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HomeMy WebLinkAbout2005-11-08; City Council; 18332; Workforce Housing Incentive GrantCITY OF CARLSBAD - AGENDA BILL n 3 n a a w 8 a a .. z 0 F 2 J 0 z 3 0 0 - DEPT. HlRED RECOMMENDED ACTION: Adopt Resolution No. 2005-326 authorizing the Housing and Redevelopment Director to execute an agreement with the State of California Department to receive funds from the Workforce Housing Incentive Grant Program. ITEM EXP LAN AT ION : The Workforce Housing Incentive Grant (WFG) Program was established pursuant to Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002. The WFH Program rewards cities and counties that approve housing affordable to lower income households. The program provides grant funds for capital asset projects that benefit the community and add to the community’s quality of life. On March 15, 2005, City Council approved Resolution 2005-068 authorizing the Housing and Redevelopment Director to submit a grant application for the WFH Program. The City has been notified that it is eligible to receive a grant of up to $400,536 from the program to assist in the future development of affordable rental housing in Carlsbad. The funds may be used on the proposed affordable apartment complex to be located on the southeast corner of El Camino Real and Cassia Road, or on other affordable developments yet to be identified. FISCAL IMPACT: No matching funds are required to receive the WFH Program grant. The grant funds will be used to assist in providing affordable rental housing to lower income households. EXHIBITS: 1. Resolution No. 2005-326 authorizing the Housing and Redevelopment Director to execute an agreement with the State of California for the City to receive a grant from the Workforce Housing Incentive Grant Program. 2. State of California Standard Agreement Number 04-WFH-009. DEPARTMENT CONTACT: Frank Boensch, (760) 434-281 8, fboen@ci.carlsbad.ca.us 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2005-326 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE HOUSING AND REDEVELOPMENT DIRECTOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE CITY TO RECEIVE FUNDING FOR AFFORDABLE HOUSING FROM THE WORKFORCE HOUSING INCENTIVE GRANT PROGRAM. WHEREAS, the City Council of the City of Carlsbad, California approved Resolution No. 2005- 068 authorizing the Housing and Redevelopment Department to submit an application to the State of California to receive funds from the Workforce Housing Incentive Grant Program; and WHEREAS, the State of California has allocated up to $400,536 to the City of Carlsbad from the Workforce Housing Incentive Grant Program for affordable housing purposes. NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council as follows: 1. That the above recitations are true and correct. 2. That the Housing and Redevelopment Director is authorized to execute an agreement with the State of California to receive up to $400,536 from the Workforce Housing Incentive Grant Program for affordable housing purposes. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 8th day of November , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None ATTEST: 1 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) EXHIBIT 2 AGREEMENT NUMBER 1 BY (Authorized Signature) 04-W FH-009 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: Department of Housing and Community Development City of Carlsbad Agreement is: of this Agreement is: $400,536.00 STATE AGENCY'S NAME CONTRACTOR'S NAME 2. The term of this Upon HCD Approval through June 30,2008 3. The maximum amount DATE SIGNED(Do not type) 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. BY (Authorized Signature) Exhibit A Exhibit B Exhibit C Exhibit D - Scope of Work - Budget and Detail and Payment Provisions - HCD General Terms and Conditions - State of California General Terms and Conditions DATE SIGNED(Do nut type) TOTAL NUMBER OF PAGES ATTACHED: IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 6 PRfNTED NAME AND TITLE OF PERSON SIGNING ADDRESS 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 STATE OF CALIFORNIA AGENCY NAME 95 Susan J. Phillips, Manager, Budget and Contracts Branch 1800 Third Street, Rm. 350, Sacramento, CA 9581 4 PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 1 Page(s) 2 Page@) 2 Page(s) 6 Paqe(s) 11 Pages California Department of General Services Use Only [XI Exempt from: Department of General Services Approval 3 City of Carlsbad Page 1 of 1 04-WFH-009 EXHIBIT A Authority, Purpose and Scope of Work 1. Authority: Pursuant to Chapter 3.8 of Part 2 of Division 31 of the Health and Safety Code, commencing with Section 50550, as added by Section 2 of Chapter 482 of the Statutes of 2002, the State has established the Workforce Housing Reward Program (the “Program”). This 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 50550. Pursuant to Health and Safety Code Section 50550.1, known as the Workforce Housing Reward Program, the State has issued a Notice of Funding Availability and Guidelines (NOFA) governing the Program. 2. Purpose: In accordance with the authority cited above, the Contractor has applied to the State for financial assistance 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 building permits, for housing units affordable to very low and low-income households by the Contractor pursuant to the terms of the NOFA. Based on the representations made in the Contractor‘s 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 the capital improvement(s). 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, and further subject to the State laws and requirements governing State contracts. 3. Scope of Work: Funds to be used to develop affordable apartment projects. City of Carlsbad Page 1 of 2 04-WFH-009 EXHIBIT B 1. Budqet Detail and Payment Provisions 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 Contractor’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 Contractor or for other “soft” costs that are not directly related to the construction or acquisition of capital assets. 2. Work to be Performed: Contractor shall take such actions, pay such expenses and do all things necessary to complete the work specified in Attachment A in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. 3. F i scal Ad m i n is t ra t i o n : 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, 2006. This Agreement shall terminate upon completion of the work and acqeptance by the State of the final report, but no later than June 30, 2008, by which date the Contractor must have expended all Grant funds and submitted its final report. 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 6. The Contractor shall expend the funds within 90 days from the date of receipt from the State. City of Carlsbad Page 2 of 2 04-WFH-009 EXHIBIT B Budget Detail and Payment Provisions C. 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. D. 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. E. 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 , 2007, if it is anticipated that the Contractor will not be able to expend all Grant funds by June 30,2008. G. 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. H. Any unexpended funds remaining at the end of the contract period or termination date 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 within thirty (30) days of the contract termination or expiration date. City of Carlsbad Page 1 of 2 04-W FH-009 EXHIBIT C HCD General Terms and Conditions 1. Report Rea u irements: A. The Contractor shall submit a bi-annual report to the State within 60 days after the first anniversary of the effective date, and every 6 months thereafter for as long as the Contractor has not expended all Grant funds. The bi-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. B. 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, 2008, 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 2004. The Contractor shall use the form attached hereto as Attachment C for the submission of the final report. 2. State Coordinator: The coordinator of this Agreement for the State is the Program Manager for the Workforce Housing Reward Grant Program, Division of Housing Policy Development. Any notice, report, or other communication required by this Agreement shall be mailed first class to the State Coordinator at the following address: Department of Housing and Community Development Division of Housing Policy Development 1800 3rd Street, Room 430 P.O. Box 952053 Sacramento, California 94252-2053 Attention: WFH Program Manager 7 City of Carlsbad Page 2 of 2 04-WFH-009 EXHIBIT C HCD General Terms and Conditions 3. AudiuRetention 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 101 15.10. 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. P revai I i ng Wanes: 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 “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 req u i rements (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 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. City of Carfsbad Page I of 6 04-W FH-009 EXHIBIT D State of California General Terms and Conditions 1. Approval This Agreement is of no force and effect until signed by both parties. 2. Am end men t No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. Assinnment 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 formal written amendment. 4. 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 the Contractor in the performance of this Agreement. 5. Disputes Contractor shall continue with the responsibilities under this Agreement during any dispute. 6. Termination for Cause The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirevents of this Agreement at the time and in the manner herein provided. [See Exhibit C for additional breach, notice and provisions.] 7. 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. City of Carlsbad Page 2 of 6 04-W FH-009 EXHIBIT D State of California General Terms and Conditions 0. Non-Discrimination Clause A. 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 (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 (Government Code Section 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-9, 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. B. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 9. Timeliness Time is of the essence in this Agreement. 10. Governinq Law This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 11. Child SURPO~~ Compliance Act If this Agreement is in excess of $1 00,000, by executing this Agreement, Contractor acknowledges and agrees to the following: 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. City of Carlsbad Page 3 of 6 04-WFH-009 EXHIBIT D State of California General Terms and Conditions 12. Severability 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. *13. Union Activities By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement and agrees to the following: 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. C. 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 equally available to the general public for holding meetings. D. 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. *This provision is stayed pending the outcome of the litigation entitled, Chamber of Commerce v. Lockyer (April 2004) 364 F3d I1 54. 14. Drug-Free Workplace Requirements Contractor shall comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and shall 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. City of Carlsbad Page 4 of 6 04-WFH-009 EXHIBIT D State of California General Terms and Conditions C. Every employee who works on the proposed contract 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 under this agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the State determines that any of the following has occurred: (I) the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Government Code section 8350 et seq.) DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California: 15. Conflict of Interest Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. A. Current State Employees (Public Contracts Code section 10410): 1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2. No officer or employee shall contract on his or her own behalf as an independent Contractor with any state agency to provide goods or services. 6. Former State Employees (Public Contracts Code section 1041 1): 1. For the’two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. City of Carlsbad Page 5 of 6 04-WFH-009 EXHIBIT D State of California General Terms and Conditions C. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Public Contracts Code section 10420) D. Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contracts Code section 10430 (e)) 16. Labor CodeMlorkers’ Compensation Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker‘s Compensation or to undertake self-insurance in accordance. with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code section 3700) 17. Americans With Disabilities Act Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 18. Contractor Name Change An amendment is required to change the Contractor’s name as listed on this Agreement. Upon receipt of legal documentation of the name change, the State will process the amendment. 19. Corporate Qualifications to Do Business in California: A. If Contractor is a corporation, the State may verify that the Contractor is currently qualified to do business in California in order to ensure that all obligations due to the State are fulfilled. 6. “Doing business” is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to iaxation, rarely will a corporate contractor performing within the State not be subject to the franchise tax. C. Both domestic and foreign corporations (those incorporated outside California) must be in good standing in order to be qualified to do business in California. If Contractor is a corporation, the State will determine whether Contractor is in good standing by contacting the Office of the Secretary of State. 20. Resolution A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. City of Carlsbad Page 6 of 6 04-W FH-009 EXHIBIT D State of California General Terms and Conditions 21. Air or Water Pollution Violation Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of the provisions of federal law relating to air or water pollution. 22. Pavee Data Record Form Std. 204 This form must be completed by all contractors that are not another state agency or other government entity. 23. National Labor Relations Board Certification If Contractor is receiving federal funds under this Agreement, Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor’s failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Not applicable to public entities) 24. Domestic Partners Commencing on July 1, 2004 Contractor certifies that it is in compliance with Public Contract Code section 10295.3 with regard to benefits for domestic partners. For any contracts executed or amended, bid packages advertised or made available, or sealed bids received on or after July 1 2004 and prior to January I , 2007, a contractor may require an employee to pay the costs of providing additional benefits that are offered to comply with PCC 10295.3.