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HomeMy WebLinkAbout1996-12-17; City Council; 13963; APROVAL OF 1996-97 SUBRECIPIENT AGREEMENT AND AMENDMENT OF A 1994-95 AND 1995-96 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVLOPMENT BLOCK GRANT FUNDSF- ,q f- ’ r /’ ’ ‘ I %Y OF CARLSBAD - AGEN !? A BILL AGREEMENT AND AMENDMENT OF A 1994-95 AND RECOMMENDED ACTION: Adopt Resolution No. q 6 - 4 3 3 to approve a Subrecipient Agreement for 1996-97 ( Development Block Grant (CDBG) funds and amend an existing Subrecipient Agreement for 1 I 1995-96 CDBG funds with Western Institute Foundation for Mental Health. ITEM EXPLANATION: On April 16, 1996 and subsequently on June 19, 1996, the City Council selected the organ receive federal Community Development Block Grant (CDBG) Entitlement funding for th. program year. Prior to disbursing CDBG funding for the subrecipients, the City must cor appropriate environmental reviews and execute a written agreement for the various approved pr A subrecipient agreement with Western Institute Foundation for Mental Health has been prepa attached as Exhibit 2 for City Council review and approval at this time. Western Institution Foul Mental Health will receive $24,000 in 1996-97 CDBG funds for acquisition of real property foca Civic Center Drive in Oceanside. Upon acquisition of this property, the facility will be used fc Institute Foundation’s administrative offices and an Alzheimer’s Day Care Center. Additionally, on August 19, 1996, the City executed a Subrecipient Agreement with Wester, Foundation for Mental Health for a total of $60,000 in 1994-95 and 1995-96 Community Del Block Grant funds for the acquisition of real property located at 999 S. Cleveland Street in O( Western Institute Foundation was not able to acquire this site. An amendment to the SL Agreement for 1994-95 and 1995-96 CDBG funds for the acquisition of real property located at Center Drive in Oceanside has been prepared and is attached as Exhibit 3. As required by federal regulations, staff has completed the required environmental review docu for acquisition of real property located at 602 Civic Center Drive in Oceanside. Staff has deter1 the grant for this project 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 FISCAL IMPACT: No fiscal impact on the General Fund. This project will be funded through the CDBG program. 1994-95 and 1995-96 Subrecipient Agreement with Western Institute Foundation for Mental federal CDBG funds. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4. 25 26 27 28 0 CITY COUNCIL RESOLUTION NO. 9 6 - 4 3 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBUCIPIENT AGREEMENT WITH VVESTEFW INSTITUTE FOUNDATION FOR MENTAL HEALTH FOR THE BLOCK GRANT (CDBG) PROGRAM AND AMENDMENT OF A SUBRECIPIENT AGREEMENT WITH WESTERN INSTITUTE FOUNDATION CITY OF CARLSBAD’S 1996-97 FEDERAL, COMMUNITY DEVELOPMENT FOR MENTAL HEALTH FOR THE CITY OF CARLSBAD’S 1994-95 AND 1995-96 CDBG PROGRAM WHEREAS, on April 16, 1996 and subsequently on June 19, 1996, the City Council City of Carlsbad, California selected the programs to receive funding under the City’s 1 Community Development Block Grant (CDBG) Program; WHEREAS, the City Council of the City of Carlsbad, California has considered the r subrecipient agreement for 1996-97 Community Development Block Grant funds with Western 1 Foundation for Mental Health for the acquisition of real property located at 602 Civic Center C Oceanside for the Alzheimer’s Day Care Center; WHEREAS, the City of Carlsbad, California has executed a subrecipient agreement foi 95 and 1995-96 Community Development Block Grant funds with Western Institute Foundat Mental Health for the acquisition of real property located at 999 South Cleveland Street in Oc for the Alzheimer’s Day Care Center; WHEREAS, Western Insitute Foundation for Mental Health was unable to acquire the p located at 999 South Cleveland Street in Oceanside: WHEREAS, the City has determined that the acquisition of real property located at 60: Center Drive in Oceanside with federal Community Development Block Grant funds is exem1 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. That the above recitations are true and correct. 2. That the City Council hereby approves the 1996-97 Community Developmeni Grant Subrecipient Agreement, on file in the City Clerk’s office, with Western I Foundation for Mental Health for the acquisition of real property located at 60 1 I 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s 0 e Center Drive in Oceanside for its administrative offices and the Alzheimer’s D; Center. 3. That the City Council hereby amends the 1994-95 and 1995-96 Con Development Block Grant Subrecipient Agreement, on file in the City Clerk’s with Western Institute Foundation for Mental Health €or the acquisition of real F located at 602 Civic Center Drive in Oceanside for its administrative offices Alzheimer’s Day Care Center. 4. That the Mayor is authorized to sign the Community Development Block Subrecipient agreement on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of C; California, on the 17th day of December, 1996 , by the followir to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSTAIN: None ABSENT: None ATTEST: 2 .~, 0 0 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH FOR 1994-95 and 1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS FIRST AMENDMENT to the original Agreement (City of Carlsbad City Council Agenda Bill No. 13,770 and Resolution No.96-278) is made and entered into as of this 20th day of DECEMBER. 