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HomeMy WebLinkAboutNorth County Solutions for Change; 2014-07-16;AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY SOLUTIONS FOR CHANGEFOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT ("Agreement") made and entered into as of this day of d^Oly 20/4 by and between the CITY OF CARLSBAD ("City") and NORTH COUNTY SOLUTIONS FOR CHANGE, a non-profit corporation ("Subrecipient"). RECITALS WHEREAS, the City has applied for and received funds from the United States Govemment under Title I ofthe Housing and Community Development Act of 1974, Public Law 93-383 as amended to fund eligible activities which benefit persons of low and moderate income under Catalog of Federal Domestic Assistance number 14.218; and, WHEREAS, the City wishes to provide assistance to non-profit public service providers who offer services for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for lower income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by the North County Solutions for Changeare exempt from environmental review under 24 CFR Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City's Annual Consolidated Plan for Community Development Block Grant funds (hereinafter referred to as the "Annual Consolidated Plan"). NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal community development block grant ("CDBG") ftinds, in the amount of five thousand dollars ($5,000) to the Subrecipient for provision of services through their offices located at 722 Califomia Avenue, Vista CA 92083 for the period beginning July 1, 2014 and ending June 30, 2015. The Subrecipient agrees to use all federal funds provided by the City to the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached hereto as Exhibit "A", and in accordance with the terms of the Annual Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by 1 CA 8/13/2012 June 30, 2015. If the Subrecipient will be unable to expend all of the fimds allocated to the project by the noted date, the Subrecipient shall request an extension from the City for continued use of the funds on the approved project based on progress made by the Subrecipient towards completing the subject project. The City may agree to grant the extension or notify the Subrecipient that, in its sole discretion, the funds must be reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $5,000. However, no more than 90 percent ofthe total agreed upon compensation will be paid during the performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certification by the City that Subrecipient has administered the services and activities in compliance with all applicable Federal, state, and local mles and regulations goveming these fimds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance with budget information provided in Exhibit "B" and in accordance with performance. Subrecipient represents that the budget includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds pursuant to 24 CFR Section 570.502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursements anytime after this Agreement is approved by the City Council and continue until the expiration date, or amended expiration date, of this Agreement. Each request for reimbursement shall include documentation to verify expenditure of funds are consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with all applicable Federal, state, and local mles and regulations goveming these funds. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, eamed as a direct result ofthe use of federal CDBG fimds for the program outlined within this Agreement. All reported program income may be retained by the Subrecipient for costs related to the subject program activities. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. The requirements are set forth in 24 CFR Section 570.504 which is incorporated herein by reference. 2 CA 8/13/2012 4. LABOR. MATERIALS AND SUPPLIES: The Subrecipient shall fiimish all labor, materials and services and bear all expenses necessary to provide the subject program as outlined in this agreement. Under this Agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maximum as allocated by the City Council for program year 2014-2015. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Section 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with 24 CFR Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in 24 CFR Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; Documentation of all CDBG funds received from the City, eligible expenses incurred for administration of each activity, and other financial records as required by 24 CFR Section 570.502, and OMB (the United States Office of Management and Budget) Circular A-110; and, h. Any other related records as the City shall require to demonstrate compliance with applicable Federal, state, and local rales and regulations goveming these funds. The Subrecipient shall submit quarteriy "Progress Reports" within fifteen (15) calendar days of the end of each quarter for the full term of this Agreement. The final progress report is due no later than July 15, 2015. The report must include sufficient information to assist the City in monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. Total number of persons/households participating in the program during reported period; b. Total number of participants from Carlsbad; c. Number of low/moderate income Carlsbad persons/households participating in the CA 8/13/2012 program during the reporting period; d. Age and ethnic background of Carlsbad participants; and, e. Summary of program(s) provided to Carlsbad participants. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include at the minimum client name, address, ethnicity, income level or other basis for determining eligibility, and a description of the service provided. This data shall assist the Subrecipient in completing the required quarterly progress reports to be submitted to the City. The Subrecipient shall maintain separate accounting records for the federal CDBG funds provided by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or any of their duly-authorized representatives shall have access to all books, documents, papers and records maintained by the Subrecipient which directly pertain to the above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. All records subject to litigation, claims, audit findings, negotiations, or other actions must be retained for five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and verified by official written notice to the Subrecipient, whichever occurs later. . If the Subrecipient shall receive more than $300,000 in total federal funds in one fiscal year from the City of Carisbad and/or any other city or agency, the Subrecipient is required to submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the term of this Agreement and is due not later than one year after expiration ofthe agreement. The Subrecipient shall also be required to submit a second audit for the following period covered under the fiscal year beginning July 1, 2015 and ending June 30, 2016 for any funds received in fiscal year 2015-2016 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations conceming Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement on file at the Housing and Redevelopment Department and with assurances and agreements made, by the City to the United States Department of Housing and Urban Development of which the Subrecipient is given notice. The Subrecipient shall comply with applicable Uniform Administrative Requirements as 4 CA 8/13/2012 described in 24 CFR Section 570.502, the federal regulations for the CDBG Program; the federal requirements are set forth, and incorporated by reference herein, as a provision of this Agreement. The Subrecipient shall carry out all activities in compliance with all Federal laws and regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described in 24 CFR Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 CFR Section 52. The provisions of Subpart K, of the CDBG Program Regulations, incorporated herein by reference, are a condition of this Agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG funds by religious organizations, if applicable to this Agreement and the approved project outlined herein. 