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Home My WebLink AboutSPECIAL CHILDRENS CONNECTION - 1998-10-19 (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 Existing 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 7-01 E-13. (City Council) Approve Community Development Block Grant (CDBG) Subgrantee 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 7-0] 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 7-01 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 SPECIAL CHILDREN'S CONNECTION FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into this JI day of ®ei06xo , 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 SPECIAL CHILDREN'S CONNECTION, 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 SUBGRANTEE 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:scc 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:4:98agree:cdbg:scc 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:scc 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:scc 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:scc 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: SPECIAL CHILDREN'S CONNECTION, CITY OF HUNTINGTON BEACH, a California nonprofit corporation 1ifbrnia municipal corporation By: Mayor Name !� !r' /�i�ar✓IBC f7'b��.P (type or print) ATTEST: Its(circle one)Chai njW oard,President, /,� Any ice Presiden '%��t44 AND City Clerk APPROVED AS TO FORM: Name Lam_ -Y. G-w-v/n ?�t Attorney or print) _ Its(circle one SecrPfffincer, Any Assistant Secretary /� �� Chief Fin Any Assistant Treasurer REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admi istrator Direct r!of Economic bevelopment 6 g*98agree:cdbg:scc 98 RLS 98-705 11/10/98 EXHIBIT A FISCAL YEAR 1998-1999 SUBGRANTEE IDENTITY DOCUMENT NAME OF SUBGRANTEE: SPECIAL CHILDREN'S CONNECTION. ADDRESS: 3221 South Artesia Street Santa Ana, CA 92704 STATUS: California nonprofit corporation OFFICERS: Charles Hollis, President Latonya Freeman, Secretary PURPOSE OF GRANT: Salary and benefits for one Administrative Assistant. FISCAL YEAR: 1998-1999 AMOUNT OF GRANT: $5,000.00 7 gA:98agree:cdbg:scc 98 RLS 98-705 11/10/98