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HomeMy WebLinkAboutCOMMUNITY SERVICE PROGRAMS, CSP - 1997-07-21(11) 0 07/21/97 - CouncilTAgency Agenda - Page 11 E-13. (City Council) Approval Of Twelve ITenl Communitv Developement Block Grant CDBG Subgrantee Agreements & Waiver Of Insurance Re uirements (600.10) - 1. Approve and authorize the Mayor and City Clerk to execute twelve [Ten] individual subgrantee agreements based on the sample contract (as approved by the City Attorney) between the city and each public service agency, includes separate OCTA subgrantee agreement. The agreements are as follows: Adult Day Services - $10,000, Poys and Girls Clubs of Fountain Valley - $23,000, Community Services Program LCSPI - $23,000, Episcopal Service Alliance - $12,000, Feedback Foundation - $5,000, interval House Crisis Shelter - $18,100, Huntington Beach Community Clinic - $25,000, Orange County. Council On Aging - S5,000, Orange County Transportation Authority - $11,000, Fair Housing Of Orange County - $35,636; and waive the usual insurance requirements from the subgrantee contracts. (In previous years, the prevailing insurance requirements have not applied to the Subgrantee agencies.) Submitted by .he Economic Development Director [Approved 7-0] E-14. (City Council) Beach Boulevard Commercial Corridor Auto Dealer Survev Dated June 2. 1997 & Recommendations „For Action (460.30) - Receive and file the Beach Boulevard Commercial Corridor Auto Dealer Survey and Recommendations for Action, dated June 2, 1997, and direct staff to pursue implementation of the Recommendations for Action as set forth on Page Nos. 10 and 11 of said survey. Submitted by the Economic Development Director [Approved 7-0] E-15. (City Council) Metro Cities Fire Authoritv First Amended Joint Powers Agreement - Cities Of Anaheim, Fountain Valley, Fullerton, Garden Grove, Newport Beach, And Orange - Reappointment Of City Administrator As Board Member And Fire Chief As Alternate Board Member (600,40) - 1. Approve and authorize the Mayor and City Clerk to execute the Metro Cities Fire Authority First Amended Joint Powers Agreement 0etween the City and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Newport Beach and Orange and 2. motion to re -appoint City Administrator Michael Uberuaga as Huntington Beach's Metro Cities Fire Authority Board Member and Fire Chief Michael Dolder as the city's alternate Board Member. Submitted by the Fire Chief [Approved 7-01 4i D Council/Agency Meeting Field: 7 Deferred/Continued to: ®'Approved ❑ Conditionally Approved ❑ Denied City ClerlFs Signature Council Meeting Date: ,July 21, 1997 Department ID Number., ED 97-32 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ PREPARED BY: DAVID C. BIGGS, Director of Economic Development Department 1W SUBJECT: Approval of Community Development Block Grant (CDBG) Subgrantee Agreements Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The approved Community Development Block Grant (CDBG) budget for the 1997/98 fiscal year allocates a total of $292,950 for 15 public service agencies, of which ten 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. Funding Source: Community Development Block Grant (CDBG) Funds (E-HR-ED-865-4- 08-00). Recommended Action: Motion to (10) 1. Approve and authorize the Mayor and City Clerk to execute tWelv�Q individual subgrantee agreements based on the sample contract (as approved by the City Attorney) between the City and each public service agency, includes separate OCTA subgrantee agreement. 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 Actions : Do not approve the Community Development Block Grant (CDBG) subgrantee agreements for the ten agencies. J REQUEST FOR COUNCIL ACTIO41 MEETING DATE: July 21, 1997 DEPARTMENT ID NUMBER: ED 97-32 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 April 21, 1997, City Council selected and approved fifteen public service agencies totaling $329,586 for the 1997/98 Community Development Block Grant (CDBG) program. Ten of the fifteen 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 ten non-profit agencies approved by City Council that require subgrantee agreements are: Adult Day Services $ 10,000 Boys and Girls Clubs of Fountain Valley 23,000 Community Services Program (CSP) 23,000 Episcopal Service Alliance 12,000 Feedback Foundation 5,000 Interval House Crisis Shelter 18,100 Huntington Beach Community Clinic 25,000 Orange County Council on Aging 5,000 Orange County Transportation Authority 11,000 Fair Housing of Orange County 36,636 $168,736 The agencies that do not require a subgrantee agreement are: Project Self -Sufficiency (includes Program Income) $ 62,833 Oakview Community Center 60,677 Seniors Outreach Center, (2) PT Case Workers 22,340 Police .lob Center 10,000 Literacy Volunteers of America 5,000 $160,850 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 reports detaining expenses, progress towards goals and objectives, budget control and requests for payment. Each quarterly report is 97SUBRCA.DOC -2- 07/09/97 3:55 PM � w REQUEST FOR COUNCIL ACTIA MEETING DATE: July 21, 1997 DEPARTMENT ID NUMBER: ED 97-32 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. 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 St:atua: Exempt 1. Community Development Block Grant (CDBG) Sample Subgrantee Agreement. 2 Orange County Transportation Authority . Sample Subgrantee Agreement (per Agency's requirements). RCA Author: Moreno; ext. 5583 97SUBRCA.DOC -3- 07/10/97 3:07 PM • 0 SUBGRANTEE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMMUNITY SERVICE PROGRAMS, INC. (CSP) FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into this /&e day of , 1997, 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 DeveIopment's Housing and Community Block Grant Program, and the Community Service Programs, 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 salaries and benefits for one Gang Counselor in the operation of SUBGRANTEE'S facility located at 17241 Oak Lane, Huntington Beach, CA 92647 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. l • 2. The SUBGRANTEE is a nonprofit California corporation duly organized under the laws of the State of California, whose officers are: President, Herb Reynolds and Secretary Sinclair Hugh. 3. The total amount granted to SUBGRANTEE is $23,000 and such funds shall be expended within a time period not exceeding twelve (12) consecutive months, July 1, 1997, through June 30, 1998, 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, 1998. 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 requirements and resolution of audit findings as provided in Circular A-128. 0 C� 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 four 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. W 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 §24 C.F.R. 570 (Code of Federal Regulations). 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 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, 1997 to June 30, 1998. 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 W, 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. a nonp `it Calftnia corporation I0 ItS� Herb Reynolds _ PrzcXO�v' By:r — Sinclair Hugh Its: Sinclair Hugh Secretary ATTES City Clerk 11 4 `17 AND APPROVED CITY OF HUNTINGTON BEACH ? -nunicipal corporation of the State of California A 01 o4xv!-'t� - Mayor APPROVED AS TO FORM: City Attorney q� � INITIATED AND APPROVED: Administrat6i" Ir , Director of Economic Development G1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOPINIENT AGENCY APPROVED_ITEM I � r City, State, zip ATTENTION: AfX'd &,e1,VO4-&S DEPARTMENT: ? C;� eA1 REGARDING: C.A66 16/0 alr AXDG R49 L See Attached Action Agenda Item Date of Approval 7 a Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page —/— Agreement —Z Bonds Insurance RCA Deed Other Remarks: CC: / UA/zeL_ _ _ EC• &TV. Name Department RCA Name Department RCA Name Department RCA Risk Management Department Insurance Copy 216 Agreement Insurance Other Agreement Insurance Mer Agreement Insurance Outer / DA/ G: Foil owup'agmts%ransltr {Telephone: 714.536.5227)