HomeMy WebLinkAbout1995-12-19; City Council; 13443; APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS0 L>;
CITY OF CARLSBAD - AGENDA BILL
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CITY M( DEPT. H/RED
‘ITY AT FOR COMMUNITY DEVELOPMENT BLOCK GRANT 12/19/95 APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENT
FUNDS
RECOMMENDED ACTION:
Adopt Resolution No. %%%f to approve a Subrecipient Agreement wit
for Progress, Inc. for federal 1995-96 Community Development Block Grant Fur
ITEM EXPLANATION:
On April 11 , 1995, the City Council selected the organizations to receive federal
Development Block Grant (CDBG) Entitlement funding for the 1995-96 program
to disbursing CDBG funding for the subrecipients, the City must complete the
environmental reviews and execute a written agreement for the various approve
A subrecirient agreement with SER/Jobs for Progress, Inc, has been prepared an(
as Exhibit 2 for City Council review and approval at this time. SER/Jobs for Progr
receive $5,250 in 1995-96 CDBG funds for operation of the Carlsbad Hiring Cen.
low and moderate-income Carlsbad residents.
As required by federal regulations, staff has completed the required environrn
documentation for the above CDBG funded project. Staff has determined that
the Carlsbad Hiring Center is exempt from environmental review under 24 CFR S
(a)(9). The environmental review documentation for this project is on file in the
Redevelopment Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. The above project will be funded throus
CDBG program.
p
fz 1. Resolution No. 7s-srP approving 1995-96 Subrecipient Agreerr 0
EXHIBITS: 9
2 Fe CDBG funds.
2. 1995-96 Subrecipient Agreement.
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CITY COUNCIL RESOLUTION NO. 95-358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBl
CALIFORNIA, APPROVING A SUBRECIPENT AGREE" FOR THE CITY
PROGRAM
CARLSBAD'S 1995% FEDERAL COMMUNITY DEVELOPMENT BLOCK GRP
WHEREAS, on April 11, 1995, the City Council of the City of Carlsbad, Calif(
selected the programs to receive funding under the City's 1995-96 Community Develop:
Block Grant (CDBG) Program; ,,
WHEREAS, the City Council of the City of Carlsbad, California has considere
required subrecipient agreement with SEWJobs for Progress, Inc. for 1995-96 Corn
Development Block Grant funds to operate the Carlsbad Hiring Center;
WHEREM, the City has determined that the CDBG funded project to be admini:
by SEWJobs for Progress, Inc. is exempt from environmental review under 24 CFR S
58.34 (a)(9); and,
WHEREAS, the City Council has taken all testimony into account.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the City Council has approved the 1995-96 Cam
Development Block Grant Subrecipient Agreement with SER/J(
Progress, Inc for operational costs associated with the Carlsbad
Center. ...
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PASSED, APPROVED AND AIXIF'I'ED by the city council of the City of
1 1995
2 I1 Carlsbad, California, on the 19th day of DECEMBER * *, by
3 ll following vote, to wit:
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Am: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSTAIN: None
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ABSENT: Council Member N
l5 1 AITEST: 16 I
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10 *&2$+j&Nz /'
, City Clerk
19 I KASSN R. KUNDTZ ssistant City Clerk
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND SENJOBS FOR PROGRESS INC. FOR
1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT ECMDS
THIS AGREEhGN, made and entered into as of this 2 6 th day of -
DECEMBER , 1992 by and between the CITY OF CARLSBAD, a munic
corporation, hereinafter referred to as "City", and SEWJOBS FOR PROGRESS INC., a non-pi
organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has a need to provide assistance to non-profit public service providers
offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the City has a need to provide assistance to organizations which admir
programs, such as employment services, job training, and educational programs, that directly benefi
income adults with special needs living in Carlsbad:
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households and services which benefit the homeless with some assistance from the (
and
WHEREAS, the City has determined that the Carlsbad Hiring Center is exempt
environmental review under 24 CFR Part 58, Section 58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants cont
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) f
in the amount of five thousand two hundred fifty dollars ($5,250) to the Subrecipient fc
operating costs associated the CarIsbad Hiring Center located at 5958 El Camino Rc
Carlsbad, California. The Carlsbad Hiring Center will provide a central location for
potential employers and employees to coordinate employment needs. Potential employee
receive job referrals and information and referral regarding other services and progra
develop educational and job skills. The Hiring Center will process requests for temporal
permanent employees from Carlsbad employers.
Every effort shall be made by the subrecipient to expend the allocated funds in their entir
June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated
project by the noted date, the subrecipient shall request an extension from the City for con
use of the funds on the approved project. Based on progress made by the subrecipient tc
completing the subject project, the City will either agree to grant the extension or not
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Subrecipient that the funds must be reallocated to another eligible project due to slow pro.
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relate
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning I
1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shaIl be IT
in accordance to budget information to be submitted to the City and in accordance 7
performance. The reimbursements for costs shall not exceed a total of $5,250. The (
shall not provide any payments/reimbursements in advance of actual expenditures by
subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request paymenl
Subrecipient has provided services in compliance with all applicable Federal, state, and local I
and regulations governing these funds, and in a manner satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of fund:
consistent with the project description/definition as approved by the City Council. Pa:
records, receipts, paid invoices including an itemized statement of all costs are sample
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved b:
City Council and continue until the expiration date, or amended expiration date, of
agreement.
program administration costs. Prior to receiving reimbursement, the City will verify thal
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct I of the use of federal CDBG funds for the program outlined within this agreement. All rep
program income may be retained by the Subrecipient for costs related to the subject pro
activities. However, the program income, retained by the Subrecipient, must be expended b
additional funds are requested from the City. The requirements are set forth in the fe
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR, MATERTALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses nece
to provide the subject program as outlined in this agreement. Under this agreement, the 1
only financial obligation to the Subrecipient is to provide the CDBG funds of $5,250 max
as allocated by the City Council for program year 1995-96.
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified
CFR part 570.506 that are pertinent to the activities to be funded under this Agreement.
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
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b. Records demonstrating each activity undertaken meets on of the National Objective:
the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of
property acquired or improved with CDBG assistance;
of the CDBG program;
administration of each activity, and other financial records as required by 24 CFR :
570.502, and OMB Circular A-110; and,
g. Any other related records as the City shall require to demonstrate compliance I
e. Records documenting compliance with the fair housing and equal opportunity componi
f. Documentation of all CDBG funds received from the City, eligible expenses incurred
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly “Progress Reports“ during the program year begin1
July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of c
quarter. The final progress report is due no later than July 15, 1996. The report must inc’
sufficient information to assist the City in monitoring the subrecipient’s performance.
subrecipient must demonstrate satisfactory performance prior to reimbursement for expendih
At a minimum, the performance reports shall include the following information:
a. Total number of personshouseholds participating in the program during reported pel
b. Total number of participants from Carlsbad;
program during the reporting period;
C. Number of low/moderate income Carlsbad personshouseholds participating in
d. Age and ethnic background of Carlsbad participants;
e. Summary of program(s) provided to Carlsbad participants; and
The Subrecipient shall maintain client data demonstrating client eligibility for services provi
Such data shall include at the minimum client name, address, ethnicity, income level or c
basis for determining eligibility, and description of service provided. This data shall assisi
Subrecipient in completing the required quarterly progress reports to be submitted to the C
The Subrecipient shall maintain separate accounting records for the federal CDBG funds prov
by the City. The City, Federal Grantor Agency, Comptroller General of the United State!
any of their duly-authorized representatives shall have access to all books, documents, paper:
records maintained by the Subrecipient which directly pertain to the above project for the PUI
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recc
supporting documents and statistical reports related to the project identified under this agree
for a period of three (3) years after the termination of all activities funded under this Agreer
All records subject to an audit finding must be retained for three (3) years from the dat
finding is made or until the finding has been cleared by appropriate officials and the Subreci
has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to SI:
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient sh:
required to submit, to the City, a comprehensive financial audit prepared by an indepen
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neutral third-party auditor. The audit shall cover financial operatiqns of the Subrecipient for
period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year a
expiration of the agreement. The Subrecipient shall also be required to submit a second audil
the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for
funds received in fiscal year 1996-97 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fed
Regulations, Part 570 (the Housing and Urban Development regulations concerning Commu
Development Block Grants). The Subrecipient also agrees to adhere to the terms of the Ci
CDBG Application and Subrecipient Agreement and with assurances and agreements made
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as descr
in Section 570.502 of the federal regulations for the CDBG Program; the federal requirer
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with dl Federal laws and regula1
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requiren
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as desu
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the re1
process required under the provisions of Executive Order 12372 described at 570.6:
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referenc
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fun(
religious organizations, if applicable to this agreement and the approved project outlined he
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subreci
desires a change in the use of the CDBG funds following approval of this agreement, a WI
request must be submitted to the City for review by the Council. No change in use of the C.
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination i
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations
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agreement rn8y be suspe~M or terminated if the subittipitit fails to COMP~Y with aby kt
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 8 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreen
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG f
on hand at the time of expiration and any accounts receivable attributable to the use of C1
funds. The subrecipient shall be required to use any real property under the subrecipi
control that was acquired or improved in whole or in part with CDBG funds in excess of $25
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fa
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 o
current fair market value of the property less any portion of the value attributab
expenditures of non-CDBG funds for acquisition, or improvement to, the prop
Reimbursement is not required after the period of time specified in paragraph (a) 0:
section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, pena
fines, or any damage to goods, properties, or effects of any person whatsoever, nor for per:
injuries or death caused by, or claimed to have been caused by, or resulting from, any intent
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employee
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officer:
employees against any of the foregoing liabilities or claims of any kind and any cost/and ex1
that is incurred by the City on account of any of the foregoing liabilities, including liabiliti
claims by reason of alleged defects in any plans and specifications for the project or facilil
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Har~
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind ea
the parties hereto, and each of their respective heirs, executors, administrators, successors
assigns.
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14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or
funds, the Subrecipient shall obtain and maintain policies of general liability insurance
combined policy of worker's compensation and employers liability insurance from an inst
company authorized to do business in the State of California which meets the requireme
City Council Resolution No. 91-403 in an insurable amount of not less than one million d
($1,000,000) each, -unless a lower amount is approved by the City Attorney or the City Ma
This insurance shall be in force during the term of this agreement and shall not be ca~
without thirty (30) days prior written notice to the City sent by certified mail.
"he City shall be named as an additional insured on these policies. The Subrecipient shall fi certificates of insurance to the City before commencement of work.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed
the day and year first written above.
SEWJOBS F R PROGRESS INC., a non-profit organization,
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ate of California
A'ITEST:
!&5zrAiGg Z, CITY CLERK
KAREN R. KTTNDTZ, ssistant City Clerk
AS TO FORM:
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RONALD R. BALL, CITY ATTORNEY /L. 2 /. 9 s"
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