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HomeMy WebLinkAboutCDBG FY 2004-05 Amendment - ABC Recovery CenterVI REQUEST: CITY OF PALM DESERT Community Services INTEROFFICE MEMORANDUM REQUEST FOR APPROVAL OF AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FY 2004/05 AND FY 2005/06 SUBRECIPIENT AGREEMENTS WITH ABC RECOVERY CENTER SUBMITTED BY: Frankie Riddle, Director of Special Programs DATE: September 28, 2006 CONTENT: 1. Amended Subrecipient Agreement for ABC Recovery Center RECOMMENDATION: By Minute Motion, approve the Amended Community Development Block Grant FY 2004/05 and FY 2005/06 Subrecipient Agreements with ABC Recovery Center related to Public Facilities Improvement Projects. BACKGROUND: The City awarded Community Development Block Grant (CDBG) funds to the ABC Recovery Center in the amount of $25,000 in FY 2004/05 for the Bunk House Project and $60,000 in FY 2005/06 for the Children's Playground and Security Wall Project. The Agreements expired as of June 30, 2006, unless the City of Palm Desert approves an extension to June 30, 2007. ABC was unable to undertake and complete these projects prior to the termination date due to the initial lack of response to the Notice Inviting Bids. After re -bidding the projects, proposals were received but well over the project budgets. Since receiving the bids, ABC has been working to obtain additional funds and proposals that are within the revised project budgets. The organization is now in a position to move forward with the projects and requests an extension to the Agreements in order to complete these projects and expend awarded funds. Staff recommends that City Council approve the Amended CDBG Subrecipient Agreement with ABC Recovery Center extending the termination date to June 30, 2007. Submitted By: Approval: FRANKIE IDDLE' DI: CTOR SPECIAL PROGRAMS `SHEILA R. Gh2LICAN ACM/COMMUNITY SERVI CARLOS L. OII'EGA CITY MANAGER CI ? COUNC.IY/, ACTION APPROVED 1/ DENIED ECEIVED OTHER WA' aT .N-G 1),'.11E AY2S � u (, 50n ABSENT s sP) j150(\ ABSTAIN: one., VF IFIED BY: RbKific cYdgina] on File with telt COMMUNITY DEVELOPMENT BLOCK GRANT 30th YEAR (FY 2004/05) SUBRECIPIENT AGREEMENT NO. C23050K2 This Agreement is made this Mav 2, 2005 by and between the City of Palm Desert (hereinafter referred to as "Sponsor"), and the ABC Recovery Center (hereinafter referred to as "Subrecipient"). RECITALS WHEREAS, the City of Palm Desert is a Direct Entitlement City with the U.S. Department of Housing and Urban Development (HUD) for purposes of receiving Community Development Block Grant (CDBG) funds, to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; and WHEREAS, with the approval of the City and HUD a portion of its allocation to the Subrecipient in the delegated amount of $25,000 to be used by the Subrecipient for the Construction/Rehabilitation of the Plannina and Desian of the "Bunk House" Proiect (Public Facilities Improvement); and WHEREAS, clients benefit for the services provided by the Subrecipient, and at least 51 percent of those benefiting for the services must qualify as low and moderate -income persons; THEREFORE, IT IS AGREED: 1. TERM - The term of this agreement for the project shall be made for a period of one year commencing July 1, 2004, and ending June 30. 2007, unless a request to extend the funding is approved by the City of Palm Desert. Public service programs are not eligible for a time extension. Funds must be expended within the year awarded. 2. FUNDS — The City agrees to provide the Subrecipient with funds equal to the amount allocated through CDBG funds, as stated above. The City shall disburse the funds on a reimbursable basis. The Subrecipient shall provide copies of invoice(s), bank statements, etc. as required for reimbursement in a timely manner. Funds may be reimbursed only for those verified expenses for the eligible uses. 3. Organizations provided Community Development Block Grant funds for the purchase of land, facilities, and/or buildings; equipment, capital improvements, rehabilitation, or other similar activities shall not sell, sublease, loan, or any other such action that relinquishes control or ownership without prior written request to and written authorization from the City of Palm Desert and, if necessary, the U.S. Department of Housing and Urban Development. 4. REPORTING - Subrecipient agrees to submit the Direct Benefit Report to the City on a monthly basis from July 1, 2004 to June 30. 2007. In addition to the Direct Benefit Report subrecipients must report, but not limited to, the following information on a quarterly and annual basis: Number of persons assisted (by age, gender, senior 62 years of age or older, race, income level, head of household, how many in family, services provided, etc.), number of people that will be provided with new or improved access to services and/or facilities, the number of beds created (homeless or rehabilitation facilities), if applicable. Public Facilities Improvements or construction projects will require the above information pertaining to the participation in the organization's overall program(s), and once the project is completed, data COMMUNITY DEVELOPMENT BLOCK GRANT 2004/05 SUBRECIPIENT AGREEMENT NO. C23050K2 pertaining specifically to that facility will be reported under the Annual Follow Up Report. The City will provide quarterly reports that have the requested information listed. The reports must be completed with detailed information and statistics. An Annual Report at the end of the program year will be required and must report unduplicated numbers. (Data collection examples: Case manager logs, sign -in sheet, tracking logs, client intake forms, scan card system, or other systems designed to obtained information.) 