HomeMy WebLinkAbout1997-10-07; City Council; 14365; APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS*
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2, 1 e qITY OF CARLSBAD - AGEhdA BILL IA
AB# 14; 36 5 TITLE: DEPT. HD. &
APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR
MTG. /od '7- 9 7 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CITY ATTY. -
DEPT. HIRED CITY MGR. z <-
RECOMMENDED ACTION:
Adopt Resolution No. 9 9 - c;1 b @
federal Community Development Block Grant funds.
ITEM EXPLANATION:
On April 1, 1997, the City Council selected the organizations to receive federal Cc
Development Block Grant (CDBG) Entitlement funding for the 1997-98 program year.
disbursing CDBG funding for the subrecipients, the City must complete the ap
environmental reviews and execute a written agreement for the various approved project
Subrecipient agreements with two subrecipients have been prepared and are attached i
2 for City Council review and approval at this time. The following subrecipients wil
CDBG funds for activities to benefit low and moderate income Carlsbad residents:
- Women's Resource Center Alternatives to Abuse Shelter - Heartland Human Relations Association Fair Housing Education & Counseling !
AS required by federal regulations, staff has completed the required environmentz
documentation for the above CDBG funded projects. Staff has determined that the g
these projects are exempt from environmental review under 24 CFR Section 58.34 (a)
environmental review documentation for these projects are on file in the Hous
Redevelopment Department.
FISCAL IMPACT:
No fiscal impact on the General Fund. All of the projects will be funded through tht
CDBG program.
EXHIBITS:
1. Resolution No. 9 3 Jb/b
to approve 1997-98 Subrecipient Agreen-
<
approving the 1997-98 Subrecipient Agreements fo
CDBG funds.
2. 1997-98 Subrecipient Agreements.
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!P e CITY OUNCIL RESOLUTION NO. 97-616
A RESOLUTION OF THE CITY COUNCIL OF THE CJTY OF CARLSBAD,
CALIFORNIA, APPROVIGN SUBRECIPIENT AGREEMENTS FOR THE CITY
GRANT PROGRAM
WHEREAS, on April 1, 1997, the City Council of the City of Carlsbad, California selected
programs to receive funding under the city’s 1997-98 community Development Block Grant (CDB(
OF CARLSBAD’S 1997-98 FEDERAL COMMUMTY DEVELOPMENT BLOCK
Program;
WHEREAS, the City Council of the City of Carlsbad, California has considered the require
subrecipient agreements for 1997-98 Community Development Block Grant funds;
WHEREAS, the City has determined that these Community Development Block Grant fund
activities are exempt from environmental review under 24 CFR Section 58.34 (a)(4); 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 1997-98 Community Development Block Gr:
Women’s Resource CentedAlternatives to Abuse Shelter; and Heartland Human Relatic
Associatioflair Housing Education and Counseling Program.
3. That the Mayor is authorized to sign the Community Development Block Grant Subrecil
Agreements on behalf of the City of Carlsbad.
Subrecipient Agreements, on file in the City Clerk’s office, for the following organizatic
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carlsbad,
California, on the 7th day of October , 1997, by the following vote, to wi
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
bd& 4- 5-2-
ALETHA L. RAUTENKRANZ, City Clerk
CCRESONO. 97-616 1
0
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
WOMEN’S RESOURCE CENTER FQR 1997-98
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 14th day of OCTOBER 1997 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
“City”, and WOMEN’S RESOURCE CENTER, a non-profit organization, hereinafter referred to as
“Subrecipient“.
RECITALS
WHEREAS, the City has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 as
amended to fund eligible activities which benefit persons of low and moderate income; and,
WHEREAS, the City has the need to provide assistance to non-profit public service providers
who offer shelter or services to homeless or near homeless persons/families or counseling and self-
improvement programs/activities for lower income Carlsbad residents; and,
WHEmAS, the Subrecipient can provide these basic services for low and moderate income
households with some assistance from the City; and,
WHEREAS, the City has determined that the shelter and supportive services offered by
Women’s Resource Center is exempt from environmental review under 24 CFR Part 58, Section
58.34(a)(4); and,
WHEREAS, the U.S. Department of Housing and Urban Development has approved the
City’s Annual Consolidated Funding Strategy and Plan for Community Development Block Grant
funds (hereinafter referred to as the “Annual Consolidated Plan”).
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 1997-98 federal Community Development Block Grant (CDBG) funds,
in the amount of four thousand dollars ($4,000) to the Subrecipient for provision of a shelter
and supportive services for victims of domestic violence through their administrative offices
located at 1963 Apple Street, Oceanside, California for the period beginning July 1, 1997 and
ending June 30, 1998. The Subrecipient agrees to use all federal funds provided by the City to
the Subrecipient pursuant to the provisions of this Agreement, the Scope of Work, attached
hereto as Exhibit “A”, and in accordance with the terms of the Annual Consolidated Plan.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by
June 30, 1998. 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 extension or
notify the Subrecipient that the funds must be reallocated to another eligible activity due to slow
project progress.
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable cost:
related to the provision of services for eligible residents of Carlsbad for the term of thii
Agreement. The reimbursements for costs shall not exceed a total of $4,000. However, nc
more than 90 percent of the total agreed upon compensation will be paid during tht
performance of this Agreement. The balance due (remaining 10 percent) shall be paid upon
final certification by the City that Subrecipient has administered the services and activities in
compliance with all applicable Federal, state, and local rules and regulations governing these
funds, and in a manner satisfactory to the City.
Payment for eligible expenses shall be made in accordance to budget information provided ir
Exhibit "B" and in accordance with performance. Subrecipient represents that the budge1
includes only allowable costs and an accurate analysis of costs applicable to the CDBG fund5
pursuant to 24 CFR Part 502.
