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HomeMy WebLinkAboutItem 4.02 CDBG City-CntyAgmt e e CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 22, 1995 SUBJECT: Agreement between the County of Alameda and the City of Dublin regarding the Community Development Block Grant Program for Fiscal Year 1995-1996 REPORT PREPARED BY: Tasha Huston, Associate Planner P EXHIBITS ATTACHED: Draft Resolution regarding City-County Agreement City-County Agreement Letter from Donna Eofl: Alameda County Housing and Community Development Specialist Adopt resolution entering into an agreement with the County of Alameda for the Community Development Block Grant Program Year 1994-1995 and authorizing the Mayor to execute four originals of the agreement. A. B. C. RECOMMENDATION:'~ tr FINANCIAL STATEMENT: See discussion below. DESCRIPTION On February 27, 1995, the City Council directed staff to apply to the Alameda County Housing and Community Development Department (Alameda County) for $99,552.00 in Community Development Block Grant (CDBG) funding for fiscal year 1995-1996. The County approved the following projects and respective funding allocations: 1. $ 19,292.00 - Housing Rehabilitation 2. $ 25,858.00 - Heritage Center Renovation 3. $ 27,802.00 - Handicap Ramps for Sidewalks 4. $ 10,000.00 - Tri-Valley Haven for Women, Inc. 5. $ 10,000.00 - Kaleidoscope Activity Center 6. $ 6,600.00 - General Administration In accordance with the Alameda County CDBG administrative procedures and the United States Department of Housing and Community Development regulations, the City of Dublin as an Urban County City must enter into an annual agreement with Alameda County for complying with the CDBG program. The agreement outlines CDBG activities and responsibilities for both Alameda County and City of Dublin. The City Council must execute four original agreements by May 26, 1995 for submission to the County Board of Supervisors. Staff recommends that the City Council adopt the resolution entering into an agreement with Alameda County regarding the CDBG Program Year 1995-1996 and authorizing the Mayor to execute four originals of the agreement. ------------------------------------------------------------------------------------------------ ITEM NO. COPIES TO: Associate Planner Agenda File County HCD File CITY CLERK FILE' 1610.1 oH41 01 4.2 e e RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------------------------------------------------------------------------ AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1995-1996 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 previously separated grant programs for open space, public facilities loans, water and sewer grants, urban renewal, model cities and rehabilitation loans; 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 Urban County Housing and Community Development Program undertakes community renewal and lower income housing assistance primarily for the benefit of very low to moderate income households; and WHEREAS, the United States Department of Housing and Urban Development requires an annual agreement between cities and their respective county as to the responsibilities of both parties regarding Community Development Block Grant programs; and WHEREAS, on May 22, 1995, the City Council received a Staff Report recommending adoption of an agreement between the City of Dublin and the County of Alameda regarding the Community Development Block Grant Program for fiscal year 1995-1996. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, a Municipal Corporation, takes the following actions: Section 1: That the City of Dublin agrees to enter into an agreement with the County of Alameda regarding the CDBG Program for fiscal year 1995-1996. Section 2: That the Mayor of the City of Dublin is authorized to execute four originals of the agreement. PASSED, APPROVED, AND ADOPTED this 22nd day of May, 1995. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk c:\planning\tasha\housing\CDRES095.doc EXHmIT A eAGREEMENT BY AND BETWEEN. THE CITY OF DUBLIN . AND THE COUNTY OF ALAMEDA THIS AGREEMENT is made and entered into this _ day of , 1995, by and between the County of Alameda, a municipal corporation, (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 (BUD), 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 CONSIDERA TION OF THE PROMISES HEREINAFTER MADE, COUNTY AND CITY DO MUTUALLY AGREE AS FOLLOWS: 1. ST A TEMENT OF WORK 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. II. COMMENCEMENT AND COMPLETION REOUIREMENTS A. The term of this Agreement begins on the 1st day of July, 1995 and ends on the 30th day of June, 1996, or when all contract terms have been completed. 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 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. 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. EXHIBIT B III. SUBCONTRAC_ e 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-lIO 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 County. Any budget modifications require the prior written approval of 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 Planning Director. Any of the cost categories shown in the Agreement Budget may be exceeded by ten percent of the indicated figure, provided that the total approved amount of allowable costs is not exceeded. 