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HomeMy WebLinkAbout1996-11-19; City Council; 13906; APPROVAL OF 1996-97 A SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSAPPROVAL OF 1996-97 A SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS DEPT.HD. - CITY ATTY. - CITYMGR. - 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 CITY COUNCIL RES0LU"ION NO. 9 6 - 3 8 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT FOR THE BLOCK GRANT PROGRAM WHEREAS, on April 16, 1996 and subsequently on June 19, 1996, the City Counci CITY OF CARLSBAD'S 1996-97 FEDERAL COMMUNITY DEVELOPMENT 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 1 subrecipient agreement with the County of San DiegoICarlsbad Care Crew Program for 1 Community Development Block Grant funds: 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 Clerk's office, with the Cc San Diego €or the provision of the Carlsbad Care Crew 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 19th day of NOVEMBER , 1996, by the followin to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSTAIN: None ABSENT: None ATTEST: 0 0 AGREEMENT BETWEEN THE CITY OP CAR~LSBAD AND COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH/MENTAL HEALTH SERVICES FOR 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 2 1 st day of NOVEMBER 1996, by and between the CITY OF CARLSBAD, ; municipal corporation, hereinafter referred to as "City", and COUNTY OF SAN DIEGO DEPARTMENT OF HEALTHIMENTAL HEALTH SERVICES, a public corporation, hereinafte 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 fund eligible activities which benefit persons of low and moderate income; 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 City has the need to provide assistance to organizations which administei programs that directly benefit low income adults with special needs living in Carlsbad; WHEREAS, the Subrecipient can provide one or more of these basic services for low anc moderate income households with some assistance from the City: and, WHEREAS, the City has determined that the provision of these services through the Carlsbac Care Crew is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9); NOW, THEREFORE, in consideration of these recitals and the mutual covenants containec 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 two thousand nine hundred and ten dollars ($2,910) to the Subrecipient fol operation of the Carlsbad Care Crew Program. The Carlsbad Care Crew Program will provide home improvement and personal assistance to low-income senior citizens to promote independent living and employ North Coastal County Mental Health clients to provide suck services, through the Subrecipient's administrative office located at 2775 Carlsbad Boulevard ir Carlsbad, California. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety bq June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to tht project by the noted date, the Subrecipient shall request an extension from the City fol 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. 1 0 0 2, DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrative costs related t the provision of services for eligible residentskitizens of Carlsbad for the period beginning Jul 1, 1996 and ending June 30, 1997. Payment for eligible administrative expenses shall be mad 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 $2,910. The Cit shall not provide any payments/reimbursements in advance of actual expenditures by th Sub recipient. The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc program administration costs. Prior to receiving reimbursement, the City will verify that thc Subrecipient has administered and implemented the Carlsbad Care Crew Program ii compliance with all applicable Federal, state, and local rules and regulations governing thesc funds, and in a manner satisfactory to the City. Each request for reimbursement shall include documentation to verify expenditure of funds an consistent with the project description/definition as approved by the City Council. Payrol appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved by thc City Council and continue until the expiration date, or amended expiration date, of thi agreement. records, receipts, paid invoices including an itemized statement of all costs are samnQles o 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direc result of the use of federal CDBG funds for the program outlined within this agreement. AI reported program income may be retained by the Subrecipient for costs related to the subjec program activities. However, the program income, retained by the Subrecipient, must bt expended before additional funds are requested from the City. The requirements are set fort! 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 necessar) 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 $2,910 maximun as allocated by the City Council for program year 1996-97. 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. b. Records providing a full description of each activity undertaken; Records demonstrating each activity undertaken meets on of the National Objectives o the CDBG program; 2 0 0 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 opportunit! components of the CDBG program; f. Documentation of all CDBG funds received from the City, eligible expenses incurrec for administration of each activity, and other financial records as required by 24 CFE Part 570.502, and OMB Circular A-1 10; 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 beginnini July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eacf quarter. The final progress report is due no later than July 15, 1997. The report must includt sufficient information to assist the City in monitoring the Subrecipient's performance. Tht Subrecipient must demonstrate satisfactory performance prior to reimbursement fo expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. 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 the City. The Subrecipient shall maintain separate accounting records for the federal CDBG fund: provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unitec 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 thc 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. 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 g- Total number of persondhouseholds participating in the program during reportec period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/households participating in thc program during the reporting period: Age and ethnic background of Carlsbad participants; Summary of program(s) provided to Carlsbad participants; and assist the Subrecipient in completing the required quarterly progress reports to be submitted tc 3 e 0 shall be required to submit, to the City, a comprehensive financial audit prepared by a1 independent, neutral third-party auditor. The audit shall cover financial operations of tht Subrecipient for the period beginning July 1, 1996 and ending June 30, 1997 and is due no later than one year after expiration of the agreement. The Subrecipient shall also be required tc submit a second audit for the period covered under fiscal year beginning July 1, 1997 an( ending June 30, 1998 for any 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 Federa Regulations, Part 570 (the Housing and Urban Development regulations concernin; Community Development Block Grants). The Subrecipient also agrees to adhere to the term of the City's CDBG Application and Subrecipient Agreement and with assurances ant agreements made, by the City, to the United States Department of Housing and Urbai Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements a: described in Section 570.502 of the federal regulations for the CDBG Program; the federa 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 anc 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 describec in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the revieq process required under the provisions of Executive Order 12372 described at 570.61: of the Code of Federal Regulations. 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 Subrecipient desires a change in the use of the CDBG funds following approval of this agreement, a writter 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. 7. 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. 4 e e 9. 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 and/or the award is terminated for convenience. Section 24, Parts 85.43 an( 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of thi agreement, 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG find on hand at the time of expiration and any accounts receivable attributable to the use of CDB( 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 o $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the federa 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 thc 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 fines, or any damage to goods, properties, or effects of any person whatsoever, nor foi personal injuries or death caused by, or claimed to have been caused by, or resulting from, an! 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 officer: and employees against any of the foregoing liabilities or claims of any kind and any cost/anc 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 projecl 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 1 1, "Hold Harmles: Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each 01 the parties hereto, and each of their respective heirs, executors, administrators, successors, anc assigns. 5 0 a E 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe funds, the Subrecipient shall obtain and maintain policies of general liability insurance and ; combined poIicy 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 o 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 Cite Manager. 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 shal furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as o the day and year first written above. COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH/MENTAL HEALTH SERVICES, a public corporation, GA $& bkl &tu( /4iA Lh ov& ‘Ch he State of California -- &GZ7Gw~-~3ii7W~~~~, MAY~~ ., ATTEST: NZ, CITY CLERK KAREN R. KUNDTZ, Assistant City Clerk APPROVED AS TO FORM: iz Ta-za2.e RONALD R. BALL, CITY ATTORNEY // Lo -76, 6