Subrecipient shall submit a "Request for Reimbprsement" to the City €or compensation of
eligible and actual expenses incurred. The City shall not provide any paymentsheimbursements
in advance of actual expenditures by the Subrecipient. 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.
Each request for reimbursement shall include documentation to verify expenditure of funds are
consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and with
all applicable Federal, state, and local rules and regulations governing these funds. Payroll
records, receipts, paid invoices including an itemized statement of all costs are samples of
appropriate methods of reimbursement documentation.
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 Section 570.504 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 $4,000 maximum
as allocated by the City Council for program year 1997-98.
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. Such
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 of the
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CDBG program;
c. Records required to determine the eligibility of activities;
d. Records demonstrating compliance with Section 570.505 regarding change of use of rea
property acquired or improved with CDBG assistance;
e. Records demonstrating compliance with the requirements in Section 570.606 regardin1
acquisition, displacement, relocation, and replacement housing;
f. Records documenting compliance with the fair housing and equal opportunity component
of the CDBG program;
g. 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 Parl
570.502, and OMB Circular A-1 10; and,
appricable Federal, state, and local rules and regulations governing these funds.
h. Any other related records as the City shall require to demonstrate compliance with
The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar days oj
the end of each quarter for the full term of this Agreement. The final progress report is due nc
later than July 15, 1998. The report must include sufficient information to assist the City ir
monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfactor)
performance prior to reimbursement for expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
C.
d.
Total number of persons/households participating in the program during reported
Feriod;
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; and, e. Summary of program(s) provided to Carlsbad participants.
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
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 four (4) years after the termination of all activities funded under this
Agreement. All records subject to litigation, claims, audit findings, negotiations, or other
actions must be retained for four (4) years from the date such action commenced or until
completion of the action and resolution of all issues by the appropriate officials and the
Subrecipient has been given official written notice, whichever occurs later.
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
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submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipien
shall be required to submit, to the City, a comprehensive financial audit prepared by I
independent, neutral third-party auditor. The audit shall cover financial operations of thc
Subrecipient for the term of this Agreement and is due not later than one year after expiratior
of the agreement. The Subrecipient shall also be required to submit a second audit for thc
following period covered under fiscal year beginning July 1, 1998 and ending June 30, 199!
for any funds received in fiscal year 1998-99 per this Agreement.
6. PROGRAM REQUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
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 anc
agreements made, by the City, to the United States Department of Housing and Urbar
Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements ai
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 and
regulations as described in Subpart K of the CDBG Program Regulations, such as affirmatively
furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and
Regulations, Part 570 (the Housing and Urban Development regulations concernin?
acquisition, and employment and contracting opportunities, 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 24 Code of Federal Regulations Part 52.
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 and the U.S.
Department of HUD. 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.
b.
7.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the
provision of services and the equal opportunity employment of personnel,
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9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 854 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 anc
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 fund:
on hand at the time of expiration and any accounts receivable attributable to the use of CDBG
control that was acquired or improved in whole or in part with CDBG funds in excess oj
$25,000 to either be:
a)
funds. The Subrecipient shall be required to use any real property under the Subrecipient':
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 the
current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG hnds 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.
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 cost/and
liabilities or claims by reason of alleged defects in any plans and specifications for the project
or facility.
expense that is incurred by the City on account of any of the foregoing liabilities, including
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.
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I 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 policy of worker's compensation and employers liabirity insurance from an insurancf
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 CiQ
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 shall
furnish certificates of insurance to the City before commencement of work.
IN WITNESS WHXREOF the parties hereto have caused this agreement to be executed as 01
the day and year first written above.
WOMEN'S RESOURCE CENTER, a non-profit organization,
m- &&
tate of California
ATTEST: 2 (n
n .( .4 - ALETHA L. RAUTENKRANZ, City Clerk \
APPROVED AS TO FORM:
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EXIHIBT “A”
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SCOPE OF WORK
Contract Term: July 1, 1997 to June 30, 1998
Subrecipient Name: WOMEN’S RESOURCE CENTER
Address: 1963 Apple Street
Oceanside CA
Operation of a shelter and supportive services for women and children who a
victims of domestic violence.
Project Description:
Project Goals & Objectives: (Please Attach Additional Sheets As Necessary.)
1. CDBG funds will be used to fund the following activities in compliance with the project descriptic
outlined and in conformance with the Federal regulations for the CDBG program: (Please specify
CDBG funds will be used to fund costs associated with staffing, rents, utilities, supplies, etc.)
Community Developement Block Grants funds will be used to prov
shelter staffing, augmenting other funding.
2 I Project objectives to be accomplished during the contzact period: (Please describe the specific services I
activities to be provided to low/rnoderate income CarLsbad residents with the CDBG finds awarded. If applicabte, ptea
provide a target objective for the number of persondhouseholds to benefit from the Subrecipient‘s services/project.)
Women’s Resource Center will provide low/moderate income Carls’
residents threatened or victimized by domestic violence with
safe shelter and supportive services.
3. Project objectives performance measures:
a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelopme
Department on the CDBG Quarterly Performance Report form as provided.
b. Maintain records, invoices, and relevant statistics supporting the quarterly reports.
c. Provide a final performance report, including an evaluation report of the program’s success j
meeting established goals, to the City of Carlsbad Housing and Redevelopment Departmei
form as provided.
d. Provide notification to the City of any audits or investigations including results, finding
and/or liens.
within 15 days of termination of the contract date on the CDBG Annual Performance Repo
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EXIHIBT “B”
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET
Contract Term: July 1, 1997 to June 30, 1998
Subrecipient Name; WOMEN’S RESOURCE CETER
Address: 1963 Apple Street
Oceanside CA
Operation of a shelter and supportive services for women and children who arc
victims of domestic violence.
Project Description:
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