STATE
OF
CALIFORNIA-
DEPARTMENT
OF
GENERAL
SERVICES STANDARD
AGREEMENT
AGREEMENT
NUMBER
STD
213
(Rev.
03/2019)
19-PGP-13540
1. This
Agreement
Is
entered
Into
between
the
Contract
ing
Agency
and
the
Contractor
named
be
low
:
CONTRACTING
AGENCY
NAME
DEPARTMENT
OF
HOUSING
AND
COMMUNITY
DEVELOPMENT
CONTRACTOR'S
NAME
City
of
Riverside
2. The
term
of
th
is Agreement
Is:
START
DATE
Upon
HCD
Approval
THROUGH
END
DATE
12/31/2022
3. The
maximum
amount
of
this
Agreement
Is:
$625,000.00
PURCHASING
AU
THORITY
NUMBER
(If app
licable
)
4. The
parties
agree
to
comply
with
the
tenns
and
oondilions
of
the
following
exhib
its, which
are
by
this
reference
made
a part
of
the
Agreement
EXHIBITS Exhibit
A
Authority,
Purpose
and
Soope
of
Work
Exhibit
B
Budget
Detail
and
Payment
Provisions
TITLE
Exhibit
c·
State
of
California
General
Terms
and
Conditions
Exhibit
D
PGP
Terms
and
Conditions
Exhibit
E
Special
Conditions
TOTAL
NUMBER
OF
PAGES
ATTACHED
PAGES
2 5
GTC
-04/2017 8 0 15
••
-
-
•
.
-
•
•
I
• •
Items
shown
with
an
asterisk('),
are
hereby
Incorporated
by
reference
"sn
'rimsde
part
of
this
agreement
as
if attach8d
hereto.
These
documents
can
be
viewed
st
https:llwww
.dgs.ca
.gov/OLS/Resources
IN
WITNESS
WHEREOF,
THIS
AGREEMENT
HAS
BEEN
EXECUTED
BY
THE
PARTIES
HERETO.
CONTRACTOR
~
CONTRACTOR
NAME
(if
other
than
an
-individual,
state
whether
a corporation,
partnersh
ip.etc.)
U
City
of
Riverside
5 COfffRACTOR
BUSINESS
ADDRESS
•
3900
Main
Street
CITY Riverside
0 -
.
.
O
PRINTED
NAME
OF
PERSON
SIGNING
Z
.J>J_
-Z....~Ll
~
STATE CA TITLE
. ZIP 92522
cc,,'-{
~o-..~
DATE
SIGNED
-z...{
v~(
-~
f~
~~
-·
•.
U
CONTRACTIN~G~AME
STATE
OF
CALIFORNIA
-~
Department
of
Housing
and
Community
Development
-<
CONTRACTING
AGENCY
ADDRESS
CITY Sacramento
STATE CA
ZIP : 95833
2020
W.
E)
Camino
Ave.,
Suite
130
PRINTED
NAME
OF
PERSON
SIGNING
TITLE
Synthia
Rhinehart
Contracts
Manager,
Business
&
Contract
Services
Branch
CONTRACTIN~
AU~
DATE
SIGNED
~
Callfomla
Department
of
General
Services
Approval
(or
exemption,
If appllca~
d,l-(
/o--lJ
oD
Exempt
per;
SCM
Vol
. 1 4
.04.A.3
(DGS
memo
dated
6/12/1981)
1. 2. 3.
EXHIBIT
A
AUTHORITY,
PURPOSE
AND
SCOPE
OF
WORK
Authority
City
of
Riverside
19-PGP-13540
Page
1 of
2 Pursuant
to
Health
and
Safety
Code
section
50470,
subdivision
(b)(1)(A),
the
state
of
California
Department
of
Housing
and
Community
Development
(the
•0epartmenr
or
•State•)
has
established
the
Planning
Grants
Program
("PGP,"
or
the
•program•
as
defined
In
Section
102
of
the
Guidelines)
for
Local
Governments
and
Localities.
