HomeMy WebLinkAbout1998-07-21; City Council; 14772; 1997-1998 Community Development Block Grant Funds- - s
CITY OF CARtSBAD - AGEhA BILL w-
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MTG. 3 *sf - 56 APPROVAL OF 1997-98 SUBRECIPIENT AGREEMENT
FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS nFPT- HlRFn
RECOMMENDED ACTION:
Adopt Resolution No. 9kw- to approve a 1997-98 Subrecipient Agreement with Catholic
Charities for federal Community Development Block Grant Funds.
ITEM EXPLANATION:
On April 1, 1997, the City Council selected the organizations to receive federal Community Development
Block Grant (CDBG) Entitlement funding for the 1997-98 program year. Prior to disbursing CDBG funding
for the subrecipients, the City must complete the appropriate environmental reviews and execute a written
agreement for the various approved project(s).
A subrecipient agreement with Catholic Charities has been prepared and is attached as Exhibit 2 for City
Council review and approval at this time. Catholic Charities will receive $40,000 in CDBG funds for the
repair and renovation of La Posada de Guadalupe Homeless Shelter for Men.
As required by federal regulations, staff has completed the required environmental review documentation
for the above CDBG funded project. Staff has determined that the grant for this project is exempt from
environmental review under 24 CFR Section 58.35 (a)(3). The environmental review documentation for
this project is on file in the Housing and Redevelopment Department.
FISCAL IMPACT:
~ No fiscal impact on the General Fund. The project will be funded through the CDBG program.
EXHIBITS:
1. Resolution No. 98 -A4 !2- approving the 1997-98 Subrecipient Agreement with Catholic
Charities for federal CDBG funds.
2. 1997-98 Subrecipient Agreement.
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CITY COUNCIL RESOLUTION NO. 98-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT WITH
CATHOLIC CHARTIES FOR THE CITY OF CARLSBAD’S 1997-98 FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, on April 1, 1997, the City Council of the City of Carlsbad, California selected the
programs to receive funding under the City’s 1997-98 Community Development Block Grant (CDBG)
Program;
WHEREAS, the City Council of the City of Carlsbad, California has considered the required
subrecipient agreement with Catholic Charities for 1997-98 Community Development Block Grant
funds;
WHEREAS, the City has determined that this Community Development Block Grant funded
activity is exempt from environmental review under 24 CFR Section 58.35 (a)(3); and,
I 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 Grant
Subrecipient Agreement, on file in the City Clerk’s office, with Catholic Charities for the
repair and renovation of La Posada de Guadalupe Homeless Shelter for Men.
3. That the Mayor is authorized to sign the Community Development Block Grant
Subrecipient agreement on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
California, on the 21st day of July , 1998, by the following vote,
to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
CCResoNo. 98-242 1
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AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
CATHOLIC CHARITIES FOR 1997-98
FEDERAL COMMUNI TY DEVELOPMEXI’ BLOCK GRANT l?UNJX
THIS AGREEMENT, made and entered into as of this 2/ sf day of J-dLV
1998, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as
“City”, and CATHOLIC CHARITIES, 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 supportive services to homeless or near homeless persons/families; and,
WHEREAS, the Subrecipient can provide shelter and supportive services for homeless men
with some assistance from the City; and,
WHEREAS, the City has determined that the rehabilitation of La Posada de Guadalupe
Homeless Shelter is exempt from environmental review under 24 CFR Part 58, Section 58.35(a)(3);
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 eight thousand dollars ($40,000) to the Subrecipient for rehabilitation, to
include but not limited to the repair and upgrade of the kitchen and restroom/shower areas of
La Posada de Guadalupe Homeless Shelter located at 2472-2478 Impala Drive, Carlsbad,
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 FUNiX
The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs
related to the rehabilitation of the facility for the term of this Agreement. The reimbursements
for costs shall not exceed a total of $40,000. However, no more than 90 percent of the total
agreed upon compensation will be paid during the 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 in
Exhibit “B” and in accordance with performance. Subrecipient represents that the budget
includes only allowable costs and an accurate analysis of costs applicable to the CDBG funds
pursuant to 24 CFR Part 502.
Subrecipient shall submit a “Request for Reimbursement” to the City for compensation of
eligible and actual expenses incurred. The City shall not provide any payments/reimbursements
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 $4O,OOB
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;
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b. Records demonstrating each activity undertaken meets on of the National Objectives of the
CDBG program;
c. Records required to determine the eligibility of activities;
d. Records demonstrating compliance with Section 570.505 regarding change of use of real
property acquired or improved with CDBG assistance;
e. Records demonstrating compliance with the requirements in Section 570.606 regarding
acquisition, displacement, relocation, and replacement housing;
f. Records documenting compliance with the fair housing and equal opportunity components
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 Part
570.502, and OMB Circular A-110; and,
h. Any other related records as the City shall require to demonstrate compliance with
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly “Progress Reports” within fifteen (15) calendar days of
the end of each quarter for the full term of this Agreement. The final progress report is due no
later than July 15, 1998. The report must include sufficient information to assist the City in
monitoring the Subrecipient’s performance. The Subrecipient must demonstrate satisfactory
performance prior to reimbursement for expenditures.
At a minimum, the performance reports shall include the following information:
a.
b.
C.
d.
e.
Total number of persons/households participating in the program during reported
period;
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,
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, ethnic@, 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
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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
shall be required to submit, to the City, a comprehensive financial audit prepared by an
independent, neutral third-party auditor. The audit shall cover financial operations of the
Subrecipient for the 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 covered under fiscal year beginning July 1, 1998 and ending June 30, 1999
for any funds received in fiscal year 1998-99 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the Housing and Urban Development regulations concerning
Community Development Block Grants). The Subrecipient also agrees to adhere to the terms
of the City’s 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, 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
b. 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.
