HomeMy WebLinkAbout1996-04-23; City Council; 13617; APPROVAL OF A 1995-96 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSe‘
APPROVAL OF A 1995-96 SUBRECIPIENT
AGREEMENT FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
MTG. 9-23 --‘I&
RECOMMENDED ACTION:
Adopt Resolution No.
Community Development Block Grant Funds.
ITEM EXPLANATION:
On April 11, 1995, the City Council selected the organizations to receive federal C
Development Block Grant (CDBG) Entitlement funding for the 1995-96 program yea1
disbursing CDBG funding for the subrecipients, the City must complete the a
environmental reviews and execute a written agreement for the various approved prc
A subrecipient agreement with Saint Clare’s Home has been prepared and is attached
2 for City Council review and approval at this time. Saint Clare’s Home, located in E
will receive $1,500 in CDBG funds to provide shelter and other supportive servicc
income homeless women and their families from Carlsbad.
As required by federal regulations, staff has completed the required environmen‘
documentation for the above CDBG funded project. Staff has determined that the grar
Clare’s Home is exempt from environmental review under 24 CFR Section 58.34 (a)
environmental review documentation for this project is on file in the Housing and Rede\
9 b- I 3% to approve a 1995-96 Subrecipient Agreement
FISCAL IMPACT:
No fiscal impact on the General Fund. The above project will be funded through tl
1. Resolution No. approving a 1995-96 Subrecipient Agreement
Clare’s Home for federal CDBG funds.
2. 1995-96 Subrecipient Agreement.
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CITY COUNCIL RESOLUTION NO. 9 6 - 13 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAN
CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE C1
CARLSBAD’S 1995-96 FEDERAL COMiMuNI TY DEVELOPMENT BLOCK (
PROGRAM 4i
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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;
WHEREAS, the City Council of the City of Carlsbad, California has considered the
subrecipient agreements for 1995-96 Community Development Block Grant funds;
WHEREAS, the City has determined that CDBG funded projects to be administered
Clare’s Home is exempt from environmental review under 24 CFR Section 58.34 (a)(9); and,
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 Saint Clare’s Home in Escondid
agreements are on file in the City Clerk’s Office.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, C:
onthe 23rd day of APRIL , 1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSTAIN: None
ABSENT: None
I ATTEST:
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KAREN R. KUNDTZ, Assistant City Clerk
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1995-96 SUBRECIPIENT AGREEMENT
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND SAINT CLARE'S HOME FOR 1995-96 FEDERAL
COMMUNITU DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 3 0 th day of
APRIL , 1996, by and between the CITY OF CARLSBAD, a municip,
corporation, hereinafter referred to as "City", and SAINT CLARE'S HOME, a non-profit organizatior
hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmen
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fun(
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 homeles
persons/families which result in an improved situation through employment, permanent housing, treatmen
of mental, or substance abuse problems, etc.;
WHEREAS, the City has the need to provide assistance to non-profit public service provider5
who meet the basic needs related to food, shelter, clothing and, in some cases, health care of lowei
income persons;
WHEREAS, the City has the need to provide assistance to non-profit public service provider:
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 Saint Clare's Home 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 one thousand five hundred dollars ($1,500) to the Subrecipient to provide shelter
and supportive services for homeless women and their families at their administrative offices at
243 S. Escondido Boulevard Suite 120, Escondido. Saint Clare's Home shall provide emergency
housing, for a maximum period of 60 days, a Maternity Home, a transitional housing program,
and a drug therapy program.
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Every effort shall be made by the subrecipient to expend the allocated funds in their entirety 1
June 30, 1996. If the Subrecipient will be unable to expend all of the funds allocated to t.
project by the noted date, the subrecipient shall request an extension from the City for continuc
use of the funds on the approved project. Based on progress made by the subrecipient towarc
completing the subject project, the City will either agree to grant the extension or notify tl
progress.