This
Standard
Agreement,
along
with
all
Its
exhibits
(the
"Agreemenr),
is
entered
into
underthe
authority
of,
and
in
furtherance
of,
the
purpose
of
the
Program.
Pursuant
to
Health
and
Safety
Code
Section
50470,
subdivision
(d),
the
Department
has
Issued
the
Senate
Bill
2 Planning
Grants
Program
Year
1 Guidelines
(the
"Guidelines")
dated
December
2018
governing
the
Program,
and
a Notice
of
Funding
Availability
C-NOFA•)
dated
March
28,
2019.
Purpose In
accordance
with
the
authority
cited
above,
the
Grantee
has
been
awarded
financial
assistance
in
the
form
of
a grant
from
the
Program.
The
Department
has
agreed
to
make
the
grant
to
provide
financial
assistance
for
the
preparation,
adoption
and
implementation
of
a
plan
for
Accelerating
Housing
Production
and
Streamlined
Housing
Production
(as
defined
in
Section
102
of
the
Guidelines)
pursuant
to
the
terms
of
the
Guidelines,
the
NOFA,
and
this
Agreement
By
entering
Into
this
Agreement
and
thereby
accepting
the
award
of
the
Program
funds,
the
Grantee
agrees
to
comply
with
the
terms
and
conditions
of
the
Guidelines,
the
NOFA,
this
Agreement,
the
representations
contained
in
the
application,
and
the
requirements
of
the
authority
cited
above.
Based
on
the
representations
made
by
the
Grantee,
the
State
shall
provide
a grant
in
the
amount
shown
in
Exhibit
B,
Section
2. Definitions Terms
herein
shall
have
the
same
meaning
as
definitions
in
Section
102
of
the
Guidelines.
4. Scope
ot
Work
5. Update
planning
documents,
entlttement
processes
or
zoning
ordinances
in
accordance
with
the
Grantee's
Schedule
F:
Project
Timellne
and
Budget,
as
provided
by
the
Grantee
in
the
SB
2 Planning
Grant
Program
application
used
for
subsequent
approval
by
the
Department
.
Department
Contract
Coordinator
The
Contract
Coordinator
of
this
Agreement
for
the
Department
is
the
Housing
Policy
Development
Manager,
or
the
Manager's
designee.
Unless
otherwise
informed,
any
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020
EXHIBIT
A
City
of
Riverside
19-PGP-13540
Page
2of2
notice,
report,
or
other
communication
required
by
this
Agreement
shall
be
malled
by
first
class
mail
to
the
Department
Contract
Coordinator
at
the
following
address:
Department
of
Housing
and
Community
Development
. Housing
Policy
Development
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020
Land
Use
Planning
Unit
Attention:
PGP
Program
Manager
2020
West
El
Camino
Avenue,
Suite
500
Sacramento,
CA
95833
P.
0. Box
952050
Sacramento,
CA
94252-2050
1. 2. 3.
EXHIBIT
B
BUDGET
DETAIL
AND
PAYMENT
PROYJSIONS
Appllcatlon
for
Funds
City
of
Riverside
19-PGP-13540
Page
1 of
5 A.
The
Department
is
entering
Into
this
Agreement
on
the
basis
of,
and
in
reliance
on
facts,
infonnation,
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.
Grant
and
Reimbursement
Limit
The
maximum
total
amount
granted
and
reimbursable
to
the
Grantee
pursuant
.to
this
Agreement
shall
not
exceed
$625,000.
Grant
Timelln11
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
June
30,
2022
.
C.
The
Grantee
shall
deliver
to
the
Department
all
final
invoices
for
reimbursement
on
or
before
February
28,
2022,
to
ensure
meeting
the
June
30,
2022
deadline
.
Under
special
circumstances,
as
determined
by
the
Department,
the
Department
may
modify
the
February
28,
2022
deadline
.
D.
It is
the
responsibility
of
the
Grantee
to
monitor
the
project
and
timeliness
of
draws
within
the
specified
dates.
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep
. Date
: January
9,
2020
4. 5.
