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HomeMy WebLinkAboutReso 66-09 Alameda Cty CDBG FundsRESOLUTION NO. 66 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA TO RECEIVE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2009 -2010 AND APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT- FUNDED AGREEMENTS WITH AXIS COMMUNITY HEALTH; BAY AREA COMMUNITY SERVICES; COMMUNITY RESOURCES FOR INDEPENDENT LIVING (CRIL); KIDANGO, INC.; OPEN HEART KITCHEN; SENIOR SUPPORT OF THE TRI- VALLEY; SPECTRUM COMMUNITY SERVICES, INC.; AND TRI- VALLEY HAVEN FOR THE SAME FISCAL YEAR AND AUTHORIZING THE CITY MANAGER TO SIGN THE ABOVE AGREEMENTS. 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; 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 Staff Report recommending adoption of an agreement between the City of Dublin and the County of Alameda for allocation and usage of $81,509 in Community Development Block Grant funds for Fiscal Year 2009 -2010; and WHEREAS, to utilize CDBG funds allocated to the City of Dublin for Fiscal Year 2009 -2010, Staff sent out Request for Proposals to solicit interest from agencies in providing services within the City; and WHEREAS, from the proposals received, the above listed agencies were evaluated to best serve the needs of the community; and WHEREAS, on January 20, 2009, the City Council approved funding for the following programs for utilization of the City's Fiscal Year 2009 -2010 CDBG funds: Axis Community Health for free medical visits for uninsured women; Bay Area Community Services for the Valley Creative Living Center; Community Resources for Independent Living for Housing Services; Kidango, Inc. for the purchase of a play structure; Open Heart Kitchen Weekend Box Lunch and Hot Meals Programs; Senior Support of the Tri Valley Case Management for Low Income Seniors, Spectrum Community Services for the Meals on Wheels Program; Tri- Valley Haven's Domestic Violence and Homeless Shelter; Alameda County Minor and Major Home Repair Program; Program Administration and the annual contribution for participation in a regional effort for the acquisition and rehabilitation of the Sojourner House Homeless Shelter (collectively "the Programs "); and WHEREAS, the City has prepared Agreements for each of the Programs involving agencies other than the County of Alameda or City- administered programs ( "the Agreements "); and Reso No. 66 -09, Adopted 6 -2 -09, Item 4.2 Page 1 of 2 WHEREAS, on June 2, 2009, the City Council received a Staff Report recommending that the City now execute Agreements with the above listed agencies for utilization of Dublin's allocated CDBG funds. The Agreements are included as attachments to the Staff Report and are hereby incorporated by reference. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes the following actions: 1) Approves an Agreement by and Between the City of Dublin and the County of Alameda for allocation of CDBG funds. 2) Approves the Agreements with various agencies for use of the City of Dublin's CDBG funds for 2009 -2010. 3) Authorizes the City Manager to execute the above listed Agreements. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2009, by the following vote: AYES: NOES: ABSENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti None None ABSTAIN: None ATTEST: City Clerk Reso No. 66 -09, Adopted 6 -2 -09, Item 4.2 Page 2 of 2 Mayor AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA THIS AGREEMENT is made and entered into this 1 st day of July, 2009, 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 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 REQUIREMENTS A. The term of this Agreement begins on the 1st day of July, 2009 and ends on the 30th day of June, 2010, 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. F. As apart 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 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 Community Development Agency 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 -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. The quarterly written reports shall be submitted in the format approved and provided 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 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 -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 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 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. Suspension or termination by HUD of the grant to the County under which Agreement is made, or the portion thereof delegated by this Agreement. Approved as to form: ity Attorney Date: Approved as to form: Richard E. Winnie County Counsel By: Andrea Weddle Deputy County Counsel Date: C= OF DUBLIN By: �L� ity ManagZ Attest: ` "71- City Clerk Date: 5'v� 3, 000 V COUNTY OF ALAMEDA By. President, Board of Supervisors 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 03E Neighborhood Facilities Installation of outdoor play equipment $5,068 05A Public Service - Senior Services Provide an average of 15 -23 hot nutritious meals daily to homes of low - income, frail homebound elderly, residents. $5,407 Case Management services will be provided to seniors living in their own homes independently. $8,588 05 Public Service Distribute box lunches to 61 low income children and their families at Arroyo Vista. . $9,614 Provide housing information and referrals to 50 low income seniors $3,588 Provide medical services to low income women $3,588 05G Public Service - Battered and Abused Spouses Domestic violence shelter, homeless services, counseling and educational presentations. $14,366 050 Public Service — Mental Health Services Community based day program serving adults with psychiatric disabilities. $4,857 14A Rehabilitation — Single Unit Residential Minor Home Repair and Owner Rehabilitation Programs. $14,406 14B Rehabilitation — Multi Unit Residential Section 108 payment of loan for acquisition/rehabilitation. Loan taken out by City of Livermore. $5,427 21A Administration Provide overall CDBG program administration. $6,600 TOTAL — CITY OF DUBLIN $81,509 Anticipated Program Income* $p *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: Certificate C -2 Page 1 of 1 Form 2001 -1 (Rev. 03 /15/06) y • � _ �.: ' ,.. � ° -. ; MU to ITR - 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: 9. 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. 10. 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. 11. 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 effected or procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties. 12. 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. 13. 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. 14. 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. 15. CANCELLATION OF INSURANCE: All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation. 16. 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 cer6ficate(s) and endorsements must be sent to: - Department/Agency issuing the contract - With a copy to Risk Management Unit 125 —12th Street, 3rd Floor, Oakland, CA 94607 Certificate C -2 Page 1 of 1 Form 2001 -1 (Rev. 03 /15/06)