HomeMy WebLinkAboutFEEDBACK FOUNDATION INC - Subgrantee Agrmt - Housing and Community Developemnt Block Grant Program (CDBG) 7/21/97 - 1997-07-21(11) 0 07/21/97 - Counciogency Agenda - Page 11
E-13. (City Council) Approval Of Twelve [Tent Communitv Developement Block Grant
(CDBG) Subgrantee 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
CSP - $23,000, Episcopal Service Alliance - S12,000, 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; 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
the 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 CorridorAuto Dealer Survey and Recommendations for Action,
dated .tune 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 Fine 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]
Council/Agency Meeting Held: 7
Deferred/Continued to:
WApproved ❑ 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 or
PREPARED BY: DAVID C. BIGGS, Director of Economic Development Department
SUBJECT: Approval of Community Development Block Grant (CDBG)
Subgrantee Agreements
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(sl
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 fWe4vQ 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.
,f
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RE&EST FOR COUNCIL ACTIOR
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 Job 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
R• UEST FOR COUNCIL ACTION
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.
Env jWn entM.j Status: 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- 07110197 3:07 PM
SUBGRANTEE AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FEEDBACK FOUNDATION, INC.
FOR HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into this day ofy�� ^,
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 Feedback Foundation, Inc., 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 for salaries and benefits one Kitchen Aide on site at Rodgers Senior
Center in the operation of SUBGRANTEE' S facility located at 1706 Orange.
Huntington Beach, CA 92648 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.
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2. The SUBGRANTEE is a nonprofit California corporation duly
organized under the laws of the State of California, whose officers are: President,
John Kumbera, Secretary/Treasurer, Arlene Spielman.
3. The total amount granted to SUBGRANTEE is $5,000 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.
PA
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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.
b. 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.
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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 und8rtaken 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.
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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
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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
a nonprofit California corporation
By:
J Kumbera
Its: President
President '
k
By:
Arlene Spielman
Its: Secretary/Treasurer
Secretary
ATTEST:
City Clerk // 41
REVIEWED AND APPROVED:
CITY OF HUNTINGTON BEACH
a municipal corporation of the
State of California
•'
APPROVED AS TO FORM:
r
City Attorney 1,1D'
1 % ffl1&a't 0"
INITIATED AND APPROVED:
dministra i or of Economic Development
2
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r�.jR CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONME BROCKWAY
CITY CLERK .
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCILJREDEVELOPMENT AGENCY APPROVED ITEM
DATE: /VD lerh 6 eR1 19 `l 7
TO: ��ca(3�4�Ir, fOVNIa fYTi ��
Name
1-766 6gallatzr.
str
/1c)jVrZM6,-7bwAeaC-fr . -d-elj-�.
City, state, zip 9a �l
ATTENTION: aZ
DEPARTMENT: e- �, axt.
REGARDING: e.1�84:�- ,daet GxhAIr
See Attached Action Agenda Item .4E —11-5 Date of Approval 7 7
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
�axJ � J 1�1�7
Connie Brockway
City Clerk
Attachments:
Remarks:
Action Agenda Page -L Agreement ✓ Bonds
RCA Deed Other
Insurance
CC: &JZC I
14 r000
n,o f3 1°r9dc
fie. - � V �_
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Name
Department
RCA
Agreement Insurance
Other
Name
Name
Department
Department
Risk Management Department Insurance Copy
RCA Agreement Insurance
RCA Agreement Insurance
Other
Other
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{Telephone: 714-536.5227 )