EXHIBIT
B
Allowable
uses
of
Grant
Funds
City
of
Riverside
19-PGP-13540
Page
2 of
5 A.
The
Department
shall
not
award
or
disburse
funds
unless
it
detennines
that
the
grant
funds
shall
be
expended
in
compliance
with
the
terms
and
provisions
of
the
Guidelines,
the
NOFA,
and
this
Agreement
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
desaiption,
project
timellne
and
other
~
of
the
application,
and
eligible
activities
and
uses
pursuant
to
Article
Ill
of
the
Guldellnes.
C.
Grant
funds
may
not
be
used
for
administrative
coats
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
.
F.
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
Tlmeline
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.
Pertonnance 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
aa
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.
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Data:
January
9,
2020
EXHIBIT
B
City
of
Riverside
19-PGP-13540
Page~
of
5 6.
Fllcal
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
detennlned
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.
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.
0. Box
952050
Sacramento,
CA
94252-2050
E.
The
Grantee
shall
submit
Invoices
for
reimbursement
to
the
Department
according
to
the
following
schedule:
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020
EXHIBIT
B
1)
At
maximum,
once
per
quarter;
or
City
of
Riverside
19-PGP-13540
Page
4 of
5 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.
F.
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
contrad
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
wor1<;
2)
Dates
and
times
of
project
wor1<;
3)
Itemized
costs
In
accordance
with
the
Schedule
F:
Project
Timeline
and
Budget
and
Statement
of
Wor1<,
including
identification
of
each
employee,
contrador,
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(&)
or
subcontrador's
staff
member(s),
authorized
expenses
with
receipts,
and
contrador,
sub-recipient
and
subcontrador
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
pennit
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.
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020
EXHIBIT
B
City
of
Riverside
19-PGP-13540
Page5of5
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
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:
January
9,
2020
1. EXHIBIT
D
PGP
TERMS
AND
CONDITIONS
Reporting
City
of
Riverside
19-PGP-13540
Page
1 of
8 A.
During
the
tenn
of
the
Standard
Agreement
the
Grantee
shall
submit,
upon
request
of
the
Department,
a
performance
report
that
demonstrates
satisfaction
of
all
requirements
identified
in
this
Standard
Agreement.
B.
Upon
completion
of
all
objectives
and
deliverables
required
to
fulfill
this
contract
pursuant
to
Schedule
F:
Project
Timeline
and
Budget
and
the
Scope
of
Work,
Exhibit
A,
Section
4,
and
as
referred
to
in
Exhibit
B,
Section
6,
subsection
K. within
this
Standard
Agreement,
the
Grantee
shall
submit
a
final
close
out
report
in
accordance
with
Section
804,
subsection
(b),
and
as
Instructed
in
Attachment
3 of
the
December
2018
Planning
Grants
Program
Guidelines.
The
close
out
report
shall
be
submitted
with
the
final
invoice
by
the
end
of
the
grant
term
as
listed
in
Exhibit
B,
Section
3,
subsection
C.
2. Accounting
Records
3. A.
The
Grantee,
Its
staff,
contractors
and
subcontractors
shall
establish
and
maintain
an
accounting
system
and
reports
that
properly
accumulate
Incurred
project
costs
by
line.
The
accounting
system
shall
conform
to
Generally
Accepted
Accounting
Principles
{GAAP),
enable
the
determination
of
Incurred
costs
at
interim
points
of
completion,
and
provide
support
for
reimbursement
payment
vouchers
or
invoices.
.
8. The
Grantee
must
establish
a
separate
ledger
account
for
receipts
and
expenditures
of
grant
funds
and
maintain
expenditure
details
in
accordance
with
the
scope
of
work,
project
timeline
and
budget.
Separate
bank
accounts
are
not
required.
C.
The
Grantee
shall
maintain
documentation
of
its
nonnal
procurement
policy
and
competitive
bid
process
(including
the
use
of
sole
source
purchasing),
and
financial
records
of
expenditures
incurred
during
the
course
of
the
project
in
accordance
with
GMP
.
