AGENDA CAPTION:
Title
Consider approval of Resolution 2016-125R, approving Standard Forms of Agreement with Outside Subrecipients and City Departments that establish terms and conditions regarding the expenditure of Community Development Block Grant (“CDBG”) funds; authorizing the City Manager to negotiate and execute these agreements on behalf of the City; and declaring an effective date.
Body
Meeting date: September 20, 2016
Department: Planning & Development Services - Community Initiatives Division
Funds Required: None
Account Number: N/A
Funds Available: N/A
Account Name: N/A
CITY COUNCIL GOAL: Goal #7 Maintain Fiscal Responsibility
COMPREHENSIVE PLAN ELEMENT(s): N/A
BACKGROUND:
Subrecipient Agreement
The Community Development Block Grant (CDBG) program requires that the City execute agreements with the non-profit organizations (subrecipients) who receive CDBG grant funding. The Subrecipient Agreement includes project specific information such as:
• A description of the specific program / project to be funded
• The program/project budget and timeline
• Specific conditions applicable to this program/project
The agreement also contains a number of standard requirements that apply to all subrecipients such as insurance and bonding, financial management, and compliance with related Acts and regulations (Fair Housing, Section 3, Clean Air, etc.).
For many years the City’s practice has been to have the template of the Subrecipient Agreement approved by the City Council, without bringing each individual subrecipient agreement to Council for approval. In addition, the Action Plan funding resolution authorizes the City Manager to execute all documents related to the CDBG grant.
Once Council has made the Action Plan allocation award, staff prepares the individual agreements by filling in the program/project specific information. The City Attorney’s office reviews the agreement and approves its execution by the City Manager and the subrecipient’s representative.
Periodically the template needs to be updated to reflect changes in the various federal regulations that apply to the CDBG grant program. The template was last approved by Council in 2014. The attached document shows the recommended changes in red. Many of the changes reflect the recently adopted Uniformed Administrative Requirements, cost Principles, and Audit Requirements for Federal Awards.
Inter-Department Agreement
During a HUD monitoring visit in 2015 the City was told that the Recreation Fee Scholarship program, operated by Community Services - Parks and Recreation, must be covered by an Inter-Department agreement, similar to the Subrecipient Agreement. The purpose of having this agreement is to clearly define the funded department’s responsibilities and compliance requirements. HUD provided a sample agreement, which the CDBG staff adapted to fit the Parks and Recreation Fee Scholarship program. The agreement draft was reviewed by the City’s legal department, approved in format by HUD, and was subsequently executed, which satisfied the HUD monitoring concern.
At this time, the Recreation Fee Scholarship program is the only CDBG-funded program that requires an Agreement. Staff has updated the Agreement and modified it to create a Template that will be the basis for inter-department agreements for all programs operated by City departments (other than those administered by the CDBG staff).