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HomeMy WebLinkAbout1997-12-09; City Council; 14464; APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSOF 1997-98 SUBRECIPIENT AGREEMENT UNITY DEVELOPMENT BLOCK GRANT RECOMMENDED ACTION: Adopt Resolution No. 9 9 - 70 ? to approve 1997-98 Subrecipient Agreement for federal C Development Block Grant Funds. ITEM EXPLANATION: On April 1, 1997, the City Council selected the organizations to receive federal Community De Block Grant (CDBG) Entitlement funding for the 1997-98 program year. Prior to disbursing CDE for the subrecipients, the City must complete the appropriate environmental reviews and execut agreement for the various approved project(s). A subrecipient agreement with the Brother Benno Foundation has been prepared and is ai Exhibit 2 for City Council review and approval at this time. The Brother Benno Foundation u $3,000 in CDBG funds to provide basic life services such as food, clothing, and laundry facilit homeless and others in need through the Brother Benno Center for Human Development. As required by federal regulations, staff has completed the required environmental review docc: for the Brother Benno Center for Human Development. Staff has determined that the grant fort is exempt from environmental review under 24 CFR Section 58.34 (a)(4). The environmer documentation for this project is on file in the Housing and Redevelopment Department. FISCAL IMPACT: No fiscal impact on the General Fund. The Brother Benno Center for Human Development VI funding through the CDBG program. 7 9 - 3 o 7 approving the 1997-98 Subrecipient Agreement for fede 0 0 J 0 z 3 0 0 F a - I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 s 19 2 0 21 22 23 24 25 26 27 28 0 CITY COUNCIL RESOLUTION NO. 97-709 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 1, 1997, the City Council of the City of Carlsbad, California selec CITY OF CARLSBAD'S 1997-98 FEDERAL COMMUNITY DEVELOPMENT program to receive funding under the City's 1997-98 Community Development Block Grant (1 Program; WHEREAS, the City Council of the City of Carlsbad, California has considered the r subrecipient agreement with the Brother Benno Foundation for 1997-98 Community Developmen 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)(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 Blocl Subrecipient Agreement, on file in the City Clerk's office, with the Brother Foundation. 3. That the Mayor is authorized to sign the Community Development Block Subrecipient agreements on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Cl California, on the 9th day of December , 1997, by the followin to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSTAIN: None ABSENT: None AlTEST: (7 . ~ LLQLtX,g, i-;* ALETIIA L. KAUTENKRANZ, City Clerli C:C Reso No. 97-709 I 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BROTHER BENNO FOUNDATION FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to ai THIS AGREEMENT, made and entered into as of this I2+‘ day of o& ”City”, and BROTHER BENNO FOUNDATION, 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 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 meet the basic needs of lower income Carlsbad residents. Basic needs are defined as those which provide food, shelter, clothing and, in some cases, health care; and, WHEREAS, the Subrecipient can provide this basic service for low and moderate income households with some assistance from the City; and, WHEREAS, the City has determined that the Brother Benno Center for Human Development 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 funds Annual Consolidated Funding Strategy and Plan for Community Development Block Grant (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 ainouiit of three thousand dollars ($3,000) to tlie Subrecipient for operation of the Center for Human Deve[opment, offering such basic life services as food and clothing for the homeless and tlie near homeless, located at 3260 Production Avenue, 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. 1 e 0 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable cos1 related to the provision of services for eligible residents of Carlsbad for the term of th Agreement. The reimbursements for costs shall not exceed a total of $3,000. However, n of this Agreement. The balance due (remaining 10 percent) shall be paid upon final certificatic by the City that Subrecipient has administered the services and activities in compliance with a applicable Federal, state, and local rules and regulations governing these funds, and in a mannc satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information provided i Exhibit “B” and in accordance with performance. Subrecipient represents that the budge includes only allowable costs and an accurate analysis of costs applicable to the CDBG fund pursuant to 24 CFR Part 502. Subrecipient shall submit a “Request for Reimbursement” to the City for compensation c eligible and actual expenses incurred. The City shall not provide any payments/reimbursemenl in advance of actual expenditures by the Subrecipient. Subrecipient may request reimbursemenf anytime after this agreement is approved by the City Council and continue until the expiratio date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of funds at consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and wit all applicable Federal, state, and local rules and regulations governing these funds. Payro records, receipts, paid invoices including an itemized statement of all costs are samples o appropriate methods of reimbursement documentation. more than 90 percent of the total agreed upon compensation will be paid during the performanc 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a direct resul of the use of federal CDBG funds for the program outlined within this agreement. AI1 reportel program income may be retained by the Subrecipient for costs related to the subject progran activities. IHowever, the program income, retained by the Subrecipient, must be expended befor additional funds are requested from the City. The requirements are set forth in the federa 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 tj provide the subject program as outlined in this agreement. Under this agreement, the City’s onl; financial obligation to the Subrecipient is to provide the CDBG funds of $3,000 maximum a! allocated by the City Council for program year 1997-98. 