Subrecipient that the funds must be reallocated to another eligible project due to slow proje
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related 1
the provision of services for eligible residentslcitizens of Carlsbad for the period beginning Jul
1, 1995 and ending June 30, 1996. Payment €or eligible administrative expenses shall be mac
in accordance to budget information to be submitted to the City and in accordance wit
performance. The reimbursements for costs shall not exceed a total of $1,500. The Cit
shall not provide any payments/reimbursements in advance of actual expenditures by th
subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fa
program administration costs. Prior to receiving reimbursement, the City will verify that thr
Subrecipient has operated the shelters and supportive services in compliance with all applicabli
Federal, state, and local rules and regulations governing these funds, and in a manner satisfactor!
to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds arc
consistent with the project description/definition as approved by the City Council. Payrol,
records, receipts, paid invoices including an itemized statement of all costs are samples ol
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tht
City Council and continue until the expiration date, or amended expiration date, of thi:
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other iricome, earned as a direct result
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 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 the federal
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 necessary
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 1995-96.
to provide the subject program as outlined in this agreement. Under this agreement, the City's
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5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in 2
records shall include but not be limited to:
a.
b.
CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. SUC
Records providing a full description of each activity undertaken;
Records demonstrating each activity undertaken meets on of the National Objectives c
the CDBG program;
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or disposition of re2
property acquired or improved with CDBG assistance;
Records documenting compliance with the fair housing and equal opportunity component
of the CDBG program;
Documentation of all CDBG funds received from the City, eligible expenses incurred fo
administration of each activity, and other financial records as required by 24 CFR Par
570.502, and OMB Circular A-110; and,
Any other related records as the City shall require to demonstrate compliance wit1
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 eacf
quarter. The final progress report is due no later than July 15, 1996. The report must includt
sufficient information to assist the City in monitoring the subrecipient’s performance. The
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures.
C.
d.
e.
f.
g.
At a minimum, the performance reports shall include the following information:
a.
b.
C.
d.
e.
The Subrecipient shall maintain client data demonstrziting clien: 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
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
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fillding 18 made 01 Until the finding has heen eleared by appropriate offif;c& and the Subredpie
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal ye
has been given official written notice.
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to subn
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall 1
required to submit, to the City, a comprehensive financial audit prepared by an independer
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for tl
period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year aftc
expiration of the agreement. The Subrecipient shall also be required to submit a second audit fc
the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for ar
funds received in fiscal year 1996-97 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federz
Regulations, Part 570 (the Housing and Urban Development regulations concerning Communit
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, b
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as describec
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 regulation.
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 review
process required under the provisions of Executive Order 12372 described at 570.612 of
the Code of Federal Regulations.
b.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as
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.
CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. 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 Council. No change in use of the CDBG
funds will be permitted by the City without prior formal approval by the Council.
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8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tl
provision of services and the equal opportunity employment of personnel.
SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, th
agreement may be suspended or terminated if the subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.4
of the Code of Federal Regulations are set forth, by reference, as provisions of this agreemen
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG func
on hand at the time of expiration and any accounts receivable attributable to the use of CDBi
funds. The subrecipient shall be required to use any real property under the subrecipient’
to either be:
a>
I control that was acquired or improved in whole or in part with CDBG funds in excess of $25,001
Used to meet one of the national objectives in 24 CFR Section 570.208 of the federi
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 tht
current fair market value of the property less any portion of the value attributable tc
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 thi:
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penalties.
injuries 01- 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, 01
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers and
employees against any of the foregoing liabilities or claims of any kind and any costland expense
that is incurred by the City on account of any of the foregoing liabilities, including liabilities or
claims by reason of alleged defects in any plans and specifications for the project or facility.
fines, or any damage to goods, properties, or effects of any person whatsoever, nor for persona’
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 Agreeiiient Paragraph 1 I . ”Hold Iiarmless
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Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each t
the parties eret to, and each of their respective heirs, executQrs, administrators, successols, all
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othc
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 insuranc
company authorized to do business in the State of California which meets the requirements c
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollar
($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manage1
This insurance shall be in force during the term of this agreement and shall not be cancelec
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 furnisl
certificates of insurance to the City before commencement of work.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed
as of the day and year first written above.
SAINT CLARE'S HOME, a non-profit organization
ad ,:&?J?k&z
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ATTEST:
ANZ, CITY CLERK
ssistant City Clerk
APPROVED AS TO FORM;
* af2. L 4-u--%* . BALL, CITY ATTORNEY
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