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HomeMy WebLinkAbout1992-01-21; City Council; Resolution 92-21c L V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I w e RESOLUTION NO. 93 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENTS FOR THE CITY’S 1991-92 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND RECIPIENTS. WHEREAS, the City Council of the City of Carlsbad, California, on October 1, 1991, considered the required subrecipient agreements 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 Agreements between the City of Carlsbad and the subrecipients as attached hereto as Exhibit 2. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, on the 2lst day of January , 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaarc NOES: None ABSENT : None ;!> /f/ ./+/ /.Y9 i /$$@/ ,,I: L/ ”- - /’CLAUDE x. LEWIS, Mayor , /-: L,’ @/?-v ATTEST: 8, city Clerk nt City Clerk (Seal) ~ ~ .r w * EXHIBIT 2 SUBRECIPIENT AGREEMENTS FOR 1991-92 COMMUNI17 DEVELOPMENT BLOCK GRANT FUND SUBRECIPIENTS 1.) Community Resource Center 2. ) Fraternity House 3.) AIDS Foundation, San Diego 4.) San Diego County Department of Health Services/Mental Services ,a w w v AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COMMUNITY RESOURCE CENTER FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1991 -92 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 COMMUNITY RESOURCE CENTER a non-profit organization hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide counseling services to assist low and moderate income persons in maintaining adequate housing in Carlsbad; and WHEREAS, the City would like to provide caseworker assistance, problem solving and advocacy for individuals who need assistance in finding housing; and WHEREAS, the Subrecipient, (Community Resource Center) has the necessary skills and qualifications to provide the services required by the City; 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 1991-92 Community Development Block Grant (CDBG) funds, in the amount of ten thousand dollars ($10,000.00), to the Subrecipient to assist with the costs associated with providing a social service counselor to assist low and moderate income persons in maintaining adequate housing in Carlsbad. The CDBG funds may be used to finance the costs associated with employing one full time counselor for the program. The program will provide casework, problem solving and advocacy for individuals faced with financial and personal problems that could cause homelessness or otherwise reduce the quality of life. Also, the agency will provide emergency aid in the form of food, gas, money, bus tokens and clothing. * w w . The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to operate this 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 $10,000.00 as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in their entirety by June 15, 1992. If the Subrecipient is unable to expend all of the funds allocated to the project by the noted date, a written request for extension of the allocation and this agreement shall be submitted, by the Subrecipient, to the City of Carlsbad; the extension request is due by June 30, 1992. With written approval by the City, the allocation/agreement may be extended into program year 1992-93. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for the costs associated with the employment of a full time counselor for the program to assist lower income persons in maintaining adequate housing in Carlsbad during the period beginning July 1,1991 and ending June 30,1992. The amount to be reimbursed shall not exceed $1 0,000.00 total. Subrecipient shall submit a written statement of request to the City for payment. Each request for reimbursement shall include receipts, an itemized statement of all costs and a quarterly performance report; the report shall include sufficient information to assist the City in monitoring the Subrecipient’s performance in providing counseling services for eligible persons and their families in an effort to prevent homelessness. The Subrecipient must demonstrate satisfactory performance in order to receive each reimbursement for cost associated with one full time counselor for the program. The Subrecipient may request the quarterly reimbursements anytime after January 21, 1992 for the reporting period of July 1, 1991 to January 21, 1992. The subsequent payments shall be available on. the following dates for the noted periods: April 1, 1992 (January 21 to March 31, 1992); and July 1, 1992 (April 1 to June 30, 1992). 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 operation of this program. All reported program income may be retained by the Subrecipient for operational costs related to Fraternity House. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the 2 .c W W - 4. RECORDS AND REPORTS The Subrec'ipient shall submit quarterly performance reports for the program year beginning July 1, 1991 and ending June 30, 1992. The first report is due on April 1, 1992 and the subsequent report is due not later than: July I J 1992. At a minimum, the performance reports shall provide the following information: a. Summary of services provided to Carlsbad residents b. Number of persons assisted during the time period c. Number of persons who are of low and moderate income levels d. Age, sex and ethnicity of persons assisted e. Total number of days the Community Resource Center provided services and information f. Total number of people from served 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 service 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 services provided under this agreement until October 31 J 1995. 