D.
The
Grantee
agrees
that
the
state
or
designated
representative
shall
have
the
right
to
review
and
to
copy
any
records
and
supporting
documentation
pertaining
to
the
performance
of
the
Standard
Agreement.
E.
Subcontractors
employed
by
the
Grantee
and
paid
with
moneys
under
the
terms
of
this
Standard
Agreement
shall
be
responsible
for
maintaining
accounting
records
as
specified
above.
AudU, A
At
any
time
during
the
term
of
the
Standard
Agreement,
the
Department
may
perform
or
cause
to
be
performed
a financial
audit
of
any
and
all
phases
of
the
award.
At
the
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date
: October
17,
2019
Prep
. Date:
Janua,y
9,
2020
EXHIBIT
D
CityofRMnlde 1~P-13540
Page2of8
Department's
request,
the
Grantee
shall
provide,
at
its
own
expense,
a
financial
audit
prepared
by
a
certified
pubHc
accountant.
The
State
of
California
has
the
right
to
nwiew
project
documents
and
conduct
audits
during
and
over
the
project
life.
1)
The
Grantee
agrees
that
the
Department
or
the
Department's
designee
shaft
have
the
right
to
review,
obtain,
and
copy
all
records
and
supportilig
documentation
pertaining
to
performance
of
this
Agreement.
2)
The
Grantee
agrees
to
provide
the
Department
or
the
Department's
designee,
with
any
relevant
information
requested.
3)
The
Grantee
agrees
to
permit
the
Department
or
the
Oepa,1ment's
delignee
access
to
its
premises,
upon
reasonable
notice,
during
normal
bulinNa
hotn
for
the
purpose
of
interviewing
employff9
who
might
reasonabfy
have
Information
related
to
such
records
and
inspecting
and
copying
such
books,
records,
accounts,
and
other
material
that
may
be
relevant
to
a
matter
under
inveltigation
for
the
purpose
of
determining
compliance
with
etatutes,
Program
guidelines,
and
this
Agreement.
B.
If
a
financial
audit
Is
required
by
the
Department,
the
aucflt
shaD
be
performed
by
an
Independent
certified
public
accountant.
Selectlon
of
an
Independent
audit
firm
shall
be
consistent
with
procurement
standsda
contained
In
Exhibit
D,
Section
8 subeection
A.
of
this
Standard
Agreement
1)
The
Grantee
shall
notify
the
Department
of
the
auditor's
name
and
address
immediately
after
the
ule
ction
has
been
made.
The
contrad
for
the
audit
shall
allow
access
by
the
Department
to
the
independent
auditor's
working
papers.
2)
The
Grantee
Is
responsible
for
the
completion
of
audits
and
all
costs
of
preparing
audits.
3)
If there
are
audit
findings,
the
Grantee
must
submit
a detailed
response
acceptable
to
the
Department
for
each
audit
finding
within
90 days
from
the
date
of
the
audit
finding
report.
C.
The
Grantee
agrees
to
maintain
such
records
for
possible
audit
after
final
payment
pursuant
to
Exhibit
D,
Section
3,
subsection
E.
below,
unless
a
longer
period
of
records
retention
Is
stipulated.
1)
If any
litigation,
claim,
negotiation,
audit,
monitoring,
inspection
or
other
action
has
been
started
before
the
expiration
of
the
required
record
retention
period,
an
l8COI
ds
must
be
retaJ
.ed
by
the
Grantee,
COi
di
acto,,
and
sutH:011b
actool
until
completion
cl
the
action
and
resolution
of
an
1881
a
which
arise
from
it.
The
Grantee
shall
include
in
any
co,
1b
ad
that
it
enters
into
in
an
amount
exceeding
$10,000,
the
Departn
leilt's
right
to
audit
the
eot
1b
adur's
records
and
Interview
their
employees.
Planning
Grants
Program
(PGP)
NOFA
Data:
March
28,
2019
.
Appovec:t
Data:
OclDber
17,
2019
Prep.
