HomeMy WebLinkAboutDepartment of Housing and Community Development - 2021-02-16 _ .. .._ _. _.. .. _...... . __. ........ ... . _........_
SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(it applicable)
STD 213(Rev.03(2019) 20-PLHA 15162
1.This Agreement Is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Huntington Beach
2.The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
6130/2030
1 The maximum amount of this Agreement is:
$W,495.00
4.The parties agree to compty win the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Fxhibit A Authority,Purpose and Scope of Work 5
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C' Slate of California General Terms and Conddrone GTC-0412017
Exhibit D PLHA Program Terms and Conditions 9
Exhibit E Program Speafic Provisions and Special Conditions 2
TOTAL NUMBER OF PAGES ATTACHED 19
Items shown with an astansk('),am hereby iw"poraled by reference and made part of This agreemenl as d aflached hereto.
These documents can be wewed at - el
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 Huntington Beach
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2000 Main Street Huntington Beach CA 92648
PRINTED NAME OF PERSON SIGNING TITLE
0�lver �t i � /Llast�r
CT AUTHORIZED SIGNATURE DATE SIGNED
r —� a/(oleos/
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of housing and Community Development
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2020 W. El Camino Ave.,Suite 130 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
Shaun Singh Contracts Manager,
Business 8 Contract Services Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
California Department of General Services Approval(or exemption,if applicable) 2/16/2021
Exempt per: SCM Vol. 1 4.04 A 3(DGS memo dated 611 211 98 1)
n MICyA[t F ZE
W CI'M ArTORn!-
CITY OF HUNTINGTON BEACH
City of Huntington Beach
20-PLHA-15162
Page 1 of 5
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. AuthoritV
Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code
(commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the
Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation
("PLHA") Program ("Program"), this Standard Agreement along with all its exhibits (the
"Agreement") is entered under the authority of and in furtherance of the Program.
Pursuant to Health and Safety Code, Section 50470 (b), the California Department of
Housing and Community Development (referred to herein as "HCD" or "Department")
has issued a Notice of Funding Availability (the "NOFA"), dated February 26, 2020, to
govern administration of the fund and carry out the Program.
2. Purpose
In accordance with the authority cited above, an application was made to the State (the
"Application") for assistance from the Program for the purpose of making funding
available to eligible local governments in California for housing related projects and
programs that assist in addressing the unmet housing needs of their local communities.
By entering into this Agreement and thereby accepting the award of the PLHA grant
funds (the "Grant'), the Contractor (sometimes referred to herein as the "Applicant')
agrees to comply with the terms and conditions of the NOFA, this Agreement, the
representations contained in the Application, and the requirements of the authorities
cited above.
3. Definitions
Capitalized terms not otherwise defined herein shall have the meaning of the definitions
set forth in Health and Safety Code Section 50470 and Section 101 of the Guidelines.
4. Scope of Work
A. The scope of work ("Work") for this Agreement shall consist of one or more of the
following eligible uses:
1) The predevelopment, development, acquisition, rehabilitation, and
preservation of multifamily, residential live-work, rental housing that is
affordable to extremely low-, very low-, low-, or moderate-income
households, including necessary Operating subsidies.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 2 of 5
EXHIBIT A
2) The predevelopment, development, acquisition, rehabilitation, and
preservation of Affordable rental and ownership housing, including
Accessory dwelling units (ADUs), that meets the needs of a growing
workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-
cost areas. ADUs shall be available for a term of no less than thirty days.
3) Matching portions of funds placed into local or regional housing trust
funds.
4) Matching portions of funds available through the Low- and Moderate-
Income Housing Asset Fund pursuant to subdivision (d) of HSC
Section 34176.
5) Capitalized Reserves for Services connected to the preservation and
creation of new Permanent supportive housing.
6) Assisting persons who are experiencing or at risk of homelessness,
including, but not limited to, providing rapid rehousing, rental assistance,
supportive/case management services that allow people to obtain and
retain housing, operating and capital costs for navigation centers and
emergency shelters, and the new construction, rehabilitation, and
preservation of permanent and transitional housing.
a) This Activity may include subawards to Administrative Entities as
defined in HSC Section 50490(a)(1-3) that were awarded California
Emergency Solutions and Housing (CESH) program or Homeless
Emergency Aid Program (HEAP) funds for rental assistance to
continue assistance to these households.
b) Applicants must provide rapid rehousing, rental assistance,
navigation centers, emergency shelter, and transitional housing
activities in a manner consistent with the Housing First practices
described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in
compliance with WIC Section 8255(b)(8). An Applicant allocated
funds for the new construction, rehabilitation, and preservation of
Permanent supportive housing shall incorporate the core
components of Housing First, as provided in WIC Section 8255,
subdivision (b).
