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HomeMy WebLinkAboutOC TRANSPORTATION AUTHORITY - 1997-07-21(11) 0 07/21/97 - CounciR>eCgency Agenda - Page 11 E-13. (City Council) Approval Of Twelve (T@C1I Community Development Block Grant (CDBG) Subarantee Agreements & Waiver Of Insurance Requirements (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, Boys and Girls Clubs of Fountain Valley - $23,000, Community Services Program LCSP} - $23,000, _Episcopal Service Alliance - $12,000, Feedback Foundation - $5,000" Interval House Crisis Shelter- $18,100, Huntington Beach Community Clinic - $25,000, Orange Countv Council On Agina - $5,000, Orange County Transportation Authorit - $11,000, Fair Housing Of Orange County - $36,636; and waive the usual insurance requirements from the subgrantee contracts. (In previous years, the prevailing insurance requirements have not applied to the Subarantee agencies.) Submitted by the EconomicDevelopment 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 Aareement - 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 between 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 7-0] 0 1) Council/Agency Meeting Held: 7 Deferred/Continued to: ®'Approved ❑ Conditionally Approved ❑ Denied City Clerk's 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 o �ZA.' PREPARED BY: DAVID C. BIGGS, Director of Economic Development Department fW 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 1. Approve and authorize the Mayor and City Clerk to execute fwelu@ 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 Action(s): Do not approve the Community Development Block Grant (CDBG) subgrantee agreements for the ten agencies. 1W 10 • • REQUEST FOR COUNCIL ACTION 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 36,6M $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 Job Center 10,000 Literacy Volunteers of America 5,00Q $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 975UBRCA.DOC -2- 07/09/97 3:55 PM REQUEST FOR COUNCIL ACTId1 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 Statul: Exempt RCA Author: Moreno; ext. 5583 97SUBRCA.DOC -3. 07/10197 3:07 PM AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY TRANSPORTATION AUTHORITY FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into this o± day of �U , 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 Development's Housing and Community Block Grant Program, and the ORANGE COUNTY TRANSPORTATION AUTHORITY a public corporation of the State of California, hereinafter referred to as AUTHORITY, that is also I known as a Subgrantee for the expenditure of Block Grant funds; and The Housing and Community Development Block Grant Program, hereinafter referred to as "CDBG," mandates that an Agreement be executed between the CITY and AUTHORITY in order that such funds be utilized by the parties hereto; and AUTHORITY is experienced in the transportation of seniors, and persons with disabilities; and AUTHORITY is a provider of mass transportation services to meet the special needs of I persons with disabilities; and AUTHORITY shall enter into an Agreement with a third party contractor ("CONTRACTOR") to provide transportation services for the elderly pursuant to the Older Americans Act of 1965, as amended; and AUTHORITY reimburses CONTRACTOR with funds pursuant to Article 4.5 of the Transportation Development Act of 1972 among other funds to support transportation services in the county; and CITY is desirous of purchasing "Social Services" transportation service from AUTHORITY. jmplkloctaconl9116197 1 • NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: 1. AUTHORITY, through its Agreement with CONTRACTOR, assumes all responsibility for the operation, scheduling and maintenance of any vehicles which are to be operated in the performance of this Agreement and cost thereof except to the extent this Agreement provides otherwise. 2. AUTHORITY and/or CONTRACTOR, shall obtain and maintain all licenses, registrations and accredi:ations from agencies governing its operation, which are necessary for AUTHORITY to perform its obligations under this Agreement. 3. AUTHORITY shall ensure that CONTRACTOR obtain at its sole cost and file with CITY, prior to exercising any right or performing any obligation pursuant to this Agreement and maintain for the period covered -by the Agreement, the following insurance, which shall be full -coverage insurance not subject to self-insurance conditions: (1) Comprehensive General Liability insurance with at least One Million Dollars ($1,000,000.00) per occurrence; and (2) Comprehensive Automobile Liability insurance of combined single limit Primary Bodily Injury and Primary property Damage in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence. (3) Worker's Compensation insurance with limits established and required by the State of California. Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 day written notice to the certificate holder named. 4. AUTHORITY, through its agreement with the CONTRACTOR, shall employ only qualified drivers to operate any vehicles in performance of this Agreement. Prior to employment, CONTRACTOR shall review the records maintained and made available by the jnT/k/octacon/9116197 2 • Department of Motor Vehicles regarding each of said drivers. Each of said drivers shall possess and maintain any licenses or certificates required by law and necessary for their individual performances on behalf of CONTRACTOR under this Agreement. AUTHORITY, through its agreement with CONTRACTOR shall be solely responsible for the supervision of said drivers in the performance of their duties. 5. Notwithstanding any other provision of this Agreement, AUTHORITY and CITY agree to comply with all applicable federal, state and local laws and regulations. 