HomeMy WebLinkAboutORANGE COUNTY COUNCIL ON AGING - 1998-10-19 i
(7) 10/19/98 - Council/Agency Agenda Page 7
E-12. (City Council) Approve Professional Services Contract With Info.Sys Business Solutions
For Maintenance And Modifications For Existina Mainframe Applications (600.10) -
Approve the Professional Services Contract between Info.Sys. Business Solutions and the City
of Huntington Beach, as prepared by the City Attorney, for maintenance and modifications for
existing mainframe applications (Attachment No. 1) and authorize execution by the Mayor and
City Clerk. Submitted by the Building and Safety Director
[Approved 7-0]
E-13. (City Council) Approve Community Development Block Grant (CDBG) Subgran tee
Sample Agreement—Approve Waiver Of Usual Insurance Requirements (340.70)
1. Approve and authorize the Mayor and City Clerk to execute ten individual subgrantee
agreements* based on the sample contract (as approved by the City Attorney) between the
City and each public service agency (Attachment No. 1) and 2. 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 the Economic
Development Director
*(Adult Day Services, Boys & Girls Clubs/Fountain Valley (Financial Aid/Teen Program),
Community Services Program (CSP), Episcopal Service Alliance, Hotline of Southern
California, Interval House Crisis Shelter, Huntington Beach Community Clinic, Orange
County Council on Aging, Fair Housing of Orange County (within the 20%.Admin Cap),
Special Children's Connection Preschool)
(Approved 7-01
E-14. (City Council) Approve Extension Of Memorandum Of Understanding Between
County Of Orange_& City Of Huntington Beach —800 MHz Project And Approve Lease
Agreement Between The City And The County Of Orange For Operation Of 800 MHz
Antenna At Civic Center (600.25) — 1. Approve the-extension of the term of the
Memorandum of Understanding between the City of Huntington Beach and the County of
Orange for the installation of an 800 MHz Project through December 18, 1998. 2. Approve
and authorize the Mayor and City Clerk to execute a lease agreement between the City of
Huntington Beach and the County of Orange for the operation and maintenance of the 800
MHz facility at Huntington Beach Civic Center—Lease Between the City of Huntington
Beach and the County of Orange for Equipment Room Space in Connection with the
Countywide 800 MHz Communication System." Submitted by the Fire Chief
[Approved 7-0]
E-15. (City Council) Approve Appointments To The Allied Arts Board—Casey, DeWitt, Eng
(110.20) —Approve the appointments of Diana Casey, John DeWitt and Eveline Eng to the
Allied Arts Board. Their terms will expire on 6/30/02. Submitted by the Community Services
Director
(Approved 7-01
SUBGRANTEE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ORANGE COUNTY COUNCIL ON AGING
FOR HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into this 1-ay of 0 , 1998,
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
ORANGE COUNTY COUNCIL ON AGING, a California nonprofit corporation, hereinafter
referred to as "SUBGRANTEE," for the expenditure of Block Grant funds.
WHEREAS, 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:
1. PURPOSE. The purpose of the subgranting of CDBG funds to SU 3GRANTEE is set
forth in the Subgrantee Identity document attached hereto as Exhibit "A" for each fiscal year in
which a subgrant of funds is made. Said funds shall be solely used for the purposes set forth in
Exhibit "A" (Subgrantee Identity Document), in accordance with the Budget and Statement of
Intended Beneficiaries, Exhibit`B," and the Scope of Work, (Exhibit "C") copies of which are
attached hereto and are incorporated by this reference as though fully set forth herein.
2. IDENTITY AND OFFICERS OF SUBGRANTEE. The identity and officers of the
SUBGRANTEE are set forth in Exhibit "A" attached hereto.
1
g:4:98agree:cdbg:occoa 98
RLS 98-705
11/10/98
3. AMOUNT OF GRANT. The total amount granted to SUBGRANTEE is set forth in
Exhibit "A" attached hereto, and such funds shall be expended within a time period not
exceeding twelve (12)consecutive months 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 applicable fiscal year. This Agreement shall be extended for additional fiscal
years if CITY approves subsequent grant allocations to SUBGRANTEE.
4. COMPLIANCE WITH FEDERAL REQUIREMENTS. 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.
2
g*98agree:cdbg:occoa 98
RLS 98-705
11/10/98
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. RIGHT TO RECAPTURE FUNDS. 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. DISPOSAL OF PROPERTY OR RECORDS. 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 four year period.
7. CONFLICTS OF INTEREST. 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. INTEREST INCOME. 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
3
g:4:98agree:cdbg:occoa 98
RLS 98-705
11/10/98
570.504. The SUBGRANTEE shall disclose to the CITY all program income received utilizing
CDBG funds administered under this Agreement.
9. FAILURE TO PERFORM; DEFAULTS. 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. DISBURSEMENT OF FUNDS. 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. INDEMNIFICATION,DEFENSE AND HOLD HARMLESS. 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, caused in whole or in part by any negligent act or
omission of the SUBGRANTEE, any subcontractors, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, including but not limited to
concurrent active or passive negligence except where caused by the active negligence, sole
negligence or willful misconduct of CITY. SUBGRANTEE will conduct all defense at its sole
cost and expense.
12. WAIVER OF INSURANCE REQUIREMENTS. Pursuant to City Council
Resolution 97-20, the City Council hereby waives its requirement that the SUBGRANTEE
4
g:4:98agree:cdbg:occoa 98
RLS 98-705
11/10/98
provide proof of Worker's Compensation and General Liability insurance, for the term of this
Agreement.
13. COMPLIANCE WITH WORKERS' COMPENSATION LAWS. 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 covenants that it will comply with such provisions prior to
commencing performance of the work hereunder. _
REST OF PAGE NOT USED
5
g:4:98agree:cdbg:occoa 98
RLS 98-705
11/10/98
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: CITY:
ORANG OUNTY COUNCIL ON AGING, CITY OF HUNTINGTON BEACH,
a Califo nia onprofi o poration California municipal corporation
By:
Mayor
Name PAMALA D. Mc GOVERN
(type or print) EXeU� ATTEST:
Its(circle one)Chairman of the Board,President,a rvc
Any Vice President
AND City Clerk
X .
By APPROVED AS TO FORM:
r
Name MARJORIE BURGESS City ttorney
(type or �-It I I1 ..�"
Its(circle one)Secretary Any Assistant Secretary �� ��.ti� cop.
Chief Financial Officer, y reasurer
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Admi istrator Director of Economic ffevelopment
6
g*98agree:cdbg:occoa 98
RLS 98-705
11/10/98
r
EXHIBIT A
FISCAL YEAR 1998-1999
SUBGRANTEE IDENTITY DOCUMENT
NAME OF SUBGRANTEE: ORANGE COUNTY COUNCIL ON AGING.
ADDRESS: 1971 East Fourth St Suite 200
Santa Ana CA 92705-3917
(714)479-0107 Fax(714)479-0234
STATUS: California nonprofit corporation
OFFICERS: Donald Solsby, President
Vickie Hays, Secretary
PURPOSE OF GRANT: Salary and benefits for an Ombudsman for the Huntington Beach
area.
FISCAL YEAR: 1998-1999
AMOUNT OF GRANT: $6,000.00
7
g*98agree:cdbg:occoa 98
RLS 98-705
11/10/98