7) Accessibility modifications in Lower-income Owner-occupied housing.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 3 of 5
EXHIBIT A
8) Efforts to acquire and rehabilitate foreclosed or vacant homes and
apartments.
9) Homeownership opportunities, including, but not limited to, down payment
assistance.
10) Fiscal incentives made by a county to a city within the county to
incentivize approval of one or more Affordable housing Projects, or
matching funds invested by a county in an Affordable housing
development Project in a city within the county, provided that the city has
made an equal or greater investment in the project. The county fiscal
incentives shall be in the form of a grant or low-interest loan to an
Affordable housing Project. Matching funds investments by both the
county and the city also shall be a grant or low interest deferred loan to
the Affordable housing Project.
B. A Local government that receives an allocation shall use no more than five
percent of the allocation for costs related to the administration of the Activity(ies)
for which the allocation was made. Staff and overhead costs directly related to
carrying out the eligible activities described in Section 301 are "activity costs" and
not subject to the cap on "administrative costs." A Local government may share
any funds available for administrative costs with entities that are administering its
allocation.
C. Two or more local governments that receive PLHA allocations may expend those
moneys on an eligible jointly funded project as provided in Section 50470
(b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity
pursuant to Section 301(a) and be located within the boundaries of one of the
Local governments.
D. Entitlement Local governments may use the flow of PLHA funds to incentivize
private lender loans and to guarantee payments for some or all public agency
bond financings for activities consistent with the uses identified in Section 301
"Eligible Activities". This loan guarantee Activity must be identified and fully
explained in the Applicant's "Plan".
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 4 of 5
EXHIBIT A
5. Department Contract Coordinator
The Departments Contract Coordinator for this Agreement is the Division of Financial
Assistance, Grant Management Section PLHA Manager or their designee. Unless
otherwise informed, any notice, report, or other communication required by this
Agreement shall be mailed by first class to the Department Contract Coordinator at the
following address
California Department of Housing and Community Development
Attention. Permanent Local Housing Allocation (PLHA)
Grant Management Section, Suite 400
2020 West El Camino Avenue, CA 95833
P. O- Box 952050
Sacramento. CA 94252-2050
6. Contractor Contract Coordinator
The Contractor's contract coordinator for this Agreement is the Authorized
Representative listed below Unless otherwise informed. any notice, report. or other
communication required by this Agreement may be mailed by first class mail, or sent
through a commercial courier to the Authorized Representative at the following address.
Authorized Representative Name: Oliver Chi
Authorized Representative Title: City Manager
Agency Name: City of Huntin ton Beach
Address: 2000 Main Street
Huntington Beach, CA 92648
Phone No.: (714) 738-6837
Email Address oliver.chi(a�surfcity-hb org
7. Effective Date, Term of Agreement, and Deadlines
A This Agreement is effective upon approval by the Department, which is the date
executed by all parties (such date, the "Effective Date").
B This Agreement shall terminate on June 30, 2030
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date 02/26/2020
Approved Date 10/05/2020
Prep Date 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 5 of 5
EXHIBIT A
C. Except for predevelopment expenses for construction projects funded by PLHA
and costs to develop and prepare the Plan and the PLHA application, no costs
incurred more than one year prior to commitment by the Local government may
be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and
the PLHA application are subject to the cap on administrative fees.
D. Any Grant funds which have not been expended by the expenditure deadline
shall be disencumbered and revert to the Department. The expenditure deadline
is fifty-eight months from the date of the budget appropriation for each year of
funds included in this Agreement.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 1 of 3
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail
The budget detail is contained in Exhibit E in this Agreement.
Contractor will be responsible for maintaining oversight of grant amounts and
determining whether an amended PLHA Plan is required due to reallocation of more
than ten percent among Activities funded per Section 302(c)(5).
2. Conditions of Disbursement
Prior to receiving any Grant funds, the Contractor shall submit the following for the
Department's approval:
A. Government TIN Form, as applicable.
B. No Funding will be disbursed to Contractor unless Contractor and any delegating
Local government has an approved Housing Element and is in compliance with
the Housing Element Annual Progress Report requirements, pursuant to PLHA
Program Guidelines section 302(a) and (b).
