HomeMy WebLinkAbout1996-02-06; City Council; 13497; APPROVAL OF A SUBRECIPIENT AGREEMENT FOR 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSb
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DEPT. HD. AB# / 7, J6 ) TITLE:
MTG. 2-6 -‘.& 1995-96 COMMUNITY DEVELOPMENT BLOCK CITY ATT’I
DEPT. H/RED CITY MGR
‘CITY OF CARLSBAD - AGE a A BILL
APPROVAL OF A SUBRECIPIENT AGREEMENT FOR
GRANT FUNDS -
RECOMMENDED ACTION:
Adopt Resolution No. 9.b - qL{ to approve a Subrecipient Agreement
Women’s Resource Center for federal 1995-96 Community Development Block Grat
ITEM EXPLANATION:
On April 1 1, 1995, the City Council selected the organizations to receive federal Co
Development Block Grant (CDBG) Entitlement funding for the 1995-96 program ye
to disbursing CDBG funding for the subrecipients, the City must complete the ap
environmental reviews and execute a written agreement for the various approved p
A subrecipient agreement with the Women’s Resource Center has been preparc
attached as Exhibit 2 for City Council review and approval at this time. The 1
Resource Center will receive $5,000 in CDBG funds for operation of the Alternatives
shelter located in Oceanside and related supportive services to benefit low and rr
income Carlsbad residents.
As required by federal regulations, staff has completed the required environment:
documentation for the above CDBG funded project. Staff has determined that the
the Women’s Resource Center is exempt from environmental review under 24 CFF
58.34 (a)(9). The environmental review documentation for this project is on fi
Housing and Redevelopment Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. This project will be funded through the feder
program.
EXHIBITS:
1. Resolution No. 9k. - 4‘/ approving a Subrecipient Agreement for fedei
96 CDBG funds.
1995-96 Subrecipient Agreement with the Women’s Resource Center. 2.
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CITY COUNCIL RESOLUTION NO. 9 6 - 4 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAW
CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE C1
PROGRAM
WHEREAS, on April 11, 1995, the City Council of the City of Carlsbad, California sel
programs to receive funding under the City’s 1995-96 Community Development Block Grant
Program;
CARLSBAD’S 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK
WHEREAS, the City Council of the City of Carlsbad, California has considered the
subrecipient agreement for 1995-96 Community Development Block Grant funds;
WHEREAS, the City has determined that the CDBG funded project to be administere
Women’s Resource Center is exempt from environmental review under 24 CFR Section 58.34 (a)
WHEREAS, the City Council has taken all testimony into account.
NOW, THEREFORE, BE IT RESOLVED as follows:
1.
2.
That the above recitations are true and correct.
That the City Council has approved the 1995-96 Community Developme
Grant Subrecipient Agreement with the Women’s Resource Center for (
of the Alternatives to Abuse Shelter and supportive services. The agreem
file in the City Clerk’s Office.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, Cz
onthe 6th day of FEBRUARY , 1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSTMN: None
ABSENT: None
Y CLAUDE A?L%WIS, Mayor
ATTEST:
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE WOMEN’S RESOURCE CENTER E”OR
1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 9th day of
FEBRUARY , 1996, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as ”City”, and the WOMEN’S RESOURCE CENTER, a non-profit
organization, hereinafter referred to as “Subrecipient”.
RECITALS
WHEREAS, the City has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fund
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide shelter or services to homeless or near homeless
persons/families which result in an improved situation through employment, permanent housing, treatment
of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service providers
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of lower
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service providers
who offer counseling and self-improvement programs/activities for lower income persons;
WHEREAS, the Subrecipient can provide one or more of these basic services for low and
moderate income households with some assistance from the City; and,
WHEREAS, the City has determined that the Women’s Resource Center’s Alternatives to Abuse
is exempt from environmental review under 24 CFR Part 58, Section 58.24(a)(9);
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 1995-1996 Community Development Block Grant (CDBG) funds.
in the amount of five thousand dollars ($5,000) to the Subrecipient for operation of the
Alternatives to Abuse Shelter, a confidential battered women’s shelter. The Alternatives to
Abuse shelter shall provide emergency housing, for a maximum period of 30 days, and
supportive services and counseling to women in residence.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirety by
June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated to the
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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 will either agree to grant the extension or notify the
Subrecipient that the funds must be reallocated to another eligible project due to slow project
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related to
the provision of services for eligible residents/citizens of Carlsbad for the period beginning July
1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be made
in accordance to budget information to be submitted to the City and in accordance with
performance. The reimbursements for costs shall not exceed a total of $5,000. The City
subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment for
program administration costs. Prior to receiving reimbursement, the City will verify that the
Subrecipient has operated the shelter in compliance with all applicable Federal, state, and local
rules and regulations governing these funds, and in a manner satisfactory to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds are
consistent with the project descriptionldefinition as approved by the City Council. Payroll
records, receipts, paid invoices including an itemized statement of all costs are samples oi
appropriate methods of reimbursement documentation.
