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HomeMy WebLinkAboutRES NO 061-05 051 -O5 RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION FOR AND EXECUTION OF NECESSARY AGREEMENTS OR DOCUMENTS FOR GRANT FUNDS THROUGH THE WORKFORCE HOUSING REWARD GRANT PROGRAM FROM THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. WHEREAS, funding for the Workforce Housing Reward Grant Program (WFH) has been made available pursuant to the Housing and Emergency Shelter Trust Fund of 2002; and WHEREAS, the City of Bakersfield has received the application package for the WFH; and WHEREAS, the City of Bakersfield will apply for and submit the Application Package released December 2004 by the Department for the Workforce Housing Reward Grant Program (WFH); and WHEREAS, pursuant to statute, the Department is authorized to approve funding allocations for the program, subject to the terms and conditions of the Notice of Funding Availability (NOFA) and Program Guidelines, Application Package and Standard Agreement; NOW, THEREFORE, BE IT RESOLVED that the City of Bakersfield hereby: 1. Authorizes the Mayor or City Manager, and his or her designee, to execute in the name of the City of Bakersfield the Application Package, the Standard Agreement, and all other documents required by the Department for participation in the WFH. 2. 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 Attachment A of the Contract. The application in full is incorporated as part of the Contract and any and all activities funded, information provided, and timelines represented in the application are enfomeable through the Contract. The City of Bakersfield 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. The City of Bakersfield also may execute any and all instruments required by the Department for participation in the WFH Program. .......... 000 ......... -1- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ' ~ ~ ~1 i~~ by the following vote: ABSTAIN: ABSENT: COUNCiLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAR 3 0 2D0§ PAMALA A McCARTHY, ~l~lC ~/ ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ALEEN SHAW Deputy City Attorney S:~Agreement~.005 RESOS\Workforce Housing Grant RESO.DOC -2- STANDARD AGREEMENT THIS AGREEMENT, made and entered into this 25TM day of June 2003 in the State of California, by and between State o~-alifornia, through its duly elected or appointe~t, 03-JHBP-006 qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Director Dept. of Housing & Community Development, (the "State"), and CONTRACTOR'S NAME City of Bakersfield , ( the "Con~ctor"). WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements and stipulations of the State herein expressed, does hereby agree to all the terms and conditions of the Loan as contained in this Agreement and the attached Exhibits. Authority: Pursuant to chapter 3.7 of part 2 of division 31 of the Health and Safety Code, commencing with section 50540, ~ amended by Section 2 of Chapter 482 of the Statutes of 2002, the State has established the Jobs Housing Balance Incenti,, Grant Program (the "Program"). This Agreement is entered into under the authority of, and in furtherance of the purposes c the Program as set forth in Health and Safety Code section 50544. Pursuant to Health and Safety Code section 50550. Section 2, known as the Jobs Housing Balance Incentive Grant, the State has issued a Notice of Funding Availability ar' Guidelines (NOFA) governing the Program. Purpose: In accordance with the authority cited above, the Contractor has applied to the State for financial assistance in tY form of a grant from the Program (the "Grant"). The State has agreed to make the Grant, as a financial incentive based on tr increased issuance of residential building permits by the Contractor pursuant to the terms of the NOFA. Based on th representations made in the Contractor's Application, which is hereby incorporated as if set forth in full, the State shall provic a grant in the amount shown below for the purpose of paying for the capital improvement(s) identified in Attachment attached hereto. The State and the Contractor have agreed to enter into this Agreement in accordance with the terms and conditions herei subject to all the provisions of the applicable statutes, the NOFA and further subject to the State laws and requiremer' governing State contracts. Agreement Terms: The terms of this agreement shall be from June 25, 2003 through no later than June 30, 2006. Contract Amount: The total contract award is $314,822.00 CONTINUED ON SHEETS, EACH SEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. tN WITNESS WHEREOF, this al/reement has been executed b~ the par~ies hereto, upon the date first above writmen. STATE OF CALIFORNIA I CONTRACTOR ~ment NING Rick Beard TITLE Manac lets and Contract Manac ement Branch 30 Jobs Housing Balance Improvement Account (OPTIONAL USE) DOCUMENT 314,822.00 0.00 OArE 314,82200 City of Bakersfield ~BY (AUTHORIZED S ~unE}o,,.~p~~ 1501 Truxtun Avenue, Bakersfield, CA 93301 Use Only Exempt frcm Department of ITEM CHAPTER 2240-101-3006 157 STATUTE FISCAL Y~R 20O3 2O03~04 3306-22676-661702 SIGNATURE OF Al X CONTRACTOR ~ STATE AGENCY OATE CONTROLLER DEPT. OF GENERAL SERVICES OCT ~ '7 2003 City of Bakersfield 03-JHBP-006 Page 2 of 6 1 Indemnity: The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and ail claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies ~n connection with the performance of this Agreement, 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. 2. Contractor's Capacity: The Contractor, and the agents and employees of Contractor, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 3. Termination: The State may terminate this Agreement and be relieved of any obligation to fund the Grant should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In addition the State may terminate this Agreement, or modify the grant amount, in the event it is determined that the representations contained in the application are false or inaccurate. No Assiqnment: Without the written consent of the State, this Agreement is not assignable by Contractor either in whole or in part. Time of Essence: Time is of the essence in this Agreement. Amendments: This Agreement shall not be altered or amended except: (1) in writing, upon the mutual written agreement of both parties; or (2) as may be modified in statute by the Legislature, No oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto, 7. Commitment of State Funds: The amount encumbered by this Agreement shall be equal to the maximum amount of the Grant specified. The State hereby agrees to provide Grant funds to the Contractor in an amount and subject to the terms set forth herein and the attachments hereto. 8. 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 Grantee'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 maintenance, 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 include 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 Grantee or for other "soft" costs that are not directly related to the construction or acquisition of capital assets. 9. Work to be Performed: Contractor shall take such actions, pay such expenses and do all thi.ngs nec~ssaw to complete the work specified in Attachment A in accordance with the schedule for completion set forth therein and within lhe terms and conditions of this Agreement. 10 Fiscal Administration: a Term: The effective date of this Agreement is the date upon which it is executed by the State after execution by the Contractor All funds must be encumbered by the Contractor by June 30, 2004. This Agreement shall terminate upon completion of the work and acceptance by the State of the final report, but no later than .June 30, 2006, by which date the Contractor must have expended all Grant funds and submitted its final report. City of Bakersfield 03-JHBP-006 Page 3 of 6 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 Attachment A. The Contractor shall expend the funds within 90 days from the date of receipt from the State. 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 shall be returned to the State with accrued interest. 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 90 day time frame. 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. f. The Contractor shall immediately inform the State, but no later than September 1, 2005, if it is anticipated that the Contractor wilt not be able to expend all Grant funds by June 30, 2006. 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 an 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 unexpended funds remaining at the end of the contract period or termination date must be returned to the State with accrued interest. Checks may be made out to the Department of Housing and Community Development (HCD) and shall be mailed within thirty (30) days of the contract termination or expiration date. 11. Report Requirements: a. The Contractor shall submit a bi-annual report to the State due 30 days after June 30th and December 31st of each year during the term of the contract, as long as the Contractor has not expended all grant funds. The annual report shall contain (1) total amount of grant funds expended to date for each project. (2) Total amount encumbered for each project. (3) Progress made to date on each project. (4) Estimated completion date of each project. Upon complete expenditure of the Grant funds, the Contractor shall submit a final report in a 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, 2006, whichever date is sooner. 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 calendar year 2001. The Contractor shall also submit the Closeout Certification Letter with the Final Report. City of Bakersfield 03-JHBP-006 Page 4 of 6 12 Nondiscrimination Clause: 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 race, religious creed, color, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), marital status, age or sexuat orientation or by denial of family and medical care leave or denial of pregnancy disability leave. Contractors 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 (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cai. Code Regs., tit. 2, § 7285.0 et seq.). The applicable 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, 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 collective bargaining or other agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 13. Labor Relations Certification: The Contractor warrants by execution of this Agreement and does swear under penalty of perjury under the laws of the State of California that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding t~vo- year period because of the Contractor's failure to comply with an order of a federal court, which orders the Contractor to comply with an order of the National Labor Relations Board. 14. Relocation: The Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regs., tit. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State. 15. Americans with Disabilities Act (ADA} of 1990: By signing this Agreement, Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 16. Drug Free Workplace: By signing this Agreement, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will 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-Free 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 at the Property 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 at the Property. City of Bakersfield 03-JHBP-006 Page 5 of 6 17 Union Or.qaniz~nFl: By signing this agreement, Contractor hereby acknowledges the applicability of Government Code section 16645 through section 16649 to this agreement. a. Contractor will not assist, promote 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. Contractor will not, for any business conducted under this agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equaIly available to the general public for holding meetings. 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 sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. 18. State Coordinator: The coordinator of this Agreement for the State is the Program Manager for the Jobs Housing Balance Incentive Grant Program, Division of Housing Policy Development. Any notice, report, or other communication required by this Agreement shall be mailed by first class mail to the State Coordinator at the following address: Department of Housing and Community Development Division of Housing Policy Development 1800 34 Street, Room 430 P.O. Box 952053 Sacramento, California 94252-2053 Attention: JHBP Program Manager 19. Certified Resolution: This Agreement shall be accompanied by a certified resolution from the Contractor's governing body authorizing its execution. 20. AuditJRetention and Inspection of Records: Contractor agrees that the State 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 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 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 Public Contract Code section 10115 et seq., 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 Public Contract Code section 10115.10. 