C. Contractor shall not be eligible to receive a new allocation if the Contractor has
accrued an uncommitted amount of four times the pending allocation if the
pending allocation is $125,000 or less; or $500,000 if the pending allocation is
greater than $125,000 and less than $500,000, or the amount of the pending
allocation if the allocation is $500,000 or more.
3. Performance
A. All funds must be disbursed within fifty-eight months of the budget appropriation.
Funds that are not disbursed within fifty-eight months of the budget appropriation
will revert to the Housing Rehabilitation Loan Fund.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 2 of 3
EXHIBIT B
B. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the program, this Agreement shall be reduced proportionate to those
years already allocated, calculated at the time that the appropriation is reduced
or terminated and reduced accordingly. All subsequent years shall be terminated,
and the grant agreement shall be of no further force and effect, after amounts
due for the period upon the reduced appropriation or termination are returned by
the Contractor to the State. In this event, the State and Contractor shall be
relieved of any and all obligations under this Agreement. If funding for any fiscal
year is reduced or deleted by the Budget Act for purposes of this program, the
State shall have the sole discretion to cancel this Agreement without cause, no
liability occurring to the State, or amend the Agreement and amount allocated to
Contractor.
4. Fiscal Administration
A. The Contractor may request a disbursement of 100 percent of total awarded
Grant funds after executing the Standard Agreement. Administrative costs
related to the planning and execution of eligible activities shall not exceed
five percent of the Grant amount.
B. 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 insured by the federal or state government. All interest earned from the
deposit of Grant funds shall be used for eligible Program activities and accounted
for in Contractor's annual report.
C. The Contractor shall make a good faith effort to minimize the number of
disbursement requests by anticipating and requesting funds in advance.
D. The Contractor may request that Grant funds awarded for a certain eligible
activity be moved to another activity without an amendment to this Agreement.
This request must be made in writing to HCD if the change from one activity to
another exceeds ten percent of the grant amount and shall be effective only upon
written HCD approval. HCD's decision to approve or deny any such request shall
be final, absent fraud, mistake or arbitrariness per Section 302(c)(5).
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 3 of 3
EXHIBIT B
5. Budget Continnencv Clause
A. It is mutually agreed that if the Budget Act of the subsequent years covered
under this Agreement does not appropriate sufficient funds for the program this
Agreement shall remain in force and effect until the time of notice of reduced or
terminated appropriation, The Agreement shall be terminated by the State by
providing Contractor written notice of not less than thirty days prior to the
effective date of the termination. In the event of termination by the State due to
lack of Budget appropriation, the State and Contractor shall be relieved of any
and all obligations under this Grant Agreement on the effective date of
termination and the Contractor shall return the amount for subsequent year
allocations.
B. Subject to Section 5A. above, if funding for any fiscal year is reduced or deleted
by the Budget Act for purposes of this program, the State shall have the sole
discretion to cancel this Agreement without cause, no liability occurring to the
State, or amend the current Grant Agreement and amount allocated to
Contractor.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 1 of 9
EXHIBIT D
PLHA PROGRAM TERMS AND CONDITIONS
1. Effective Date, Commencement of Work
This Agreement is effective upon the date of the Department representative's signature
on page one of the fully executed Standard Agreement, STD 213. Contractor agrees
that work under this agreement shall not commence until execution of the STD 213, (the
"Effective Date").
2. Strict Compliance
Contractor will strictly comply with the terms, conditions and requirements of the
Permanent Local Housing Allocation (PLHA) Statutes, Guidelines, the Notice of Funding
Availability (NOFA), and this Agreement.
3. Contractor's Application for Funds
A. Contractor has submitted to the Department an Application for a Grant under the
Program. The Department is entering into this Agreement based on, and in
substantial reliance upon. Contractor's facts, information, assertions and
representations contained in that Application, and in 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. Contractor 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 Contractor'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 Grants or activities governed by this
Agreement, then the Department may declare a breach hereof and take such
action or pursue such remedies as are provided for breach hereof.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 2 of 9
EXHIBIT D
4. Eligible Activities
Grant funds awarded to the Contractor and expended by either the Contractor or any
entity to which Contractor awards funds shall be used for the eligible activities set forth
in Exhibit A as required by the PLHA Statutes. The following additional requirements
shall apply:
A. Each Contractor shall submit a Plan detailing:
1) The manner in which allocated funds will be used for eligible activities.
2) A description of the way the Local government will prioritize investments
that increase the supply of housing for households with incomes at or
below sixty percent of AMI. Programs targeted at households at or below
sixty percent of AMI will be deemed to meet this requirement.