The 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.
shall not provide any paymentslreimbursements in advance of actual expenditures by the
3, PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct resull
of the use of federal CDBG funds for the program outlined within this agreement. All reported
program income may be retained by the Subrecipient for costs related to the subject prograrr
activities. However, the program income, retained by the Subrecipient, must be expended befort
additional funds are requested from the City. The requirements are set forth in the federa
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessaq
to provide the subject program as outlined in this agreement. Under this agreement, the City':
only financial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maximun
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 in 21
CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. Sucl
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records shall include but not be limited to:
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Records providing a full description of each activity undertaken;
Records demonstrating each activity undertaken meets on of the National Objectives of
the CDBG program;
Records required to determine the eligibility of activities; Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
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 Part
570.502, and OMB Circular A-110; and,
Any other related records as the City shall require to demonstrate compliance with
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly “Progress Reports” during the program year beginning
July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of each
quarter. The final progress report is due no later than July 15, 1996. The report must include suff%zient 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:
it:
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Total number of persons/households participating in the program during reported period;
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad persons/households participating in the
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
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 description of 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 three (3) years after the termination of all activities funded under this Agreement.
All records subject to an audit finding must be retained for three (3) years from the date the
finding is made or until the finding has been cleared by appropriate officials and the Subrecipient
has been given official written notice.
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If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal year
from the City of Carlsbad 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 period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year after
expiration of the agreement. The Subrecipient shall also be required to submit a second audit fox the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for anq
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 Federa
Regulations, Part 570 (the Housing and Urban Development regulations concerning Communitj
Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City’!
CDBG Application and Subrecipient Agreement and with assurances and agreements made, bj
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as describa
in Section 570.502 of the federal regulations for the CDBG Program; the federal requirement!
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and regulatioa
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirement:
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as describec
in Section 570.604; and
The Subrecipient will not assume the City’s responsibility for initiating the reviev
process required under the provisions of Executive Order 12372 described at 570.612 o
the Code of Federal Regulatidns.
b.
The provisions of Subpart K, of the CDBG Program-Regulations, are set forth, by reference, a
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG funds b
religious organizations, if applicable to this agreement and the approved project outlined herein
CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipier
desires a change in the use of the CDBG funds following approval of this agreement, a writte
request must be submitted to the City for review by the Council. No change in use of the CDB(
funds will be permitted by the City without prior formal approval by the Council.
7.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in th
provision of services and the equal opportunity employment of personnel.
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9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, this
agreement may be suspended or terminated if the subrecipient fails to comply with any term(s)
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44
of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG funds
on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
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,
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.
b)
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, properties, or effects 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 in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its oficers and
employees against any of the foregoing liabilities or claims of any kind and any cost/and expense
that is incurred by the City on account of any of the foregoing liabilities, including liabilities ot claims by reason of alleged defects in any plans and 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.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each oj
the parties hereto, and each of their respective heirs, executors, administrators, successors, anc
assigns.
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14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or 0th
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and
combined policy of worker's compensation and employers liability insurance from an insuran
company authorized to do business in the State of California which meets the requirements
City Council Resolution No. 91-403 in an insurable amount of not less than one million doll:
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Managc
This insurance shall be in force during the term of this agreement and shall not be cancel
without thirty (30) days prior written notice to the City' sent by certified mail.
The City shall be named as an additional insured on these policies. The Subrecipient shall furnj
certificates of insurance to the City before commencement of work.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
WOMEN'S RESOURCE CENTER, a non-profit organization
ate of California
CLXm .-II~~uD~ 'LEWIS, MAYOR 7
ATT.E!TI':
ALETHA L. RAUTENKRAb
APPROVED AS TO FORM:
---&L & RONMD R. BALL, CITY ATTORNEY a- 7-YG'
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