Agenda Item No. 6H February 14, Honorable Mayor and City Council Members Attention: Jeremy Craig, Interim City Manager

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1 TO: FROM: Honorable Mayor and City Council Members Attention: Jeremy Craig, Interim City Manager Emily Cantu, Housing Services Director (Staff Contact: Emily Cantu, (707) ) Agenda Item No. 6H February 14, 2017 SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VACAVILLE AND COMMUNITY ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY (CAP SOLANO, JPA) TO SERVE AS FISCAL AGENT AND PROVIDE PROGRAM ADMINISTRATION FROM JANUARY 1, 2017 THROUGH DECEMBER 31, 2017 DISCUSSION: The Solano Safety Net Consortium was established in 1999 through a joint powers agreement. The Consortium changed its name to the Community Action Partnership of Solano (CAP Solano, JPA) in The JPA s purpose is to create a collaborative group of local governments that work with local agencies to end poverty and homelessness county-wide. The JPA administers annual funding of approximately $700,000 (based on grants received throughout the year) from the State Department of Community Services and Development (DCSD) and Federal Department of Housing and Urban Development (HUD). Members include each of the seven cities and Solano County. The City s Housing Services (HS) Director is the appointed CAP Solano, JPA Board representative and elected Vice-Chair. As a component of its active participation as a member of the JPA, the City has accepted the role of Fiscal Agent and Program Administrator for the JPA since May The JPA has requested that the City accept these roles for the JPA for calendar year This request is based on the City s expertise in administering HUD programs and satisfaction with the City s performance since that time. The JPA continues working to ensure that all members actively participate. Fairfield acted as Board Chair for two years and Suisun City now holds that position, which requires presiding over meetings, overseeing consultants work, and acting as liaison with HUD and DCSD. Solano County is active on the Board and contributes $86,975 annually towards the work of the JPA. The City of Vallejo acts as Board Secretary and all cities also serve on subcommittees as needed. Based on the contributions of other JPA members and that a portion of JPA administered funding will be utilized within or to benefit the City of Vacaville, staff recommends that the City enter into a Memorandum of Understanding (MOU) to accept the role of Fiscal Agent and Program Administrator to the JPA for calendar year 2017 and accept $25,000 to do the work. This would provide a City contribution to the JPA of $30,000 (the value of this work is estimated to be approximately $55,000). If approved, the HS Director would execute the MOU and that Department would conduct the program administration with the support of the Finance Department as Fiscal Agent. FISCAL IMPACT: General Fund Impact. There is no impact to the General Fund. Costs associated with the work conducted under the Memorandum of Understanding will be absorbed through the existing Housing Services and Administrative Services Department budgets; $25,000 of those costs will be offset by the funds from the JPA. RECOMMENDATION: By simple motion, approve the Memorandum of Understanding between the City of Vacaville and CAP Solano, JPA. ATTACHMENTS: Attachment 1: Memorandum of Understanding

2 Attachment 1 MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY ACTION PARTNERSHIP OF SOLANO, JPA AND CITY OF VACAVILLE This MEMORANDUM OF UNDERSTANDING (MOU) is made on February 15, 2017 by and between the City of Vacaville, a municipal corporation ( City ), and the Community Action Partnership of Solano (CAP Solano JPA, an entity formed under the Joint Exercise of Powers Agreement, dated July 1999), a joint powers authority of Solano County ( CAP Solano JPA ). Whereas, CAP Solano JPA receives funding from various federal, state, and local sources to provide programs and resources for those either homeless or in poverty throughout Solano County; and Whereas, CAP Solano JPA does not have its own separate staff and therefore desires program administration and accounting assistance. NOW THEREFORE, the parties hereby agree as follows: 1. PURPOSE The purpose of this MOU is to confirm the program administration services to be provided by the City to CAP Solano JPA. 2. SCOPE OF SERVICE The City shall provide the program administration services described below: A. Establish and maintain a separate financial account for CAP Solano JPA transactions. B. Establish and maintain the general ledger in accordance with the State Controller s guidelines. C. Request and process advance payments for Community Services Block Grant (CSBG) funding when available. D. Submit CSBG fiscal and programmatic reports, and reimbursement requests to the California Department of Community Services and Development. E. Provide program reports/updates to CAP Solano JPA and Tripartite Board on an as-needed basis. F. Process payments to vendors and subrecipients using the form prescribed by the City. All vendor and subrecipient claims or invoices will be reviewed for the following: 1. Accounting classification claims will be reviewed for proper classification in accordance with the Chart of Accounts prescribed by the City. 2. Approval signatures will be matched to the Signing Authorization form on file with the City. This form shall be updated annually or more frequently if there is a change in City staff. Page 1