6. AUTHORITY shall ensure that CONTRACTOR establishes, maintains, and preserves records which include and substantiate costs of all labor and materials related to the performance of this Agreement and documentation which substantiates CONTRACTOR's performance of transportation services pursuant to this Agreement. AUTHORITY, through its agreement with CONTRACTOR, shall make all of the above records available, upon reasonable prior notice, to CITY during regular business hours. 7. CONTRACTOR shall pick up, transport and deliver such passengers at and to such locations and at such time as are described in EXHIBIT A - STATEMENT OF SERVICES - attached hereto and by this reference incorporated herein. 8. The initial term of this Agreement shall be one (1) year, commencing July 1, 1997, and expiring at the end of business or 5:00 p.m. whichever occurs last on June 30, 1998. This period may be extended by one option year upon mutual agreement and with the written permission of the CITY and AUTHORITY. 9. The total amount granted to AUTHORITY is Eleven Thousand Dollars ($11,000) 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. For services provided by AUTHORITY under this Agreement for the initial term, CITY shall pay $1.28 per passenger trip up to but not to exceed the amount of Eleven Thousand Dollars ($11,000.00), which would be the jmp/k1ocLacoo/9/ 16/97 3 • E amount equivalent to the provision of the maximum number of passenger trips specified in EXHIBIT A - STATEMENT OF SERVICES. 10. Payment shall be made to AUTHORITY following the submission of quarterly invoices in a form prescribed by CITY, detailing such expenses. AUTHORITY 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 AUTHORITY 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 30 days after the end of the fiscal year, June 30, 1998. AUTHORITY shall submit quarterly invoices to CITY for payment pursuant to this Agreement within 30 days after the close of each quarter. Failure of CITY to pay AUTHORITY amount due under this contract within 30 days from date of invoice shall entitle AUTHORITY to, in addition to any other legal remedies available to AUTHORITY, suspend or diminish its performance under this Agreement if it so elects. 11. AUTHORITY 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. 12. 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 jmp/k/ocuscoo/9/ I6/97 4 audit was completed in accordance with specific program requirements of the OMB Circular (i.e., A-128 or A-133). 13. The CITY shall have the right to recapture all or a portion of Block Grant funds disbursed to AUTHORITY should the AUTHORITY 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. 14. AUTHORITY 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 AUTHORITY 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. 15. AUTHORITY 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 AUTHORITY. Further, any conflict or potential conflict of interest of any officer of AUTHORITY shall be fully disclosed to the City prior to the execution of this agreement and shall be attached to and become a part hereof. 16. AUTHORITY 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. 570.504 (Code of Federal ReguIations). The AUTHORITY shall disclose to the CITY all program income received utilizing CDBG funds administered under this Agreement. 17. AUTHORITY 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 AUTHORITY. jnV/k/octacon/9/ 16/97 5 • 0 18. AUTHORITY acknowledges that the CITY shall disburse funds to AUTHORITY only upon execution of this agreement, and CITY is empowered only to provide funds to AUTHORITY pursuant to the provisions of this agreement. 19. - AUTHORITY 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 AUTHORITY's employees and damage to AUTHORITY's property, arising directly or indirectly out of the obligations or operations herein undertaken by AUTHORITY, 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. AUTHORITY will conduct all defense at its sole cost and expense. CITY shall be reimbursed by AUTHORITY for all costs or attorney's fees incurred by CITY in enforcing this obligation. 20. CITY hereby agrees to protect,. defend, indemnify and hold and save harmless AUTHORITY, its offices, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to AUTHORITY's employees and damage to CITY's property, arising directly or indirectly out of the obligations or operations herein undertaken by CITY, including those arising from the passive concurrent negligence of AUTHORITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of AUTHORITY, CITY will conduct all defense at its sole cost and expense. AUTHORITY shall be reimbursed by CITY for all costs or attorney's fees incurred by AUTHORITY in enforcing this obligation. 21. Pursuant to City Council Resolution 6277 on July 21, 1997, the City Council by its action waived its requirement that the AUTHORITY provide proof of Worker's Compensation and General Liability insurance, for the period between July 1, 1997 to June 30, 1998. 22. Pursuant to California Labor Code Section 1861, AUTHORITY acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured jmpWoctecon19116197 Ri • against liability for workers' compensation; AUTHORITY covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 23. The AUTHORITY's officer (agent) is: Lisa Mills, Chief Executive Officer/Treasurer. 