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HomeMy WebLinkAboutReso 191-07 Workforce Housing Grant RESOLUTION NO. 191- 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** 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 AND AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE TO EXECUTE IN THE NAME OF THE CITY OF DUBLIN THE STANDARD 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 of 2002 (Proposition 46); and WHEREAS, City of Dublin has submitted an application in response to the Application Package released December 2006 by the Department for the Workforce Housing Reward Grant; and WHEREAS, the City of Dublin has received notification that upon signature of the Standard Contract, the City of Dublin will receive grant funds in the amount of$73,187. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes execution of a Standard Agreement 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 c timelines represented in the application are enforceable through the Agreement. The City of Dublin 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 of Dublin authorizes the City Manager and/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 16th day of October, 2007 by the following votes. AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: ~J ~ nterim City Clerk STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) 0Df l4 AGREEMENT NUMBER 07 -wFIi-187 REGISTRATION NUMBER , 1: This Agreement is entered into between the State Agency and the Contractor named below: N/A STATE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY ,DEVELOPMENT CONTRACTOR'S NAME , City of Dublin 2. The term of this Agreement is: 3. The maximum amount of this 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 AQreement. Upon HCD Approval' . through June 30, 2010 $ 73,187 Exhibit A -. Authority, Purpose and Scope of Work 2 . page(s} Exhibit B - Budget Detail and Payment Pro,visions 2 page(s) Exhibit C. ~ HCD General Terms and Conditions.' 2 page(s) Exhibit D - State of California General Terms and Conditions, 6 page(s) Exhibit E - Special Terms and Conditions N/A page( s) Exhibit F - Additional Provisions N/A page(s) TOTAL NUMBER OF PAGES ATTACHED: '12 pages IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto: , CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual. state whether a corporation. partne:Ship. etc.) City of Dublin . BY (Authorized Signature) , DATE SIGNED(Do not type) , 25 PRINTED NAME AND TITLE OF PERSON SIGNING Richard C. Ambrose, City Manager ADDRESS 100 Civic Plaza : Dublin, CA 94568 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Authorized Signature) . DATE SIGNED(Do not type) iiK , PRINTED NAME AND TITLE OF PERSON SIGNING Stacy Q. Hernande~, Contracts Manager, Budget and Contracts Branch 181 Exempt from: Department of , General Services ADDRESS Approval 1800 Third Street, Room 350, Sacramento, CA 95811 . . ATTACHMENT 2 :3 ~ )Lf City of Dublin 07 -WFH-187 ' Page 1 of 2 EXHIBIT A Authority. Purpose and Scope of Work 1. ' Authority Pursuant to Chapter 3.8. of Part 20f Division 31 of the Health and Safety Code, commencing with Section' 50550, as added by Section 2 of Chapter 482 of the Statutes of 2002," the State has established the Workforce Housing Reward Program (the "Program"). This"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 50550. Pursuant to Health and Safety Code Section 50550.1, known as the Workforce Housing Reward, Program, the State has ' issued a Notic.:e of Funding Availability and Guidelines (NOFA) governing the Program. 2. Purpose' In accordance with the authority cited above, the Contractor has applied to the State for financial' assistance in, the form of a Grant from the Program (the "Grant"). The Stale 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 the Contractor'pursuant to the terms of the NOFA. Based on the representations made in the Contractor's 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 ofpayin,g for the capit~1 improvement(s). 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, and further subject to the St:;1te laws and, ~ requirements governing State contracts. 3. Scope of Work · rebuilding of Shan non Community Center c EXHIBIT A Authority. Purpose and Scope of Work 4. Terms If 1 )Lf City of Dublin 07-WFH-187 Page 2 of 2 No work performed prior to the effective date or after the termination or expiration date of the contract is to be funded. The effective date of this Agreement is the date upon which it is executed by the State after execution by the Contractor. All projects must be identified no later than-June 30, 2008. All funds must be requested from the Department no later than April 30, 2010. Forthe purpose of this agreement, no funds will be disbursed which have a request dated after April 3D, 2010. It is the responsibility of the Contractor to monitor the project and timeliness of draws within the specified dates. 5. Amount of Grant , , The total amount of this Grant is $ 73,187. "': '-.. City of Dublin 6' o.R.:) lJ. , 07-WFH-187 -rj 'l Page 1 of 2 EXHIBIT B Budaet Detail and Payment Provisions , f 1. Allowable Uses of Grant Funds 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 Government Code, Section 16727(a) that benefit the community within the Contractor's jurisdiction. Capital assets include tangible physical property with an expected useful life of 15 years or more, equipment with an expected useful life of two years or ,more, or major m'aintEmance, reconstruction, demolition for, , purposes of reconstruction and/or retrofitting work. 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 incluge costs associated with planning, engineering, construction management, environmental impact reports, appraisals, site acquisitions or necessary easements. Grant funds shall not be expended for the administrative costs of persons directly employed by the Contractor or fO'r other "soft".costs th,at are not 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 specified in Exhibit A in accordance with the" schedule for completion set forth therein a'nd 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 ~xecuted by the State after execution by the Contractor. All funds must be committed by the Contractor by June 30, 2008. This Agreement shall terminate no later than June 30,.2010, by which date the Contractor must have expended all Grantfunds. 