De:
January
9,
2020
4. EXHIBIT D
City of Riverside
19-PGP-13540
2) The Grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.
D. The determination by the Department of the eligibility of any expencfrture shall be final.
E. The Grantee shall retain all books and records relevant to this Agreement for a minimum of (3) three years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter.
Btfflfd•• of Non-performance
A. Any dispute concerning a question of fact arising under this Standard Agreement that la not disposed of by agreement shall be decided by the Department's Housing Polley Development Manager, or the Manager's deslgnee, who may consider any written or verbal evidence submitted by the Grantee. The decfsion of the 0-,pa. b I tent's Housing Polley Development Manager or Designee shall be the Department's final decision regarding the dispute.
B. Neither the pendeney of a dispute nor Its consideration by the Department will excuse the Grantee from full and timely performance In accordance with the terms of this Standard Agreement.
C. In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop wort<, the Grantee shall cease all wort< under the Standard Agreement. The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume wort< under the Standard Agreement.
D. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deflcieney(ies) prior to the early termination date. The Grantee will submit any requested documents to the Deparbnent within 30 days of the early termination notice.
E. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt the completed planning doaJment. Localities that do not fonnally adopt the funded activity could be subject to repayment of the grant.
F. The following shan each constitute a breach of this Agreement:
1) Grantee's failure to comply with any of the tenns and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any Planning Grantl Program (PGP)
NOFADate:Man:1128,2019
AppnMd Dnr. o.a- 17, 2019
Prep. Dall: blur/ 8, 2020
City
of
RJverute
19-PGP-13640
Page4of8
EXHIBIT
D
ineligible
costs
or
for
any
activity
not
approved
under
this
Agreement.
3)
Any
failure
to
comply
with
the
deadlines
set
forth
in
this
Agreement
unless
approved
by
the
Program
Manager.
G.
In
adcfltion
to
any
other
remedies
that
may
be
available
to
the
Department
In
law
or
equity
for
breach
of
this
Agreement,
the
Department
may
at
its
disaetion,
exercise
the
following
remedies: 1) 2) 3) 4) 5) 6) 7)
Disqualify
the
Grantee
from
applying
for
future
PGP
Funds
or
other
Department
administered
grant
programs;
Revoke
existing
PGP
award(s)
to
the
Grantee;
Require
the
return
of
unexpended
PGP
funds
di1buraed
under
this
Agreement;
Require
repayment
of
PGP
Funds
dlsburaed
and
expended
under
this
agreement;
Seek
a
court
order
for
specific
performance
of
the
obligation
defaulted
upon,
or
the
appointment
of
a
receiver
to
complete
the
obligations
In
accordance
with
the
PGP
Program
requirements;
and
Other
remedies
available
at
law,
or
by
and
through
this
agreement.
All
remedies
available
to
the
Department
are
a.mulative
and
not
exdusive.
The
Department
may
give
written
notice
to
the
Grantee
to
cure
the
breach
or
violation
within
a
period
of
not
lea
than
15 days
.
5. Indemnification
6. Neither
the
Department
nor
any
officer
or
employee
thereof
Is
responsible
for
any
injury,
damage
or
liability
occurring
by
reason
of
anything
done
or
omitted
to
be
done
by
the
Grantee,
Its
officers,
employees,
agents,
its
contractors,
its
sub-recipients
or
its
subcol
,b actors
under
or
In
connection
with
any
work,
authority
or
jurisdiction
conferred
upon
the
Grantee
under
this
Standard
Agreement.
It
is
understood
and
agreed
that
the
Grantee
shall
fully
defend,
indemnify
and
save
hannless
the
Department
and
all
of
the
Department's
staff
from
all
claims,
suits
or
actions
of
every
name,
kind
and
desmption
brought
forth
under,
including,
but
not
limited
to,
tortuous,
contractual,
Inverse
condemnation
or
other
theories
or
assertions
of
liability
occurring
by
reason
of
anything
done
or
omitted
to
be
done
by
the
Grantee,
Its
officers,
employees,
agents
contradora,
sub-
recipients,
or
subcontractors
under
this
Standard
Agreement.
