HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (4)INSURANCE NOT REQUIRED A-2016-343
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ChERK OF COUNCIL.
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FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING
REIMBURSEMENT OF CONSTRUCTION COSTS
FOR ROOSEVELT -WALKER ELEMENTARY SCHOOL
INCORPORATING PROP. 84 GRANT AND CDBG REQUIREMENTS
THIS FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT ("First
Amendment") is entered into this 6th day of December 2016, by and between the City of
Santa Ana, a charter city and municipal corporation ("City") and the Santa Ana Unified School
District, a public school district ("District").
RECITALS
A. On March 18, 2013, the City entered into Reimbursement Agreement #A-2013-043 ("said
Agreement") with the District regarding the reimbursement of design and construction costs
for improvement of the multi-purpose sports and recreation facilities (the "Facilities") at
Roosevelt-Wallcer Elementary School (the "Project').
B. In accordance with the terms and conditions of said Agreement, the parties desire to amend
said Agreement to increase funding for the Project.
C. In addition, the City, as an entitlement recipient and grantee of the United States
Department of Housing and Urban Development ("HUD") Community Development
Block Grant ("CDBG") Catalog of Federal Domestic Assistance (CFDA) Number
14.218, Federal Award Identification Numbers (FAIN) B -14 -MC -06-0508, B -15 -MC -06-
0508, B -16 -MC -06-0508, award amounts of $5,560,186, $5,434,375 and $5,286,263
respectively, on July 1, 2014, July 1, 2015, and July 1, 2016 respectively, desires to
amend said Agreement to include the expenditure of CDBG funds in accordance with
Title 24, Part 570 of Code of Federal Regulations (24 CFR 570.000), et seq., to pay for
design and construction of the Project.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
the terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
1. Section 2, subsection b, of said Agreement shall be amended to read as follows:
"The City shall reimburse the District for preconstruction costs, which shall include design
costs, and construction costs for the Facilities in a total not to exceed the amount of
Seven -Million, Five -Hundred Seventeen Thousand, Five -Hundred Nine Dollars
($7,517,509.00), which includes Four -Million, Nine -Hundred and Thirty Thousand
Dollars ($4,930,000.00) in Prop 84 funds from the State, Two -Million, Eighty -Nine
Thousand, Two -Hundred Sixty -One Dollars ($2,089,261.00) in CDBG funds from
HUD, Two -Hundred Twenty -Three Thousand, Two -Hundred Forty -Eight Dollars
($223,248.00) in A&D District 2 Available Funds from the City, and Two -Hundred
Seventy -Five Thousand Dollars ($275,000.00) in A&D District 3 Available Funds from
the City. The City shall pay invoices submitted by the District within thirty (30) days
following receipt of invoice as set forth above, subject to receipt of Prop 84 funds from the
Exhibit 2
State and availability of CDBG ftmds from HUD. The City shall retain Seventy -Thousand
Dollars ($70,000.00) for costs associated with contract administration and CEQA
compliance required by the grant."
2. Section 2, subsection d, of said Agreement shall be deleted.
3. Section 4, subsection a, of said Agreement shall be amended to read as follows:
"This Agreement shall begin on the date first stated above and terminate ninety days after
District files a Notice of Completion regarding the Facilities or by June 30, 2019,
whichever is the earlier. The City may extend the term of the Agreement with a writing
signed by the City Manager and City Attorney. Except as indicated herein, neither party
may terminate this Agreement."
4. Section 11.5, shall be added to said Agreement and read as follows:
1111.5. Terms Required Based on CDBG Funding The following terms are made a part
of this Agreement, as required by the Parties' participation in and use of funds from the
HUD CDBG program.
A. Use of Debarred, Suspended, or Ineligible Participants. The Parties shall
comply with the provisions of 24 CFR 570.609 relating to the employment,
engagement of services, awarding of contracts, or funding of any contractor or
subcontractor during any period of debarment, suspension, or placement in
ineligibility status.
B. No Pending Investigation. Each Party asserts that, to the best of its knowledge, it
is not the subject of any current or threatened criminal or civil action investigation
by any other public agency, including without limitation a police agency or
prosecuting authority, which would relate to performance of the Agreement or
provision of services hereunder.
C. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. District shall comply with applicable uniform
requirements as described in 24 CFR 570.502. The following requirements and
standards must be complied with: 2 CFR Part 200 et al. District shall procure all
materials, property, or services in accordance with the requirements of 2 CFR
200.318-326,
D. Other Program Requirements. District shall carry out each activity in compliance
with all federal laws and regulations described in Subpart IC of 24 CFR 570.