3) A description of how the Plan is consistent with the programs set forth in
the Local government's Housing Element.
4) Evidence that the Plan was authorized and adopted by resolution by the
Local government and that the public had an adequate opportunity to
review and comment on its content.
5) The following for each proposed Activity:
a) A description of each proposed Activity, pursuant to Section 301 of
the Guidelines and the percentage of funding allocated to it. The
description shall specifically include the percentage of funds, if
any, directed to Affordable Owner-Occupied Workforce Housing
(AOWH).
b) The projected number of households to be served at each income
level and a comparison to the unmet share of the Regional
Housing Needs Allocation (RHNA) at each income level.
c) A description of major steps/actions and a proposed schedule
required for the implementation and completion of the Activity.
d) The period of affordability and level of affordability for each
Activity. Rental Projects are required to have affordability periods
of at least fifty-five years.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 3 of 9
EXHIBIT D
6) The Plan is required to be for a term of five years. Local governments
shall obtain approval of the Department for amendments made to the Plan
in each succeeding year of the term of the Plan. Reallocations of more
than ten percent of funds among Activities require amendment of the Plan,
with approval granted by the governing body at a publicly noticed public
meeting.
7) If funds are used for the acquisition, construction, or rehabilitation of for-
sale housing projects or units within for-sale housing projects, the grantee
shall record a deed restriction against the property that will ensure
compliance with one of the following requirements if the property is no
longer the primary residence of the homeowner due to sale, transfer or
lease, unless it is in conflict with the requirements of another public
funding source or law:
a) PLHA loan and any interest thereon shall be repaid to the Local
government's PLHA account. The Local government shall reuse the
repayments consistent with the Eligible Activities per Section 301 of
the Guidelines, or,
b) The initial owner and any subsequent owner shall sell the home at
an Affordable housing cost to a qualified Lower-Income or
Moderate-Income household; or,
c) The homeowner and the Local government shall share the equity in
the unit pursuant to an equity-sharing agreement. The grantee shall
reuse the proceeds of the equity-sharing agreement consistent with
the Eligible Activities per Section 301 of the Guidelines.
8) If funds are used for the development of an affordable rental housing
project, the Local government shall make the PLHA assistance in the form
of a loan to the Sponsor of the project. The loan shall be evidenced
through a Promissory Note secured by a Deed of Trust.
9) A program income reuse plan describing how repaid loans shall be reused
for eligible activities specified in Section 301 of the Guidelines.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 4 of 9
EXHIBIT D
5. Core Practices
A. A Contractor or Subrecipient must provide eligible activities in a manner
consistent with the housing first practices described in California Code of
Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient
allocated funds for eligible activities that provide permanent housing shall
incorporate the core components of Housing First as provided in Section 8255(b)
of the Welfare and Institutions Code.
6. Monitoring Grant Activities
A. Contractor shall monitor the activities selected and awarded by them to ensure
compliance with PLHA requirements. An onsite monitoring visit of Subrecipients
and any other service providers shall occur whenever determined necessary by
the Contractor, but at least once during the Grant period.
B. The Department will monitor the performance of the Contractor based on a risk
assessment and according to the terms of this Agreement. The Department may
also monitor any Subrecipients of the Contractor as the Department deems
appropriate based on a risk assessment.
C. As requested by the Department, the Contractor shall submit to the Department
all PLHA monitoring documentation necessary to ensure that Contractor and its
Subrecipients are in continued compliance with PLHA requirements. Such
documentation requirements and the submission deadline shall be provided by
the Department at the time such information is requested from the Contractor.
7. Reporting/Audits
A. Commencing with the Effective Date of this Agreement and continuing through
the Expiration Date, the Contractor shall submit an annual report to the
Department by July 31 of each year that reports all activities from the previous
fiscal year (7/1-6/30), on forms provided by the Department.
The first report will be due on July 31, 2021 and will report all activities from date
of initial fund disbursement through June 30, 2021.
B. The annual report shall contain a detailed report which must include, at a
minimum:
1) Identification of the Eligible Activities to which the Contractor committed
program funds, and the income levels of households assisted.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 5 of 9
EXHIBIT D
2) Amounts awarded to Subrecipients with the activity(ies) identified;
3) Identification of the Eligible Activities upon which the Contractor
expended program funds, and the income levels of households assisted
and the affordability level for any units assisted; and,
4) Close out report for contracts that were fully expended and in which all
activities funded were completed during the fiscal year.
