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
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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
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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.
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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
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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
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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.
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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
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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
$
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I. e tXHIBI - ..
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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.
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Cloodplain Management (/
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Wetlands Protection
Noise
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Solid Waste Disposal
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Coastal Areas [I
Endangered Species
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Farmlands Protection
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I{ Wild and Scenic Rivers
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State or Local Statutes rl
STATUTORY ReVI?h C ONCGUS ION