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HomeMy WebLinkAboutItem 4.08 CDBG Program Agreement With Ala Co 4700,40 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 14 , 1990 SUBJECT Agreement between the City of Dublin and the County of Alameda with regard to Community Development Block Grant programs for fiscal year 1990-1991 EXHIBITS ATTACHED 1 - Letter from Berty F. Gary, Alameda County Housing and Community Development program specialist 2 - City-County Agreement 3 - Draft Resolution re: City-County Agreement RECOMMENDATION Adopt Resolution authorizing the Mayor to execute four originals of the agreement. FINANCIAL STATEMENT (See discussion below. ) DESCRIPTION Since 1982 , the City of Dublin has participated in the Alameda County Urban County Housing and Community Development Block Grant (CDBG) Program. In October, 1987, the City entered into a City-County Cooperation Agreement for CDBG Program Years 1988 , 1989 and 1990 . A similar agreement will be required by the U.S. Department of Housing and Urban Development (HUD) next year for the years 1991 , 1992 and 1993 . HUD is now requiring that an additional agreement be entered into annually between all cities and their respective county that participate in Urban County Housing and Community Development Block Grant programs . The City Attorney has reviewed and approved the agreement as to form. The agreement would address the following: 1 . Statement of work; ------------------------------------------------------------------ Item No.� Copies To: Agenda File [DHC:CTYCNTY] Planning File Alameda County HCD 2 . Commencement and completion requirements; 3 . Subcontracts; 4. Budget; 5. Records and reports; 6. Program monitoring and evaluation; 7 . Program income; 8. Uniform administration requirements; 9. Religious activity prohibition; 10 . Reversion of assets; 11 . Other program requirements; and 12 . Termination of agreement. The total amount of the authorized budget of this agreement would be $41 ,887 as shown on Exhibit 2 and reflects FY 1990-91 program requests by the City of Dublin which are as follows: 1 . Arroyo Vista soundwall payback $14, 200 2 . Dublin Senior Center kitchen renovation and floor replacement $19,900 3 . Minor home repair program $7 ,787 TOTAL $41,887 Staff recommends that the City Council adopt the resolution entering into an agreement with the County of Alameda with regard to CDBG programs for FY 1990-91. [rt- cnty] HCD �o ALAMEDA COUNTY PLANNING DEPARTMENT Housing & Community Development Program April 20, 1990 Dear TAC Me er: I am enclosing four(4) originals of City Agreement for approval by your City Council. All four originals must be signed and returned to HCD. Once these agreements are approved by the Alameda County Board of Supervisors, one of the executed agreements will be returned to you. The agreements will be submitted to HUD with our 199U-91 Statement, so it is important that they be approved as soon as possible. Return all four executed agreements to me. Thanks. Berty F. Gary HCD Program Specialist BG:0876D Enclosures R E C E I V APR 24 1990 DUBLIN PLANNING _ I 224 W.WINTON AVENUE•ROOM 169• HAYWARD,CA 94544.415/670-5404 AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA THIS AGREEMENT is made and entered into as of this Day of 1990, by and between the County Of Alameda, a municipal corporation, (hereinafter called "COUNTY"), and the City of Dublin, located in the County of Alameda, State of California, (hereinafter called "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 Development 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 HEREI14AFTER 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, 1990 and ends on the 30th day of June, 1991, 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 beyong 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. "LAIFIIIBIT 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. III. SUBCONTRACTS A. Any subcontract funded 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 & 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 requires 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 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 the Agreement or CITY's repayment of funds previously awarded under this Agreement. VL. 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 include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. Service area (i.e. city-wide, 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 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-makers 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 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 REQUIREMENTS CITY certifies that it will carry out each activity in compliance with all Federal laws and regulations described in 24 CFR Part 570, Subpart K (570.600-570.612) as relates to a) Nondiscrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, e) National Flood Insurance Program, f) Relocation & Acquisition, g) Employment & Contracting Opportunities, h) Lead-based Paint, i) Use of Debarred, Suspended or Ineligible Contractors or Subrecipients, j) Uniform Administrative Requirements & Cost Principles, k) Conflict of Interest and 1) Displacement. XII. TERMINATION OF 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: Approved as to form: KELVIN H. BOOTY, County Counsel By: City Attorney CITY OF DUBLIN COUNTY OF ALAMEDA By: By: Mayor Chairman, Board of Supervisors ATTEST: ATTEST: City Clerk Clerk of the Board Date: Date: BG:0876D AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA EXHIBIT A PUBLIC FACILITIES AND IMPROVEMENTS - 570.201(c) 1. Complete construction of a soundwall along Dougherty Road $ 14,200 in the City of Dublin to shield 150 senior residential units in a housing authority project from traffic noises. 2. Improvements and modifications to senior center $ 19,900 in the City of Dublin. REHABILITATION - Privately Owned Residential - 570.202(a)(1) 3. Provide minor home repair to promote maintenance $ 7,787 of homes in the City of Dublin. ADMINISTRATION 4. Provide overall CDBG program administration. $ 0 GRAND TOTAL $ 41,887 I V ti. RESOLUTION NO. - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ----------------------------------------------------------------- AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA WITH REGARD TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FOR FISCAL YEAR 1990-1991 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 U.S. Department of Housing and Urban Development has made a determination that Alameda County may operate as an Urban County; and WHEREAS, the Urban County HCD Program undertakes community renewal and lower income housing assistance primarily for the benefit of low to moderate income households; and WHEREAS, the U.S. 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 14 , 1990 the City Council received a Staff Report recommending adoption of an agreement between the City of Dublin and the County of Alameda with regard to Community Development Block Grant Programs for fiscal year 1990-1991. 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 with regard to CDBG programs for fiscal year 1990- 1991. DEM. 3 Section 2: That the Mayor of the City of Dublin is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 14th day of May, 1990 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk [HCDAGRMT]