1996 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide basic services related to food, shelter, health and clothing to low and moderate income households within Carlsbad; WHEREAS, the City has the need to provide assistance to organizations which help non-homeless persons with special needs, such as persons with handicaps; WHEREAS, the City has determined that Western Institute Foundation for Mental Health's purchase of real property located at 602 Civic Center Drive in Oceanside for the purpose of providing a Alzheimer's Day Care Center is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)( IO); NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Subrecipient agree to amend the original agreement by amending Paragraphs 1 and 2 as follows: L 1. STATEMENT OF WORK The City has allocated federal 1994-95 Community Development Block Grant (CDBG) funds, in the amount of twenty five thousand dollars ($25,000) and thirty five thousand dollars ($35,000) in 1995-96 CDBG funds, for a total amount of sixty thousand ($60,000), to the Subrecipient to assist with the costs associated with the purchase of Real Property. Upon acquisition of the property located at 602 Civic Center Drive in Oceanside California, the facility will be used for Western Institute Foundation for Mental Health's administrative offices and an Alzheimer's Day Care Center. Participation in the services provided will be available to Carlsbad residents. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 1997. If tlie Subrecipient will be unable to expend all of the funds allocated to the project by the rioted date, the Subrecipient shall request in writing, by June 30, 1997, an extension from the City for continued Use of the funds on the approved project. Based on progress madc by the Subrecipient towards completing the subject project, the City will eillier agree to grant the extension or notify the Subrecipicnr that the funds must be rcallocatcd to another eligible project due to slow 0 a project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for acquisition costs related to the purchase of Real Property located at 602 Civic Center Drive for the costs shall not exceed a total of $60,000. The City shall not provide any payments/reimbursements in advance of actual expenditures by the Subrecipient. IN WITNESS WHEREOF the parties hereto have caused this amendment to be period beginning July 1, 1995 and ending June 30, 1997. The reimbursements for executed as of the day and year first written above. WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-profit organization, -1 fi>m//*dA u ate of California ATTEST: i A& A-A ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: L.17c Gum2 RON BALL, CITY ATTORNEY yhy?c, 0 0 .,: AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH FOR 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 2 0 t h day of DECEMBER 1996 I by and between the CITY OF CARLSBAD, a municir corporation, hereinafter referred to as "City", and WESTERN INSTITUTE FOUNDATION FC MENTAL HEALTH, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WIWREAS, tlie City has tlie need to provide basic services related to food, shelter, health a1 clothing to low and moderate income households within Carlsbad; WHEREAS, the City has the need to provide assistance to organizations which help no homeless persons with special needs, such as persons with handicaps; WIjEREAS, the City has determined that Western Institute Foundation for Mental Health a Alzheimer's Day Care Center is exempt from environmental review under 24 CFR Part 58, Sectic 58.34(a)( 10); purchase of real property located at 602 Civic Center Drive in Oceanside for the purpose of providil NOW, THEREFORE, in consideration of these recitals and the mutual covenants containc herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1996-97 Community Development Block Grant (CDBG) fundi in the amount of twenty four thqusand dollars ($24,000) to the Subrecipient to assist with tI. costs associated with the purchase of Real Property. Upon acquisition of the property locate at 602 Civic Center Drive in Oceanside California, the facility will be used for Wester Institute Foundation for Mental Health's administrative offices and an Alzheimer's Day Cat Center. Participation in the services provided will be available to Carlsbad residents. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety t June 30, 1997. If the Subrecipient will be unable to expend all of the funds allocated to ti project by the noted date, the Subrecipient shall request in writing, by June 30, 1997, 2 extension from the City for continued use of the funds on the approved project. Based c progress made by the Subrecipient towards completing the subject project, the City will eithc agree to grant the extension or notify the Subrecipient that the funds must be reallocated another eligible project due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for acquisition costs related to th purchase of Real Property located at 602 Civic Center Drive for the period beginning July J 1996 and ending June 30, 1997. 'I'he reimt)ul-sements for costs shall riot exceed a total c $24,000. 'I'he City shall not provide any payments/reimburseiiieIits in advance of actu: expenditures by the Subrecipicnl. I r e e The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc property acquisition costs. Each request for reimbursement shall include documentation t verify expenditure of funds are consistent with the project description/definition as approved b the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipier has met all applicable regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all costs are samplt of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement is approved by tt City Council and continue until the expiration date, or amended expiration date, of th agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direr result of the use of federal CDBG funds for the program outlined within this agreement. A 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 t expended before additional funds are requested from the City. The requirements are set for1 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 CDBG funds in the amount ( $24,000 maximum, as allocated by the City Council for program year 1996-97. 5. RECORDS AND REPORTS ; The Subrecipient shall maintain the following records and reports to assist the City ' maintaining its record keeping requirements. The Subrecipient must maintain records that a minimum includes the following information: a. Documentation of the income level and/or age of persons and/or householc participating in or benefiting from the Subrecipient's program; b. Documentation of the number of persons and/or households participating in the ( benefiting from the Subrecipient's program; C. Docurnentation of all CDBG funds received from the City; d. Documentation of expenses as identified in the Budget; and e. Any such other related records as the City shall require. The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnir July 1, 1996 and ending June 30, 1997 within fifteen (15) calendar days of the end of eac quarter. 