5. ANNUAL FOLLOW UP REPORT — Subrecipient agrees to submit the Annual Follow Up Report as provided by the City no later than August 30 of the year following grant expiration or close of project, if a time extension was granted. This report will include similar information to direct benefits form and quarterly reports but will include information related specifically to the Construction/Rehabilitation of the Plannina and Desian of the "Bunk House" Proiect, if a portion of the facility or the facility as a whole was unoccupied at the time of project. 6. DISCRIMINATION - Subrecipient shall provide services to all clients of the ABC Recovery Proaram who need and request such services, so long as economic resources permit. Subrecipient shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal code of regulations which requires that no persons in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the Community Development Block Grant funds. 7. LICENSING - Subrecipient agrees to obtain and maintain all licenses, registrations, accreditation and inspections form all agencies governing its operations. Subrecipient shall ensure that its staff shall also obtain and maintain all required licenses, registrations accreditation and inspections from all agencies goveming Subrecipient's operations hereunder. 8. RECORDS - Subrecipient shall maintain records as to the use and expenditure of funds under this agreement and shall make such records available for inspection and copying during normal business hours by the City or by the Department of Housing and Urban Development. All records and documents pertaining to CDBG funded programs and projects shall be retained for a period of not less than five (5) years. 9. INDEMNIFICATION - Subrecipient shall indemnify and hold the City of Palm Desert harmless from all claims, damages or liability, including all reasonable attomey fees and costs incurred in defending any claims arising out of or in connection with Subrecipient's project or activities, including but not by the way of limitation any action or claim for worker's compensation. 10. CONFLICT OF INTEREST - Subrecipient shall familiarize itself with CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611. Subrecipient, its assigns, employees, agents, consultants, and officers shall comply with and shall not violate any provision of the regulations. Any violation shall be deemed a material breach of this Agreement and the Agreement shall be immediately terminated by the City. 11. ELIGIBILITY - As to Subrecipient or its claimants, the City shall bear no liability for any later determination by the United States Department of Housing and Urban Development or any other person or entity that the City or Subrecipient is or is not eligible under 24 CFR Part 570 to receive CDBG funds. Page 2 of 4 COMMUNITY DEVELOPMENT BLOCK GRANT 2004/05 SUBRECIPIENT AGREEMENT NO. C23050K2 This Agreement contains the entire agreement of the parties and supersedes all other prior negotiations, understandings or agreements. The agreement may only be modified by the written consent of te parties. BY: Attest: Ferguson, Mayor City of Palm Desert Rachelle Klassen, City Clerk BY: (,lfi ghi t /1. G�1li i 7�F Print Name: Attest: Date: 9 -0 (e Signature: Page 3of4 COMMUNITY DEVELOPMENT BLOCK GRANT 31st YEAR (FY 2005106) SUBRECIPIENT AGREEMENT NO. C23730-A1 This Agreement is made this September 1. 2005 by and between the City of Palm Desert (hereinafter referred to as "Sponsor"), and the ABC Recovery Center (hereinafter referred to as "Subrecipient"). RECITALS WHEREAS, the City of Palm Desert is a Direct Entitlement Citywith the U.S. Department of Housing and Urban Development (HUD) for purposes of receiving Community Development Block Grant (CDBG) funds, to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974; and WHEREAS, with the approval of the City and HUD a portion of its allocation to the Subrecipient in the delegated amount of $60,000 to be used by the Subrecipient for the Construction/Rehabilitation of the Children's Plavqround and Securitv Wall (Public Facilities Improvement); and WHEREAS, clients benefit for the services provided by the Subrecipient, and at least 51 percent of those benefiting for the services must qualify as low and moderate -income persons; THEREFORE, IT IS AGREED: TERM - The term of this agreement for the project shall be made for a period of one year commencing July 1, 2005, and ending June 30, 2007, unless a request to extend the funding is approved by the City of Palm Desert. Public service programs are not eligible for a time extension. Funds must be expended within the year awarded. 2. FUNDS — The City agrees to provide the Subrecipient with funds equal to the amount allocated through CDBG funds, as stated above. The City shall disburse the funds on a reimbursable basis. The Subrecipient shall provide copies of invoice(s), bank statements, etc. as required for reimbursement in a timely manner. Funds may be reimbursed only for those verified expenses for the eligible uses. 3. Organizations provided Community Development Block Grant funds for the purchase of land, facilities, and/or buildings; equipment, capital improvements, rehabilitation, or other similar activities shall not sell, sublease, loan, or any other such action that relinquishes control or ownership without prior written request to and written authorization from the City of Palm Desert and, if necessary, the U.S. Department of Housing and Urban Development. 