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HomeMy WebLinkAboutFAIR HOUSING COUNCIL OF ORANGE COUNTY - Subgrantee Agreement - CDBG 7/15/96 - 1996-07-15CITY OF F- UNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 5, 1996 Fair Housing Council of Orange County 1666 N. Main Street, Suite 500 Santa Ana, California 92701 Dear Sir; CALIFORNIA 92648 The City Council of the City of Huntington Beach at the regular meeting held on July 15, 1996, approved execution of the Subgrantee Agreement between the City of Huntington Beach and the Fair Housing Council of Orange County for fair housing services under the Community Development Block Grant Program. Enclosed is a duly executed copy of the agreement for your records. Sincerely, Connie Brockway City Clerk Enclosure: Agreement CC: agrltr/jc (Telephone: 714-536-5227 ) J Council/Agency Meeting Held: De=ppDRved d/Continued to: ❑ Conditionally Approved ❑ Denied City Clerk's Sig ture Council Meeting Date: July 15, 1996 Department ID Number: ED 96-44 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: DAVID C. BIGGS, Director of Economic Development SUBJECT: Subgrantee Agreement between the City of Huntington Beach and the Fair Housing Council of Orange County QA Statement of Issue, Funding Source, Recommended Action, Alternative Action(s)., # a!ysis, Environmental Status, Attachment Statement of Issue: The subgrantee agreement with the Fair Housing Council of Orange County for $35,000 needs Council approval. Funding Source: Community Development Block Grant, E-HQ-ED-894-3-90-00 Recommended Action: Move to approve and authorize the Mayor and City Clerk to execute the agreement between the City of Huntington Beach and the Fair Housing Council of Orange County for $35,000 in Community Development Block Grant funds. Alternative Action(s): Do not approve the agreement. Analysis: The Department of Housing and Urban Development (HUD) requires jurisdictions to provide fair housing services, and the City has certified in its application for CDBG and HOME funds that it will affirmatively further fair housing choice. The Fair Housing Council of Orange County (FHCOC) provides fair housing services throughout Orange County through tenant/landlord counseling, dispute resolution, and handles discrimination complaints in housing related matters. Fair housing services are an allowable expense in the administration of the CDBG program. On June 6, 1996, the Citizens Advisory Board approved the recommendation to fund FHCOC for $35,000. Staff recommends that Council approves the agreement be4ween the City and FHCOC. _ C-M _i z. 'T C"� • REQUESTFOR COUNCIL ACTION MEETING DATE: July 1, 1996 Environmental Status: Exempt Attachment(s)• DEPARTMENT ID NUMBER: ED 96-44 Subgrantee Agreement between the City of Huntington Beach and the Fair Housing Council of Orange County ED9644.DOC -2- 07/02/96 1:38 PM SUBGRANTEE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FAIR HOUSING COUNCIL OF ORANGE COUNTY FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into this 1,5tA day of , 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 FAIR HOUSING COUNCIL OF ORANGE COUNTY, 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, NOW, THEREFORE, IT IS HEREBY AGREED that the following provisions are approved, and shall constitute the entire agreement between the CITY and SUBGRANTEE: The purpose of the subgranting of CDBG funds to SUBGRANTEE shall be solely for Fair Housing Services in accordance with the Scope of Work, Attachment 1, which is.hereby incorporated by this reference. 1 The SUBGRANTEE is a nonprofit California corporation duly organized under the laws of the State of California, whose officers are: Chris Brown, Chair; Earl D. Dearing, Treasurer, David D. Quezada, Executive Director. The total amount granted to SUBGRANTEE is Thirty-five Thousand and no/100 Dollars ($35,000.00) and such funds shall be expended within a time period not exceeding twelve 4\s:PCD: Agree:CDBG-FHC RLS 96-396 0 rj (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: A. July through September, B. October through December, C. January through March, and D. 