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HomeMy WebLinkAboutCasa de Amparo; 2024-12-02; PSA25-01CDBGPSA25-01CDBG 1 City Attorney Approved Version 10/15/2024 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CASA DE AMPARO FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT (“Agreement”) made and entered into as of this day of 2024 by and between the CITY OF CARLSBAD ("City") and Casa de Amparo, a California non-profit corporation ("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 under Catalog of Federal Domestic Assistance number 14.218; and, WHEREAS, the City wishes to provide assistance to non-profit public service providers who offer services for lower income Carlsbad residents; and, WHEREAS, the Subrecipient can provide these basic services for lower income households with some assistance from the City; and, WHEREAS, the City has determined that the services offered by the Subrecipient are exempt from environmental review under 24 CFR Section 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approved the City’s Annual Consolidated 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 federal community development block grant (“CDBG”) funds, in the amount of one-hundred thousand ($100,000) to the Subrecipient for provision of services through their offices located at 325 Buena Creek Road, Vista, CA, 92069 for the period beginning July 1, 2024 and ending June 30, 2025. 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. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 2nd December PSA25-01CDBG 2 City Attorney Approved Version 10/15/2024 having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National Objective of benefiting low- and moderate-income persons. Levels of Accomplishment – Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabilitated; persons or households assisted, or meals served, and should include periods for performance. Refer to Exhibit A for the level of project and program services. Staffing: Subrecipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. Performance Monitoring: The City will monitor the performance of the Subrecipient against goals and performance standards as stated above and Exhibit “A”. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by June 30, 2025. 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 may agree to grant the extension or notify the Subrecipient that, in its sole discretion, the funds must be reallocated to another eligible activity due to slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable costs related to the provision of services for eligible residents of Carlsbad for the term of this Agreement. The reimbursements for costs shall not exceed a total of $100,000. 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 with 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 Section 570.502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensation of eligible and actual expenses incurred. The City shall not provide any Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 3 City Attorney Approved Version 10/15/2024 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 24 CFR Section 570.504 which is 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 $100,000 maximum as allocated by the City Council for program year 2023. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Section 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: • Records providing a full description of each activity undertaken; • Records demonstrating each activity undertaken meets one of the National Objectives of the CDBG program; • Records required to determine the eligibility of activities; • Records demonstrating compliance with 24 CFR Section 570.505 regarding change of use of real property acquired or improved with CDBG assistance; • Records demonstrating compliance with the requirements in 24 CFR Section 570.606 regarding acquisition, displacement, relocation, and replacement housing; Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 4 City Attorney Approved Version 10/15/2024 • Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; • 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 Section 570.502, and OMB (the United States Office of Management and Budget) Circular A-110; and, • Any other related records as the City shall be required to demonstrate compliance with applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within ten (10) 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, 2025. 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: • Total number of participants in 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. • Quarterly reports must be submitted by within ten (10) calendar days of the end of each quarter. 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 a description of the 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 five (5) years after the termination of all activities funded under this Agreement. All records subject to litigation, Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 5 City Attorney Approved Version 10/15/2024 claims, audit findings, negotiations, or other actions must be retained for five (5) years from the date such action commenced or until completion of the action and resolution of all issues by the appropriate officials and verified by official written notice to the Subrecipient, whichever occurs later. If the Subrecipient shall receive more than $750,000 in total federal funds in one fiscal year 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 the fiscal year beginning July 1, 2024, and ending June 30, 2025, for any funds received in fiscal year 2024-2025 per this Agreement. 6. PROGRAM REQUIREMENTS 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 on file at the Housing & Homeless Services Department and with assurances and agreements made, by the City to the United States Department of Housing and Urban Development of which the Subrecipient is given notice. The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in 24 CFR Section 570.502, the federal regulations for the CDBG Program; the federal requirements are set forth, and incorporated by reference herein, 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: • The Subrecipient will not assume the City's environmental responsibilities as described in 24 CFR Section 570.604; and • The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of 24 CFR Section 52. The provisions of Subpart K, of the CDBG Program Regulations, incorporated herein by reference, are a condition of this Agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 6 City Attorney Approved Version 10/15/2024 funds by religious organizations, if applicable to this Agreement and the approved project outlined herein. 6.1. The Housing and Community Development Act of 1974 (Public Law 93-383), as amended; 6.2. Regulations of the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations commencing with Section 570.l), and amended thereafter; 6.3. Regulations of the Department of Housing and Urban Development relating to environmental review procedures for the Community Development Block Grant program (Title 24, Subtitle A, Part 58 of the Code of Federal Regulations, commencing at Section 58.l); 6.4. Title VI of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246; Executive Order 11063; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; 6.5. If applicable under 24 C.F.R. §75.3, then pursuant to 24 SECTION 3 CLAUSE C.F.R. §75.27, Subrecipient (and, if indicated below, City) shall comply with the following “Section 3 Clause”: 6.5.1. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 6.5.2. The Parties to this Agreement agree to comply with HUD’s regulations in 24 C.F.R. Part 75, which implement Section 3. As evidenced by their execution of this Agreement, the Parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations. 6.5.3. Subrecipient agrees to send to each labor organization or representative of workers with which Subrecipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of Subrecipient’s commitments under this Section 3 Clause and will post copies of the notice Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 7 City Attorney Approved Version 10/15/2024 in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the Person(s) taking applications for each of the positions and the anticipated date the work shall begin. 6.5.4. Subrecipient agrees to include this Section 3 Clause in every subcontract subject to compliance with the regulations in 24 C.F.R. Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 75. Subrecipient will not subcontract with any subcontractor where Subrecipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 75. 6.5.5. Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after Subrecipient is selected, but before this Agreement is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 75 require employment opportunities to be directed, were not filled to circumvent Subrecipient’s obligations under 24 C.F.R. Part 75. 6.5.6. Noncompliance with HUD’s regulations in 24 C.F.R. Part 75 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted agreements. 6.5.7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 6.5.8. Subrecipient shall document its good faith efforts to comply with the terms and conditions of the above Section 3 Clause and furnish such documentation to City, upon request. 6.6. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and regulations adopted to implement that Act in the Code of Federal Regulations, Title 24, part 42; Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 8 City Attorney Approved Version 10/15/2024 6.7. Cost principles have been established for State, Local and Indian Tribal Governments through 2CFR, Part 225 (OMB Circular A-87). This part provides a uniform approach for determining costs and to promote effective program delivery, efficiency, and better relationships between governmental units and the Federal Government. The principles are for determining allowable costs only. They are not intended to identify the circumstances or to dictate the extent of Federal and governmental unit participation in the financing of a particular Federal award. Provision for profit or other increment above cost is outside the scope of this part; 6.8. Additional cost principles have been established for non-profits through 2 CFR part 200, subpart E, entitled “Cost Principles for Non-Profit Organizations”; 2 CFR part 230 entitled “Cost Principles for Non-Profit Organizations” (Circular A–122); and 2 CFR Part 225 entitled “Cost Principles for State, Local, and Indian Tribal Governments” (OMB Circular A–87); This part establishes principles for determining costs of grants, contracts and other agreements with non-profit organizations. The principles are designed to provide that the Federal Government bear its fair share of costs except where restricted or prohibited by law. The principles do not attempt to prescribe the extent of cost sharing or matching on grants, contracts, or other agreements. However, such cost sharing or matching shall not be accomplished through arbitrary limitations on individual cost elements by Federal agencies; 6.9. The following laws and regulations relating to preservation of historic places: Public Law 89-665 the Archeological and Historical Preservation Act of 1974 (Public Law 93-291), and Executive Order 11593 including the procedures prescribed by the Advisory Council on Historic Preservation in 36 Code of Federal Regulations, Part 800; 6.10. The Labor Standards Regulations set forth in 24 CFR, Part 570; 6.11. The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151); 6.12. The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); 6.13. The Flood Disaster Protection Act of 1974 (Public Law 93-234 and the regulations adopted pursuant thereto) 24 CFR, Chapter X Subpart B; 6.14. The Rehabilitation Act of 1973 (Public Law 93-112) as amended; including Section 504 which relates to nondiscrimination in Federal programs and Housing and Urban Development Regulations set forth in 24 CFR Part 8. 6.15. The Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 15); Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 9 City Attorney Approved Version 10/15/2024 6.16. The Drug-Free Workplace Act of 1988 (Public Law 100-690); 6.17. In the procurement of supplies, equipment, construction and services by Subrecipient the conflict-of-interest provisions in Attachment 0 of OMB Circular No. A-110 and 24 C.F.R. 570.611 shall apply; 6.18. No member, officer or employee of the Subrecipient , or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification. 6.19. The Subrecipient certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: 6.19.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 6.19.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 6.20. Subrecipient shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 13166 relating to “Improving Access to Services by Persons with Limited English Proficiency (“LEP”); 6.21. Subrecipient shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 10 City Attorney Approved Version 10/15/2024 Identifier and Central Contractor Registration, 75 Fed. Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170), including any subsequent amendments. 6.22. Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 6.23. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 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 City Council. No change in use of the CDBG funds will be permitted without prior written approval of the City 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. 8.1. Provision of Program Services. 8.1.1. Subrecipient shall not on the ground of race, color, national origin, or sex, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. 8.1.2. Subrecipient shall not under any program or activity funded in whole or in part with CDBG funds, on the ground of race, color, national origin, or sex: 8.1.2.1. Deny any facilities, services, financial aid or other benefits provided under the program or activity. 8.1.2.2. Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity. 8.1.2.3. Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity. Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 11 City Attorney Approved Version 10/15/2024 8.1.2.4. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. 8.1.2.5. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provide any facilities, services or other benefit provided under the program or activity as an employee. 8.1.2.6. Deny an opportunity to participate in a program or activity as an employee. 8.1.3. Subrecipient may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, color, national origin, or sex. 8.1.4. Subrecipient, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits or, or subjecting them to discrimination on the ground of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto. 8.1.5. In administering a program or activity funded in whole or in part with CDBG funds regarding which the Subrecipient has previously discriminated against persons on the ground of race, color, national origin, or sex, the Subrecipient must take affirmative action to overcome the effects of prior discrimination. Even in the absence of such prior discrimination, a Subrecipient in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the Subrecipient has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. A Subrecipient shall not be prohibited by this part from taking any eligible action to ameliorate any imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. 8.1.6. Notwithstanding anything to the contrary, nothing contained herein Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 12 City Attorney Approved Version 10/15/2024 shall be construed to prohibit any Subrecipient from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 8.1.7. Subrecipient shall also provide ready access to and use of all CDBG fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 8.2. Employment Discrimination. 8.2.1. Subrecipient shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. Subrecipient shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. Subrecipient agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 8.2.2. Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age or handicap. 8.2.3. Subrecipient shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other Subrecipient understanding, a notice to be provided by City's contracting officers advising the labor union or workers' representative of Subrecipient 'S commitments under Section 202 of Executive Order No. 11246 of September 14, 1965, and Subrecipient shall post copies of the notices in conspicuous places available to employees and applicants for employment. 8.2.4. Subrecipient shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 8.2.5. Subrecipient shall furnish to the City all information and reports required by Executive Order No. 11246 of September 24, 1965, and of the related rules, regulations, and orders. 