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Home My WebLink AboutBoys and Girls Clubs of Huntington Valley - 1996-07-011:1lee Council/Agency Meeting Held: 7I r 9 6 Deferred/Continued to: U Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig tur � = E Council Meeting Date: July 1, 1996 Department ID Number: --%-43 CITY OF HUNTINGTON BEACH - - REQUEST FOR CITY COUNCIL ACTION -"-- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr PREPARED BY: DAVID C. BIGGS, Economic Development Director t�M� SUBJECT: Approval of Community Development Block Grant (CDBG) Subgrantee Agreements i Statement of Issue, Funding Source, Recommended Action, Afternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The approved Community Development Block Grant (CDBG) budget for the 1996/97 fiscal year allocates a total of $314,510 for 16 public service agencies, of which twelve need individual subgrantee agreements. Individual agreements between the City and each Subgrantee agency must be approved and executed by City Council before disbursement of CDBG funds. Fundin4 Source: Community Development Block Grant (CDBG) Funds (E-HQ-ED-865-4-08-00). Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute twelve individual subgrantee agreements based on the sample contract (as approved by the City Attorney) between the City and each public service agency (Attachment 1) 2. Waive the usual insurance requirements from the subgrantee contracts. (In previous years the prevailing insurance requirements have not applied to the Subgrantee agencies.) Alternative Action(s): Do not approve the Community Development Block Grant (CDBG) subgrantee agreements for the twely�bagsnc el�� S eLUg. C3 Y -r W Y.,9 C-,1�IIY? Ems' AD0R,,ffS5 0- "Are 8 91 91 71rolieeR, f fv nTr At G -/Z>V f j �f 1� Analysis: The Department of Housing and Urban Development (HUD) allows up to 15% of the total CDBG grant to be allocated for public services. On May 6, 1996, City Council selected and approved sixteen public service agencies totaling $314,510 for the 1996/97 Community Development Block Grant (CDBG) program. Twelve of the sixteen non-profit agencies require new individual subgrantee agreements. HUD regulation (24 CFR 570.503 (B) (1)) requires the City to have a written subgrantee agreement with non -profits who provide a public service for the City. Before disbursing funds, individual agreements between the City and each public service agency must be fully executed, allowing the city to disburse funds for services rendered. The twelve non-profit agencies approved by City Council that require subgrantee agreements are: Ecumenical Service Alliance(ESA) $ 24,000 Adult Day Services 10,000 Boys and Girls Clubs of Fountain Valley 25,000 Feedback Foundation 5,320 Interval House Crisis Shelter 25,000 Hotline of Southern California 5,000 Huntington Beach Youth Shelter (A Program Of Volunteers of America) 5,000 Huntington Beach Community Clinic 35,000 Orange County Council on Aging 5,000 Orange County Interfaith Shelter 5,000 Literacy Volunteers of America 5,000 Community Services Program (CSP) 26,400 $175,720 The agencies that do not require a subgrantee agreement are: Project Self -Sufficiency (includes Program Income) $ 62,500 Oakview Community Center 40,500 Seniors Outreach Center, (2) PT Case Workers 21,090 OCTA (Two year contract, expires 1997) 14,700 $315,400 The agreement designates the grant amount allocated each public service agency and specifies the nature and scope of the services to be provided to the City of Huntington Beach, and also requests the Insurance requirements be waived due to the hardship of the additional costs to the, non-profit. Subgrantees are required to submit quarterly report's detainingexpenses, progress towards goals and objectives, budget control and requests for payment. Each quarterly report is reviewed to satisfy. -the requirement of the agreement between the city and the subgrantee. If the -City is satisfied, funds requested by the subgrantee will be disbursed. f REQUEST FOR CITY COUNCIL ACTION MEETING DATE: July 1, 1996 DEPARTMENT ID NUMBER: 96-43 The Department of Housing and Urban Development (HUD) requires the City to monitor each subgrantee in the year it is funded. Monitoring insures that the subgrantee complies with the agreement with the City, Federal requirements and regulations, ensures the eligibility and performance of each program and agency. Financial monitoring includes; program performance, program compliance, general management practices, Financial management, record keeping, and specific activity, services. An exit conference concludes each monitoring and invites questions or comments the agency may have concerning the monitoring. Environmental Status: Exempt Attachment(s): 1. Community Development Block Grant (CDBG) Sample Subgrantee Agreement. 