C. The Department may request additional information as needed to meet other
applicable reporting or audit requirements.
D. The Contractor is responsible for the completion of audits and all costs of
preparing audits.
E. The Department reserves the right to perform or cause to be performed a
financial audit. At the Department's request, the Contractor shall provide, at its
own expense, a financial audit prepared by a certified public accountant.
F. If a financial audit is required by the Department, the audit shall be performed by
an independent certified public accountant. Selection of an independent audit
firm shall be consistent with procurement standards contained in 24 CFR 85.36.
1) The Contractor shall notify the Department of the auditor's name and
address immediately after the selection has been made. The contract for
the audit shall allow access by the Department to the independent
auditor's working papers.
2) The Contractor is responsible for the completion of audits and all costs of
preparing audits.
3) If there are audit findings, the Contractor must submit a detailed response
acceptable to the Department for each audit finding within ninety (90) days
from the date of the audit finding report.
8. Retention and Inspection of Records
A. 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.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 6 of 9
EXHIBIT D
B. The Contractor agrees that the Department or its designee shall have the right to
review, obtain, and copy all records and supporting documentation pertaining to
performance of this Agreement. The Contractor agrees to provide the
Department or its designee, with any relevant information requested. The
Contractor agrees to permit the Department or its designee access to its
premises, upon reasonable notice, during normal business hours for the purpose
of interviewing employees who might reasonably 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 investigation for the
purpose of determining compliance with the PLHA Statutes, the NOFA, and this
Agreement.
C. The Contractor further agrees to retain all records for a period of five years after
the end of the term of this Agreement:
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other
action has been started before the expiration of the required record
retention period, all records must be retained until completion of the action
and resolution of all issues, which arise from it.
2) The Contractor also agrees to include in any contract that it enters into in
an amount exceeding $10,000, the Department's right to audit the
contractor's records and interview their employees. The Contractor 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
Code Section 10115.10.
D. The determination by the Department of the eligibility of any expenditure shall be
final. If the eligibility of any expenditure cannot be determined because records
or documentation are inadequate, the expenditure may be disallowed, and HCD
shall determine the reimbursement method for the amount disallowed.
E. The Contractor shall retain all books and records relevant to this Agreement for a
minimum of five 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.
9. Breach and Remedies
A. The following shall each constitute a breach of this Agreement:
1) Contractor's failure to comply with the terms of this Agreement.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 7 of 9
EXHIBIT D
2) Use of, or permitting the use of, Grant funds provided under this
Agreement for any ineligible costs or for activities not approved under this
Agreement.
3) Any failure to comply with the deadlines set forth in this Agreement.
B. In addition to any other remedies that may be available to the Department in law
or equity for breach of this Agreement, the Department may:
1) Bar the Contractor from applying for future PLHA and other HCD funds;
2) Revoke any other existing PLHA award(s) to the Contractor;
3) Require the return of any unexpended PLHA funds disbursed under this
Agreement;
4) Require repayment of PLHA funds disbursed and expended under this
agreement;
5) Require the immediate return to the Department of all funds derived from
the use of PLHA funds including, but not limited to recaptured funds and
returned funds;
6) Seek, in a court of competent jurisdiction, an order for specific
performance of the defaulted obligation or the appointment of a receiver to
complete the technical assistance in accordance with the PLHA Program
requirements; and,
7) Seek such other remedies as may be available under the relevant
agreement or any law.
C. All remedies available to the Department are cumulative and not exclusive.
D. The Department may give written notice to the Contractor to cure the breach or
violation within a period of not less than fifteen days.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 8 of 9
EXHIBIT D
10. Termination
A. The Department may terminate this Agreement at any time for cause by giving a
minimum of thirty days' notice of termination, in writing, to the Contractor. Cause
shall consist of, violations of any terms and/or special conditions of this
Agreement, the PLHA Statutes, or the NOFA. Upon termination of this
Agreement, unless otherwise approved in writing by the Department, any
unexpended funds received by the Contractor shall be returned to the
Department within thirty days of the notice of termination.
B. This Agreement is subject to any additional restrictions, limitations or conditions,
or statute, regulations or any other laws, whether federal or those of the State of
California, or of any agency, department, or any political subdivision of the
federal or the State of California governments, which may affect the provisions,
terms or funding of this Agreement in any manner.
C. The Department has the option to terminate this Agreement under the thirty-day
cancellation clause or to amend this Agreement to reflect any reduction of funds.
