HomeMy WebLinkAboutA6620 - STATE OF CA , DEPT OF HOUSING & Community Development (HCD) STATE OF CALIFORNIA
STANDARD AGREEMENT CONTRACTOR'S COPY AGREEMENTNUMBER
STD 213(Rev 06103) 14-HRPP-9214
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Palm Springs
2 The term of this
Agreement is: Upon HCD Approval through 09/30/2016
3. The maximum amount of this $266,575.00
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 t
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
CONTRACTOR'S NAME(irother than an individual,state whether a corporation,partnership,etc) General Service
City of Palm Springs Use Only
BY(Authorized Signature) DATE SIGNED(Do not ty
/J 11/1s/Lo1� DEC 1 2 2014
PRMTED NAME At�D T�OF NING
yr� �/K€hD-y,�- •�S• , C�r`f�A'^�h�€R.!
ADDRESS �u fii0�d�^ �•1,��.r'r i;' `',"''t
3200 East Tahquitz Canyon Way, Palm Springs,CA 9226�x—, /� lLLr/ �'11�11 lltJ.�4
STATE OF CALIFORNIA
AGENCY NAME - Nw
Department of Housing and Community Development ��' �1 • `1'
BY(Authorized Signature) DATE SfGNED(Do not type) ATTEST:
PRINTED SAND LE FPERSON SIGNING }9 (aeflC
Lindy Suggs,Contracts Manager, Business&Contract Services Branch
ADDRESS
x Exempt per.SCM 4.04.A.3(DGS
Memo dated 6/12/8I)
2020 W. El Camino Ave,Sacramento,CA 95833
City of Palm Springs
14-HRPP-9214
Page 1 of 2
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
Housing-Related Parks (HRP) Program Grant
1. Authori
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") goveming the Program.
2. Purpose
In accordance with the authority cited above, the Contractor has applied to the State for
financial assistance (the "Application") in the form of a grant from the Program (the "Grant").
The State has agreed to make the Grant, as a financial incentive based on the issuance of
housing starts, for housing units affordable to very low- and low-income households by the
Contractor pursuant to the terms of the NOFA, the Guidelines and this Agreement. Based on
the representations made by the Contractor in its Application, which is hereby incorporated as if
set forth in full, the State shall provide a Grant in the amount shown below for the purpose of
paying for capital improvement(s) related to the acquisition, rehabilitation, or construction of a
Park and Recreation Facility.
The State and the Contractor have agreed to enter into this Agreement in accordance with the
terms and conditions herein, subject to all the provisions of the applicable statutes, the NOFA,
the Guidelines and further subject to the State laws and requirements governing State
contracts. Capitalized terms herein shall have the meaning of the definitions set forth in the
Guidelines.
3. Scooe of Work
Construction of a new performing arts stage at James O. Jessie Desert Highand Park.
HRP Program Grant—Round 3
NOFA Date: 10/02/13
Rev. Date:8/15/14
Prep Date:8/20/14
City of Palm Springs
14-HRPP-9214
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 $ 266,575.00.
HRP Program Grant—Round 3
NOFA Date: 10/02/13
Rev. Date: 8/15114
Prep Date: 8/20114
City of Palm Springs
14-HRPP-9214
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 specked 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: 8/15114
Prep Date:8/20/14
City of Palm Springs
14-HRPP-9214
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.
I. 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: 8/15114
Prep Date: 8/20/14
GTC 610
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terns of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a fonnal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, 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 claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. 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. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. 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.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply(Pub. Contract Code §12205).
10. NON-DISCRIMINATION 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 sex, race, color, ancestry, religious creed,
national origin, physical disability(including HIV and AIDS), mental disability, medical
condition (e.g., 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 (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-1), 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 collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) 'Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or(b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not 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.
17. UNENFORCEABLE PROVISION: 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.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 1484L)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a"loss leader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
S:ADM M MOM EPAGE\GTC-610.doc
City of Palm Springs
14-HRPP-9214
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EXHIBIT D
HRP PROGRAM GENERALTERMS AND CONDITIONS
HRP Program Grant
1. Report Requirements
During the term of this Agreement, the Contractor shall submit the following reports by the
deadlines specified, or as otherwise required at the discretion of the State:
A. The Contractor shall submit annual reports to the State thirty (30) days after December
3151 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.qov/ht)d/hmD; 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
hftp://www.hcd.r-a.gov/hpd�/bM.
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: 8120114
City of Palm Springs
14-HRPP-9214
Page 2 of 2
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. Prevalllna Wages
A. Where funds provided through this Agreement are used for construction work, or in
support of construction work, Contractor shall ensure that the requirements of Chapter I
(commencing with Section 1720)of Part 7 of the California Labor Code (pertaining to the
payment of prevailing wages and administered by the California Department of Industrial
Relations) are met.
B. For the purpose of this requirement "construction work" includes, but is not limited to
rehabilitation, alternation, demolition, installation or repair done under contract and paid
for, in whole or in part, through this Agreement. All construction work shall be done
through the use of a written contract, with the properly licensed building contractor
incorporating these requirements (the "construction contractor"). Where the construction
contract will be between the Contractor and a licensed building contractor the Contractor
shall serve as the "awarding body" as that term is defined in the California Labor Code.
Where the Contractor will provide funds to a third party that will enter into the
construction contract with a licensed building contractor, the third party shall serve as the
"awarding body". Prior to any disbursement of funds, including but not limited to release
of any final retention payment, the State may require a certification from the awarding
body that prevailing wages have been or will be paid.
HRP Program Grant—Round 3
NOFA Date: 10/02/13
Rev. Date: 8115/14
Prep Date: 8/20/14
City of Palm Springs
14-HRPP-9214
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: