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HomeMy WebLinkAbout04 HOUSING RELATED PARKS PROGRAM GRANTAgenda Item 4 Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: NOVEMBER 18, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: HOUSING RELATED PARKS PROGRAM GRANT SUMMARY: On January 21, 2014, the City Council adopted Resolution No. 14 -11, authorizing the City of Tustin to apply for a Housing Related Parks (HRP) Program Grant and to submit the 2013 Designated Program Year Application Package released by the State Department of Housing and Community Development (HCD) for the HRP Program. The HRP Program is funded by Proposition IC and administered by HCD and for the current funding cycle provides grant funds based on the number of bedrooms in qualifying affordable housing units permitted between January 1, 2010, and June 30, 2013. The grant funds are required to be used for the costs of park and recreation facility creation, development, or rehabilitation, including the acquisition of land and the construction, rehabilitation, and acquisition of park equipment and physical property. On July 1, 2014, HCD awarded the City of Tustin an HRP Program Grant in the amount of $260,700 to fund capital projects at Frontier Park located at 1400 Mitchell Avenue. One of the requirements of the HRP Program is a resolution from the City Council, authorizing the execution of the agreement with the State of California to secure the grant from HCD and stating the amount of the grant. RECOMMENDATION: Adopt Resolution No. 14 -74, authorizing the execution of an agreement with the State of California to secure the grant, in the amount of $260,700, from HCD. FISCAL IMPACT: The City of Tustin has been awarded $260,700 to fund park - related capital asset projects through the HRP Program. There is no requirement for local matching funds or in -kind services. The fiscal impact related to the administration of the grant funds is insignificant. City Council Agenda Report Housing - Related Parks Program November 18, 2014 Page 2 CORRELATION TO THE STRATEGIC PLAN: The execution of a grant for the HRP Program supports Goal B (Public Safety and Protection of Assets) by providing funding related to capital improvement planning to ensure continuous maintenance and improvement of park facilities. BACKGROUND: In October of 2013, HCD announced the availability of $25 million in grant funds that may be used by eligible local governments to fund park - related capital asset projects through the HRP Program. To be eligible for the HRP Program, local governments must have a housing element that has been determined by HCD to comply with State Housing Element law and must have submitted the required General Plan Annual Progress Reports to HCD for the applicable program years. The City of Tustin complies with both of these requirements. On January 21, 2014, the City Council adopted Resolution No. 14 -11, authorizing the City of Tustin to apply for an HRP Program Grant and to submit the 2013 Designated Program Year Application Package released by HCD for the HRP Program. The HRP Program is funded by Proposition IC and administered by HCD and for the current grant cycle provides grant funds based on the number of bedrooms in qualifying affordable housing units permitted between January 1, 2010, and June 30, 2013. Eligible applicants may receive between $500 and $2,200 per bedroom for qualifying low- income housing units, and between $750 and $2,725 per bedroom for qualifying very low- income housing units, depending on the number of applicable bonus awards. Bonus awards are provided for newly constructed units, extremely low- income units, infill projects, disadvantaged and park- deficient communities, parks that support infill development, and Regional Housing Needs Allocation achievement. The grant funds are required to be used for the costs of park and recreation facility creation, development, or rehabilitation, including the acquisition of land and the construction, rehabilitation, and acquisition of park equipment,and physical property. On July 1, 2014, HCD awarded the City of Tustin an HRP Program Grant in the amount of $260,700 to fund capital projects at Frontier Park located at 1400 Mitchell Avenue. These funds must be requested by April 30, 2016, and fully expended by June 30, 2016. One of the requirements of the HRP Program is a resolution from the City Council, authorizing the execution of the agreement with the State of California to secure the grant from HCD and stating the amount of the grant. The Community Development Department requests Council authorization for continued participation in the HRP Program. Scott Reekstin Elizabeth A. Binsack Principal Planner Community Development Director Attachments: A. City Council Resolution No. 14 -74 B. Standard Agreement for Housing Related Parks Program Grant ATTACHMENT A CITY COUNCIL RESOLUTION NO. 14 -74 RESOLUTION NO. 14 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE STATE STANDARD AGREEMENT FOR THE HOUSING RELATED PARKS PROGRAM GRANT The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That the State Department of Housing and Community Development (HCD) issued a Notice of Funding Availability dated