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HomeMy WebLinkAbout1996-11-05; City Council; 13877; APPROVAL OF 1996-97 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS/ /=;- "1 i"- CITY OF CARLSBAD - AG 9 NDA BILL 0 APPROVAL OF 1996-97 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOMMENDED ACTION: Adopt Resolution No. 76 -36 Y Development Block Grant Funds. ITEM EXPLANATION: On April 16, 1996 and subsequently on June 19, 1996, the City Council selected the orgar receive federal Community Development Block Grant (CDBG) Entitlement funding for th program year. Prior to disbursing CDBG funding for the subrecipients, the City must COI appropriate environmental reviews and execute a written agreement for the various approved pr A subrecipient agreement with Heartland Human Relations Association has been prepar attached as Exhibit 2 for City Council review and approval at this time. Heartland Human Association will receive $3,880 in 1996-97 CDBG funds for the provision of a fair housing edu counseling program. Federal regulations for the CDBG program require the City to undertake Housing Planning activities. As required by federal regulations, staff has completed the required environmental review doc1 for Heartland Human Relations Association's Fair Housing Education and Counseling program. determined that the grant for this project is exempt from environmental review under 24 CF 58.34 (a)(9). The environmental review documentation for this project is on file in the Hoi Redevelopment Department. FISCAL IMPACT: No fiscal impact on the General Fund. This project will be funded through the CDBG program. to approve 1996-97 Subrecipient Agreement for federal ( 9 c0 -36 y approving the 1996-97 Subrecipient Agreement for fed€ 2. 1996-97 Subrecipient Agreement between the City of Carlsbad and Heartland Human Association. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 CITY COUNCIL RESOLUTION NO. 9 6 - 3 6 4 e A RESOLUTION QF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE CITY OF CARLSBAD'S 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, on April 16, 1996 and subsequently on June 19, 1996, the City Counci City of Carlsbad, California selected the programs to receive funding under the City's Community Development Block Grant (CDBG) Program; WHEREAS, the City Council of the City of Carlsbad, California has considered the I 1996-97 Community Development Block Grant subrecipient agreement with Heartland Relations Association for a fair housing education and counseling program; WHEREAS, the City has determined that this Community Development Block Grant activity 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 hereby approves the 1996-97 Community Developmen Grant Subrecipient Agreement, on file in the City Clerks office, with Heartland Relations AssociatiodFair Housing Education and Counseling Program. That the Mayor is authorized to sign the Community Development Block Subrecipient agreement on behalf of the City of Carlsbad. 3. PASSED, APPROVED AND ADOPTED by the City Council of the City of C: California, on the 5th day of NOVEMBER 1 1996, by the followin to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSTAIN: None ABSENT: None ATTEST: dTJ3AIAZAJT 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND HEARTLAND HUMAN RELATIONS AND FAIR HOUSING ASSOCIATION FOR 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 7th day of NOVEMBER 1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and HEARTLAND HUMAN RELATIONS AND FAIR HOUSING ASSOCIATION, a non- profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has applied for and received funds from the United States Governmenl 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 direct benefit to lower income persons through the provision or retention of affordable housing units within Carlsbad; 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 City has a need to affirmatively further fair housing; 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 Fair Housing Education and Counseling Program is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(3); ' 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 1996-97 Community Development Block Grant (CDBG) funds, in the amount of three thousand eight hundred eighty dollars ($3,880) to Heartland Human Relations and Fair Housing Association to provide a Fair Housing Education and Counseling Program through their administrative offices located at 47 10 Fourth Street, Suite 500, La Mesa, California. Consultant activities will include conducting seminars for owners, realtors, tenants and other develop, print and distribute literature on fair housing to public; monitor related legislation and provide information to the Housing and Redevelopment Department of the City of Carlsbad; provide consulting services to Housing and Redevelopment Staff on various fair housing issues; respond to inquiries related to fair housing from the public; and, process and resolve discrimination complaints received from Carlsbad residents. interested persons to increase community awareness and understanding of fair housing laws; 1 0 0 Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to the 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 project due to slow project progress. extension or notify the Subrecipient that the funds must be reallocated to another eligible 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs related to the provision of services for eligible residedcitizens of Carlsbad for the period beginning July 1, 1996 and ending June 30, 1997. 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 $3,880. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Sub recipient. 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 administered the Fair Housing Education and Counseling Program 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 descriptiorddefinition as approved by the City Council. Payroll records, receipts, paid invoices including an itemized statement of all costs are samples of 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. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, 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 to provide the subject program as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $3,880 maximum as allocated by the City Council for program year 1996-97. 2 e a 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. Suck records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives 01 the CDBG program; C. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of rea, property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. 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-1 10; 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, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of each quarter. The final progress report is due no later than July 15, 1997. The report must include sufficient infor nation 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: a. b. C. d. e. The Subrecipimt shall maintain client data demonstrating client eligibility for services provided. Sucli data shall include at the minimum client name, address, ethnicity, income level or other basis lor determining eligibility, and description of service provided. This data shall assist the Subre cipient in completing the required quarterly progress reports to be submitted to the City. g. Total number of person's/households participating in the program during reported period; Total niimber of participants from Carlsbad; Numbe + of low/moderate income Carlsbad persons/households participating in the prograri during the reporting period; Age and ethnic background of Carlsbad participants; Summary of program(s) provided to Carlsbad participants; and The Subrecipic nt shall maintain separate accounting records for the federal CDBG funds provided by thc 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 and records maintained by the Subrecipient which directly pertain to the above project for the purpose of audit, examination, excerpts and transcriptions. 3 a a 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 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. 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, 1996 and ending June 30, 1997 and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submit a second audit for she period covered under fiscal year beginning July 1, 1997 and ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement. Agreement. All records subject to an audit finding must be retained for three (3) years from 6. PROGRAM REQUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City's CDBG Application and Subrecipient Agreement and with assurances and agreements made, by the City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.502 of the federal regulations for the CDBG Program; the federal requirements 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 regulations as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirements of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City's environmental responsibilities as described 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. 4 a 0 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipien desires a change in the use of the CDBG funds following approval of this agreement, a writtet request must be submitted to the City for review by the Council. No change in use of thc CDBG 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 in thc 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, thi: agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s; of the award andlor the award is terminated for convenience. Section 24, Parts 85.43 anc 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thit agreement. 9. 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 CDBC funds. The Subrecipient shall be required to use any real property under the Subrecipient': control that was acquired or improved in whole or in part with CDBG funds in excess 01 $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. 5 e a Subrecipient agrees to defend, indemnify, ad save free and harmless the City and Its officers 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 or 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 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 other funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91403 in an insurable amount of not less than one million dollars ($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 without thirty (30) days prior writ'ten 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. 6 0 0 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as 01 the day and year first written above. HEARTLAND HUMAN RELATIONS AND FAIR HOUSING ASSOCIATION rnOD& XECUTIW DIRECTOR ATTEST: *&+p Z, CITY CLERK APPROVED AS TO FORM: ,---- KAREN R. KUNbTZ, A stant City Clerk Q. L RONALD R. BALL, CITY ATTORNEY //- 7- $6 7