5. RECORDS AND REPORTS The Subrecipient sliall maintain all records required by the Federal regulations specified in 21 CFR Part 570.506 that arc pertinent to the activities to be funded under this Agreement. Sucl records shall include but not be limited to: 2 0 e a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives of thr CDBG program; C. Records required to deteriniiie 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 regardinj acquisition, displacement, relocation, and replacement housing; f. Records documentiiig compliance with the fair housing and equal opportunity components oi tlie CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurred foi administration of each activity, and other financial records as required by 24 CFR Par 570.502, and OMB Circular A- 1 10; and, 11. Any other related records as the City shall require to demonstrate compliance wit! applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports'' within fifteen (1 5) calendar days o 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 satisfactory performance prior to reimbursement for expenditures. At a minimum, tlie 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 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 tlie 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 tlie appropriate officials and the Subrecipient has been given official written notice, whichever occurs later. Total number of personsihouseliolds participating in tlie program during reported period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persons/liouseholds participating in the program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 3 e 0 If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yea from the City of Carlsbad and/or any other city or agency, tlie Subrecipient is required to submi a Single Audit Report. AS required by the Federal Single Audit Act, the Subrecipient shall b required to submit, to the City, a comprehensive financial audit prepared by an independenl neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for th term of this Agreement 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 the following period coverec under fiscal year beginning July 1, 1998 and ending June 30, 1999 for any funds received ir 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 Federa Regulations, Part 570 (the Housing and Urban Development regulations concerning Coinmunit! Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City'! 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 of the CDBG Program Regulations, such as affirmatively furthering fair housing, labor standards (Davis Bacon Act), displacement, relocation and acquisition, anc employment and contracting opportunities, except that: a. Tlie 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 tlie review process required under the provisions of 24 Code of Federal Regulations Part 52. Tlie 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 fiinds by religious organizations, if applicable to this agreement and the approved project outlined herein. b. 7. CHANGES IN USE OF FUNDS Clianges in the use of CDBG funds must be approved by tlie City Council and the U.S. Department of IIUD. If the Subrecipient desires a change in the use of tlie 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. 4 0 e 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in thl 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, thir agreement may be suspended or terminated if tlie Subrecipient fails to comply with any term(s of tlie award and/or tlie award is terminated for convenience. Section 24, Parts 85.43 and 85.41 of the Code of Federal Regulations are set forth, by reference, as provisions of this agreement. 9. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at tlie time of expiration and any accounts receivable attributable to the use of CDBG funds. The Subrecipient shall be required to use any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $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 tlie current fair market value of the property less any portion of tlie value attributable to expenditures of non-CDBG funds for acquisition, or improvement to, the property. Reimbursement is not required after tlie period of time specified in paragraph (a) of this sect io ti. b) 11. MOLT) 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 itijuries 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 codand 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 fac i I i ty . 12. ASSTGNMENT OF AGREEMENT The Subrecipient slzall not assign this agreement or any monies due thereunder without tlie prior written consent of the City. 0 5 r e 0 I 13. SUCCESSORS OR ASSIGNS Subject (0 the provisions of this Subrecipient Agreement Paragraph 11, "Hold Hades Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each c the parties hereto, and each of their respective heirs, executors, administrators, successors, an ass i gns . 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othe funds, the Subrecipient shall obtain and maintain policies of general liability insurance and i combined policy of worker's compensation and employers liability insurance from an insuranci company authorized to do business in tlie State of California which meets the requirements o City Council Resolution No. 91-403 in an insurable amount of not less than one million dollar: ($ ~,ooo,ooo) each, uiiless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during tlie 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 WHEREOF tlie parties hereto have caused this agreement to be executed as of the day and year first written above. BROTI-IER BENNO'S FOUNDATION, a non-profit organization, , c .x id" - ,-< [<-!'/< L 1 c Lk. 2 L L rt'i L'f zp, : f the State of California ATTEST: ALETI-IA L. RAUTENKIUNZ, City clerk qfqL3 7 ' RONALD R. BALL, City Attorney 6 0 e EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: Subrecipient Name: Address: Project Description : Project Goals & Objectives: 1. CDBG funds will be used to fund the following activities in compliance with the project description outhed and in conformance with the Federal regulations for the CDBG program. July 1, 1997 to June 30, 1998 Brother Benno’s Foundation-Brother Benno Center for Human Development 3260 Production Avenue Oceanside CA 92054 Provision of shelter and/or supportive services to the homeless or near homeless. Brother Benno’s provides hot meals, sack lunches to go, day old bakery items and emergency food packs to the needy of the area. The process involves many people, much equipment and supplies. The food and supplies for which this grant money will be used is vital to the survival of approximately 2,300 families we serve. 2. Project objectives to be accomplished during the contract period: Approximately 175 hot meals and the same number of sack lunches are served 6 days a week at our center. Of these 20 (1 1%) are people who identifjr themselves as current or previous Carlsbad residents. The target number of Carlsbad households who benefit from our services during the year is approximately 253. These people also receive day old baked goods, emergency food packs, hot showers, haircuts, free clothing and connection with agencies that provide other needed services. 0 0 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UPDATED BUDGET Contract Terms July 1, 1997 to June 30, 1998 Subrecipient Name Address Project Descnption ORGANIZATION Brother Benno’s Foundation-Brother Benno Center for Human Development 3260 Production Avenue, Oceanside, CA 92054 Provision of shelter and or/supportive servies to the homeless or near homeless The Brother Benno Foundahon hc PROJECT The Brother Benno Center ESTIMATED EXPENDITURES OPERATING COSTS CDBG FUNDS OTHER FUNDS Salaries & Benefits $ 52,988 Supplies 19,189 Maintenance & Repairs 33,303 Utilities 36,647 Insurance 13,653 Transportation (Vehicles Maintenance) 19,653 Food & Food Preparation 24,404 Related Center Expenses 152,175 Contingency fbnd 10 % 25,000 TOTAL EXPENCE BUDGET $332,012 ESTIMATED REVENUE SOURCES City of Oceanside CDBG $ 15,000 City of Carlsbad CDBG 3,000 County or State (Specify) Federal Programs (Specify) Thrift Store 60,000 Contributions 27 1,000 Fund Raising 27,000 Other 1,012 TOTAL ESTIMATED REVENUE $332,012