11. 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, performance by the Contractor of these
provisions, shall in no way be 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.
12. Relocation
Contractor shall comply with all requirements of applicable California relocation law
(Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code
Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be
subject to the review and approval by the State.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
City of Huntington Beach
20-PLHA-15162
Page 9 of 9
EXHIBIT D
13. Special Conditions Contractors and Subrecipients
The Contractor agrees to comply with all conditions of this Agreement including the
Special Conditions set forth in Exhibit E. These conditions shall be met to the
satisfaction of the Department prior to disbursement of funds. The Contractor shall
ensure that all Subrecipients are made aware of and agree to comply with all conditions
of this Agreement and the applicable State requirements governing the use of Grant
funds. The Contractor shall ensure that all Subrecipients are qualified to do business
and in good standing with the California Secretary of State and the California Franchise
Tax Board. Failure to comply with these conditions may result in cancellation of this
Agreement.
14. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Contractor 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 Contractor, its
Subrecipients, and any other Grant activity.
15. 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 Contractor 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.
Permanent Local Housing Allocation (PLHA) Program — Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
Page 1 of 2
EXHIBIT E
PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS
1. Program-Specific Provisions
The following are project-specific terms and conditions (referred to as enumerated
provision(s) for ease of reference in prior exhibits) and shall inform the references made
to project-specific information not contained in those prior exhibits.
Budget Detail:
Contractor has been awarded the following grant activity amounts for 2019: $548,495
Estimated five year allocation may not exceed: $3,290,970
Payees:
A. The authorized Payee(s) is/are as specified below:
Name: City of Huntington Beach Amount: $548,495
Plan:
Provide a description of how allocated funds will be used for the proposed activity.
Section 301(a)(6) - 100% of the allocated funds will be used towards partially funding
the operations of a navigation center.
Funding Allocation Year 2019 2020 2021 2022 2023
Type of Activity Navigation Navigation Navigation Navigation Navigation
Centers Centers Centers Centers Centers
Percentage of Funds 100% 100% 100% 100% 100%
Allocated for each Activity
Area Median Income Level 30% 30% 30% 30% 30%
Served
Permanent Local Housing Allocation (PLHA) Program - Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
Page 2 of 2
EXHIBIT E
2. Special Terms and Conditions
The following Special Conditions are applicable to this Standard Agreement:
None.
Permanent Local Housing Allocation (PLHA) Program - Grant
NOFA Date: 02/26/2020
Approved Date: 10/05/2020
Prep. Date: 11/05/2020
Switzer, Donna
From: Jun, Catherine
Sent: Thursday, March 18, 2021 5:51 PM
To: Aube, Nicolle; Bulosan, Dahle; Rief, Sunny; Switzer, Donna; Chi, Oliver; Hopkins, Travis
Subject: FW: EXECUTED AGREEMENT NUMBER 20-PLHA-15162
Attachments: 20-PLHA-15162 Executed.pdf
All,
HCD has fully executed our PLHA grant, which will provide 5 years of funding to support homeless prevention services
(namely our Mercy House contract) The grant agreement is attached for your records Thank you'
Catherine
From: Singh, Kelvin@HCD<Kelvin.Singh@hcd.ca.gov>
Sent: Wednesday, March 17, 2021 3:57 PM
To: Jun, Catherine <catherine.jun@surfcity-hb.org>; Chi, Oliver<oliver.chi@surfcity-hb.org>
Cc: Truong, Douglas@HCD<Douglas.Truong@hcd.ca.gov>; Katayama,Veronika@HCD
<Veronika.Katayama@hcd.ca.gov>; HCD Contracts Office <HCD_Contracts_Office@hcd.ca.gov>
Subject: EXECUTED AGREEMENT NUMBER 20-PLHA-15162
EXECUTED AGREEMENT NUMBER 20-PLHA-15162
The contract between the Department of Housing and Community Development and your
Organization has been executed. Attached to this email is a scanned version of the signed fully
executed Std 213
The effective date of the contract is identified in the lower right hand corner of the Std. 213
underneath the "Contract Manager Date Signed" box
Thank you for contracting with HCD Should you have any questions, comments or concerns about
the contract process, please feel free to contact me via email or at the number below
SKelvin Singh I Contracts Analyst
Housing & Community Development
2020 W. EI Camino Avenue. Suite 130 1 Sacramento. CA 95833
kelvin.singh@hcd.ca.gov I V (916) 263-6446
000
HOUSING
IS KEY