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HomeMy WebLinkAboutDEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTD'• PBS Return FULLLY EXECUTED (pnLy V�yA NOV 4 Z�ZZ Copy toCOTC,M-30 A-2019-250-01 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES SCO ID: STANDARD AGREEMENT - AMENDMENT STD 213A (Rev 04/2020) AGREEMENT NUMBER AMENDMENT NUMBER Purchasing Authority Z CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 5 PAGES 19-PGP-13895 1 Number 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: COPY START DATE 04/30/2020 THROUGH END DATE 06/30/2024 3. The maximum amount of this Agreement after this Amendment is: - -- $625,000.00 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: "This amendment is to extend the term of this agreement by 18 months from 4/30/2020 through 12/31/2022 to 4/30/2020 through 6/30/2024. Exhibit B, Budget Detail and Payment Provisions, is hereby deleted in its entirety and replaced with Exhibit B, Budget Detail and Payment Provisions Am. 1 (Rev. October 4, 2022) attached hereto and made a part hereof." All other terms and conditions shall remain the same. IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS 20 Chile Center Plaza Ross Annex M-20 PRINTED NAME OF PERSON SIGNING Kristine Ridge CONTRACTOR AUTHORIZED SIGNATURE CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS 2020 W. El Camino Ave., Suite 130 PRINTED NAME OF PERSON SIGNING CONTRACTING AGENCY AUTHORIZED SIGNATURE CITY STATE ZIP Santa Ana CA 92702 TITLE City Manager DATE SIGNED STATE OF CALIFORNIA CALIFORNIA DEPARTMENT OF GENERAL SERVICE APPROVAL ATTEST: n4, &� CLERK OF THECOUN "M CITY OF SANTA ANA CITY STATE ZIP Sacramento CA 95833 TITLE DATE SIGNED EXEMPTION (If Applicable) Exempt per: SCM Vol. 1 4.04. A.3 (DGS memo date 06/1211981) Page 1 of t City of Santa Ana 19-PGP-13895, Am. 1 Rev. 10/2022 Page 1 of 5 Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Application for Funds A. The Department is entering into this Agreement on the basis of, and in reliance on facts, information, assertions and representations contained in the Application and any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. The Grantee warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 2. Grant and Reimbursement Limit The maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement shall not exceed $625,000.00. 3. Grant Timelines A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the "Effective Date"). B. All Grant funds must be expended by December 31, 2023. C. The Grantee shall deliver to the Department all final invoices for reimbursement on or before September 30, 2023, to ensure meeting the December 31, 2023 deadline. D. It is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates. 4. Allowable Uses of Grant Funds A. The Department shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Guidelines, the NOFA, and this Agreement. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: October 4, 2022 City of Santa Ana 19-PGP-13895, Am. 1 Rev. 10/2022 Page 2 of 5 B. Grant funds shall only be used by the Grantee for project activities approved by the State that involve the preparation and adoption of project activities as stated in the scope of work, project description, project timeline and other parts of the application, and eligible activities and uses pursuant to Article III of the Guidelines. C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to the preparation and adoption of the proposed activity. D. The Grantee shall use no more than 5 percent of the total grant amount for costs related to administration of the project. E. A Grantee that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program. After the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables in accordance with Schedule F: Project Timeline and Budget and the Statement of Work and subject to the terms and conditions of this Agreement. G. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of execution and acceptance of the Standard Agreement and completed during the grant term will be reimbursable. H. Approved and eligible costs incurred prior to the NOFA date are ineligible. 5. Performance The Grantee shall take such actions, pay such expenses, and do all things necessary to complete the scope of work specified in Exhibit A and as incorporated by the SB 2 Program application in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. 6. Fiscal Administration A. The Grantee is responsible for maintaining records which fully disclose the activities funded by the PGP grant. Adequate documentation for each reimbursable 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 PGP 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 Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: October 4, 2022 City of Santa Ana 19-PGP-13895, Am. 1 Rev. 10/2022 Page 3 of 5 determination of the allowability of any expense shall be final, absent fraud, mistake or arbitrariness. B. Work must be completed prior to requesting reimbursement. The Department may make exceptions to this provision on a case by case basis. In unusual circumstances, the Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work. C. Prior to receiving reimbursement, the Grantee shall submit the following documentation: 1) Government Agency Taxpayer ID Form (GovTIN; Fi$cal form); 2) A Request for Funds on a form provided by the Department; and 3) Any and all documentation requested by the Department in the form and manner as outlined in the following subsection D. D. Grantee shall submit all required reimbursement documentation to the following address: Department of Housing and Community Development Housing Policy Development Land Use Planning Unit Attention: PGP Program Manager 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 P. O. Box 952050 Sacramento, CA 94252-2050 E. The Grantee shall submit invoices for reimbursement to the Department according to the following schedule: 1) At maximum, once per quarter; or 2) Upon completion of a deliverable, subject to the Department's approval; and 3) At minimum, one invoice for reimbursement annually. The Department will use the 2019 calendar year beginning with January, with first requests for reimbursement accepted on or after September 30, 2019. The request for reimbursement must be for a minimum of 15 percent of the maximum grant amount awarded. The Department may consider exceptions to the minimum amount requested on a case -by -case basis. All invoices shall reference the contract Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: October 4, 2022 City of Santa Ana 19-PGP-13895, Am. 1 Rev. 10/2022 Page 4 of 5 number and shall be signed and submitted to the Department's Program Manager at the address provided above in Section 6, item D of Exhibit B. Invoices shall include at a minimum the following information: 1) Names of the Grantee's personnel performing work; 2) Dates and times of project work; 3) Itemized costs in accordance with the Schedule F: Project Timeline and Budget and Statement of Work, including identification of each employee, contractor, subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each of the Grantee's employees, contractor(s), sub-recipient(s) or subcontractor's staff member(s), authorized expenses with receipts, and contractor, sub -recipient and subcontractor invoices; and 4) Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of grant funds. G. The Department will reimburse the Grantee directly for all allowable project costs as promptly as the Department's fiscal procedures permit upon receipt of an itemized signed invoice. H. The Department recognizes that budgeted deliverable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the Grantee. I. Grant funds cannot be disbursed until this Standard Agreement has been fully executed. J. Grant fund payments will be made on a reimbursement basis; advance payments are not allowed. The Grantee, its subcontractors and all partners, must have adequate cash flow to pay all grant -related expenses prior to requesting reimbursement from the Department. The Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work pursuant to Section 601(f) of the Guidelines. K. The Grantee will be responsible for compiling and submitting all invoices, supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. 1) Supporting documentation may include, but is not limited to; purchase orders, receipts, progress payments, subcontractor invoices, timecards, or any other Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: October 4, 2022 City of Santa Ana 19-PGP-13895, Am. 1 Rev. 10/2022 Page 5 of 5 documentation as deemed necessary by the Department to support the reimbursement to the Grantee for expenditures incurred. L. The Grantee will submit for reimbursements to the Department based on actual costs incurred, and must bill the State based on clear and completed objectives and deliverables as outlined in the application, in Schedule F: Project Timeline and Budget, the Statement of Work, and/or any and all documentation incorporated into this Standard Agreement and made a part thereof. M. The Department may withhold 10 percent of the grant until grant terms have been fulfilled to the satisfaction of the Department. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: October 4, 2022