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 forms provided by the, State. The forms are available at http://www.hcd.ca.gov/fa/whrp. ' The Contractor shall expend the funds , within 90 days from the' date of receipt from the State, or by June 30, 2010, 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. ' (p ~/'t City of Dublin , 07-WFH-187 Page2of2 EXHIBIT 8 . Budaet Detail and Payment Provisions D. A separate checking' accoun~ 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 shall be. returned to the State with accrued interest , E. The C.ontractor 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 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 authorizedproject(s) are less than the total Grant award. The Contractor may expend the balance of Grant funds on additional capital ~ssets 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 September 1, 2009, if it is anticipated that the Contractor will not be able to expend all Grant funds by June 30, 2010.' ' 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 be'cause 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 unexpended funds remaining at the end of the contract period or termination date 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 within thirty (30) days of the contract termination or expiration date: 'City of DUbli;1 oP J 4' 07-WFH-187 f'f ' Page 1 of 2 EXHIBIT C HCD General Terms and Conditions " 1. Report Requirements During the term of the 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 bi-annual reports to' the State 30 days after June 30th and December 31st of each .year during the term of the agreement, for as long as the Contractor has not expended all Grant funds. The bi-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 cornmunitybenefit, (2) .the ' amount of, .Grant funds drawn down and 'expended to date by the Contractor, and (3) a description of projects completed. The Contractor, ,should use the forms provided by the State. ' , , The forms are available at http://www.hcd.ca.gov/fa/whrp. B. Upon complete expenditure of tlie Grant funds, the Contractor shall submit a Final Report ina manner satisfactory to the State. The Final 'Report shall be submitted to the State within 60 days of the final Grant funds being expended or by August 30, 2010, whichever date is.sooner~ The final rep,ort shall contain (1) a description of the final capital assets constructed or, purchased with the Grant funds, and (2) the number of certificates Qf occupancy issued in relation to the number of building permits issued in, program year. ,The Contractor shall use the forms provided by the State. ' The forms are,avc;lilable athttp://~.hcd.ca:gov/falwhrp. 2. State Coordinator ~.~ J ' The coordinator of this Agreement for the State is the Program Manager for the Workforce Housing Reward Grant Program, Division of Housing Policy Development.' Any notice, report, or other communication required by this Agreement shall, be mailed first class to, the State Coordinator at the' following ,address: " ' Department of Housing and Community Development , Division of Housing Policy Development 1800 3rd Street, Room 430 , P.O. Box 952053 Sacramento, California 94252-2053 Attention: WFH Program' Manager , " City o. f Dublin 9 d; '4- 07 -WFH-187 ;{' 'Page2of2 . EXHIBIT C HCD General Terms and Conditions 3: Audit/Retention and Inspection of Records ' Contractor agrees that the State or its delegatee will have the right to review, obtai'n, and copy all records pertaining to performance of this. Agreement. Contractor agrees to provide the State or' its delegatee with any relevant information requested and shall permit the State or its delegatee access to its premises, upon reasonable notice, during normal business hqursfor 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 Public Contract Code section 10115 et seq., Government Code section 8546.7 and Title 2, California Code of Regulations, section 189~.60 et seq. Contractor further agrees to maintain such records for a period of ,three (3) years after finalpaymerit under this Agreement. Contractor shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation asset forth in 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. PrevailinQ WaQes 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 .' 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, wit~ the properly licensed building contractor incorporating these req~irements '(the "corlstruction 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 labor Clade. Where the Coritractor 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 Iimited,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. City O.f Dublin q~ , l.} 07 -WFH-187 ,1' Page 1 of6 (Rev. 10/05) EXHIBIT D State of California General Terms and Conditions 1. Ap'proval , This Agreement is of no force and effect until 'signed by both parties. , 2. Amendment. , No amendment or variation of the terms of this Agreement shall be valid unless made in writing arid signed by the parties. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. Assi~nment This Agreement is not assignable by the Contractor, either ir:l whole or in part, withoutthe 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 claims and losses ~ccruing or resulting' to any and all contractors, subconfractors, suppliers, laborers arid any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreem'ent, and from any and all claims 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. J 5. Disputes Contractor shall continue with the responsibilities under this Agreement during any dispute.. 6. Termination for Cause ,The State may terminate this Agreement and be relieved ofany payments should the Contractor fail to perform the requirements of this Agreement at the time and in the~anner herein provided. , " 7. Independent Contractor Contractor, and the agents and employees of Contractor, in the, performance of this Agreement, shall act in an independent capacity an9 not as officers or employees or agents of the State. City Of,DUblinto cf. ,)Lf 07-WFH-187 ."