3 G. Process deposits using the form prescribed by the City. H. Process inter-fund transactions and adjustments (journal entries) using the form prescribed by the City. I. Enter budgetary data and provide budgetary control through the financial system. Expenditures shall be controlled at the object level. If the budget requires adjustment, an approved appropriation transfer form shall be submitted to the City. J. Generate IRS form 1099 Miscellaneous Income. 3. TIME OF PERFORMANCE The effective date of this Memorandum shall be January 1, 2017 and ending December 31, CHANGES AND AMENDMENTS Either the City or CAP Solano JPA may request changes in the scope of services. Any mutually agreed upon changes shall be effective when incorporated in written amendments to this MOU signed by both parties. 5. BILLING The fee for the services described in Item 2 is $25,000. The fee will be paid in a monthly amount of $2,083 on the first day of each month beginning January 1, 2017 through November 1, 2017 and a final payment amount of $2,087 on December 1, 2017 and funds will be transferred from CAP Solano JPA s account via a journal entry. CAP Solano JPA will be provided with evidence of the journal entry as part of the semi-annual financial reports described in Section 2J. 6. TERMINATION OF THE MEMORANDUM A. This MOU may be terminated by either party, at any time, with good cause, upon 30 days written notice one to the other. B. If either party defaults in its performance, the non-defaulting party shall promptly notify the other in writing pursuant to the dispute resolution procedures set forth in Section 7, below. If the defaulting party fails to cure a default within 30 days after notification or if the default requires more than 30 days to cure and the defaulting party fails to commence to cure the default within 30 days after notification, then that failure shall immediately terminate this MOU upon written confirmation of termination by non-defaulting party. Page 2

4 7. DISPUTE RESOLUTION If the parties fail to mutually agree on any matters under this MOU or if either party believes the other has failed to satisfactorily perform or is otherwise in breach of this MOU the parties shall submit the matter to resolution in accordance with the following procedures: A. If there is a disagreement, dispute or alleged breach arising out of or in connection with this MOU, the disputing party shall first provide a written statement to the other describing the general nature of the claim. B. The statement must indicate that it is the first statement of a formal dispute resolution process. C. The statement need not be complete and does not limit the claim(s) of either party in any further action or procedure. D. Within ten (10) business days of the receipt of the statement, the respective parties shall meet and confer in good faith to either: (1) Resolve the matter and set forth such resolution in writing; or, (2) Define the dispute in writing including a description of each party's position, proposed resolution(s) and projects or tasks that would be affected. E. If the respective parties fail to resolve the matter, within ten (10) business days of such failure to agree, at least one (1) representative from each party shall meet and confer in good faith to attempt to further resolve the matter. F. If the representatives from each party fail to resolve the matter after meeting and conferring in good faith as described in section E above, this MOU shall immediately terminate upon written notice from either party. G. If the matter is resolved at any time during the dispute resolution, the resolution of the matter shall be memorialized in writing and incorporated into this MOU. 8. CONFORMANCE If any provision of this agreement violates any statute or law of the State of California, it is considered modified to conform to that statute or law. 9. INDEMNIFICATION A. CAP Solano JPA agrees to indemnify and hold harmless the City and its officials, employees, agents and elective and appointive boards, councils, and commissions from and against any liability, claims, damages, penalties and costs (including but not limited to attorney's fees and other litigation costs and fees) arising out of negligent or intentional acts or omissions of CAP Solano JPA, its employees or agents. Page 3

5 B. The City agrees to indemnify and hold harmless CAP Solano JPA, its employees, agents and elective and appointive boards from and against any liability, claims, damages, penalties and costs (including but not limited to attorney's fees and other litigation costs and fees) arising out of negligent or intentional acts or omissions of CITY, its employees or agents. 10. ENTIRE AGREEMENT This MOU constitutes the entire agreement between CAP Solano JPA and the City. There are no terms, conditions or obligations made or entered into by the parties other than those contained in it. 11. EXECUTION The undersigned hereby warrants that s/he has the requisite Authority to enter into this MOU on behalf of the parties and thereby bind the parties to the terms and conditions of the same. Community Action Partnership of Solano, JPA a Joint Powers Authority City of Vacaville, a municipal corporation By Kathy Lawton, Chair By Emily Cantu, Housing Services Director Page 4

The City will maintain full responsibility for our dental program and will not be subject to additional fees through CSAC-EIA.

The City will maintain full responsibility for our dental program and will not be subject to additional fees through CSAC-EIA. Agenda Item No. 6A July 27, 2010 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager Dawn M. Villarreal, Director of Human Resources RESOLUTION APPROVING EXECUTION