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HomeMy WebLinkAbout55F - RESO - PARKS PROGRAM GRANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 TITLE: APPROPRIATION ADJUSTMENT RECOGNIZING HOUSING RELATED PARKS PROGRAM GRANT REVENUE AND RESOLUTION UPDATE {STRATEGIC PLAN NO. 5, 4A} CITY MANAGgR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 � Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing grant revenue in the amount of $316,350 in the Parks /Recreation Capital Grants revenue account (no. 16113002 52025) and appropriating funds to the State Resources Agency Grant expenditure accounts (no. 16113262 various). 2. Approve an appropriation adjustment recognizing District 1 Acquisition and Development funds in the amount of $175,000 in the Residential Development District 1 revenue account (no. 31113002 57991) and appropriating funds to the Residential Development District 1 expenditure accounts (no. 31113260 various). 3. Adopt a resolution recognizing the Housing Related Parks Grant in the amount of $1,030,800 for the construction of a park at Memory Lane and the Santa Ana River. DISCUSSION The State of California issued a Notice of Funding Availability for the Housing Related Parks Program to provide funds for parks and recreation projects that benefit the community and add to the quality of life. The program awards funds on a per- bedroom basis for residential units, affordable to very low- and low- income households, created or converted during the designated program year. The project site is approximately a half acre of undeveloped, vacant land next to the Santa Ana River Bike Trail. The project will add a park to the inventory of park sites in the City. Improvements will include installation of a rest area with drinking fountains, bike racks, equestrian hitching station, playground equipment and shelter, exercise area, drought tolerant landscaping and river rock bio- Swale, security lighting, hard surface and decomposed granite walkway and other site amenities. The project site is intended for use by the nearby Vista Del Rio Housing site as well as users of the Santa Ana River Bike Trail. 55F -1 Resolution for Housing - Related Parks Program November 18, 2014 Page 2 The Parks, Recreation and Community Services Agency was notified that the grant application was awarded $1,030,800. A resolution is required recognizing the grant funds. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4, Support neighborhood vitality and livability, Strategy a, Support the design and construction of parks to provide increased open space and opportunities for recreation throughout the city, construct the Roosevelt Walker Park and Community Center, and develop concepts and proposals for the Library Park in the Civic Center and Centennial Santa Ana River Eco -Park. FISCAL IMPACT As part of the CIP, the City appropriated $714,450, the anticipated grant amount for fiscal year 2014 -2015. This appropriation adjustment of $316,350 represents the difference between the anticipated amount and actual grant award of $1,030,800. The appropriation adjustments will recognize grant revenue in the amount of $316,350 in the Parks /Recreation Capital Grants revenue account (no. 16113002 52025) and appropriate an equal amount to the State Resources Agency Grant expenditure accounts (no. 16113262 various) and recognize funds in the amount of $175,000 in the Residential Development District 1 revenue account (no. 31113002 57991) and appropriate an equal amount to the Residential Development District 1 expenditure accounts (no. 31113260 various). Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Executive Director Finance & Management Services Agency /l' 55F -2 10 -2814 les RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACKNOWLEDGING THE GRANT AWARD FOR HOUSING - RELATED PARKS PROGRAM GRANT AND AUTHORIZING EXECUTION OF STATE STANDARD AGREEMENT FOR SUCH GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State of California, Department of Housing and Community Development ( "State ") issued a Notice of Funding Availability dated October 2, 2013 ( "NOFA ") under its Housing - Related Parks ( "HRP ") Program. B. By Resolution No. 2014 -004, the City of Santa Ana was authorized to apply for a HRP Program grant and submitted the 2013 Designated Program Year Application Package released by the State for the HRP Program. C. The State is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. D. The State has awarded an HRP Program Grant to the City in the amount of One Million Thirty Thousand Eight Hundred Dollars ($1,030,800.00) for the improvements to the Memory Lane/Santa Ana River Park. Section 2. The application the City submitted was approved by the State for funding to the City in the amount of One Million Thirty Thousand Eight Hundred Dollars ($1,030,800.00) and the City is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement ( "Standard Agreement"), and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the State, and all amendments thereto (collectively the "HRP Grant Documents "). Section 3. The City shall be subject to the terms and conditions specified in the Standard Agreement. Funds are to be used for the allowable capital asset project consisting of the improvements to Memory Lane/Santa Ana River Park, which is identified in Exhibit A to the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. City agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the State and in accordance with the NOFA and Program Guidelines and Application Package. 55F -3 10-28.14 les Section 4. The Executive Director of the Parks, Recreation and Community Services Agency, by previous resolution, is authorized to execute in the name of the City, the HRP Program Application Package and the HRP Grant Documents as required by the State for participation in the HRP Program. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:� �. Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on November 18, 2014. Date: Clerk of the Council City of Santa Ana 55F -4 STATE OF CALIFORNIA STANDARD AGREEMENT AGREEMENT NUMBER STD 213 (Rev 06M3) 14RAPP.9159 REGISTRATION NUMBER Th is 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 orsants Ana __ .... ..... 2 -The term of this Agreement is: Upon TICK) Approval through 095012816 3. The maximum amount of this S110301808.00 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 Califomia General Terms and Conditions" OTC - 6I8 Exhibit D - HRPP Terms and Conditions 2 Exhibit E- Special Terms and Conditions I Exhibit F - Additional Provisions 0 TOTAL NUNMER OF PAGES ATTACHED-. 7 pages Items shown with an Asterisk (t), are hereby Incorporated by reference and made part orthis agreement as if enached hereto. These documents can be viewed at http,l/www.documents.des.ca.aovlol.VQTC-610.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR Califerals Department of OON"fRACTDR'$ NAME (iCathor than sn individusl, state wheNer ymrpomtfon, partnxship,etc) General Service Use Only City of Santa Ana DAT 3(G`NE5(moomttypa) ADDRESS 20 Civic Center Plaza Room 273 b1 -23, Santa Ana, CA 92701 STATE OF CALIFORNIA AGENCY NA't1E Department of Housing and Community Development BY (Authoreed Signmurei DATE SIGNED (Do not typo) PRINTED NAME AND TITLE OF PERSON SIGNING Cathy Parr, Contracts Manager, Business & Coot net Services Branch __ .-._ ._ _____.___.. _ ____—. x Exempt pereSC Yl 4.04.A3(DGS ADDRESS - -- Memo dated 6112/81) 2020 W. El Camino Ave, Sacramento, CA 95833 APPROVED AS TO FORM LISA E. STORCK Assistant 81ty Atterney 55F -5 EXHIBIT A Joni Authority City of Santa Ana 14 -HRPP -9159 Page 1 of 2 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 841 of the Statutes of 2008, the State of California Department of Housing and Community Development (herein referred tD 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 ") governing the Program. 20MV17r. M. 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. ITT -T-T 7Fi'f"Ii.'i Improvements to Memory Lane / Santa Ana River Park. HRP Program Grant - Round 3 NOFA Date: 10/02!13 Rev. Date: 8115114 Prep Dale: 8120114 55F -6 EXHIBIT A Grant Tlmelines City of Santa Ana 14- HRPP•9159 Page 2 of 2 No work performed prior to the effective date of this Agreement or after June 30, 2018, 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. CNEW =1k MUt_ -c The total amount of this Grant is $1,030,800.00. HRP Program Grant — Round 3 NOFA Dale: 10/02113 Rev. Date: 8115114 Prep Date: 6120/14 55F -7 EXHIBIT B ):f:1"97M_ MT Lj rant Funds City of Santa Ana 14 -HRPP -9159 Page 1 of 2 A. Grant funds shall only be used for projects approved by the Stale that Involve the construction, rehabilitation, and/or acquisition of capital assets as defined by the California Government Code, Section 18727(a) that benefit the community within the Contractor's jurisdiction and as further set out in Section 108 of the Guidellnes. 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" coats 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 de all things necessary to complete the Work specified in Exhibit A In accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. �ilrmfx ii = M 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, 2018. All funds must be requested by the Contractor by April 30, 2018 and expended by June 30, 2018. 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 httn: //www.hcd.ca..qov/hod /hroo. 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 shag be submitted to the Department. C. Failure to expend contract funds in a timely manner may affect future funding. HR Program Grant —Round 3 NOFA Date: 1 D102113 Rev, Dale: 8 /18N4 Prep Date: 8720114 y e, City of Santa Ana 14 -HRPP -9159 Page 2of2 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 shalt 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 shalt provide the State with a letter of request that describes the additional project(s) to be funded. G. The Contractor shalt immediately inform the State, no later than December 31, 2015, 0 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 9 requested by the State, of the accuracy of the records and the eAowability 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 atiowabiitiy of any expense shall be final, absent fraud, mistake or arbitrariness. 1. 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 K El Camino Ave. P.O. Box 952050 Sacramento, California 94252 -2050 HRP Program Grant — Round 3 NOFA Date: 10112/13 Rev. Date: 8/15114 Prop Data: 8120/14 55F -9 EXHIBIT D HRP PROGRAM GENERALTERMS AND CONDITIONS HRP Prooram Grant 1. Report Requirements City of Santa Ana 14 -HRPP -9159 Page 1 of 2 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 31° 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 htto:/www.hcd.ca.00vlhod /hro o; 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 hft:J/www.hcc1.ca,cov/hQd/hrpp. 2. State Contract Coordinator The state contract coordinator of this Agreement for the Department is the HRP Program Manager, Division of Housing Po'.icy 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/Ratention and insoection of Records Contractor agrees that the Department or its delegates 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: 8/15114 Prep Date: 8120114 55F -10 City of Santa Ana 14- HRPP•9159 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 at seq., the California Government Code Section 8546.7 and Title 2, Califomia Code of Regulations, Section 1896.60 at 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, 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. Prevailina Mass 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 (commenting with Section 1720) of Part 7 of the Califomia 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 " constructon 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. 10102/13 Rev. Date: 8115114 Prep Dale: 820114 55F -11 City of Santa Ana 144HRPP-9159 Page t of 1 EXHIBIT E HRP PROGRAM SPECIAL TERMS AND CONDMONS HRP Proaram 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 Chant— Round 3 NOFA Date ID /02/13 Rev. Date: 8 /15 /14 Prep Date: 55F -12