8.2.6. Subrecipient shall include the provisions of Section 11, "Affirmative Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 13 City Attorney Approved Version 10/15/2024 Action Policy," in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. Subrecipient shall take such action with respect to any sub-contractor or purchase order as the City may direct as a means of enforcing such provisions including sections for noncompliance: Provided, however, that in the event Subrecipient becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the City, Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 8.2.7. Subrecipient shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with 24 CFR Sections 85.43 and 85.44, this Agreement may be suspended or terminated if the Subrecipient fails to comply with any term(s) of the award. 24 CFR Sections 85.43 and 85.44 are incorporated herein by reference, as provisions of this Agreement. 10. REVERSION OF ASSETS The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, 570.505 as applicable, which include but are not limited to the following: 10.1. Real Property 10.1.1. 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: (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, (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, Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 14 City Attorney Approved Version 10/15/2024 or improvement to, the property. Reimbursement is not required after the period of time specified in paragraph (10.1.1. a.) of this section. 10.2. Equipment 10.2.1. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. 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, or real or personal property 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 arising directly or indirectly out of performance of the project outlined in this Agreement. Subrecipient agrees to defend, indemnify, and hold free and harmless the City, its officers, employees and agents against any of the foregoing liabilities or claims of any kind and any cost or expenses incurred by the City including attorneys’ fees, on account of any of the foregoing liabilities, including liabilities or claims arising out of alleged defects in any plans or specifications for the project or facility. Subrecipient agrees that it undertakes hereby the same obligations to the City that the City has undertaken to HUD pursuant to said application and assurances. Subrecipient agrees to hold City harmless against any indemnity, which it may suffer with respect to HUD on account of any failure on the part of Subrecipient to comply with the requirements of any such obligation. Said Federal documents are on file with the Housing & Homeless Services Department at the City of Carlsbad, located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008, and are incorporated herein by reference. The obligations undertaken by Subrecipient include, but are not limited to, the obligations as specified in Section 6 of this Agreement. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this Agreement or any monies due thereunder without the prior written consent of the City Council. 13. SUCCESSORS OR ASSIGNS Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 15 City Attorney Approved Version 10/15/2024 Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or other funds, the Subrecipients shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Subrecipient or Subrecipient’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 14.1 Coverages and Limits. Subrecipient shall maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Subrecipient's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage, as Subrecipient deems adequate, at Subrecipient's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 14.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 14.1.2 Automobile Liability. (if the use of an automobile is involved for Subrecipient's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 14.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Subrecipient has no employees and provides, to City's satisfaction, a declaration stating Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 16 City Attorney Approved Version 10/15/2024 this. 14.1.4 Professional Liability. Errors and omissions liability appropriate to Subrecipient’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 14.2 Additional Provisions. Subrecipient will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 14.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 14.2.2 Subrecipient will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 14.2.3 If Subrecipient maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Subrecipient. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 14.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 14.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Subrecipient will furnish certificates of insurance and endorsements to City. 14.4 Failure to Maintain Coverage. If Subrecipient fails to maintain any of these insurance coverages, then City will have the option to declare Subrecipient in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Subrecipient is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Subrecipient or deduct the amount paid from any sums due Subrecipient under this Agreement. 14.