October 2, 2013 (NOFA), under its Housing - Related Parks (HRP) Program. B. That on January 21, 2014, the City Council adopted Resolution No. 14 -11, authorizing the City of Tustin to apply for an HRP Program Grant and to submit the 2013 Designated Program Year Application Package released by HCD for the HRP Program. C. That HCD 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. That on July 1, 2014, HCD awarded the City of Tustin an HRP Program Grant in the amount of $260,700 to fund capital projects at Frontier Park located at 1400 Mitchell Avenue. II. The City of Tustin is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) for an HRP Program Grant in the amount of $260,700, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from HCD, and all amendments thereto (collectively, the "HRP Grant Documents "). III. The City of Tustin shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of Tustin hereby agrees to use the funds for eligible capital assets in the manner presented in the application as approved by HCD and in accordance with the NOFA and Program Guidelines and Application Package. Resolution No. 14 -74 Housing Related Parks Program Page 2 IV. The City Council authorizes the Director of Community Development to execute in the name of the City of Tustin the HRP Grant Documents as required by HCD for participation in the HRP Program. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 18th day of November, 2014. ELWYN A. MURRAY MAYOR ATTEST: JEFFREY C. PARKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 14 -74 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of November, 2014, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER CITY CLERK ATTACHMENT B STANDARD AGREEMENT FOR HOUSING RELATED PARKS PROGRAM GRANT STATE OF CALIFORNIA STANDARD AGREEMENT i A6REEMENT NUMBER -- " " ' "' -- S'fD 213 (Rcv 06103) 14 -HRPP -9178 4 - � RLGISTRXTION NUMBER _ . _ _- _ -.._ _ -_.. __ _ —_ _ _ ______.. - .._.. e' l 1 _This Agreement is entered into behveen the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CON'TRACTOR'S NAME City of Tustin 2. The term of this Agreement is: Upon HCD Approval through 09/3012014 3 The maximum amount of this $260,700.00 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' G'rC - 610 Exhibit D - HRPP Terms and Conditions 2 Exhibit E- Special Terms and Conditions I 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 htip: //www. documents .dgs.ca.gov /ols /CiTC- 610.doe IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of CONTRACTOR'S NAME (i(other Utan an individual, start whether a corporation, p:vtnership,etc) General Service Use Only City of Tustin BY (Authorized Signature) _ iDATE SIGNED (Do no[ lypej PRINTED NAA -1E AND TITLE OF PERSON ADDRLSS 300 Centennial Way, Tustin, CA 92780 STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING DATE SIGNED (Do not type) Cathy Parr, Contracts Manager, Business & Contract Services Branch ADDRESS Exempt per.SCM 4.04.A.3 (DGS Memo dated 6 /12/81) 2020 W. El Camino Ave, Sacramento, CA 95833 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Housing - Related Parks (HRP) Program Grant Authority City of Tustin 14 -H RP P -9178 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 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') governing 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. Scope of Work Conversion of amphitheater to a water play element and replacement of playground equipment at Frontier Park. HRP Program Grant — Round 3 NOFA Date: 10102113 Rev. Date: 8115114 Prep Date: 8/20114 EXHIBIT A Grant Timelines City of Tustin 14 -HRPP -9178 Page 2 of 2 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 $ 260,700.00. HRP Program Grant — Round 3 NOFA Date: 10/02/13 Rev. Date: 8/15/14 Prep Date: 8/20114 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS HRP Program Grant Allowable Uses of Grant Funds City of Tustin 14 -HRPP -9178 Page 1 of 2 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. Performance Contractor shall take such actions, pay such expenses and do 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. 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. 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: 10102/13 Rev. Date: 8/15114 Prep Date: 8/20114 City of Tustin 14 -HRPP -9178 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: 8/20114 W:I:II:]Y11111�7 HRP PROGRAM GENERALTERMS AND CONDITIONS HRP Program Grant Report Requirements City of Tustin 14 -HRPP -9178 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 http: /www.hcd.ca.gov /hpd /hrpp; 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 http://www.hcd.ca.gov/hpd/hrpp. State Contract Coordinator The stale 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, Cafrfomia 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: 10102/13 Rev. Date: 8/15/14 Prep Date: 8/20114 City of Tustin 14 -HRPP -9178 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, 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. Prevailing 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: 8/15114 Prep Date: 8/20/14 City of Tustin 14 -HRPP -9178 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: 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: