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HomeMy WebLinkAbout4.13 CDBG 2013 Agreements STAFF REPORT CITY CLERK File #600-40 CITY COUNCIL DATE:August 20, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Approval of Agreements for the use of Fiscal Year 2013-2014 Community Development Block Grant (CDBG) funds. Prepared by Amy Cunningham, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approval of an Agreement between the City of Dublin and the County of Alameda for the use of Fiscal Year 2013-2014 Community Development Block Grant funds. Staff is also requesting that the City Council approve the related service organization agreements and approve the requested budget change. FINANCIAL IMPACT: The total amount of CDBG funds allocated to the City Dublin for Fiscal Year 2013-2014 is $91,873. Due to a change in the County’s allocation formula, the City of Dublin received increased funding this year primarily due to the City’s increased population. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute an Agreement between the City of Dublin and the County of Alameda for the use of Community Development Block Grant Funds for Fiscal Year 2013-2014, approve the required Community Development Block Grant service organization funding agreements, and approve the budget change. Submitted By Assistant City Manager DESCRIPTION: The City of Dublin has participated in the Alameda County Urban County CDBG (Community Development Block Grant) / HOME Funds Program since 1982. The Cities of Dublin, Albany, Emeryville, Newark, and Piedmont, all with populations under 50,000 residents, are the Urban County Cities. As an Urban County City, Dublin receives CDBG funds through Alameda County, disbursed on behalf of the U.S. Department of Housing and Urban Development (HUD). Alameda County and HUD work with the City to assure that CDBG-funded activities are expended and reported in compliance with federal regulations. ITEM NO. 4.13 Page 1 of 3 During Fiscal Year 2013-2014, the City of Dublin was allocated $91,873 in CDBG funding, $27,680 more than the prior year. This increase was the result of a change in the County’s allocation methodology, including an adjustment for the City’s increasing population. Funding Process In November 2012, Staff sent out a Request for Proposals (RFP) to solicit interest from agencies in providing services within the City. On February 11, 2013, the City Council’s Community Grants Program Subcommittee (Mayor Sbranti and Councilmember Hart) held a public meeting to receive applicant presentations and deliberate about funding recommendations. The Subcommittee recommended funding allocations that were then considered by the City Council at the February 19, 2013 meeting and adopted as part of the Fiscal Year 2013-2014 budget on June 4, 2013. Funding Allocations The following chart illustrates the City Council’s approved grant awards and the County’s final award to each organization. A description of the changes to the City Council’s approved allocations is presented below. Final County City Council CDBG Category FY13-14 Approved Approved Administered by City of Dublin Service Providers / Public Services $15,000 $15,000 Axis Community Health * $ 3,500 $3,500 Bay Area Community Services $ 5,000 $5,000 CALICO $10,000 $10,000 Open Heart Kitchen $10,209 $10,000 Senior Support $6,475 $6,475 Spectrum $50,184 $49,975 Sub-Total $6,600 $6,600 Administration Reimbursement Administered by Alameda County $10,758 $35,298 Housing Rehabilitation $67,542 $91,873 Total CDBG Allocation Alameda County is restricted by HUD in the amount of funds that can be used for specific funding categories (such as public services, capital, or administration). Expenditures for public services are limited to 15% of the County’s funding allocation. Public services are those direct services organizations provide to residents within the community, such as the ones listed above. Because Dublin is part of the Urban County Cities pool, the County has historically been able to provide Dublin with flexibility in funding public services beyond the 15% cap. The other Urban Page 2 of 3 County Cities typically use their funding to support capital projects, providing the flexibility in categorical spending for Dublin’s public services. As a result of Dublin’s increased CDBG allocation this year, the County was not able to meet the 15% cap on public services without the potential for reducing funding to organizations providing public services. To avoid proportional funding reductions to all service organizations, Axis Community Health agreed to adjust funding sources for their two City approved grant awards. This adjustment allows them to access CDBG funds for their capital project and the City’s General Fund for their medical enrollment services program without impacting the approved grant awards for all agencies. This funding change is shown in the chart below: City Council Axis Community Health * Approved Funding Proposed Funding Medical Enrollment Services $10,000 $10,000 CDBG – Public Services City General Fund Construction Pre-Development $15,000 $15,000 City General Fund CDBG – Capital A budget change (Attachment 2) is required to enact this change. City/County Agreement The City is required to enter into an annual funding agreement with the County in order to access CDBG funds. The agreement outlines the City’s responsibilities in using the CDBG funds, including monitoring and reporting requirements. The attached resolution (Attachment 1) authorizes the City Manager to execute the agreement between the City of Dublin and the County of Alameda. Service Organization Agreements The City is also required to enter into standard funding agreements with each approved service organization. The organization agreements outline the services to be provided to Dublin residents and the conditions under which CDBG funds may be expended. Staff is recommending the City Council authorize the City Manager proceed with executing agreements with the approved organizations with the understanding that the organizations cannot expend funds prior to the City and County fully executing their Agreement. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this staff report will be provided to the County of Alameda and to each of the CDBG grantees. ATTACHMENTS: 1. Resolution Approving Agreement By and Between the City of Dublin and the County of Alameda for Fiscal Year 2013-2014 Community Development Block Grant Funds 2. Agreement By and Between the City of Dublin and the County of Alameda 3. Budget Change Form Page 3 of 3 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR FISCAL YEAR 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974; and WHEREAS, Title I of the Act consolidates previous grant programs into the Community Development Block Grant Program (CDBG); and WHEREAS, the United States Department of Housing and Urban Development has made a determination that Alameda County may operate as an Urban County; and WHEREAS, the City Council has received a report recommending adoption of an agreement between the City of Dublin and the County of Alameda for allocation and usage of $91,873 in Community Development Block Grant funds for Fiscal Year 2013-2014 for the benefit of Dublin residents; and WHEREAS, to use CDBG funds allocated for Fiscal Year 2013-2014, Staff issued a Request for Proposals to solicit interest from agencies in providing services within the City; and WHEREAS, on February 19, 2013 and again on June 4, 2013, the City Council approved the use of CDBG funding for the following programs: Axis Community Health, Bay Area Community Services, Open Heart Kitchen, Senior Support of the Tri-Valley, Spectrum Community Services, Alameda County Minor and Major Home Repair Program (administered by Alameda County), and Program Administration (collectively “the Programs”); and WHEREAS, the City will prepare standard funding agreements for each service organization meeting the County and HUD’s CDBG regulations; and WHEREAS, this year, the CDBG allocations released by the United States Department of Housing and Urban Development were delayed, thereby causing delays in the County’s ability to process agreements with the Urban County Cities, including Dublin prior to July 1, 2013; and WHEREAS, the City Council desires the City Manager to execute the Agreement between the City of Dublin and Alameda County for CDBG funding, and standard funding agreements with each service organizations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin takes the following actions: (1) Approve the Agreement between the City of Dublin and the County of Alameda for the allocation of CDBG funds for Fiscal Year 2013-2014; (2) Authorize the City Manager to execute the Agreement between the City of Dublin and the County of Alameda and required funding agreements with the service organizations listed above. PASSED, APPROVED AND ADOPTED this 20th day of August, 2013, by the following vote: AYES : NOES : ABSENT : ABSTAIN : ______________________________ Mayor ATTEST : _________________________________ City Clerk AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA THIS AGREEMENT is made and entered into this 1st day of July, 2013, by and between the County of Alameda (hereinafter referred to as "County"), and the City of Dublin, located in the County of Alameda, State of California, (hereafter referred to as "City"). WHEREAS, the County has entered into a Grant Agreement with the United States Department of Housing and Urban Development (HUD), for a Community Development Block Grant (CDBG) under the Housing and Community Act of 1974, said funds to be used for Community Development block Grant Programs and its eligible activities; and WHEREAS, the activities of the City under this Agreement with the County shall be governed by the conditions of the Grant Agreement between the County and the United States Department of Housing and Urban Development; NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, COUNTY AND CITY DO MUTUALLY AGREE AS FOLLOWS: I. STATEMENT OF WORK AND COMPENSATION A. City will perform or arrange for the performance of the work under this Agreement in the manner and time provided herein and in accordance with: the budget; the scope of work and any specifications and drawings; and all related documents and provisions attached hereto as Exhibit A and incorporated herein by reference. B. The maximum amount of fiscal year 2013 CDBG funds covered by this agreement shall be $91,873. In the event that HUD reduces the Urban County CDBG allocation, the City's allocation will be reduced proportionately. II. COMMENCEMENT AND COMPLETION REQUIREMENTS A. This Agreement shall be in effect until June 30, 2015 or until all fiscal year 2013 Urban County CDBG funds allocated to City are disbursed to City, or for the duration of any regulatory agreement or contract executed in conjunction with a project financed with fiscal year 2013 CDBG funds, or when all of the contract terms have been completed whichever shall first occur. B. It shall be the responsibility of the City to coordinate and schedule the work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The County may extend the time for completion of the work to be performed under this Agreement in writing, if it determines that delay in the progress of work is not attributable to the negligence of the City and that such delay was due to causes beyond the control of the City, and if such extension will not cause the County to be out of compliance with CDBG rules and regulations for timely commitment and expenditure of funds. C.Any time extension granted to the City to enable the City to complete the work shall not constitute a waiver of rights the County may have under this Agreement. D. Should the City not complete the work by the scheduled date or by an extended date, granted by the County in writing, pursuant to previously stated conditions, the County shall be released from all conditions of this Agreement. E. Upon completion of performance under this Agreement and a determination of final costs, City shall submit to the County a certificate of completion for construction projects and a requisition for final payment for service projects, unless otherwise provided in this Agreement. F. As a part of this Agreement, City will provide the County with a Certificate of Insurance as outlined in Exhibit B. III. SUBCONTRACTS A. Any subcontract funding under this Agreement shall be submitted to County for review and approval prior to its execution. B. In the event subcontractor is a private non-profit or neighborhood-based non-profit organization, or a local development or small business investment corporation, contractor is required to comply with the procurement procedures of Office of Management and Budget (OMB) Circular A-110 and A-122 (incorporated herein by reference) for the procurement of supplies and services in connection with activities funded under this Agreement. C. Any subcontract funded under this Agreement shall be subject to the terms and conditions of this Agreement. IV. BUDGET Any requested modification to the Budget attached to this Agreement and incorporated as part of this Agreement, shall be reviewed and approved by the Alameda County Housing Director on behalf of the County. Any budget modifications require the prior written approval of Alameda County Housing Director on behalf of the County. Budget modifications shall not alter: 1) The basic scope of services required to be performed under this Agreement; 2) the time period for the services to be performed under this Agreement; and, 3) the total amount of the authorized budget of this Agreement (see Exhibit A), subject to future amendments as approved by the Alameda County Housing Director. Any of the cost categories shown in the Agreement Budget, except administration, may be exceeded by ten percent of the indicated figure, provided that the total approved amount of allowable costs is not exceeded and stays under the 15% Urban County Public Services cap. V. RECORDS AND REPORTS A. All original documents prepared by City in connection with the work to be performed under this Agreement shall be the property of the County. B. City's records shall be made available for review by the County prior to the release of funds. City shall be responsible for maintaining all records pertaining to this Agreement, including subcontracts and expenditures, and all other financial and property records in conformance with OMB circular A-110. C. Records must be kept accurate and up-to-date. Failure of City to comply with this provision could result in termination of this Agreement or City's repayment of funds previously awarded under this Agreement. VI. PROGRAM MONITORING AND EVALUATION A. City shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. B. City shall undertake continuous quantitative and qualitative evaluation of the Scope of Services as specified in this Agreement and shall make quarterly written reports to County. 1. The quarterly written reports shall be submitted in the format approved and distributed by the County. 2. The quarterly report shall be due on the fifteenth day of the month immediately following the report quarter, except for the end of the program year report which is due within thirty days. C. The County shall have ultimate responsibility for project monitoring oversight and evaluation, to assist City in complying with the scope and contents of this Agreement, and to provide management information which will assist the County's policy and decision-making and managers. D. The City shall follow audit requirements of the Single Audit Act and OMB Circular A-128. VII. PROGRAM INCOME A. Program income shall be recorded as part of the financial transactions of the grant program and disbursed in accordance with OMB Circular A-110. B. Program income received by City shall be returned to County for future application to City projects. C. Program income from Urban County program activities undertaken by or within City which thereafter terminates its participation in the Urban County shall continue to be program income of the County. County may transfer the program income to City, upon its termination of Urban County participation, provided that City has become an entitlement grantee and agrees to use the program income in its own CDBG entitlement program. VIII. UNIFORM ADMINISTRATIVE REQUIREMENTS A. City shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section 570.502 as applicable to governmental entities. B. City shall comply with Executive Order 13166 to improve access to services for persons with Limited English Proficiency (LEP) including developing a Language Access Plan. IX. RELIGIOUS ACTIVITY PROHIBITION There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Agreement. X. REVERSION OF ASSETS A. Upon the expiration of this Agreement, City shall transfer to County any CDBG funds on hand at time of expiration and any accounts receivable attributable to the use of CDBG funds. B. Real property in excess of $25,000, obtained in whole or in part with CDBG funds must be used to meet one of the national objectives for a minimum of ten years after the expiration of this Agreement or disposed of in a manner that results in County being reimbursed at fair market value less value attributable to non-CDBG expenditures. XI. OTHER PROGRAM REQUIREMENTS A.City certifies that it will carry out each activity in compliance with all Federal laws and regulations described in 24 CFR, Part 570, Sub-part K (570.600-570-612) and relates to a) Non-discrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, 3) National Flood Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Opportunities, h) Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j) Uniform Administrative Requirements and Cost Principals, k) Conflict of Interest, and l) Displacement. B.Activities and programs under this Agreement shall be governed by the policies and procedures of the Alameda County Urban County or as directed by the County as grantee in order to ensure that compliance with all applicable laws and regulations. XII. TERMINATION OF THIS AGREEMENT County may terminate this Agreement in whole or in part immediately for cause, which shall include as example but not as a limitation: A. Failure, for any reason, of City to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with City, State and Federal laws and regulations and applicable directives; B. Failure to meet the performance standards contained in other sections of this Agreement; C. Improper use or reporting of funds provided under this Agreement; and D. Suspension or termination by HUD of the grant to the County under which Agreement is made, or the portion thereof delegated by this Agreement. E. Any and all notices, writings, correspondences, etc., as required by this Agreement shall be directed to the City and County as follows: City County Housing Director Alameda County HCD 224 W. Winton Avenue, Room 108 Hayward, CA 94544 XIII. HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by law, City shall hold harmless, defend and indemnify the County, its Board of Supervisors, officers, employees and agents (collectively Indemnities) from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of City or County) or damage of any property (including property of City or County) which arises out of any way connected with performance of this agreement (collectively Liabilities) except where such liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day first mentioned above. Approved as to form: Approved as to form: Donna R. Ziegler County Counsel By:__________________________ By:__________________________ City Attorney William M. Fleishhacker Deputy County Counsel Date: Date: * * * * * * * * * * * * * CITY OF DUBLIN COUNTY OF ALAMEDA By:__________________________ By:_____________________________ City Manager President, Board of Supervisors Attest:_______________________ Date: City Clerk Date:________________________ By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA EXHIBIT A 03P Health Facilities Construction of a new addition for community health clinic $15,000 05A Public Service - Senior Services Provide a minimum of 3,500 meals to 35 low-income seniors. $6,475 Case Management services will be provided to seniors living in their own $10,000 homes independently. 05 Public Service Free hot meals provided for low income residents $10,000 Case Management for Abused Children $5,000 05O Public Service – Mental Health Services Community based day program serving adults with psychiatric disabilities. $3,500 14A Rehabilitation – Single Unit Residential Minor Home Repair and Owner Rehabilitation Programs. $35,298 21A Administration Provide overall CDBG program administration. $6,600 TOTAL – CITY OF DUBLIN$91,873 Anticipated Program Income* $0 * Based on an estimate of prior years’ program income received; only actual program income received will be available to the City for its Revolving Loan Fund (Housing Rehabilitation Programs). EXHIBIT B COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements: TYPE OF INSURANCE COVERAGES MINIMUM LIMITS A Commercial General Liability $1,000,000 per occurrence (CSL) Premises Liability; Products and Completed Operations; Contractual Liability; Bodily Injury and Property Damage Personal Injury and Advertising Liability B Commercial or Business Automobile Liability $1,000,000 per occurrence (CSL) All owned vehicles, hired or leased vehicles, non-owned, borrowed and Any Auto permissive uses. Personal Automobile Liability is acceptable for individual Bodily Injury and Property Damage contractors with no transportation or hauling related activities C Workers’ Compensation (WC) and Employers Liability (EL) WC: Statutory Limits Required for all contractors with employees EL: $100,000 per accident for bodily injury or disease D Professional Liability/Errors & Omissions $1,000,000 per occurrence Includes endorsements of contractual liability $2,000,000 project aggregate E Endorsements and Conditions: 1.ADDITIONAL INSURED: All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees and representatives. 2.DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. 3.REDUCTION OR LIMIT OF OBLIGATION: All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additional Insured(s). Pursuant to the provisions of this Agreement, insurance affected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties. 4.INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. 5.SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6.JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by any one of the following methods: Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured (covered party), or at – minimum named as an “Additional Insured” on the other’s policies. Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured. – 7.CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation. 8.CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent to: - Department/Agency issuing the contract - With a copy to Risk Management Unit (125 – 12 Street, 3 Floor, Oakland, CA 94607) thrd Certificate C-2 Page 1 of 1 Form 2001-1 (Rev. 03/15/06) CITY OF DUBLIN BUDGET CHANGE FORM FISCAL YEAR 2013/2014 CHANGE FORM # _________________ New Appropriations:Budget Transfers: (City Council Approval Required) ____ From Un-Appropriated Reserves ____ From Budgeted Contingent Reserve (Approval Req’d) From New Revenues____ Within Same Department Activity __x _ ____ Between Departments (City Council Approval Req’d) ____ Other: ______________________________________ BUDGET ACCOUNT (DECREASE) AMOUNT BUDGET ACCOUNT (INCREASE) AMOUNT Name: Social Services – General Name: Fund/Dept(Project)/Acct. Description Contract Services: Community Grant Program/General Fund $5,000 Proj Acct # (if CIP): Proj Acct # (if CIP): GL Account #: GL Account #: 1001.5501.64001 Name: Fund/Dept(Project)/Acct. Name: Social Services – General Description Contract Services: Community Grant Program/CDBG $5,000 Proj Acct # (if CIP): Proj Acct # (if CIP): GL Account #: GL Account #: 2903.5501.64001 Name: Name: CDBG Fund Revenue $5,000 Proj Acct # (if CIP): Proj Acct # (if CIP): GL Account #: 2903.5501.64001 GL Account #: 2903.5501.47101 TRANSFERS IN TRANSFERS OUT Name: Fund/Dept(Project)/Acct. Name: Fund/Dept(Project)/Acct. Description Description Proj Acct # (if CIP): Proj Acct # (if CIP): GL Account #: GL Account #: REASON FOR BUDGET CHANGE ENTRY : Increased CDBG revenue allocation received from County of Alameda necessitating change in funding sources for Axis Community Health’s two grant awards to comply with County’s 15% “public services” cap. As Presented at the City Council Meeting on: 08/20/2013 Date: #################(Finance Use Only)################### Posted By: Date: _____ City Council Minutes Excerpt Attached Reviewed By: ____________________________________________