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HomeMy WebLinkAbout1997-10-07; City Council; 14365; APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS* + rTi k -4 Gz x*,- '.L 2- *E Pr, 7," hm P 2 0 F 0 J 0 2 3 0 0 a - 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. 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 27 28 !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. I .. 0 * 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 2 a I '* 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 3 0 * *' .. 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, 4 a * VI 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. 5 0 1, 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: 6 8 a .‘ 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 7 a b 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: 8