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HomeMy WebLinkAbout1992-07-07; City Council; 11768; APPROVAL OF SUBRECIPIENT AGREEMENT WITH CATHOLIC CHARITIES/CARING RESIDENTS OF CARLSBAD FOR 1991-92 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS17 a 1LI j 7 L- 2 .. Z o a d 0 z = 0 0 0 I I- I- CITy@F CARLSBAD - AGENDWILL fiL.;-- AB# /I! 76 g TITLE: APPROVAL OF SUBRECIPIENT AGREEMENT WITH DEF CATHOLIC CHARITIES/CARING RESIDENTS OF C,T' MTG. 7- 7- 9 ?- DEPT. RED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CIT' CARLSBAD FOR 1991-92 FEDERAL RECOMMENDED ACTION: Adopt Resolution No. 92-20? to approve a subrecipient agreement with Cathc Charities/Caring Residents of Carlsbad for 1991 -92 federal Community Development Blc Grant funds. ITEM EXPLANATION Last year the City Council selected the following organizations to receive Commun Development Block Grant (CDBG) Entitlement funding under the 1991 -92 federal progra Catholic Charities; North County Lifeline; Good Samaritan/Ecumenical Service Cent Western Institute Foundation for Mental Health; Casa De Amparo; Boys and Girls Club Carlsbad; Community Resource Center; Aids Foundation; Fraternity House; San Die Mental Health Services, Girls Club; Carlsbad Affordable Housing Reserve Fund, Carlsb Paint-a-Thon Program Administration; and, the San Diego Service Center for the Blind. Catholic CharitiesKaring Residents of Carlsbad Inc., was awarded a $25,000 CDBG gra to establish and operate a pilot project to provide an emergency shelter for homele migrant workers on Impala Drive between Palmer Way and Orion Way. A Notice of Release of Funds and Certification (Exhibit 3) was required from the U Department of Housing & Urban Development (H.U.D.) for this project. A public notice 1 the Release of Funds and Certification was placed in the Blade Citizen on February received. In March, 1992 HUD indicated that the City was authorized to incur costs for tt project when all other grant conditions were met. As required by federal regulations for the CDBG Entitlement Program, staff has completl the required environmental review and prepared the 1991 -92 subrecipient agreeme (Exhibit 2). For informational purposes, the completed environmental review is attachc as Exhibit 4. FISCAL IMPACT: No fiscal impact. EXHIBITS: 1. 1992, A public comment period was provided and no written or verbal comments WE Resolution No. 9 2 -209 Approving an agreement between the City of Carlsb; and Catholic CharitiesKaring Residents of Carlsbad Inc., for Commun. Development Block Grant Funds. 2. Catholic CharitiesKaring Residents of Carlsbad Subrecipient Agreement for 1991 4 Community Development Block Grant Funds. Notice of Release of Funding and Certification from HUD 3. 4. Environmental Review l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a RESOLUTION NO. 92-209 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT WITH CATHOLIC FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. CHARITIES/CARING RESIDENTS OF CARLSBAD INC., FOR 1991-92 WHEREAS, the City Council of the City of Carlsbad, California, on the 7th 1 of July , 1992 considered the required subrecipient agreement with Cath CharitiedCaring Residents of Carlsbad Inc., for 1991 -92 Community Development BI Grant funds; and WHEREAS, the City Council has taken all testimony into account. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the above recitation is true and correct. 2. That the City Council has approved the 1991-92 Community Development E Grant Agreement between the City of Carlsbad and Catholic Charities/Caring Resic of Carlsbad Inc., as attached hereto as Exhibit 2. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carls California, on the 7th day of July , 1992, by the following vote, to AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyg NOES: None ABSENT: None ATTEST: AL*A$ENi$= (Seal) 0 0 EXHl L AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CATHOLIC CHARlTlES/CARING RESIDENTS OF CARLSBAD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR 1991-92 THIS AGREEMENT, made and entered into as of this day of 19-, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as IICity'l, and CATHOLIC CHARITIES/CARING RESIDENTS OF CARLSBAD INC., a non-profit organization, hereinafter referred tc "Subrecipient". R E C ITALS WHEREAS, Catholic Charities is working in conjunction with Caring Residen Carlsbad to establish a pilot project to provide an emergency shelter for homt migrant workers; and WHEREAS, the City has the need to provide emergency shelter for the homt migrant workers in Carlsbad; and WHEREAS, the City has the need for emergency shelter services for low WHEREAS, the Subrecipient possesses the necessary skills and qualificatioi moderate income persons including the homeless; and provide the services required by the City; and NOW, THEREFORE, in consideration of these recitals and the mutual cover contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 1991 -92 federal Community Development Block (CDBG) funds, in the amount of twenty five thousand dollars ($25,000) fc Subrecipient if the conditions of this agreement are met. The CDBG funds i be used for capital costs directly associated with the establishment of a project to provide an emergency shelter on Impala Drive between Palmer Wa Orion Way in Carlsbad. The emergency shelter is intended to be usz homeless migrant workers in Carlsbad or North San Diego County. This p is sponsored by the Caring Residents of Carlsbad Inc. and the Catholic ChI of San Diego. 0 e The Subrecipient shall furnish all labor, materials and services and bear administrative expenses necessary to set up the emergency shelter as outline1 this agreement. Under this agreement, the City’s only financial obligation to Subrecipient is to provide the CDBG funds of twenty five thousand dol ($25,000) as allocated by the City Council if the Subrecipient meets the conditi set forth in this agreement (including documentation verifying matching fund: 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for capital cost: establishing a pilot project to provide an emergency shelter for homeless mig workers for the period of July 1, 1991-December 15, 1992. The amount tc reimbursed shall not exceed $25,000. Up to twenty five thousand dollars ($25,000) is available if the Subrecipient sub to the City, documentation verifying that twenty five thousand dollars ($25, worth of matching funds has been ubtained from other sources for the La Po: de Guadalupe emergency shelter. The Subrecipient is required to provide recc and an itemized statement of the expenses in excess of the $25,000 worl matching funds for reimbursement with CDBG funds. The Subrecipient. shall expend the allocated funds in their entiretj December 15, 1992. If the subrecipient is unable to expend all of the fi allocated to the emergency shelter by the noted date, a written reques extension of the allocation must be submitted, by the Subrecipient, to the C Carlsbad, Housing & Redevelopment Department by December 15,1992. Tht Council maintains the authority to re-allocate the remaining funds to this projc to re-allocate the funds to another eligible activity, at their discretion. The Subrecipient shall submit a written statement to request payment from thc of Carlsbad. The Subrecipient may request reimbursements at monthly intc anytime after. June 23, 1992 for the period July 1, 1991 -December 15, 199: Each request for reimbursement shall include receipts, an itemized statemc all costs, a quarterly performance report and documentation to verity mati funds. The performance report shall include sufficient information to assist thc in monitoring the performance of the Subrecipient in establishing an emerc shelter on Impala Drive in Carlsbad. The Subrecipipt must demonstrate satisfactory performance in order to rc reimbursement for capitlal costs associated with the emergency shelter. 2 e e 3. PROGRAM INCOME The Subrecipient shall report, to the City any interest, or other income, earnec a direct result of the use of federal CDBG funds for the emergency shelter. reported program income may be retained by the Subrecipient for capital cc related to the emergency shelter. However, the program income, retained by Su brecipient, must be expended before additional funds are requested from City (including the CDBG allocation for 1992-93). 4. RECORDS AND REPORTS c The Subrecipient shall submit quarterly performance reports for the pe beginning July 1, 1991 and ending December 15, 1992; the first report is due the first request for reimbursement and subsequent reports are due not later 1 September 15, 1992 and December 15, 1992. At a minimum, the perform: reports shall provide the following information regarding the emergency she a. b. c. d. e. f. Total number of bed nights utilized during the period Number of low and moderate income persons that utilized emergency shelter during the period Age, sex and ethnic background of persons that stayed at emergency shelter Summary of service(s) provided by the emergency shelter (shc food, health screening, education, job training). Total number of days the emergency shelter was open during pr Total number of persons served from Carlsbad The Subrecipient shall maintain separate accounting records for the federal C funds provided by the City. The City, Federal Grantor Agency, Compti General of the United States, or any other duly-authorized representatives have access to all books, documents, papers and records maintained bl Subrecipient which directly pertain to the above described emergency sheltt the purpose of audit, examination, excerpts and transcriptions. As required by the Federal Single Audit Act, the Subrecipient shall be requir submit, to the City, a comprehensive financial audit prepared by an indepen neutral third-party auditor. The audit shall cover financial operations c Subrecipient for the period beginning July 1,1991 and ending December 15, the audit is due not later than March 1, 1993. If this agreement is extende any reason, into program year 1993-1994, the Subrecipient shall be requir submit a second audit for the period covered under the amended agreemf 3 0 e Unless otherwise notified by the City, the Subrecipient shall retain all finar records, supporting documents and statistical reports related to the servi provided under this agreement until April 30, 1996. All records subject to an a finding must be retained for three (3) years from the date the finding is mad[ until the finding has been cleared by appropriate officials and the Subrecipient been given official written notice. 5, PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Applical Subrecipient Agreement and with assurances and agreements made, by the to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirem as described in Section 570.502 of the federal regulations for the CDBG Prog the federal requirements are set forth, by reference, as a provision of agreement. The Subrecipient shall carry out all activities in compliance with all Federal and regulations as described in Subpart K of the CDBG Program Regulations, provisions of Subpart K, of the CDBG Program Regulations, are set fortt reference, as a condition of this agreement) except that: a. The Subrecipient will not assume the City’s environrner responsibilities as described in Section 570.604; and The subrecipient will not assume the City’s responsibility for initi the review process required under the provisions of Executive ( 12372 described at 570.612 in the Federal regulations. b. 6. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. Subrecipient desires a change in the use of the CDBG funds following apF of this agreement, a written request must be submitted to the City of Carl! Housing & Redevelopment Department for review by the City Council. No ct in use of the CDBG funds will be permitted by the City without prior appro\ the City Council. 7. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws reg; nondiscrimination in the provision of services and the employment of persl 4 0 e 8. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Fed Regulations, this agreement may be suspended or terminated if the subrecip fails to comply with any term(s) of the award and/or the award is terminated convenience. Section 24, Parts 85.43 and 85.44 of the Code of Fed Regulations are set forth, by reference, as provisions of this agreement. . 9. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabili penalties, fines, or any damage to goods, properties, or effects of any per whatsoever, nor for personal injuries or death caused by, or claimed to have k caused by, or resulting from, any intentional or negligent acts, errors or omis of Subrecipient or Subrecipient's agents, employees, or representatives ir performance of the service outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City its officers and employees against any of the foregoing liabilities or claims 01 kind and any cost/expense that is incurred by the City on account of any o foregoing liabilities, including liabilities or claims by reason of alleged defects ii facility or the program. 10. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereu without the prior written consent of the City. 11. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Section 9, "Hold Harn Agreement," all terms, conditions, and provisions hereof shall insure to and bind each of the parties hereto, and each of their respective heirs, exes administrators, successors, and assigns, 12. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insui and a combined policy of worker's compensation and employers liability insui from an insurance company authorized to do business in the State of Calii which meets the requirements of City Council Resolftion No. 90-96 in an insL amount of not less than one million dollars ($1,000,000) each, unless a amount is approved by the City Attorney or the City Manager. 5 0 0 This insurance shall be in force during the term of this agreement and shall nc canceled without thirty (30) days prior written notice to the City sent by cerl mail. The City shall be named as an additional insured on these policies. Subrecipient shall furnish certificates of insurance to the City bf commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to executed as of the day and year written above. CATHOLIC CHARITIES, a non-profit organization, SISTER RAYMONDA DUVALL (CATHOLIC CHARITIES) CARING RESIDENTS OF CARLSBAD, INC., a non-profit organization KATHLEEN WELLMAN (CARING RESIDENTS OF CARLSBAD) CITY OF CARLSBAD, a municipal corporation of the State of California CLAUDE A. "BUD" LEWIS, MAYOR ATTEST ALETHA L RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: RON BALL, ACTING CITY All'ORNEY 6 tAHItrI I m * U.S. Department of Housing and Urban Devdopmc Los Angeles Office, Region IX 161 5 West Olympic Boulevard Los Angeles, California 900 15-3801 7’ < 8 1992 Raymond R. Patchett, City Manager City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Patchett: SUBJECT: Community Development B1 ock Grant (CDBG) Program Grant No.: B-91-MC-06-0563 Release Number: 2 City of Carl sbad Certification of Compliance with 24 CFR ATTENTION: Debbie Fountain Part 58 Regulations On January 22, 1992, this office received your Request for Release of Fu and Certification pertaining to the following projectls): Project Activity Location Cathol ic Charities Homeless Migrant She1 ter North side of Impala Drive between Palmer Way and Orion Street No objections to the release of such funds or to the Certification have been received and a period of 15 days from and after the receipt of such request and certification has expired. compliance with 24 CFR Part 58.70 through 58.76 requirements, environmental grant conditions are removed. Effective February 12, 1992, you are hereby authorized to incur costs for the above project(s) where all other grant conditions have been met. Based on your certification of Very sincerely yours, b4Lj Charles Ming Manager $ P 2 c. .’ I. e tXHIBI - .. > Statutory Checklist Checklist of Applicable Statutes and Regulations ' Project Name and Identification No. ~~tdbl.kYI0 z@Ytz3?L - B-vj-pC -Db-656 3 Are all activities of this project exempt from NEPA procedures? (If yes. this Statutory Checklist need not be filled out.) (If yes, this gtatutorv Checklist and all required actions must be compieted.) 0 Yes dNo Are activities of this project categorically excluded from NEPA procedures? 0 Yes dN0 Area of Statutory-Regulatory Compliance (Precise citations for applicable statuies and regulations are printed No(cCompYIwrlh~~na~r Historic Properties Air Quality 'Attach evidence that required actions have been ukm. 22 4 .. - I Ii~toric Propcrticc 'G I 66 Cloodplain Management (/ -- I/ i, J/ Wetlands Protection Noise I I Air Quality I j I ! I 4 Manmade Hazards I {/ Water Quality Solid Waste Disposal (/ Coastal Areas [I Endangered Species I/ Farmlands Protection It I{ Wild and Scenic Rivers z State or Local Statutes rl STATUTORY ReVI?h C ONCGUS ION