96SBGRNT.DOC -3- 06/19/96 4:27 PM • • SUBGRANTEE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BOYS & GIRLS CLUBS OF HUNTINGTON VALLEY FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into this Is t day of J u 1 y , 1996, between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," as an entitlement recipient in the U. S. Department of Housing and Urban Development's Housing and Community Block Grant Program, and the Boys & Girls Clubs of Huntington Valley, a nonprofit California corporation, hereinafter referred to as "SUBGRANTEE," for the expenditure of Block Grant funds; The Housing and Community Development Block Grant Program, hereinafter referred to as "CDBG," mandates that a Subgrantee Agreement be executed in order that such funds be utilized by the parties hereto. IT IS HEREBY AGREED that the following provisions are approved and shall constitute the entire agreement between the CITY and SUBGRANTEE: 1. The purpose of the subgranting of CDBG funds to SUBGRANTEE shall be solely for salaries and benefits for a Teen Coordinator in the operation of SUBGRANTEE'S facility located at 2309 Delaware, Huntington Beach, CA 92648 and to supplement day care fees for low-income Huntington Beach families in the operation of SUBGRANTEE'S facility located at 9191 Pioneer Drive, Huntington Beach, CA in accordance with the Budget and Statement of Intended Beneficiaries, Attachment 1 and Scope of Work, Attachment 2, which are hereby incorporated by this reference. 1 s: GA-Agree:Suhg rant:B&GCluhs RLS 96-497 7130196 2. The SUBGRANTEE is a nonprofit California corporation duly organized under the laws of the State of California, whose officers are: President, Dave Barr and Secretary, Lynn Bumatay. 3. The total amount granted to SUBGRANTEE is 525,000 (510,000 for the Teen Coordinator and $15,000 for day care fees), and such funds shall be expended within a time period not exceeding twelve (12) consecutive months, July 1, 1996, through June 30, 1997, following the date of execution of this agreement, in installments determined by CITY. Payment shall be made to SUBGRANTEE following the submission of quarterly invoices in a form prescribed by CITY, detailing such expenses. SUBGRANTEE agrees to submit requests for reimbursement fifteen (15) days after the end of each quarter which are: 1. July through September, 2. October through December, 3. January through March, and 4. April through June. CITY shall pay such invoices within thirty (30) days after receipt thereof, provided CITY is satisfied that such expenses have been incurred within the scope of this Agreement and that SUBGRANTEE is in compliance with the terms an conditions of this Agreement. City has the right to recapture all or a portion of Block Grant Funds not requested for reimbursement 30 days after the end of the fiscal year, June 30, 1997. 4. SUBGRANTEE agrees to conduct all activities of the organization, whether funded in whole or in part by CDBG funds from CITY, in accordance with the provisions contained in the Federal Office of Management and Budget ("OMB ") Circular A-87 and its attachments, including those for contracts in excess of Ten Thousand Dollars ($10,000.00) and including the provisions relating to audit 2 s:G:4-Agree:Suhgrant: B&GCluhs KLS 96-497 7:30 96 s requirements and resolution of audit findings as provided in Circular A-128. SUBGRANTEES who have received $25,000 or more in grant funds are required to submit an annual report including either a single audit or program audit reports, which evidence an audit was completed in accordance with specific program requirements of the OMB Circular (i.e., A-128 or A-133). 5. The CITY shall have the right to recapture all or a portion of Block Grant funds disbursed to SUBGRANTEE should the SUBGRANTEE fail to comply with all of the terms and conditions of this agreement or refuse to accept any conditions which may subsequently be imposed by the U. S. Department of Housing and Urban Development for the operation of the Community Development Block Grant Program. 6. SUBGRANTEE shall not dispose of any real or personal property acquired in full or in part with CDBG funds through sale, use, or relocation without the express and prior written permission of the City, and SUBGRANTEE agrees to maintain program records for a minimum of three years after the close-out of the subgrant and to make such records available for onsite monitoring by CITY not less than annually and to periodic inspections by HUD officials during this three-year period. 7. SUBGRANTEE agrees that no officer, employee, agent, or assignee of CITY having direct or indirect control of CDBG funds granted to the CITY shall serve as an officer of SUBGRANTEE. Further, any conflict or potential conflict of interest of any officer of SUBGRANTEE shall be fully disclosed to the City prior to the execution of this agreement and shall be attached to and become a part hereof. s:G:4-Agree:Subgrant: B&GClubs RLS 96-497 7?30!96 3 8. SUBGRANTEE agrees that any earned interest income on funds generated through the use or investment of funds received from CITY shall be used in conformance with program income requirements set forth in Code of Federal Regulations 570.504. The SUBGRANTEE shall disclose to the CITY all program income received utilizing CDBG funds administered under this Agreement. 9. SUBGRANTEE agrees that in the event it is unable to perform or defaults upon any provision contained herein, the CITY shall have the right to recapture the full amount of funds granted to SUBGRANTEE. 10. SUBGRANTEE acknowledges that the CITY shall disburse funds to SUBGRANTEE only upon execution of this agreement, and CITY is empowered only to provide funds to SUBGRANTEE pursuant to the provisions of this agreement. 11. SUBGRANTEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBGRANTEE' S employees and damage to SUBGRANTEE' S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBGRANTEE, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBGRANTEE will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBGRANTEE for all costs or attorney's fees incurred by CITY in enforcing this obligation. 4 s:G:4-Agree:Subgrant-.B&GClubs RLS 96-4R7 W30:'96 12. Pursuant to City Council Resolution 6277, on July 1, 1996 the City Council by its action waived its requirement that the SUBGRANTEE provide proof of Worker's Compensation and General Liability insurance, for the period between July 1, 1996 to June 30, 1997. 13. Pursuant to California Labor Code Section 1861, SUBGRANTEE acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBGRANTEE convenants that it will comply with such provisions prior to commencing performance of the work hereunder. REST OF PAGE NOT USED 5 s. G :4-Agree:5uthgrattt-.B&GCtuhs RLS 96-487 7 3Ui96 14. SIGNATURESITIME OF EXECUTION This agreement shall be void and its terms shall have no force or effect whatsoever if not signed by authorized agents or officers of SUBGRANTEE within thirty (30) days of receipt of this document. It shall be the responsibility of the City to transmit this agreement and any other necessary documentation to SUBGRANTEE and to record the date of receipt thereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. SUBGRANTEE Boys and Girls Clubs of Huntington Valley a nonprofit California corporation By: , '� - 3 Dave 13arr, President By: i LYA Bumatay, Secretary ATTEST: 401;1 City Clerk CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney 7 -70 96 9- oe-yb REVIEWED AND APPROVED: INITIATED AND APPROVED: z& r- - k/"V) ity Administrator erector of Econ mic Development 6 s:GA-Agree: Subgrant:B&GClubs KLS 96-497 7'30r96 The tv fv�non-profit agencies approved aare ments are: Ecumenical Service Alliance(ESA) Adult Day Services Boys and Girls Clubs of Fountain Valley Feedback Foundation Interval House Crisis Shelter Hotline of Southern California Huntington Beach Youth Shelter by City Counc' at require subgrantee S 24,000��- 10,000� ° 25 000� � 5, 320�.{z-t"'k ✓5, 000 (A Program Of Volunteers of America) 5,000 Ili Huntington Beach Community Clinic 35,000 / �� Orange County Council on Aging Interfaith Shelter 5,0D0-`ice-� 5,000--`2� Orange County Literacy Volunteers of America 5,000 Community Services Program (CSP) 26A00 iv y $175,720 The agencies that do not require a subgrantee agreement are: Project Self -Sufficiency (includes Program Income) $ 62,500 Oakview Community Center 40,500 Seniors Outreach Center, (2) PT Case Workers 21,090 OCTA (Two year contract, expires 1997) 14,700 $315,400 9V? CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Nove,ber 15, 1996 Dave Barr, President Boys And Girls CIubs of Huntington Valley 9191 Pioneer Drive Huntington Beach, California 92646 Dear Mr. Barr: CALIFORNIA 92648 The City Council of the City of Huntington Beach at the regular meeting held July 1, 1996, approved execution of the enclosed subgrantee agreement between the city and the Boys and Girls Clubs of Huntington Valley for Housing And Community Development Block Grant funds. Enclosed is a duly executed copy of the agreement for your records. Sincerely, 6_2t��&47 Connie Brockway City Clerk CB:jc Enclosure: Agreement G:followup-agrmthr/Sierra: jc 1 Telephone : 714-536.52271 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CITY HISTORIAN Alicia M. Wentworth Retired City Clerk October 11, 1996 CALIFORNIA 92648 Dave Barr, President �A4Lr Boys And Girls Clubs of Huntington Valley - !� .-f .23�-B 4ware-&Ret 9/ '? / Huntington Beach, California 92648 Dear Mr. Barr: The City Council of the City of Huntington Beach at the regular meeting held July 1, 1996, approved execution of the enclosed subgrantee agreement between the city and the Boys and Girls Clubs of Huntington VaIIey for Housing And Community Development Block Grant funds. Enclosed is a duly executed copy of the agreement for your records. Sincerely, CCU JC_!� Connie Brockway City Clerk CBj,c Enclosure: Agreement G: fol loxi-up:agrmtitr/B&GClubs: jc Telephone: 714-536-5404 714-842-9825 Of lice of the City Clerk City of Huntington Beach P.O. BOX 190 CALIFORNIA92648 -4. W, ST David Barr, President Boys -C;Tr-4 Clubs of Huntington Valley 2309 Hunting e d'd-,4 alifornia 92648 4p /xo 90STU E r� CITY OF HUNTINGTGN BEACH "- 2000 MAIN STREET CALIFORNIA 92648 HUNTINGTON BEACH CITY HISTORIAN Alicia M. Wentworth Retired City Clerk October 11, 1996 Dave Barr, President Boys And Girls Clubs of Huntington Valley 2309 Delaware Street Huntington Beach, California 92648 Dear Mr. Barr: The City Council of the City of Huntington Beach at the regular meeting held July 1, 1996, approved execution of the enclosed subgrantee agreement between the city and the Boys and Girls Clubs of Huntington Valley for Housing And Community Development Block Grant funds. Enclosed is a duly executed copy of the agreement for your records. Sincerely, &,�'6,4vat Connie Brockway City Clerk CB:jc Enclosure: Agreement G:folloxt,up:agrmtltrB&GClubs.jc Telephone: 714-536-5404 714-842-9825