~ Page 2 of6. (Rev. 10/05) EXHIBIT 0 State of California General Terms and Conditions 8. Non-Discrimination Cla'use A. During the' performance 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, physical disability (inCluding HIV and AIDS), mental disability, medical condition (cancer), age (over '40), marital status, and denial of family care leave. Contractor and subcontracto"rs' 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 Employme~t 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 etseq.). The applicable. regulations of the Fair' Employment' and Housing Commis,sion iniplementing 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 to labor organizations with which they have a ~ollective bargaining or other Agreement. B. Contractor shedl include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. , . . 9. Timeliness Time is of the essen'ce in this Agreement: 10. GoverninQ Law This Agreement is governed by and shall be interpreted in accordance with the '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. Contractor, recognizes the importance of child and family support oblig~tions and shall fully comply with all applicable state and federal laws , relatingto child and family support enforcement, including, but notlimited to,disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 nf nivi~inn $:} nf thp I=::tmilv r.nnp' ::tnn Ci~ of DUb~i~ ~ /tt 07 -WFH-187 . Page 3 of 6 (Rev. 10/05) I:XHIBIT 0 State of California . General Terms and Conditions' B. 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 Regist!)' maintained' by 'the California Employment Development Department. '12. Severability 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. Drua-Free Workplace Requirements Contractor shall comply with the requirements of the Drug-Free Workplace Act of 1990 (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 unlawful ,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'-Ftee Awareness Program to inform employees about: (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. , 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 to comply with these requirements may result 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 department detemlines that any of the following has occurred: (1) the Contractor has made false certification, or violated the certification by. failing to carry out the requireme,nts as noted ~bove. (Government Code section 8350 et seq.) Ci~ of Dublin 101 oR-'it '07-WFH-187 \, ""K Page 4 of 6 (Rev. 10/05) EXHIBIT D State of California General Terms and Conditions DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply, to persons or entities doing business with the State of California:" , 14. Conflict of Interest Contractor needs to be aware of the following provisions regarding current or former state 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 clarification. A. ' Current State Employees (Public Contracts Code section 1 041 0): 1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives' compensation or has a financial interest and which is sponsored or funded by any state age"ncy, unless the employment, activity or enterprise is required as a condition of regular state employment. 2. No officer or employee shall contract on his or her own behalf as an' ihdependent Contractor with any state agency to provide goods or services. ~ B. Former State Employees (Public Contracts Code section 10411): 1. For the two-year perioct from the date he or she left state 'employment, no former state officer or ,employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to 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 employment, no former state 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 the proposed contract within the, 12.;.month period , prior to his or her leaving stelte service. C. If Contractor violates any provisions of above paragraphs, such action by .contractor shall render this Agreement void. (Public Contracts Code section 10420). ' City of Dublin 19 aPe 1'1. 07 -WFH-187 If Page 5 of6 (Rev. 10/05) EXHIBIT 0 _ State of California General Terms and Conditions. \ ' D. Members of boards and commissions are exempt from this section if they, do nof 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)) . 15. Labor CodeiWorkers' 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- insuraf1ce 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 s~ction3700). . . 16. Americans With Disabilities Act Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the 'basis of disability, as' well as all applicable regulations and guidelines issued' pursuant to the ADA. (42 U.S.C. 12101 et seq,) 17. Contractor Name Change " 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 pro~ess the amendment. 18. Corporate Qualifications to Do Business in California A. If Contractor is a corporation, the State may verify that the Contractor is currently ,qualified to do business in California' in order to ensure that all obligations due to the State are Julfilled. . B. , I "Doing business" isdefinedin R&TC Section .23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. ' Although there are some statutory exceptions to 'taxation,' -rarely will a corporate contractor performing within the State not be subject to the 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. . , City of Dublin tlf.OJ) U 07-WFH-187 tJ-' , Page 60f 6 (Rev., 10/05) EXHIBIT D . Stat~ of Ca,lifornia General Terms and Conditions ,,/ '19. Resolution A county, city, or city and county' must- provide the State with, a copy of a ' resolution of the local governing body which' by law has authority to enter into an ,agreement, authorizing execution of the agreement. 20. Air or Water Pollution Violation , Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution 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 violation of waste , discharge requirements or discharge prohibitions; or (3) finally ~etermined to be in vioiation of the provisions of federal law relating to air or water pollution. 21. Payee Data Record Form Std. 204 .. \.. . This form must be completed by all contractors that are not'another state agency or other government entity., '