7. 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.
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 85.44 of the Code of Federal Regulations, this
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 and
85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of this
agreement.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG funds
on hand at the 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:
4 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,
b) 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 funds for acquisition, or improvement to, the property.
Reimbursement is not required after the period of time specified in paragraph (a) of this
section.
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
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 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 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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14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and a
combined policy of worker’s compensation and employers liability insurance from an insurance
company authorized to do business in the State of California which meets the requirements of
City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars
($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City
Manager.
This insurance shall be in force during the term of this agreement and shall not be canceled
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 the parties hereto have caused this agreement to be executed as of
the day and year first written above.
CATHOLIC CHARITIES, a non-profit organisation,
of the State of California
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney 7. 248-r f-
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TENANT IMPROVEMENT PROP.OSAL
PDAE u23/98 JOB ADDRESS: m
CONTACT: Edgardo P&ado
BUILDING DEZrAIL
STRUCIWREzMobile Home USE: Doffxlitoty SQUARE FOOTAGE 552 AREA OF REPAIR: Showers and restrooms
REPAXRDEI’AIL 1
Demolition of existing flaars, walls, stalls and plumbing. Gut to the floor joists. Reinforce joists as needed. Lay 3W T&G plywood, oveday with 112 wonderboard, and water scaL Form and pour 4” conc~te shower pan and membrane. Overiay with l/2 wonderboard, drill for drains, and install masonic non-slip sheet tiic Frame wall and hutall standard ABS plumbing. Install greenboard to hack of waUs, and l/2 wooderboard and 4” tile. install minimum of 2 exhaust fans.
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Estimates are material only oo general conditions, Iabor to be donated.
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La Posadade Guadalupe de Carlsbad
Rejbgio Para Hombres Sin Hqgar
COMMUNITY PARTNERSHIP AGREEMENT AND PROJECT PLAN
March 8,1998
Center for Employment Training (CET) is a private nonprofit corporation which operates one of the
nation’s largest networks of community-based schools. CET was established to tram individuals with a
variety of special needs. It can effectively prepare injured workers, even those who do not speak English
and who have little schooling, for good jobs in the local labor market.
In order to help students overcome multiple barriers, CET provides a comprehensive vocational training
program which integrates English language and basic skills instruction with practical, hands-on vocational
training. These services include: Vocational Evaluation, Situational Assessment, Vocational Classroom
Training, Bands-on Jnstruction, Remedial Education, English as a Second Language, Social Services
Advocacy, Lie Skills Instruction and Job Placement Assistance. Instruction is individual&d and self.
paced. Courses are open entry and open exit. Courses being offered at the San Diego location include:
Buikimg Maintenance (carpentry, phunbmg, ehxtricity), Welding, Electronic Assembly and Automated
office skills.
GET will provide, through its training program, technical assistance and on-hands training in Buildiig
Maintenance to Posada de Guadalupe’s eligible individuals which includes: maintenance related math, basic
math, safety standards, blue print readiig, carpentry, electrical, plumbiig, interior and exterior
maintenance.
La Posada de Guadalupe will provide all materials needed in the repair of its new bathroom and shower
areas. Repair Detail: Demolition of existing floors, walls, stalls and plumbing. Gut to the floor joists.
Reinforce joists as needed. Lay 314” T&G plywood, overlay with % wonderboard, and water seal. Form
and pour 4” concrete shower pan and membrane. Overlay with % wonderboard, drill for drains, and install
masonic non-slip sheet tile. Frame wall and instaIl standard ABS plumbing. Install greenboard to back of
walls, and I% wonderboard and 4” tile. Install a minimum of 2 exhaust fans. All work will be collaborative
effort between CET students and La Posada de Guadalupe clients. Commencement of repairs to La
Posada will be contingent on CET’s purchase of a van to transport students to the La Posada location.
All equipment used for the repairs will belong to CET after completion of the project. La Posada de
Guadalupe will also provide all meals to students and provide room and board to eligible homeless
farmworkers. All materials are being subsidized by the City of Carlsbad. The CDBG project will be
approximately from May 1998 through June 1998. AtIer the project is finished trainees will complete their
training at the San DiegoCenter for Employment Training. This will result in graduation and job placement
assistance of La Posada de Guadalupe eligible participants.
La Posada de Guadalupe will not be responsible for injuries that occur to CET students and will receive a
certification of insurance coverage from CET. CET will not be responsible for any damages to the repair
project after it is completed but, will in good faith make any necessary repairs and upkeep provided La
Posada de Guadalupe furnishes the necessary supplies. Any necessary building permits requested by the
City of Carlsbad such as; blueprints, floor plans, elevation reports or plot plans will be handled entirely by
La Posada de Guadalupe.
Felipe Ortega, Director Sister Raymonda DeVall
Center for Employment Training La Posada de Guadalupe
EXHIBIT “B”
CITY OF CARLSBAD
COMMUNITY DEVELOPh4ENT BLOCK GRANT PROGRAM
BUDGET
Contract term: July 1,1997 to June 30,1998
Subrecipient Name: Catholic Charities-Rehabilitation of La Posada de Guadalupe
Address: 2472-2476 Impala Dr.
Carlsbad, CA 92008
Project Description:
Demolition of existing floors, walls, stalls and plumbing, Gut to the floor joists.
Reinforce joists as needed. Lay 3W’ T&G plywood, overlay with 1\2 wonderboard, and water
seaL Form and pour 4” concrete shower pan and membrane. Overlay with 1\2 wonderboard,
drill for drains, and install masonic non-slip sheet tile.
Frame wall and install standard ABS plumming. Install greenboard to back of walls, and 1\2
wonderboard and 4” tile. Install miuimum of 2 exhaust fans.
Estimate total $40,000.00