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 15. LICENSING/PERMITS Subrecipient will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 17 City Attorney Approved Version 10/15/2024 Subrecipient agrees to obtain and maintain all licenses, registrations, accreditations, and inspections from all agencies governing its operations. Subrecipient shall insure that its staff shall also obtain and maintain all required licenses, registrations, accreditations, and inspections from all agencies governing Subrecipient’s operations hereunder. 16. AMENDMENTS The City or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Subrecipient from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Subrecipient. 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Subrecipient under this Agreement. For City: For Subrecipient: Name: Title: Nicole Piano-Jones Program Manager Heather Jenkins Director of Donor Relations Department: Housing & Homeless Services Casa de Amparo Address: 1200 Carlsbad Village Drive Carlsbad, CA 92008 325 Buena Creek Road Vista, CA, 92069 Telephone: (442) 339-2191 (760) 566-3582 Email: nicole.pianojones@carlsbadca.gov hjenkins@casadeamparo.org Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. INELIGIBILITY OF SUB-CONTRACTORS. Subrecipient shall not use CDBG funds directly or indirectly in its operations or to employ, award contracts to, or otherwise engage the services of, or fund any Subrecipient during any period of debarment, suspension, or placement in ineligibility status of the Subrecipient or such Subrecipient under the provisions of 24 C.F.R. Part 24. Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG 18 City Attorney Approved Version 10/15/2024 SUBRECIPIENT: By: Katherine Karpe Chief Executive Officer Dated: By: Dated: CITY OF CARLSBAD: By: Scott Chadwick City Manager Dated: ATTEST: _________________________________ SHERRY FREISINGER City Clerk Dated: (Proper notarial acknowledgment of execution by Subrecipient must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: Cindie McMahon, City Attorney By: Allegra Frost, Senior Assistant City Attorney Dated: Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 10/25/2024 11/20/2024 12/2/2024 12/2/2024 PSA25-01CDBG CA 10/15/2024 EXHIBIT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK TERM FY 2024-25 CONTACT Heather Jenkins AGENCY Casa de Amparo PHONE 760-566-3582 PROJECT Parking Lot Safety Improvements EMAIL hjenkins@casadeamparo.org ADDRESS 325 Buena Creek Road San Marcos, CA 92069 PROGRAM GOALS AND OBJECTIVES GOAL Repair parking lot to provide a safe environment for residents and administrative staff at Casa de Amparo. MEASURABLE 1: Determine areas of concern in parking lot causing safety risks and potential hazards. MEASURABLE 2: Obtain three bids and select qualified contractor. MEASURABLE 3: Prepare work site for project and relocate vehicles to safe area where clients and staff can access during work in case of emergency. MEASURABLE 4: Complete the project in compliance with all applicable regulations. PROGRAM TIMELINE DUE DELIVERABLE October 15, 2024 Quarterly Report and Invoice Complete Measurable Goal 1. November 15, 2024 Quarterly Report and Invoice Complete Measurable Goal 2. February 15, 2025 Quarterly Report and Invoice Complete Measurable Goal 3. March 15, 2025 Quarterly Report, Year-End Report, and Invoice Complete Measurable Goal 4. REPORTING REQUIREMENTS 1. Demographic reporting: Provide quarterly, and year-end, summary demographic reports on number of persons served by the project and related demographic data on a City provided reporting form. 2. Progress reporting: Provide quarterly, and year-end, summary narrative reports on progress made in achieving the project goal and performance objectives described above on a City provided reporting form. Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 PSA25-01CDBG CA 10/15/2024 EXHIBIT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET TERM FY 2024-25 CONTACT Heather Jenkins AGENCY Casa de Amparo PHONE (760) 566-3582_ PROJECT Parking Lot Safety Improvements EMAIL hjenkins@casadeamparo.org ADDRESS 325 Buena Creek Road San Marcos, CA 92069 BUDGET DETAIL LINE ITEM CDBG OTHER (SPECIFY) TOTAL Grind & Overlay Sinking Areas $4,895.00 (donor restricted capital funds) $4,895.00 Grind & Overlay Remaining Areas $82,590.00 $1,155.00 (donor restricted capital funds) $83,745.00 Seal Coat $17,410.00 $17,410.00 Add Fiber mesh $13,350.00 (donor restricted capital funds) $13,350.00 Saturday Work $9,750.00 (donor restricted capital funds) $9.750.00 TOTAL $100,000.00 $29,150.00 $129,150.00 Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 7/8/2024 IMA, Inc.3475 E. Foothill Blvd., Suite 100Pasadena, CA 91107 (626) 799-7000 (626) 583-2117 www.boltonco.com 0H64724 Ron Wanglin Casa de Amparo 325 Buena Creek Road San Marcos CA 92069 80855674 Proof Of Insurance Re: Operations of the Named Insured. A 1,000,000W37A662401017/1/2024 7/1/2025 50,000 3 5,000 3 1,000,000 3,000,000 3,000,000 Retention 25,0000 3 B 2378 7/1/2024 7/1/2025 1,000,000 3 C 140001772 7/1/2024 7/1/2025 1,000,000 1,000,00033 B NPUWCG0012024 1/1/2024 1/1/2025 3 750,000N 750,000 750,000 A Professional Liability W37A66240101 7/1/2024 7/1/2025 $1,000,000 Each Claim / $3,000,000 Agg. A Sexual/Physical Misconduct W37A66240101 7/1/2024 7/1/2025 $1,000,000 Per Occ/$1,000,000 Aggregate D Cyber Liability H24ECN5281500 7/1/2024 7/1/2025 $2,000,000 Per Claim/$2,000,000 Aggregate B Excess Work Comp/Employers Liability SP4067530 1/1/2024 1/1/2025 $2M (EL)/Statutory (WC) xs $750,000 Beazley Insurance Company, Inc.37540 NonProfits United QBE Specialty Insurance Company 11515 Houston Casualty Company 42374 80855674 | CASADEA-C1 | 24/25 GL,AU,UMB,WC,PROF,CYBE,WC | Deja Gonzales | 7/8/2024 1:37:49 PM (PDT) | Page 1 of 1 Docusign Envelope ID: 587A7965-B683-460A-BB4C-21FF96A3C388 ACORD® I ~ I -□ □ - - ~ □ □ - -- -- -- -H I I I I I □