4. REPORTING - Subrecipient agrees to submit the Direct Benefit Report to the City on a monthly basis from July 1. 2005 to June 30. 2007. In addition to the Direct Benefit Report subrecipients must report, but not limited to, the following information on a quarterly and annual basis: Number of persons assisted (by age, gender, senior 62 years of age or older, race, income level, head of household, how many in family, services provided, etc.), number of people that will be provided with new or improved access to services and/or facilities, the number of beds created (homeless or rehabilitation facilities), if applicable. Public Facilities Improvements or construction projects will require the above information pertaining to the COMMUNITY DEVELOPMENT BLOCK GRANT 2005/06 SUBRECIPIENT AGREEMENT NO. C23730Al participation in the organization's overall program(s), and once the project is completed, data pertaining specifically to that facility will be reported under the Annual Follow Up Report. The City will provide quarterly reports that have the requested information listed. The reports must be completed with detailed information and statistics. An Annual Report at the end of the program year will be required and must report unduplicated numbers. (Data collection examples: Case manager logs, sign -in sheet, tracking logs, client intake forms, scan card system, or other systems designed to obtained information.) 5. ANNUAL FOLLOW UP REPORT — Subrecipient agrees to submit the Annual Follow Up Report as provided by the City no later than August 30 of the year following grant expiration or close of project, if a time extension was granted. This report will include similar information to direct benefits form and quarterly reports but will include information related specifically to the Construction/Rehabilitation of the Children's Plavaround and Securitv Wall, if a portion of the facility or the facility as a whole was unoccupied at the time of project. 6. DISCRIMINATION - Subrecipient shall provide services to all clients of the ABC Recovery Proaram who need and request such services, so long as economic resources permit. Subrecipient shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal code of regulations which requires that no persons in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with the Community Development Block Grant funds. 7. LICENSING - Subrecipient agrees to obtain and maintain all licenses, registrations, accreditation and inspections form all agencies governing its operations. Subrecipient shall ensure that its staff shall also obtain and maintain all required licenses, registrations accreditation and inspections from all agencies governing Subrecipient's operations hereunder. 8. RECORDS - Subrecipient shall maintain records as to the use and expenditure of funds under this agreement and shall make such records available for inspection and copying during normal business hours by the City or by the Department of Housing and Urban Development. All records and documents pertaining to CDBG funded programs and projects shall be retained for a period of not less than five (5) years. 9. INDEMNIFICATION - Subrecipient shall indemnify and hold the City of Palm Desert harmless from all claims, damages or liability, including all reasonable attorney fees and costs incurred in defending any claims arising out of or in connection with Subrecipient's project or activities, including but not by the way of limitation any action or claim for worker's compensation. 10. CONFLICT OF INTEREST - Subrecipient shall familiarize itself with CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611. Subrecipient, its assigns, employees, agents, consultants, and officers shall comply with and shall not violate any provision of the regulations. Any violation shall be deemed a material breach of this Agreement and the Agreement shall be immediately terminated by the City. 11. ELIGIBILITY - As to Subrecipient or its claimants, the City shall bear no liability for any later determination by the United States Department of Housing and Urban Development or any other person or entity that the City or Subrecipient is or is not eligible under 24 CFR Part 570 to receive CDBG funds. Page 2 of 4 COMMUNITY DEVELOPMENT BLOCK GRANT 2005/06 SUBRECIPIENT AGREEMENT NO. C23730AI This Agreement contains the entire agreement of the parties and supersedes all other prior negotiations, understandings or agreements. The agreement may only be modified by the written consent of the parties. C BY- Date: iP / LJim erguson, Mayor / City of Palm Desert Attest: Rachelle Klassen, City Clerk BY: (vi.fl! .414 !-/ • (4 h i k Print Name: Attest: AA{ Name: Signature: Page 3 of 4 COMMUNITY DEVELOPMENT BLOCK GRANT 2005/06 SUBRECIPIENT AGREEMENT NO. C23730Al State of California County of �l (/GlS/ C! e On ���� — - % � 4- �i019¢ , before me, ( �(' /� / S r a Notary Public, personally appeared // `" //,; t, /7 %// r proved to me on the basis of satisfactory evidence) to be the person whose nameQ6 is a subscribed to the within instrument and acknowledged to me thai /s)k/tb�y executed the same ir<�/tlyefr authorized capacity(ies), and that by(106p`/thpif signature(g) on the instrument the person(^ or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. w CAROL A. HEM COMM. *1567464 NOTARY PLQUG-CAUFOFViA WRNMDE COU"TY .r <` My Comm. EXPWW March 8, 2W9 r {- . r-� Sigiiiure: (seal) DESCRIPTION OF ATTACHED DOCUMENT: (Title or type of document) (Number of pages) (Date of Document) (Signer(s) other than named above) Page 4 of 4