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 and conditions of this Agreement. CITY has the right to recapture all or a portion of Block Grant Funds not requested for reimbursement thirty (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 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 2 4\s: PCD: Agrce:CDBG-FHC RLS 96-396 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 on -site 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. 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. 41s: PCD:Agree:CDBG-FHC RLS 96-396 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. 12. Pursuant to City Council Resolution No. 6277, on July 1, 1996, the City Council by its action waived its requirements that the SUBGRANTEE provide proof of Workers' 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 4 4\s: PCD:Agee:CDBG-FHC RLS 96-396 against liability for workers' compensation, SUBGRANTEE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 14. SIGNATURES/TIME 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: FAIR HOUSING COUNCIL OF ORANGE COUNTY a nonprofit California corporation :r • Brown Its: Chairperso \ B . Y Earl D. Dearing Its: Treasurer AND APPROVED: ity Administrator , 4\s:PCD: Agree:CDBG-FHC RLS 96-396 CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor ATTEST: 4�� City Clerk APPROVED AS,TOTOPU& City ttorn d5aN, INI ATED /A'ND APPROVED. - Director of Economic Development 0 1 Attachment 1 FAIR HOUSING COUNCIL OF ORANGE COUNTY SCOPE OF SERVICES JULY 1, 1996 - JUNE 30, 1997 A. Provide a process for equitable resolution of discrimination complaints; B. Provide Landlord/Tenant Dispute Resolution services; C. Provide Quarterly Activity Reports on Fair Housing Compliance and Tenant/Landlord Disputes including: 1. the number of unduplicated households between both categories; 2. the number of unduplicated households finding complete resolution to their concerns/issues; 3. the comparative statistics for the County of Orange, and relative percentage of service for Huntington Beach; 4. the gender, racial, marital status, household size and age of complainants; 5. in cases of substandard housing concerns, immediately report the housing condition of the identified address to the Code Enforcement Office of the City of Huntington Beach (copy the Department of Economic Development in such written report in the quarterly report); 6. in cases of discrimination referred to Housing and Urban Development for prosecution, report the prosecutorial action regarding identified addresses to the Department of Economic Development in the quarterly report; and 7. the amount(s), if any, of any court awards won on behalf of a Huntington Beach resident(s). 8. the event, locale, and nature of outreach effort in Huntington Beach in relation to all Orange County Outreach efforts. Only report outreach where FHCOC was the presenter, not just an attendee. The Quarterly Reports should not include any news clippings other than Huntington Beach related articles. Do not include thank you notes, copies of correspondence, and invitations. D. Provide for a minimum of four (4) educational outreach programs in the City of Huntington Beach at such times requested by the Department of Economic Development for specific community events. Notify the Department of Economic Development of any additional outreach efforts in advance of such events so that the department can assist in.publicizing the activity (including coloring contests, etc.). E. The purpose of the agreement is to reimburse FHCOC solely for the salaries and benefits of staff in the•operation of 1666 North Main Street, Ste. 500, Santa Ana, CA 92701 in accordance with the Budget and Statement of Intended Beneficiaries. 06-17-1996 02:32PM FROM Comprehensive Ins Srvs TO _ _ 3755087 P.02 ` V O/ DATB IMMIDDIm TM qq�SEI.4�<wllilil06/17/1996 r�arN.Ma ..9. (714) 544=8111 FAX (714) 544-5448 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH13 CERTIFICATE DOES NOT AMEND, EXTEND OR COMPREHENSIVE INSURANCE SERVICES ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 777 COMPANIES AFFORDING COVERAGE TUSTIN, CA 92781-0777 COMPANY NONPROFITS INSURANCE ALLIANCE km: Ext: A ............ .... ...... ._ .. ...... . �...... ............. .... . .. .... ............ .............. .. _... /�C_ I/ 9� COMPANY '/I-II.L.O &;LC B �00./a .... ........ __ _. ._ ._ __ ......_. ..CIO FAIR HOUSING COUNCIL OF ORANGE COUNTY COMPANY 1666 N. MAIN STREET, SUITE S00 ........... __...... .. ............ _....... _ .. .......... _....... .................... SANTA ANA, CA 92701 COMPANY "'•x ee��w gl�1J.$„. bnx i�: yu- k. �`a»,elE,�`v- p''�#^'�..,x.�.�.�W �4x �;'w'%krf�ll � '# 2t �2 .. +'�`^n,. w...,.,....' iofwx)- THIS IS TO CERTIFY THAT THE POLICIES OF 1N�URANCE 115TEb BELOHAVE BEEN ISSUED THE INSURED NAMED 10 PERIOD INDICATED, NOTMTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTIMITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...... ............. _......... . _ .......... ._....... ... ... __...... ................... _.. ............... .. _. _....... .._..... ......... _. CO TYPE INRANCE POLICY NUMBER :POLICY EFFECTIVE POLICY EXPIRATION! LIMITS L E OFSV DATE (YM/DO/YY) DATE (MMIOMM GENERAL LIABILITY = ! GENERAL AGGREGATE S , 000 , 000 .............................. ........ . ..2 X - COMMERCIAL GENERAL LIABaRY : PRODUCTS - COMPIOP AGG ; S 2 , 00O , OQ0 ;...._.. ......._ __ ....... __....... ... _ PERSONAL & ADV INJURY i .......1 O00 A CLANS MADE .X. OCCUR N96-6984 07/01/1996 07/01/1997 ...................... 000 OWNEcrs 8 CONTRACTORS PROT EACH OCCURRENCE S 1.000 , 000 _ ... ........... ....._ . FIRE DAMAGE (My one Me) '. S 501000 QOQ ............ ..... ....................... ............ :.......................................... ............... ., ...... MED EXP (Any mm person) i $s OOO AUT0111105" LIABILITY .. COMBINED WAGLE LIMB S ANY AUTO INCLUDED ....... ...... ... ... ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Pr Perron) A :.....: N96-6984 07/01/1996 : 07/01/1997 _ _ ..___................... ... __....... ._ ._...... ..._...... :. X ; HIREOAUTOS BODILY INJURY i X .: NOW"ED AUTOS (per q) _... .... ......._.................................... PROPERTY DAMAGE iS GARAGE L"UTY AUTO ONLY - EA ACCIDENT ` S .................. ....................... aR ANY AUTO OTHER THAN AUTO ONLY: R x¢ F .:n . EACH ACCIDENT; S .. :................................................: .................... .................... ... AGGREGATE; S EXCESSLJMLITY EACH OCCURRENCE : S .......................................... ............................... ..,�.S UMBRELLA FORM ANiGREGATE OTHER THAN UMBRELLA FORM ' S WORI(ERSCOMPEN6AMMAM APPROVED ASI TO FORM :I ._.__.`tORYlIM1TS ER%���& .x.« xn<%`. EMPLOYERS' LIABILITY El. j, EL EACH ACCIDENT : S :......................................................................... G. h11J Nu _ TC'i,, City Attorney .-- THE PROPRIETORfINCL _ P D e = EL DISEASE - POLICY LIMIT ; S PARTNERSIEXECUTM ___ p y% puty Cifly Attorney _...__ .__.;_.. . .......... _. OFFICERS ARE : EXCL a a DISEASE - EA EMPLOYEE S OTHER W,5CRIPT?0N OF CERTIFICATE HOLDERS ARE NAMED AS ADDITIONAL INSUREDS PER ATTACHED ENDT. CC2026 *10 DAY NOTICE SHOULD POLICY CANCEL FOR NON -PAY x-,. �'$@;:q'a5:�w'f;'ir�u "J�.�.+7�,h.i�+tPR'hR'k+f. +Rr»�.. ,i..'$'6 '"�5:�:4 L� �?'t'S'?'.^.'k�rv� �9`�� �F.. �w. tP. .:1F� ...... ..., ,.,:.w'•�t:. ":7SR.v:.. ...:`8.. ..�h�iJR&^�^. SHOULD ANY OF THE ABOVE DOC 9M POLWAW K CANCELLED WORE THE EXP"I10R DATE THEREOF, THE ISSUING COMPANY WILL 1809MM MAIL CITY OF HUNTINGTON BEACH, ITS AGENTS, * TD DATE WRITTEN NOTICE To THE CERT(FTCATNE HOLDER NAMED TO THE LFFr. OFFICERS & EMPLOYEES 2000 RAIN STREET AUTOO TA - HUNTINGTON BEACH, CA 92648 Pichard L. Eynon «� 06-17-1996 02:34PM FROM Comprehensive Ins Srvs TO 3755087 P.03 '44) 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS & EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED iSection 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. APPROVED AS TO FO d:i CAIL HUTTON,, City Attorney By: Deputy City Attorney 6/I7/96cm CG 2026 f17)95) TOTAL P.e3