'l'he final progress report is due no later than July 15, 1997. 'The report must incluc sufficicnt inforination to assist the Ciry iii inonitoring the Subrecipient's performance. TI ex pe ntl i I II r'es Sulmxipieiit iiiusl denionstrate saris1;tclorp perf'ormance prior io ~C~l~bUrSCillCJlt fc 2 I 0 0 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 func provided by the City. The City, Federal Grantor Agency, Comptroller General of the Unite States, or any of their duly-authorized representatives shall have access to all book: documents, papers and records maintained by the Subrecipient which directly pertain to tt above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial record: supporting documents and statistical reports related to the project identified under th agreement for a period of three (3) years after the termination of all activities funded under th Agreement. All records subject to an audit finding must be retained for three (3) years fro] 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 ye: from the City of Carlsbad and/or any other city or agency, the Subrecipient is required 1 submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipiei shall be required to submit, to the City. a comprehensive financial audit prepared by a independent, neutral third-party auditor, The audit shall cover financial operations of ti Subrecipient for the period begiiining July 1, 1996 and ending June 30, 1997 and is due IX later than one year after expiration of the agreement. The Subrecipient shall also be required 1 submit a second audit for the period covered under fiscal year beginning July 1, 1997 ar ending June 30, 1998 for any funds received in fiscal year 1997-98 per this Agreement. Total number of persons/households participating in the program during reporte period; Number of Carlsbad low/moderate income persons/households participating in tk 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 REQUIREMENTS The Subrecipient shall adhere to the terms of the City's CDBG Application and Subrecipiei Agreement and with assurances and agreements made, by the City, to the United Statc Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirements : described in Section 570. SO2 of the federal regulations for the CDBG Program; the feder requirements are set forth, by reference, as a provision of this agreement. The Subrecipient sliall carry out all activities in compliance with all Federal laws ar requirements of the CDBG 1)rograiii Regulalions, excepl that: a. regulations as described in Subpal-( K. siicli as labor standards (Davis Bacon Act), fair liousir 'Tlie Subrecipieiit will not xsunie [lie City 's environniental responsibilities as describc in Seclioii 570.004: and 3 0 e *I b. The Subrecipient will not assume the City's responsibility for initiating the reviei process required under the provisions of Executive Order 12372 described at 570.61: of the Code 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 outline 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 tlie City for review by the Council. No change in use of th 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 th provision of services and the equal opportunity employment of personnel. SUSPENSION AND TERMINATION OF AGREEMENT 9. In accordance with Section 24, Parts 85.43 and XS.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 an 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of th agreement. 10. REVERSION OF ASSETS Upon expiration of tlie agreement, the Subrecipient shall transfer to the City any CDBG fun( on hand at the time of expiration and any accounts receivable attributable to the use of CDBl funds. Any real property under the Subrecipient's control that was acquired or improved j whole or in part with CDBG funds in excess of $25,000 shall either be: a) llsed 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, Disposcxi of in a manner that results in the City being reimbursed in the amount of tf current fair market value of the property less any portion of the value attributable 1 expenditures of noli-CDBG funds for acquisition, or improvement to, the property. Ileinibursemcnt is not required after the period of time specified in paragraph (a) of th section. b) 4 * e 'I ,. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penaltie fines, or any damage to goods, properties, or effects of any person whatsoever, nor fc personal injuries or death caused by, or claimed to have been caused by, or resulting from, ar intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's ageni 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 office and employees against any of the foregoing liabilities or claims of any kind and any cost/ai expense that is incurred by the City on account of any of the foregoing liabilities, includii liabilities or claims by reason of alleged defects in any plans and specifications for the proje or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without t: prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmle the parties hereto, and each of their respective heirs, executors, administrators, successors, ai assigns. 14. INSURANCE Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or 0th funds, the Subrecipient shall obcain 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 dolla ($1,000,000) each, unless a lower amount is approved by the City Attorney or the CI Manager. 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. furnish certificates of insurance to the City before commencement of work. The Subrecipient sh 5 e 8 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as ( the day and year first written above. WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-profit organization, (. --L A ATTEST! &14 RL-lzzkh- ALETHA L. RAUTENKRANZ, CITY CLERK \ APPROVED AS TO FORM: - Q L7 RON BALL, CITY ATTORNEY /2--jq% , 6