Waivers No
waiver
of
any
breach
of
this
Agreement
shall
be
held
to
be
a waiver
of
any
prior
or
subsequent
breach.
The
failure
of
the
Department
to
enforce
at
any
time
the
provisions
of
this
Agreement.
or
to
require
at
any
time,
perfonnance
by
the
Grantee
of
these
provisions,
shall
In
no
way
be
Planning
Grants
Program
(PGP)
NOFA
Data
: March
28,
2019
Approved
Data:
October
17,
2019
Prep.
Data:
January
9,
2020
7. 8. 9.
EXHIBIT
D
City
of
Riverside
19-PGP-13540
Page
5 of
8 construed
to
be
a
waiver
of
such
provisions
nor
to
affect
the
validity
of
this
Agreement
or
the
right
of
the
Department
to
enforce
these
provisions.
Relationship
of
Parties
It
is
expressly
understood
that
this
Standard
Agreement
is
an
agreement
executed
by
and
between
two
independent
governmental
entities
and
is
not
intended
to,
and
shall
not
be
construed
to
, create
the
relationship
of
agent,
servant,
employee,
partnership,
joint
venture
or
association,
or
any
other
relationship
whatsoever
other
than
that
of
an
Independent
party.
Third-Party
Contracts
A.
All
state-government
funded
procurements
must
be
conducted
using
. a
fair
and
competitive
procurement
process.
The
Grantee
may
use
its
own
procurement
procedures
as
long
as
the
procedures
comply
with
all
City/County
laws,
rules
and
ordinances
governing
procurement,
and
all
applicable
provisions
of
California
state
law.
B.
Any
contract
entered
into
as
a
result
of
this
Agreement
shall
contain
all
the
provisions
stipulated
in
the
Agreement
to
be
applicable
to
the
Grantee's
sub-recipients,
contractors,
and
subcontractors.
Copies
of
all
agreements
with
sub-recipients,
contracts,
and
subcontractors
must
be
submitted
to
the
Department's
program
manager
.
C.
The
Department
does
not
have
a
contractual
relationship
with
the
Grantee's
sub
recipients
, contractors,
or
subcontractors,
and
the
Grantee
shall
be
fully
responsible
for
all
work
perfonned
by
its
sub-recipients,
contractors,
or
subcontractors.
D.
In
the
event
the
Grantee
is
partnering
with
another
jurisdiction
or
fonning
a
collaborative
effort
between
the
Grantee
and
other
jurisdictions
who
are
grantees
of
the
SB
2 Planning
Grants
Program,
the
Grantee
acknowledges
that
each
partner
and/or
all
entities
fanning
the
SB
2 Planning
Grants
Program
collaborative
are
in
mutual
written
agreement
with
each
other
but
are
contractually
bound
to
the
Department
under
separate,
enforceable
contracts.
E.
In
the
event
the
Grantee
is
partnering
with
another
jurisdiction
or
forming
a
collaborative
effort
with
other
entities
that
are
not
grantees
of
the
SB
2 Planning
Grants
Program,
the
Department
shall
defer to
the
provisions
as
noted
in
subsections
8(8)
and
8(C)
of
this
part.
Compliance
with
State
and
Federal
Laws.
Rules.
Guidelines
and
Regulations
A.
The
Grantee
agrees
to
comply
with
all
state
and
federal
laws,
rules
and
regulations
that
pertain
to
construction,
health
and
safety,
labor,
fair
employment
practices,
equal
opportunity,
and
all
other
matters
applicable
to
the
grant,
the
Grantee,
its
contractors
or
subcontractors,
and
any
other
grant
activity.
B.