24. All notices pertaining to this Agreement, and any communications from the parties may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return, receipt requested, postage prepaid and addressed as follows: To CITY City of Huntington Beach Department of Economic Development 2000 Main Street Huntington Beach, CA 92648 Attention: Assistant Project Manager (714/536-5529) To AUTHORITY: Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92613-1584 Attention: Procurement Administrator (714/560-5609) Any of the parties may cancel this Agreement by giving thirty (30) days written notice of said cancellation to the other party hereto. In the event of termination or cancellation for any reason, CITY shall be liable for services rendered up to such termination. This document fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Agreement. No prior written or oral provisions or understanding, between the parties shall have any force or affect. No addition to or alteration of the terms of this Agreement shall be valid unless made in writing and formally adopted in the same manner as this Agreement. 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 AUTHORITY within thirty (30) days of receipt jmp/k/octscon/9/1 b/97 7 i • of this document. It shall be the responsibility of the City to transmit this agreement and any other necessary documentation to AUTHORITY 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 agents the day, month and year first above written. ORANGE COUNTY TRANSPORTATION CITY OF HUNTINGTON BEACH, a municipal AUTHORITY, a California Public corporation of the State of California Corporation By: Mayor Li Its, Chief Executive Officer/Treasurer By. APPROVED AS TO FO Kennard R. Smart, Jr., G ty Counsel City Attorney ATTEST: 9--16 -1-7 /.4cl. e4wa I IATED AN 70VED City Clerk l/ �Jy� Ch-Bikwtor of Economic Development REVIEWED AND APP VE sty Administrator jmp/k/miscon/9116/97 8 CITY OF HUNTINGTON BEACH SENIOR TRANSPORTATION STATEMENT OF SERVICES 1. The AUTHORITY shall provide, through its agreement with a third party contractor, special agency transportation service to the city's designated senior centers for the purpose of community meals and related activities: Rodgers Center 1706 Orange Huntington Beach, CA 92648 The not -to -exceed contract amount shall be $11,000.00 which is equivalent to 8,594 passenger trips. Service shall not exceed this amount. A passenger trip is a one way trip. 2. Service shall commence on July 1, 1997 if a contract is executed between the AUTHORITY and the contracting city. Contracts not executed shall result in an interruption of service. 3. The AUTHORITY shall schedule and operate a vehicle or vehicles Monday through Friday within normal business hours of the senior center as specified above in Item 1 of the Statement of Services for senior participation. The service level will be determined by annual number of trips budgeted for the site. 4. The AUTHORITY at its discretion shall utilize vehicles for any purpose it deems necessary at any time when senior passengers are not being transported. The vehicles will be used for senior transportation for a designated period of time each day. 5. The AUTHORITY SHALL assign any equipment it feels appropriate for the needs of the client and we reserve the right to reassign both equipment and driver as needs may occur either for the passenger or for OCTA scheduling. 6. The AUTHORITY shall deny transportation to any passengers who may pose a danger to themselves, other passengers or the drivers or who may require special handling beyond the scope of the driver's responsibility and/or training. 7. All rides provided by the AUTHORITY shall be on a space available basis and within the budgeted amount of service for the center. Geographic considerations may affect the AUTHORITY's ability to schedule riders. The AUTHORITY will determine the number of individuals assigned to a given route to ensure maximum service quality and routing integrity. 71kloctacon19116197 8. Participants attending the senior center must reside in the same city as the center unless it is determined that no senior center is available within their city. In that case special arrangements will be made. 9. The AUTHORITY requires that all passengers be ready for the transportation vehicle at the scheduled pick up time. The drivers shall wait only five minutes after the scheduled time. If the passenger is not ready within this time the driver must proceed to the next location and the passenger will be recorded as a "No Show." 10. A Cancellation/No Show policy is in effect and will be adhered to. Cancellations must be made by 5:00 p.m. on the day prior to the trip. If the driver does not have the notification of the cancellation prior to arriving at a pick up address, the passenger wiM be marked as a "No Show." 11. A "No Show" will be counted as one passenger trip. 12. Service will be provided to the center within the budgeted number of trips per month. This will be monitored on a monthly basis and adjustments will be made to the service as "necessary. 13. Invoicing for the service will be on a quarterly basis within fifteen days after the end of the last month of the quarter. Payments must be made to OCTA within 30 days from the receipt of the invoice at the end of each quarter as referenced in the agreement to ensure uninterrupted service. 14. The AUTHORITY contacts for this service shall be: Invoicing and Payments Laurie Angel 560-5637 Contractual Issues Roslyn M. Lewis. 560-5609 Service Issues Lisa Molnar 560-5956 Any changes to the above structure will be provided in writing. 7/k/octscon/9116197 2 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM ' E=11111 TO: ' /f / >` e sue City, State, Zip See Attached Action Agenda Item ATTENTION: ez611,� DEPARTMENT;P j1JYi/N/��7- REGARDING: Date of Approval % oil / 17 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. &-f� 4 Connie Brockway City Clerk Attachments: Action Agenda Pagey Agreement ✓ Bonds Insurance RCA Deed Other Remarks: CC: W7.j'N z e 4--i2- ble V Name Department RCA Agreement Insurance Name Name Department RCA Department RCA Risk Management Department Insurance Copy Agreement Insurance Agreement Insurance 149 e77'D ,qMA019 Other Other Other G: Followop'a grmts`trartsltr { Telephone: 714.536-5227 )