District will carry out its activities in compliance with the requirements of Subpart
K of 24 CPR 570, however District does not assurne the City's environmental
responsibilities or the responsibility for initiating the environmental review process
under 24 CFR Part 52,
2
Exhibit 2
E. Reversion of Assets. District shall comply with the following:
1. Upon the expiration of this Agreement, District shall transfer to City any CDBG
finds on hand at the time of the expiration of this Agreement as well as any
accounts receivable attributable to the use of CDBG finds. [24 CFR 570.503 (b)(7)]
2. Any real property under District control that was acquired or improved in whole
or in part with CDBG funds in excess of $25,000.00 must either be:
a. Used, where City has given written approval, to meet one of the
national objectives stated in 24 CFR 570.208 until five (5) years after
expiration of this Agreement, or for such longer period of time as
determined to be appropriate by City; or
b. If not used in accordance with subparagraph (a) above, District shall
pay to City an amount equal to the current fair market value of the property
less any portion of the value attributable to the expenditure of non-CDBG
finds for acquisition of, or improvement to, the property, Such payment is
program income to City.
F. Audit Report Requirements. The District agrees that if the District expends
Seven Hundred, Fifty Thousand Dollars ($750,000) or more in federal funds, the
District shall have an annual audit conducted by a certified public accountant in
accordance with the standards as set forth and published by the United States Office
of Management and Budget. The District shall provide City with a copy of said
audit by April 1 of the year following the program year in which this Agreement is
executed.
G. Record Keeping/Reporting. Both Parties shall keep and maintain complete and
adequate records and reports to assist one another in meeting and maintaining its
record keeping responsibilities under applicable law, which includes Title 24, Part
570 of Code of Federal Regulations (24 CFR 570.000), et seq. The Parties agree
to share with each other the guidelines and parameters of required record keeping.
The Parties agree to keep all Prqject records for at least five (5) years from the date
of completion of the Project. Records to be maintained include: project plans,
procurement documents, labor compliance documents, docurnentation of project
expenses, including evidence of incurring the expense, invoices for goods or
services, copies of any and all contracts or doctunentation pertaining to costs for
subcontractors, plus all other invoices and proof of payment for which CDBG finds
were expended, and any payments therefor.
H. Access to Records. City and the United States Government and their
representatives or auditors shall have access for purposes of monitoring, auditing,
and examining Districts activities and performance, to books, documents and
papers, and the right to examine records of Districts subcontractors, bookkeepers
and accountants, employees and participants in regard to said program. City and.
Exhibit 2
the United States Government and their representatives or auditors shall also
schedule on-site monitoring at their discretion. Monitoring activities may also
include, but are not limited to, questioning employees and participants in said
program and entering any premises or any site in which any of the services or
activities funded hereunder is conducted or in which any of the records of District
are kept, Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
L Economic Opportunities for Low Income People. To the extent allowable under
applicable state law, the Parties shall implement the goals of Section 3 of the
Housing and Urban Development Act of 1968 that requires employment and other
economic opportunities arising in cormection with housing rehabilitation, housing
construction and other public construction projects which shall, to the extent
feasible and consistent with existing federal, state and local laws and regulations,
be given to low and very low-income persons. To the extent applicable, the Parties
shall comply and/or cause compliance with Section 3 Clause requirements for the
Project.
Labor Standards/Prevailing Wage. The District agrees to comply with the
requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as
amended, the provisions of Contract Work Hours and Safety Standards Act (40
U.S.C. 327 et seq.) and all other applicable federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. The District agrees to comply with the Copeland
Anti -lick Back Act (18 U.S.C. 874 et seq,) and its implementing regulations of the
U.S. Department of Labor at 29 CFR Part 5. The District shall maintain
documentation that demonstrates compliance with hour and wage requirements of
this pant. Such documentation shall be made available to the City for review upon
request. In its contract(s) for construction of the Project, the District shall include a
provision that states in pertinent part: If there is a difference between the general
prevailing wage rates determined by the Director of the Department of Industrial
Relations ("California Prevailing Wages") and the applicable minimum wage rates
determined by the Secretary of Labor ("Federal Wages") for similar classifications
of work, the Contractor and its Subcontractors of every tier shall pay their workers
not less than the higher wage rate.
K. Lobbying. The Parties shall ensure that they comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated
funds may be expended by the recipient of a federal contract, grant, loan or
cooperative agreement to pay any person for influencing or attempting to influence
an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative
agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement.
Exhibit 2
L. Indirect Cost Rate. Pursuant to 2 CFR §200.33'1(a)(4), the Indirect Cost Rate for
the award shall be an approved federally recognized indirect cost rate negotiated
between the District and the Federal government, or, if no such rate exists, the de
minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs.
For this Agreement, the de minimis indirect cost rate of 0% will apply.
M. Program Income. District shall comply with program income requirements set for
the in 24 CFR 570.504(c). Program income received by the District shall be
returned to the City unless otherwise provided for in this Agreement.
N. Equipment. The purchase of equipment is not allowable under this Agreement.
0. Prohibited Use. District hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts, or other
prohibited uses.
P. Women- and Minority -Owned Businesses. District will use its best efforts to
afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance
of this Agreement in accordance with the requirements of 2 CFR 200.321
"Contracting with small and minority businesses, women's business enterprises,
and labor surplus area firms". As used in this Agreement, the term "small business"
means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one percent (.51 %) owned and controlled
by minority group members or women. For the purpose of this definition, "minority
group members" are African-Americans, Spanish-speaking, Spanish surnamed or
Spanish -heritage Americans, Asian -Americans, and American Indians. District
may rely on written representations by businesses regarding their status as minority
and female business enterprises in lieu of an independent investigation.
Q. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in
24 CFR 570.611 and 2 CFR 200.112, the District. certifies that no meraber, officer,
employee, agent or assignee of the City having direct or indirect control of any
CDBG monies granted to the City, inclusive of the subject CDBG funds, shall serve
as an officer of the District. Further, any conflict or potential conflict of interest of
any officer of the District shall be fully disclosed in writing prior to the execution
of this Agreement and said writing shall be attached and deemed fully incorporated
as a part hereof. Notice shall be sent by the District to the City regarding any
changes or modifications to its board of directors and list of officers.
R. Limitation of Funds. The United States of America, through IND, may in the
future place programmatic or fiscal limitations on the use of CDBG fiends which
limitations are not presently anticipated. Accordingly, the City reserves the right
to revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, the City may, in its sole and absolute
Exhibit 2
discretion, reduce the budget of this Agreement as a whole or as to costs category,
may limit the rate of the Districts authority to commit and spend funds, or may
restrict the Districts use of both its uncommitted and its unspent funds. Where
HUD has directed or requested the City to implement a reduction in funding, in
whole or as to a cost category, with respect to funding for this Agreement, the City's
City Manager or delegate is authorized to act for the City in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement
for such purposes. If such a reduction in funding occurs, the District shall be
permitted to de -scope accordingly. In no event, however, shall any revisions made
by the City affect expenditures and legally binding commitments made by the
District before it received notice of such revision, provided that such amounts have
been committed in good faith and are otherwise allowable and that such
eor mitrnents are consistent with HUD cash withdrawal guidelines.
Closeout. The District agrees to comply with the closeout procedures detailed in 2
CFR §200.343, including the following:
1. District must submit, no later than ninety (90) calendar days after the end date
of the period of performance, all financial, performance, and other reports as
required by the terns and conditions of the Federal award;
2. Unless the City authorizes an extension, District must liquidate all obligations
incurred under the Federal award not later than ninety (90) calendar days after
the end date of the period of perfonnance as specified in the teens and.
conditions of the Federal award;
3. District roust promptly refund any balances of unobligated cash that the City
paid in advance or paid and that is not authorized to be retained by District for
use in other projects (See OMB Circular A•129 and 2 CFR §200.345);
4. District must account for any real and personal property acquired with Federal
funds or received from the Federal government in accordance with 2 CFR
§§200.310-200.316 and 200.329; and,
5. The City should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
T. Liability Resulting from CDBG Requirements, Notwithstanding any other
provision provided herein, the Parties acknowledge and agree that any amounts,
including without limitation costs, charges, fees, penalties, or delays of the Project,
incurred by the District directly or indirectly arising out of, connected with, or
resulting from the obligations required by the Parties' participation in and use of
finds from the HUD CDBG program, including as a result of any audit performed
in connection therewith, shall be home by and the responsibility of the City, except
as otherwise mutually agreed to in writing by the Parties or if said amounts are
incurred wholly because of the sole negligence or willful misconduct of the District.
Exhibit 2
Upon written notice by the District, City shall pay directly or reimburse the District
for said amounts within thirty (30) clays of District's notice.
5. Except as hereinabove modified, the terns and conditions of said Agreement remain
unchanged and in full force and effect. This First Amendment may be executed in any number
of counterparts all of which when taken together shall constitute one and the same document.
This First Amendment shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement
the date and year first above written.
ATTEST":
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MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
CITY OF SANTA ANA
DAVID CAVAZ
Cityl Manager
SANTA ANA UNIFIED SCHOOI. DISTRICT:
J ��
B jj:AHODGE Cie: ina Douglasist qrt City Attorney Title: Assistant Superintendent
DUNS:
RECOMMENDED FOR APPROVAL:
GERARDO MOUET, Executive Director
Parks, Recreation & Community Services Agency
Exhibit 2
Upon written notice by the District, City shall pay directly or reimburse the District
for said amounts within thirty (30) days of District's notice.
Except as hereinabove modified, the teens and conditions of said Agreement remain
unchanged and in hill force and effect. This First Amendment maybe executed in any number
of counterparts all of which when taken together shall constitute one and the same document.
This First Amendment shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement
the date and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
CITY OF SANTA ANA
A—
DAVID CAVAZOS
Cityl Manager
SANTA ANA UNIFIED SCIIOOL DISTRICT:
qy::�
� I-IODGE ame:ina Douglasst lit City Attorney Title: Assistant Superintendent
DUNS:
RECOMMENDED FOR APPROVAL:
GERARDO iMOUET, Executive Director
Parks, Recreation & Community Services Agency
Exhibit 2