During
the
performance
of
this
Agreement,
the
Grantee
assures
that
no
otherwise
qualified
person
shall
be
excluded
from
participation
or
employment,
denied
program
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020
EXHIBIT
D
City
of
Riverside
19-PGP-13540
Page6
of8
benefits,
or
be
subjected
to
dlsaimination
based
on
race,
color,
ancestry,
national
origin,
sex,
gender,
gender
identity,
gender
expression,
genetic
information,
age,
disability,
handicap,
familial
status,
religion,
or
belief,
under
any
program
or
activity
funded
by
this
contract,
as
required
by
Title
VI
of
the
Civil
Rights
Act
of
1964,
the
Fair
Housing
Act
(42
USC
3601-20)
and
all
implementing
regulations,
and
the
Age
Disaimination
Act
of
1975
and
all
Implementing
regulations.
C.
The
Grantee
shall
Include
the
nondiscrimination
and
compliance
provisions
of
this
clause
in
all
agreements
with
Its
sub-recipients,
contractors,
and
subcontractors,
and
shall
include
a
requirement
in
all
agreements
with
all
of
same
that
each
of
them
in
tum
include
the
nondiscrimination
and
compliance
provisions
of
this
clause
in
all
contracts
and
subcontracts
they
enter
into
to
perform
work
under
the
PGP.
D.
The
Grantee
shall,
in
the
course
of
performing
project
work,
fully
comply
with
the
applicable
provisions
of
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.)
E.
The
Grantee
shall
adopt
and
implement
affirmative
processes
and
procedures
that
provide
information,
outreach
and
promotion
of
opportunities
In
the
PGP
project
to
encourage
participation
of
all
persons
regardless
of
race,
color,
national
origin,
sex,
religion,
famlllal
status,
or
disability.
This
Includes,
but
is
not
limited
to,
a
minority
outreach
program
to
ensure
the
inclusion,
to
the
maximum
extent
possible,
of
minorities
and
women,
and
entities
owned
by
minorities
and
women,
as
required
by
24 CFR
92.351.
1 O.
Litigation A.
If any
provision
of
this
Agreement,
or
an
underlying
obligation,
is
held
invalid
by
a
court
of
competent
jurisdiction,
such
Invalidity,
at
the
sole
discretion
of
the
Department,
shall
not
affect
any
other
provisions
of
this
Agreement
and
the
remainder
of
this
Agreement
shall
remain
in
full
force
and
effect.
Therefore,
the
provisions
of
this
Agreement
are,
and
shall
be,
deemed
severable.
B.
The
Grantee
shall
notify
the
Department
immediately
of
any
claim
or
action
undertaken
by
or
against
it,
which
affects
or
may
affect
this
Agreement
or
the
Department,
and
shall
take
such
action
with
respect
to
the
claim
or
action
as
is
consistent
with
the
terms
of
this
Agreement
and
the
interests
of
the
Department.
11. Changes
In
Jenna/Amendments
This
Agreement
may
only
be
amended
or
modified
by
mutual
written
agreement
of
both
parties.
12. Stata-Qwned
Data
A.
Definitions
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020
EXHIBIT
D
City
of
Riverside
19-PGP-13540
Page
7 of
8 1)
Work:
The
work
to
be
directly
or
indirectly
produced
by
the
Grantee,
Its
employees,
or
by
and
of
the
Grantee's
contractor's,
subcontractor's
and/or
sub-recipient's
employees
under
this
Agreement. 2)
Work
Product:
All
deliverables
created
or
produced
from
Work
under
this
Agreement
including,
but
not
limited
to
all
Work
and
Deliverable
conceived
or
made,
or
made
hereafter
conceived
or
made,
either
solely
or
jointly
with
others
during
the
tenn
of
this
Agreement
and
du~ng
a
period
of
six
months
after
the
tennlnation
thereof,
which
relates
to
the
Work
commissioned
or
perfonned
under
this
Agreement.
Work
Product
includes
all
deliverables,
inventions,
innovations,
improvements,
or
other
works
of
authorship
Grantee
and/or
Grantee's
contractor
subcontractor
and/or
sub-recipient
may
conceive
of
or
develop
in
the
course
of
this
Agreement,
whether
or
not
they
are
eligible
for
patent,
copyright,
trademark,
trade
secret
or
other
legal
protection.