21. Disputes: a. Except as other~vise provided in this Agreement, any dispute arising under or relating to the performance of this Agreement, which is not disposed of by agreement, shall be decided by the State's Contract Manager, who shall reduce decisions to writing in regard to the dispute and shall transmit a copy thereof to the Contractor. The decision of the State's Contract Manager shall be final and conclusive unless within thirty (30) days from the date of receipt of such copy, the Contractor transmits a written appeal to the State. Pending the final decision by the Director of the Department or his/her designee, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with the written decision of the State's Contract Manager, which is the subject of the Contractor's appeal. City of Bakersfield 03-JHBP-006 Page 6 of 6 b. Notwithstanding any other provision of this Agreement, after recourse to the procedure set forth in paragraph a. above, any controversial claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration at the election of either party in accordance with Public Contract Code section 10240 et seq., and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. 22. Governinq Law: This Agreement shall be construed with and be governed by the laws of the State of California and applicable federal law. All references to codes are references to the California Codes unless indicated otherwise. 23. Special Conditions: The Department 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. 24. 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 construct~o 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 contactor incorporating these requirements (the "construction contractor"). Where as the construction contract will be between the Contractor and a licensed building contractor. Contractor shall serve as the "awarding body" as that term is defined in the Labor Code. Where 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 Department may require a certification from the awarding body that prevailing wages have been or will be paid. City of Bakersfield 03-JHBP-006 ATTACHMENT A Grant Activity Page 1 of 3 Section 1: Work Description The work to be performed under this contract shall conform to the requirements of Government Code, Section 16727 (a) and the criteria outlined in section 8 of this contract. A. Scope o[ ~'ork: 1. Grant Amount $314,822.00 2. Description of Grant Activity Installation of a children's playground at Rio Vista Park. If the proposed activity(ies) funded by this grant require any revisions from the project as stated in the application; the Grantee must receive written approval from the Department before committing to or funding an alternative project(s) or revising/changing a project(s) specified in the application. Section 2: Disbursement Procedures & Conditions: Expenditure o[ Funds: Costs may not be incurred nor funds expended until execution by the State of this agreement. All expenditures must be eligible activities funded pursuant to Govemment Code, Section 16727 (a) and the criteria outlined in section 8 of this contract. 2. Request for funds must be submitted on the forms provided by the Department. B. Cash Requests: Grantee shall request funds by submitting a completed request for funds on a form which will be provided to grantees by the Department. These forms will be sent after the contract is executed. All fund requests must abide by the terms specified in this contract under section 10. 2. Cash Request forms shall request, at a minimum, the amount of funds being requested and a description of the use or proposed use of funds. 3. Cash Requests forms must be signed by the authorized signatory as specified in the City of Bakersfield 03-JHBP-006 ATTACHMENT A Grant Activity Page 2 of 3 Resolution. Funds must be encumbered by June 30, 2004, by encumbered the Grantee must have entered into an agreement to construct, acquire or rehabilitate the project as specified above. 5. Funds must be spent no later than June 30, 2006. Failure to spend the funds on or before that date shall result in the funds, with accrued interest, being returned to the Department unless the Department is notified and grants approval per the Agreement guidelines. Section 3: Performance Milestones & Termination Date A. Monitoring Requirements: 1. The Grantee must monitor the use of the funds for the duration of the standard agreement. 2. The Department may perform a program audit and/or fiscal monitoring of the grant at any time during the term of the standard agreement. 3. If any findings are made the Grantee will be required to resolve any monitoring findings to the Department's satisfaction by the deadlines set by the State. B. Periodic Reporting Requirements: During the term of the agreement, the Grantee must submit the following reports by the deadlines noted or as otherwise required at the discretion of the Department. 2. The Grantee's performance under this agreement will be based in part on whether it has submitted the reports on a timely basis as indicated below; Bi-annual reports due 30 days after June 30th and December Mst of each year during the term of the contract. Bi-annual reports must contain at a minimum the following information: i. Total amount of grant funds expended to date for each project. ii. Total amount encumbered for each project. iii. Progress made to date on each project. iv. Estimated completion date of each project 3. Any other reports may be required as a Special Condition of this contract. Failure to meet the reporting timelines as specified in B.2. may affect the Grantee's ability to apply for future funding. City of Bakersfield 03-JHBP-006 ATTACHMENT A Grant Activity Page 3 of 3 C. Submittal of Final Report: 1. The Grantee must submit a Final Report of the JI-IBP program which contains the following information: a. Total amount of grant funds expended for each project. b. Description of completed Grantee projects, including achievements and a complete project narrative. c. Total number of certificates of occupancy issued in relation to the building permits approved in calendar year 2001. d. Photographs and drawings of the completed project, if available. The Grantee must submit and the Department must review and approve the Final Report for this grant as described below. The Final Report must meet the scope of work as contained in the original application or any amendments thereto that has been approved by the Department. D. Grant Closing Requirements: 1. Within 30 days, the Grantee must account for and retum to the Department any unexpended funds, with accrued interest. 2. By 60 days after the termination date of this agreement, the Grantee must submit the following: a. Closeout Certification Letter. b. Final Report c. Evidence, satisfactory to the Department, of compliance with any other Special Conditions if any, oftkis agreement. E. Special Conditions: The Department reserves the right to place special compliance conditions on any Grantee.