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-lIO. 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 quanerly written reports to County. ' 1. Th.arterly written reports shall include, _shall not be limited to the following data elements: a. Title of program, listing of components, description of acti vi ties! operations. b. Service area (i.e., citywide, etc., including applicable census tracts). c. Goals - the projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. d. Beneficiaries - provide the following: i) total number of direct beneficiaries. ii) Percent of total number of direct beneficiaries who are: Low and moderate income Low income Black, not Hispanic origin White, not Hispanic origin Hispanic American Indian! Alaskan Native Asian or Pacific Islander Female Headed Households e. Other data as required by 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 overall project monitoring 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-I 10. B. Program income received by City shall be returned to County for future application to City projects. " C. Program i&e from urban county program activ. undertaken by or within City which thereafter terminates its participation ~ 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 REOUIREMENTS City shall comply with Uniform Administrative Requirements as described in Federal Regulations, Section 570.502 as applicable to governmental entities. 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 five 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 REOUIREMENTS 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, t) 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 1) Displacement. 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 of reporting of funds provided under this Agreement; and D. Suspensio4tr termination by HUD of the grant.the County under which Agreement is made, or the portion thereof delegate y this Agreement. XIII. RECISIONS TO FY 95 CDBG FUNDING City acknowledges by signing this agreement that should there be recisions or changes to the 1995/1996 CDBG allocation by BUD, City allocations will be affected and adjusted accordingly by Alameda County with the City submitting revised project budget(s) as necessary. In cases where the City has sought and received funds in advance against the 1995/1996 CDBG allocation, City agrees to pay back such funds to Alameda County either from retained CDBG program income or its general funds as soon as it is known that the 1995/1996 CDBG allocation is cancelled or adjusted adversel y. Approved as to form: Approved as to form: By: City Attorney By: County Counsel * '" * * * * * * * * * * * CITY OF DUBLIN COUNTY OF ALAMEDA By: Mayor By: Planning Director Attest: City Clerk Date: Date: tit AGREEMENT BY AND BETWEE.t'l. THE CITY OF DUBLIN . AND THE COUNTY OF ALAMEDA EXHIBIT A ACQUISITION - 570.201 Provide Kaleidescope, a facility for physically challenged developmentally S 10,000 delayed youth, with the resoures for a permanent home (a learning environment area and equipoment that is size appropriate and approximates the typical home environment for independent living skills training). PUBLIC FACILITIES AND IMPROVEMENTS - 570.201 (c) I I Construct a community service building that will house the Valley Rape I S 10,000 Crisis Center and all of Tri-Valley Haven's domestic violence services for persons not living in the shelters. REMOV AL OF ARCHITECTURAL BARRIERS - 570.201(k) Comply with ADA and make public facilities accessible to handicapped S 27,802 persons. Preserve the City's historic resources and improve handicap accessibility to S 25,858 Heritage Center. REHABILITATION - Private Owned Residential - 570.201(a)(l) Minor Home Repair Program which promotes the maintenance of homes. S 19,292 ADMINISTRA TION - 570.206 Provide overall CDBG program administration. S 6,600 TOTAL - CITY OF DUBLIN S 99,552 A e e RECEIVED MAR 2 2 1995. ALAMEDA COUN1Y PLANNING DEPARTMENT Housing & Community Development Program "II 'BUN PlANNINr March 21, 1995 Carol Cirelli, Senior Planner City of Dublin Planning Department 100 Civic Plaza P.O. Box 2340 Dublin, California 94568 Dear Ms. Cirelli, Enclosed for execution by your City Council are four (4) original 199511996 Community Development Block Grant (CDBG) City-County Agreements. After execution by the City and County, one original will be retained by HCD, one original will be forwarded to the Alameda County Board of Supervisors, one original will be forwarded to HUD, and the fourth original will be returned to the City. If you require more than one original, please make additional copies as necessary. Upon receipt, I will ensure that all originals in excess of the above will be returned to the City. In order for me to meet the deadline for submission to HUD, I will need the contracts returned to me by May 26, 1995. Thank you for your prompt attention to this matter. If you have any questions regarding the contracts or the deadline for submission, please call me at 670-5948. Sincerely, ~ ,C' ~ ,:\"'-(\,-,CL'"(.,~' \~ --------" , ',: '-' Donna Eoff HCD Specialist DE:de Enclosure cc: Tasha Huston - w/out enclosures ;, EXHIBIT C 224 W. WINTON AVENUE. ROOM 108 . HAYWARD, CA 94544 . 510/670-5404 . FAX 510/670-6378