3)
Inventions:
Any
ideas,
methodologies,
designs,
concept,
technique,
Invention,
discovery,
improvement
or
development
regardless
of
patentability
made
solely
by
the
Grantee
or
jointly
with
the
Grantee's
contractor,
subcontractor
and/or
sub-recipient
and/or
Grantee's
contractor,
subcontractor,
and/or
sub-recipient's
employees
with
one
or
more
employees
of
the
Department
during
the
term
of
this
Agreement
and
in
performance
of
any
Work
under
this
Agreement,
provided
that
either
the
conception
or
reduction
to
practice
thereof
occurs
during
the
term
of
this
Agreement
and
in
performance
of
Work
Issued
under
this
Agreement.
B.
Ownership
of
Work
Product
and
Rights
1) 2)
All
work
Product
derived
by
the
Work
performed
by
the
Grantee,
its
employees
or
by
and
of
the
Grantee's
contractor's,
subcontractor's
and/or
sub-recipient's
employees
under
this
Agreement,
shall
be
owned
by
the
Department
and
shall
be
considered
to
be
works
made
for
hire
by
the
Grantee
and
the
Grantee's
contractor,
subcontractor
and/or
subrecipient
for
the
Department
The
Department
shall
own
all
copyrights
in
the
work
product.
Grantee,
Its
employees
and
all
of
Grantee's
contractor's
subcontractor's
and
sub
recipient's
employees
agree
to
perpetually
assign,
and
upon
creation
of
each
Work
Product
automatically
assigns,
to
the
Department,
ownership
of
all
United
states
and
International
copyrights
in
each
and
every
Work
Product,
insofar
as
8J1Y
such
Work
Product,
by
operation
of
law,
may
not
be
considered
work
made
for
hire
by
the
Grantee's
contractor,
subcontractor
and/or
subrecipient
from
the
Department
From
time
to
time
upon
the
Department's
request,
the
Grantee's
contractor,
subcontractor
and/or
subrecf
plents,
and/or
Its
employees,
shall
confirm
such
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020
EXHIBIT
D
City
of
Riverside
19-PGP-13540
Page
8 of
8 assignments
by
execution
and
delivery
of
such
assignment,
confirmations
or
assignment
or
other
written
Instruments
as
the
Department
may
request.
The
Department
shall
have
the
right
to
obtain
and
hold
in
its
name
all
copyright
registrations
and
other
evidence
of
rights
that
may
be
available
for
Work
Product
under
this
Agreement.
Grantee
hereby
waives
all
rights
relating
to
identification
of
authorship
restriction
or
limitation
on
use
_ or
subsequent
modification
of
the
Work.
3)
Grantee,
its
employees
and
all
Grantee's
contractors,
subcontractors
and
sub
recipients
hereby
agrees
to
assign
to
the
Department
all
Inventions,
together
with
the
right
to
seek
protection
by
obtaining
patent
rights
therefore
and
to
claim
all
rights
or
priority
thereunder
and
the
same
shall
become
and
remain
the
Department's
property
regardless
of
whether
such
protection
is
sought.
The
Grantee,
its
employees
and
Grantee's
contractor,
subcontractor
and
/or
subrecipient
shall
promptly
make
a complete
written
disclosure
to
the
Department
of
each
Invention
not
otherwise
clearly
disclosed
to
the
Department
In
the
pertinent
Work
Product,
specifically
noting
features
or
concepts
that
the
Grantee,
its
employees
and/or
Grantee's
contractor,
subcontractor
and/or
subrecipient
believes
to
be
new
or
different.
4)
Upon
completion
of
all
work
under
this
Agreement,
all
intellectual
property
rights,
ownership
and
title
to
all
reports,
documents,
plans,
specifications
and
estimates,
produced
as
part
of
this
Agreement
will
automatically
be
vested
In
Department
and
no
further
agreement
will
be
necessary
to
transfer
ownership
to
Department.
13. 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.
Planning
Grants
Program
(PGP)
NOFA
Date:
March
28,
2019
Approved
Date:
October
17,
2019
Prep.
Date:
January
9,
2020