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