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HomeMy WebLinkAbout1996-08-13; City Council; 13770; APPROVAL OF SUBRECIPIENT AGREEMENT FOR 1994-95 AND 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSi - -c=-- \v\,L ' J ~ -4' -- e 1- e CITY OF CARLSBAD - AGWDA BILL 1994-95 AND 1995-96 COMMUNITY DEVELOPMENT RECOMMENDED ACTION; Adopt Resolution No. qh c 2?8 to approve a Subrecipient Agreement witt Institute Foundation for Mental Health for 1994-95 and 1995-96 federal Community De Block Grant Funds. ITEM EXP LANATl 0 N : On May 3, 1994 and April 11 , 1995, the City Council selected the organizations to rece Community Development Block Grant (CDBG) Entitlement funding for the 1995-96 pro! Prior to disbursing CDBG funding for the subrecipients, the City must complete the a environmental reviews and execute a written agreement for the various approved projl A subrecipient agreement with Western Institute Foundation for Mental Health has beer Foundation for Mental Health will receive $25,000 in 1994-95 CDBG funds and $35,000 CDBG funds to acquire property located at 999 South Cleveland Street in Oceans administrative offices and the Oceanside Alzheimer's Day Care Center. As required by federal regulations, staff has completed the required environmen documentation for the above CDBG funded project. Staff has determined that the acc property for administrative offices and the Oceanside Alzheimer's Day Care Center is er environmental review under 24 CFR Section 58.34 (a)(lO). The environmen documentation for this project is on file in the Housing and Redevelopment Departmet FISCAL IMPACT: No fiscal impact on the General Fund. The above project will be funded through the fed1 and is attached as Exhibit 2 for City Council review and approval at this time. Westel Foundation for Mental Health for federal 1994-95 and 1995-96 CDBG funds. 2. Subrecipient Agreement. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 a 0 CITY COUNCIL RESOLUTION NO. 9 6 - 2 7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIF APPROVING A SUBRECIPIENT AGREEMENT FOR THE CITY OF CARLSBAD PROGRAM WHEREAS, on May 3, 1994 and April 11, 1995, the City Council of the City of ( California selected the programs to receive funding under the City's 1994-95 and 1995-96 Cc Development Block Grant (CDBG) Program; 95 AND 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK WHEREAS, the City Council of the City of Carlsbad, California has considered the subrecipient agreement for 1994-95 and 1995-96 Community Development Block Grant funds; WHEREAS, the City has determined that the acquisition of property by Western Institute FI for Mental Health for their administrative offices and the Oceanside Alzheimer's Day Care Center from environmental review under 24 CFR Section 58.34 (a)(10); 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 Subrecipient Agreement with Institute Foundation for Mental Health for 1994-95 and 1995-96 Cc Development Block Grant (CDBG) funds. The agreement is on file ir Clerk's Office. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, C onthe 13th day of August , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSTAIN: None ABSENT: None ATTEST: (Seal) I I e 0 AGREEMENT BETWEEN THE CITY OF CAKLSBAD AND WESTERN INSTITUTE FOUNDATION FOR MENTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS HEALTH FOR 1994-95 AND 1995-96 FEDERAL THIS AGREEMENT, made and entered into as of this /?* day of , 1996, by and between the CITY OF CARLSBAD, a niunicip; corporation, hereinafter referred to as "City", and WESTERN INSTITUTE FOUNDATION F01 MENTAL HEALTH, a non-profit organization, hereinafter referred to as "Subrecipient". d RECITALS WHEREAS, the City has the need to provide basic services related to food, shelter, health an clothing to low and moderate income households within Carlsbad; WHEREAS, the City has the need to provide assistance to organizations which help non-homeles persons with special needs, such as persons with handicaps; WHEREAS, the Subrecipient can provide one or more of these basic services for low an moderate income households and services which benefit non-homeless persons with special needs; WHEREAS, the City has received environmental clearance to release the funds for this projeci NOW, THEREFORE, in consideration of these recitals and the mutual covenants containe herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fund: in the amount of twenty five thousand dollars ($25,000) and thirty five thousand dollars ($35,00C in 1995-96 CDBG funds, for a total amount of sixty thousand dollars ($60,000), to the Subrecipier to assist with the costs associated with the purchase of Real Property. Upon acquisition of th property located at 999 South Cleveland Street in Oceanside California, also know as Assessor' Parcel Numbers 150-371-10 and 15, the facility will be used for Western Institute Foundation fc Mental Health's administrative offices and an Alzheimer's Day Care Center. Participation in th services provided will be available to Carlsbad residents. Every effort shall be made by the subrecipient to expend the allocated funds in their entirety b project by the noted date, the subrecipient shall request in writing, by December 31, 1996, a extension from the City for continued use of the funds on the approved project. Based on progre! made by the subrecipient towards completing the subject project, the City will either agree to gra the extension or notify the Subrecipient that the funds must be reallocated to another eligibl project due to slow project progress. December 31, 1996. If the Subrecipient will be unable to expend all of the funds allocated to th 1 0 0 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for acquisition costs related to thl purchase of Real Property located at 999 South Cleveland Street for the period beginning July 1 1995 and ending December 30, 1996. The reimbursements for costs shall not exceed a tota of $60,000. The City shall not provide any payments/reimbursements in advance of actua expenditures by the subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fo property acquisition costs. Each request for reimbursement shall include documentation to verif expenditure of funds are consistent with the project description/definition as approved by the Cit! Council. Prior to receiving reimbursement, the City will verify that the Subrecipient has met a1 applicable regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples o appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved by the Cit; Council and continue until the expiration date, or amended expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct resul of the use of federal CDBG funds for the program outlined within this agreement. All reportec program income may be retained by the Subrecipient for costs related to the subject progran 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 federai 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 t( provide the subject program as outlined in this agreement. Under this agreement, the City's onlj financial obligation to the Subrecipient is to provide CDBG funds in the amount of $60,00C maximum, as allocated by the City Council for program years 1994-95 and 1995-96 5. RECORDS AND REPORTS The Subrecipient shall maintain the following records and reports to assist the City in maintainin1 its record keeping requirements. The Subrecipient must maintain records that a minimum includes the following information: a. b. C. d. e. Documentation of the income level and/or age of persons and/or households participating in or benefitting from the Subrecipient's program; Documentation of the number of persons and/or households participating in the 01 benefitting from the Subrecipient's program; Documentation of all CDBG funds received from the City; Documentation of expenses as identified in the Budget; and Any such other related records as the City shall require. 2 0 0 The Subrecipient shall submit quarterly "Progress Reports" during the program year beginning Jul] 1, 1995 and ending December 31, 1996 within fifteen (15) calendar days of the end of ead sufficient information to assist the City in monitoring the subrecipient's performance. Th, quarter. 'The final progress report Is clue 110 later than January 15, 1997. The report must includl subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditures At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain separate accounting records for the federal CDBG funds providec by the City. The City, Federal Grantor Agency, Comptroller General of the United States, or an! of their duly-authorized representatives shall have access to all books, documents, papers an( records maintained by the Subrecipient which directly pertain to the above project for the purposc of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supportinj documents and statistical reports related to the project identified under this agreement unti December 31, 1999. All records subject to 3n audit finding must be retained for three (3) year: from the date the finding is made or until the finding has been cleared by appropriate officials an( the Subrecipient has been given official written notice. If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal year fron the City of Carlsbad and/or any other city or agency, the subrecipient is required to submit : Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall bl 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 thi period beginning July 1, 1995 and ending December 31, 1996 and is due not later than one yea after expiration of the agreement. The Subrecipient shall also be required to submit a second audi for the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for an: funds received in fiscal year 1996-97 per this Agreement. Total number of persons/households participating in the program during reported period Number of Carlsbad low/moderate income persons/households participating in th' program during the reporting period; Age and ethnic background of Carlsbad participants; Summary of program(s) provided to Carlsbad participants; and Total number of participants from Carlsbad. 6. PROGRAM REOUIREMENTS The Subrecipient shall adhere to the terms of the City's CDBG Application and Subrecipien Agreement and with assurances and agreements made, by the City, to the United State: Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as describe( in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements arc 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: 3 0 a a. The Subrecipient will not assume the City's environmental responsibilities as described i Section 570.604; and b. The Subrecipient will not assume the City's responsibility for initiating the review proces required under the provisions of Executive Order 12372 described at 570.612 of the Cod of Federal Regulations. 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 hereir 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. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, thj agreement may be suspended or terminated if the subrecipient fails to comply with any term(s) c the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.44 ( the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 9. 10. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG funds o hand at the time of expiration and any accounts receivable attributable to the use of CDBG fund: Any real property under the subrecipient's control that was acquired or improved in whole or i part with CDBG funds in excess of $25,000 shall either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder; regulations until five (5) years after termination or expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount of th current fair market value of the property less any portion of the value attributable f 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 th section. b) 11. HOLD HARMLESS AGREEMENT 4 0 0 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 0) 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 an( employees against any of the foregoing liabilities or claims of any kind and any cost/and expensc that is incurred by the City on account of any of the foregoing liabilities, including liabilities o 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 prio 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 of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othei funds, the Subrecipient shall obtain and maintain policies of general liability insurance and i combined policy of worker's compensation and employers liability insurance from an insurancc company authorized to do business in the State of California which meets the requirements of Citj 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 Manager This insurance shall be in force during the term of this agreement and shall not be canceled withou 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 furnish certificates of insurance to the City before commencement of work. 5 0 0 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the clay and year first written above. WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-profit organization, ATTEST: APPROVED AS TO FORM: (2. & RON BALL, CITY ATTORNEY 8- /+. $6. 6