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HomeMy WebLinkAboutItem 4.07 CDBGDub&AlaCnty (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 24, 1993 Agreement between the City of Dublin and the County of Alameda with regard to Community Development Block Grant programs for fiscal year 1993-1994 REPORT PREPARED BY: ~ Dennis Carrington, senior Planner SUBJECT: EXHIBITS ATTACHED: A: Letter from Donna Eoff, Alameda County Housing and community Development Technician B: /' City-County Agreement C: Draft Resolution re: City-County Agreement RECOMMENDATION: ~ ~ Adopt Resolution entering into an agreement with the County and authorizing the Mayor to execute six 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. On August 13, 1990, the city entered into a City-County Cooperation Agreement for CDBG Program Years 1991, 1992 and 1993. On May 11, 1992, the City entered into an annual City-County agreement with the County with regard to the CDBG programs for Fiscal Year 1992-1993. It is now time to enter into another annual City-County agreement as required by HUD. The City Attorney has reviewed and approved the agreement as to form. The agreement would address the following: 1. Statement of work; 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 for fiscal year 1993-1994 would be $56,049 and reflects program requests by the City of Dublin which are as follows: 1. 2. 3 . Dublin Swim Center improvements Rehabilitation Administration (swim Center Improvements) $38,629 $10,820 $ 6,600 $56,049 An advance of $7,891 from future program years has been approved by HCD and will be reflected in the budgets of those years. The advance plus the program year 1992-1993 funding for the bath house renovation of $39,830 plus the 1993-1994 budget total is $103,770 as shown below: ---------;I--~------------------------------------------------ ITEM NO.~ COPIES TO: Senior Planner Agenl ~:'c I. T: .. C ~ E. ~ Kn I 1. Advance of CDBG funding for Dublin Swim Center Improvements from future years Dublin Swim Center improvements FY 92-93 Dublin Swim Center improvements FY 93-94 Housing Rehabilitation Administration related to Dublin Swim Center Improvements $ 7,891 $ 39,830 $ 38,629 $ 10,820 2 . 3. 4. 5. $ 6,600 TOTAL $103,770 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 1993-1994 and authorizing the Mayor to execute six originals of the agreement. ~ ALAMEDA COUN1Y PLANNING DEPARTMENT Housing & Community Development Program April 27, 1993 REC~'VED' APR 28 7993 It ~4~" ~J~Cl APR 2 ::,1993 t)U~\.\N p\.ANN\~G Dennis Carrington City of Dublin Post Office Box 2340 Dublin, California 94568 Dear Mr. Carrington: . 'tiv\e.t.ltJ Enc1os~ for execution by your City Council are six (6) original agreements between the City of ~ and the County of Alameda for Community Development Block Grant funds, fiscal year 93/94. Upon execution by your City Council, please return all six originals to me for submission to the County Board of Supervisors for approval. Upon completion, I will return one (or more if requested) original agreement(s) to you for your records. Thank you for your attention to this matter. Please return the agreements to me no later than May 20, 1993 indicating the number you will require returned. If you have any questions, please contact me at 670-5948. Sincerely, 3)~ Donna Eoff HCD Technician DE:de Enclosure (A:\CITY AGREE.DME) " HI ij~ ^ .111..-- 224 W. WINTON AVENUE. ROOM 108 . HAYWARD, CA 94544 . 510/670-5404 · FAX 510/670-6378 AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA THIS AGREEMENT is made and entered into this _ day of , 1993, 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 (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: 1. 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 REOUIREMENTS A. The term of this Agreement begins on the 1st day of July, 1993 and ends on the 30th day of June, 1994, 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. (A:\CITYAGREE.DME) WilT -6_ 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 [mal costs, City shall submit to the County a certificate of completion for construction projects and a requisition for [mal payment for service projects, unless otherwise provided in this Agreement. ill. 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-I22 (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. N. 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. (A:\CITY AGREE.DME) 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 tot his Agreement, including subcontracts and expenditures, and all other financial and property records in conformance with OMB circular A-llO. 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 include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of acti vitiesl 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. (A:\CITY AGREE.DME) 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-llO. B. Program income received by City shall be returned to County for future application to City projects. (A:\CITY AGREE.DME) 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. Vill. UNIFORM ADMINISTRA TNE 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 on e 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 REOUIRE1'rENTS 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. (A:\CITY AGREE.Dt-1E) 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: Approved as to form: By: City Attorney By: Kelvin H. Booty, County Counsel * * * * * * * * * * * * * CITY OF DUBLIN COUNTY OF ALAMEDA By: Mayor By: President, Board of Supervisors Attest: City Clerk Attest: Clerk, Board of Supervisors Date: Date: (A:\CITY AGREE.DME) AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA EXHIBIT A REMOVAL OF ARCHITECTURAL BARRIERS - 570.201(k) Improve swim center bath house to bring it into conformity with the Americans with Disabilities Act. $38,629 REHABILITATION - Private Owned Residential - 570.201(a)(1) Provide home repair services to promote maintenance of homes in the City of Dublin. $10,820 . ADMINISTRATION Provide overall CDBG program administration. $ 6,600 (A:\CITY AGREE.D~IE) RESOLUTION NO. - 93 A RESOLUTION 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 1993-1994 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 very 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 24, 1993, 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 1993-1994. 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 1993-1994. Section 2: That the Mayor of the City of Dublin is authorized to execute six originals of the agreement. PASSED, APPROVED AND ADOPTED this 24th day of May, 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk /HCDAGMT2