HomeMy WebLinkAbout1992-07-07; City Council; Resolution 92-2091
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RESOLUTION NO. 92 - 2 0 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUBRECIPIENT AGREEMENT WITH CATHOLIC
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
CHARITIES/CARING RESIDENTS OF CARLSBAD INC., FOR 1991 -92
WHEREAS, the City Council of the City of Carlsbad, California, on the 7th day
of July , 1992 considered the required subrecipient agreement with Catholic
Charities/Caring Residents of Carlsbad Inc., for 1991 -92 Community Development Block
Grant funds; and
WHEREAS, the City Council has taken all testimony into account.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitation is true and correct.
2. That the City Council has approved the 1991 -92 Community Development Block
Grant Agreement between the City of Carlsbad and Catholic CharitiedCaring Residents
of Carlsbad Inc., as attached hereto as Exhibit 2.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
California, on the 7th day of July , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST:
li%xL;P@-
ALETHA L. RAUTENKRANZ, City Cle
(Seal)
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND CATHOLIC CHARlTlES/CARING RESIDENTS OF CARLSBAD
FOR 1991 -92
FEDERAL COMMUNITY DEVELOPMENT B-LOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this day of
19-, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES/CARING
RESIDENTS OF CARLSBAD INC., a non-profit organization, hereinafter referred to as
"Subrecipient".
RECITALS
WHEREAS, Catholic Charities is working in conjunction with Caring Residents of
Carlsbad to establish a pilot project to provide an emergency shelter for homeless
migrant workers; and
WHEREAS, the City has the need to provide emergency shelter for the homeless
migrant workers in Carlsbad; and
WHEREAS, the City has the need for emergency shelter services for low and
moderate income persons including the homeless; and
WHEREAS, the Subrecipient possesses the necessary skills and qualifications to
provide the services required by the City; and
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 1991-92 federal Community Development Block Grant
(CDBG) funds, in the amount of twenty five thousand dollars ($25,000) for the
Subrecipient if the conditions of this agreement are met. The CDBG funds are to
be used for capital costs directly associated with the establishment of a pilot
project to provide an emergency shelter on Impala Drive between Palmer Way and
Orion Way in Carlsbad. The emergency shelter is intended to be used by
homeless migrant workers in Carlsbad or North San Diego County. This project
is sponsored by the Caring Residents of Carlsbad Inc. and the Catholic Charities
of San Diego.
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The Subrecipient shall furnish all labor, materials and services and bear all
administrative expenses necessary to set up the emergency shelter as outlined in
this agreement. Under this agreement, the City’s only financial obligation to the
Subrecipient is to provide the CDBG funds of twenty five thousand dollars
($25,000) as allocated by the City Council if the Subrecipient meets the conditions
set forth in this agreement (including documentation verifying matching funds).
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for capital costs of
establishing a pilot project to provide an emergency shelter for homeless migrant
workers for the period of July 1 , 1991 -December 15, 1992. The amount to be
reimbursed shall not exceed $25,000.
Up to twenty five thousand dollars ($25,000) is available if the Subrecipient submits
to the City, documentation verifying that twenty five thousand dollars ($25,000)
worth of matching funds has been obtained from other sources for the La Posada
de Guadalupe emergency shelter. The Subrecipient is required to provide receipts
and an itemized statement of the expenses in excess of the $25,000 worth of
matching funds for reimbursement with CDBG funds.
The Subrecipient shall expend the allocated funds in their entirety by
December 15, 1992. If the subrecipient is unable to expend all of the funds
allocated to the emergency shelter by the noted date, a written request for
extension of the allocation must be submitted, by the Subrecipient, to the City of
Carlsbad, Housing & Redevelopment Department by December 15,1992. The City
Council maintains the authority to re-allocate the remaining funds to this project or
to re-allocate the funds to another eligible activity, at their discretion.
The Subrecipient shall submit a written statement to request payment from the City
of Carlsbad. The Subrecipient may request reimbursements at monthly intervals
anytime after June 23, 1992 for the period July 1 , 1991-December 15, 1992;
Each request for reimbursement shall include receipts, an itemized statement of
all costs, a quarterly performance report and documentation to verify matching
funds. The performance report shall include sufficient information to assist the City
in monitoring the performance of the Subrecipient in establishing an emergency
shelter on Impala Drive in Carlsbad.
The Subrecipient must demonstrate satisfactory performance in order to receive
reimbursement for capitlal costs associated with the emergency shelter.
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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 emergency shelter. All
reported program income may be retained by the Subrecipient for capital costs
related to the emergency shelter. However, the program income, retained by the
Subrecipient, must be expended before additional funds are requested from the
City (including the CDBG allocation for 1992-93).
4. RECORDS AND REPORTS
The Subrecipient shall submit quarterly performance reports for the period
beginning July 1, 1991 and ending December 15, 1992; the first report is due with
the first request for reimbursement and subsequent reports are due not later than
September 15, 1992 and December 15, 1992. At a minimum, the performance
reports shall provide the following information regarding the emergency shelter:
a. Total number of bed nights utilized during the period
b. Number of low and moderate income persons that utilized the
c. Age, sex and ethnic background of persons that stayed at the
d. Summary of service(s) provided by the emergency shelter (shelter,
e. Total number of days the emergency shelter was open during period
emergency shelter during the period
emergency shelter
food, health screening, education, job training).
f. Total number of persons served from Carlsbad
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 other duly-authorized representatives shall
have access to all books, documents, papers and records maintained by the
Subrecipient which directly pertain to the above described emergency shelter for
the purpose of audit, examination, excerpts and transcriptions,
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 period beginning July 1 , 1991 and ending December 15, 1992;
the audit is due not later than March 1, 1993. If this agreement is extended, for
any reason, into program year 1993-1 994, the Subrecipient shall be required to
submit a second audit for the period covered under the amended agreement.
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Unless otherwise notified by the City, the Subrecipient shall retain all financial
records, supporting documents and statistical reports related to the services
provided under this agreement until April 30, 1996. All records subject to an audit
finding must be retained for three (3) years from the date the finding is made or
until the finding has been cleared by appropriate officials and the Subrecipient has
been given official written notice.
5. PROGRAM REQUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application,
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, (the
provisions of Subpart K, of the CDBG Program Regulations, are set forth, by
reference, as a condition of this agreement) 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 Executive Order
12372 described at 570.61 2 in the Federal regulations.
6. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. 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 of Carlsbad,
Housing & Redevelopment Department for review by the City Council. No change
in use of the CDBG funds will be permitted by the City without prior approval by
the City Council.
7. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding
nondiscrimination in the provision of services and the employment of personnel.
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8. 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.
9. 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 the
performance of the service 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/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 the
facility or the program.
10. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder
without the prior written consent of the City.
11. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Section 9, "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.
12. INSURANCE
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. 90-96 in an insurable
amount of not less than one million dollars ($1,000,000) each, unless a lower
amount is approved by the City Attorney or the City Manager.
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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 written above.
CATHOLIC CHARITIES, a non-profit organization,
SISTER RAYMONDA DUVALL (CATHOLIC CHARITIES)
CARING RESIDENTS OF CARLSBAD, INC., a non-profit organization
KATHLEEN WELLMAN (CARING RESIDENTS OF CARLSBAD)
CITY OF CARLSBAD, a municipal corporation of the State of California
CLAUDE A. "BUD" LEWIS, MAYOR
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLERK
APPROVED AS TO FORM:
RON BALL, ACTING CITY ATTORNEY
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