish a Drug-Free Awareness Program to inform employees abou!: (1) the dangers of drug abuse in the workplace; (2) the Contractor's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation and employee assistance programs; and (4) penalties that may be imposed upon employees for drug abuse violations. Ci1y of Dublin 04-WFH-018 Page 4 of 6 EXHIBIT D State of California General Terms and Conditions C. Every employee who works on the proposed contract will: (1) receive a copy of the Contractor's drug-free workplace policy statement; and (2) agree to abide by the terms of the Contractor's statement as a condition of employment under this agreement. Failure 10 comply with these requirements may resul1 in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the State determines that any of the following has occurred: (1) the Contractor has made false certification, or violated 1he certification by failing to carry out the requirements as noted above. (Government Code section 8350 et seq.) DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California: 15. Conflict of Interest Contractor needs to be- aware of the following provisions regarding current or former sta1e employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarifica1ion, A Current State Employees (Public Contracts Code section 10410): 1. No officer or employee shall engage in any employment, activity or en1erprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2. No officer or employee shall con1ract on his or her own behalf as an independent Contractor with any state agency to provide goods or services_ 8, Former State Employees (Public Contracts Code section 10411): 1. For the' two-year period from the date he or she left state employment, no former state officer or employee may enter into a contrac1 in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant 10 the contract while employed in any capacity by any state agency. 2. For the twelve-month period from the date he or she left state employmen1, no former s1ate officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as 1he proposed contract within the 12-month period prior to his or her leaving state service. City of Dublin 04-WFH-018 Page 5 of 6 EXHIBIT D State of California General Terms and Conditions C. If Contractor violates any provIsions of above paragraphs, such action by Contractor shall render this Agreement void. (Public Contracts Code section 10420) D. Members of boards and commissions are exempt from this section if they do n01 receive payment other than payment of each meeting of the board or commission. payment for preparatory time and payment for per diem, (Public Contracts Code section 10430 (e)) 16. Labor CodelWorkers' Compensation Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement (Labor Code section 3700) 17. AmerIcans With Disabilities Act Contractor assures the State that i1 complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on 1he basis of disability. as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C, 12101 e1 seq.) 18. Contractor Name Chanqe An amendment is required to change the Contractor's name as listed on this Agreement Upon receipt of legal documentation of the name change. the State will process the amendment 19. Corporate Qualifications to Do Business in California: A, If Contractor is a corporation, the State may verify that the Contractor is currently quaiified to do business in California in order to ensure 1hat all obligations due to the State are fulfilled. B. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit Although there are some statu10ry exceptions to "taxation, rarely will a corporate con1ractor performing within the S1ate not be subject to 1he franchise tax. C. Both domestic and foreign corporations (those incorporated outside California) must be in good standing in order to be qualified to do business in California. If Contractor is a corporation. the State will determine whether Contractor is in good standing by contacting the Office of the Secretary of State. 20. Resolution A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authori1y to enter into an agreement. authorizing execution of the agreement City of Dublin 04-WFH-018 Page 6 of 6 EXHIBIT D State of California General Terms and Conditions 21. Air or Water Pollution Violation Under the State laws, the Contractor shall not be: (1) in violation of any order or resolu1ion not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for viola1ion of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of the provisions of federal law relating to air or water pollution. 22. PaYee Data Record Form Std. 204 This form must be comple1ed by all contractors that are not another state agency or other government entity. 23. National Labor Relations Board CertIfication If Contractor is receiving federal funds under 1his Agreement, Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor wi1hin the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Not applicable to public entities) 24. Domestic Partners Commencing on July 1, 2004 Contractor certifies that it is in compliance with Public Contract Code section 10295.3 with regard to benefits for domestic partners. For any contracts executed or amended, bid packages advertised or made available, or sealed bids received on or after July 1 2004 and prior to January 1, 2007, a contractor may require an employee to pay the costs of providing additional benefits that are offered to comply with PCC 10295.3.