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the U.S. Department of HUD. If the Subrecipient desires a change in the use of the CDBG funds following approval of this Agreement, a written request must be submitted to the City for review by the City Council. No change in use of the CDBG funds will be permitted without prior written approval of the City Council. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the equal opportunity employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with 24 CFR Sections 85.43 and 85.44, this Agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award. 24 CFR Sections 85.43 and 85.44 are incorporated herein by reference, as provisions of this Agreement. 10. REVERSION OF ASSETS Upon expiration of the Agreement, the Subrecipient shall ttansfer to the City any CDBG fiinds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG 5 CA 8/13/2012 funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federal regulations until five (5) years after expiration of the Agreement; or, b) Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, or real or personal property of any person whatsoever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives arising directly or indirectly out of performance of the project outlined in this Agreement. Subrecipient agrees to defend, indemnify, and hold free and harmless the City, its officers, employees and agents against any of the foregoing liabilities or claims of any kind and any cost or expenses incurred by the City including attomeys' fees, on account of any of the foregoing liabilities, including liabilities or claims arising out of alleged defects in any plans or specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this Agreement or any monies due thereunder without the prior written consent of the City Council. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each ofthe parties hereto, and each of their respective heirs, executors, administtators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other 6 CA 8/13/2012 funds, the Subrecipient shall obtain and maintain policies of Commercial General Liability insurance and a combined policy of worker's compensation and employers liability insurance in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attomey or the City Manager. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of Califomia. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vn" or have a surplus line insurer which is on the State of Califomia's List of Eligible Surplus Line Insurers with a current Best's Key Rating of not less than "A:X". This insurance shall be in force during the term of this Agreement and shall not be canceled or materially changed without ten (10) days prior written notice to the City sent by certified mail. /// /// /// /// /// /// /// /// /// /// CA 8/13/2012 The City shall be named as an additional insured on these policies. The Subrecipient shall fumish certificates of insurance and required endorsements to the Housing and Neighborhood Services Director before commencement of work. SUBRECIPIENT: NORTH COUNTY SOLUTIONS FOR CHANGE V gy. i >a» •^..^-'V^ print nambAitle Dated: By:_ print sign here print name/title Dated: CITY OF CARLSBAD: By: -"VV. MATT HALL, Mayor Dated: -Ip^PtH- ATTEST: lA£>toLESON, City Clei (Proper notarial acknowledgment of execution by Subrecipient must be attached.) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: Celia A. Brewer, City Attomey aldi, Assistant City Attomey y^ •/'/ CA 8/13/2012 EXHIBIT "A" CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 2014 to June 30, 2015 Subrecipient Name: North County Solutions for Change Address: 722 Califomia Avenue, Vista CA 92083 Project Description: Employment Related Training Project Goals & Objectives: 1. CDBG funds will be used to fund the following activities in compliance with the project description outlined and in conformance with the Federal regulations for the CDBG program: {Please specify if CDBG funds will be used to fund costs associated with staffing rents, utilities, supplies, etc.) Funds will be used to offset costs to operate the program. 2. Project objectives to be accomplished during the conttact period: (Please describe the specific services or activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded If applicable, please provide a target objective for the number of persons/households to benefit from the Subrecipient's services/project.) Employment training will be provided to participants in the Solutions for Change homeless prevention program. 3. Project objectives performance measures: a. Provide quarteriy performance reports to the City of Carlsbad, Housing and Redevelopment Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program's success in meeting established goals, to the City of Carlsbad Housing and Redevelopment Department within 15 days of termination of the contract date on the CDBG Annual Performance Report form as provided. d. Provide notification to the City of any audits or investigations including results, findings, and/or liens. CA 8/13/2012 EXHIBIT "B" CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 2014 to June 30, 2015 Subrecipient Name: North County Solutions for Change Address: 722 Califomia Avenue, Vista CA 92083 Project Description: Employment Related Training Cost Breakdown: All funds will be used to offset costs to operate the program. CA 8/13/2012 ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of On ys^yv y^y:) s?^>yr , before mQ,ppe/UC^^ 0 DATE ^ I yp /J personally appeared A^/y^^y ^y. Ay /^3J¥ , before me ^ SS , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and;bfficial seal. PLACE NOTARY SEAL IN ABOVE SPACE ^H^^^^^ OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. TITLE(S) CAPACITY CLAIMED BY SIGNER (PRINCIPAL) • INDIVIDUAL • CORPORATE OFFICER • PARTNER(S) • ATTORNEY-IN-FACT • TRUSTEE(S) • GUARDIAN/CONSERVATOR • OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER OTHER APA 01/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM © 2005-2008 VALLEY-SIERRA INSURANCE Solutions for Change RESOLUTION WHEREAS: A. Solutions for Change, Inc. is a nonprofit corporation which is eligible to receive funds; and B. Said funds are necessary for the operation of the Workforce Development located at 1148 Melrose Drive, Vista, CA. NOW THEREFORE BE IT RESOLVED THAT: 1. The Board of Directors of Solutions for Change, hereby authorizes Chris Megison, President & Executive Director to apply for the City of Carlsbad grant. 2. If the grant application authorized by this Resolution is approved. President & CEO Chris Megison, 722 W. California Ave., Vista, CA 92083 (760) 941-6545 Ext 303 is authorized to sign the standard agreement and any subsequent amendments with the City of Carlsbad for the purposes of this grant. PASSED AND ADOPTED PASSED AND ADOPTED at a regular meeting of Solutions for Change, Inc. this 22"<i day of May, 2014 by the following vote: AYES:^ ABSTENTIONS:^ NOES: £ ABSENT: Z ATTEST: 722 West California Ave • Vista, Califomia • 92083 Phone: 760.941.6545 • Fax: 760.941.1715 www.solutionsforchange.org 13