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, the 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, except that: 3 w w a. The Subrecipient will not assume the City’s environmental responsibilities 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 of the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 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 for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior approval by the 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. 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 4 w W 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. 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. COMMUNITY RESOURCE CENTER, a non-profit corporation SARAH ROSENFIELD, EXECUTIVE DIRECTOR - 3 - w 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: VINCENT F. BIONDO, JR., CITY ATTORNEY 6 w W AGREEMENT BETWEEN THE CITY OF CARLSBAD AND FRATERNITY HOUSE FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1991 -92 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'8, and FRATERNITY HOUSE, a non-profit organization hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide assistance to persons with AIDS that includes housing, food, access to health services; and WHEREAS, the City has the need to provide safe, clean, home-like environment, managed by a team of caring, compassionate health professions and volunteers for residents with AIDS who are in need of the services that would be available through Fraternity House; and WHEREAS, the Subrecipient (Fraternity House) has the necessary skills and qualifications to provide the services required by the City; 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 1991-92 Community Development Block Grant (CDBG) funds, in the amount of two thousand dollars ($2,000.00), to the Subrecipient to assist with the costs associated with operation of a nine (9) bed residential AIDS shelter that is located in the City of Oceanside, which serves eligible residents from the North San Diego County area including the City 01 Carlsbad. w w The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to operate this 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 $2,000.00 as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in their entirety by June 15, 1992. If the Subrecipient is unable to expend all of the funds allocated to the project by the noted date, a written request for extension of the allocation and this agreement shall be submitted, by the Subrecipient, to the City of Carlsbad; the extension request is due by June 30, 1992. With written approval by the City, the allocation/agreement may be extended into program year 1992-93. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for costs of operating this residential AIDS shelter during the period beginning July 1, 1991 and ending June 30, 1992. The amount to be reimbursed shall not exceed $2,000.00 total. Subrecipient shall submit a written statement of request to the City for payment. Each request for reimbursement shall include receipts, an itemized statement of all costs and a quarterly performance report; the report shall include sufficient information to assist the City in monitoring the Subrecipient’s performance in providing housing, food, and access to health services for persons with AIDS who are staying at the nine bed residential AIDS shelter. The Subrecipient must demonstrate satisfactory performance in order to receive each reimbursement for cost associated with operation of this service. The Subrecipient may request the quarterly reimbursements anytime after January 21, 1992 for the reporting period of July 1, 1991 to January 21, 1992. The subsequent payments shall be available on the following dates for the noted periods: April 1, 1992 (January 21 to March 31, 1992); and July 1, 1992 (April 1 to June 30, 1992). 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 operation of this program. All reported program income may be retained by the Subrecipient for operational costs related to Fraternity House. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. 2 w 0 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reports for the program year beginning July 1 , 1991 and ending June 30, 1992. The first report is due on April 1, 1992 and the subsequent report is due not later than: July 1 , 1992. At a minimum, the performance reports shall provide the following information: a. Summary of services provided to Carlsbad residents b. Number of persons assisted during the time period c. Number of persons who are of low and moderate income levels d. Age, sex and ethnicity of persons assisted e. Total number of days the shelter was open f. Total number of people from Carlsbad served 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 service 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 services provided under this agreement until October 31, 1995. 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, the 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, except that: 3 - 6. 7. 8. 9. w W a. The Subrecipient will not assume the City’s environmental responsibilities 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 of the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 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 for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior approval by the Council. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the employment of personnel. 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.) 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 4 w w 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. 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. Fraternity House a non-profit organization MARY JANE BOYD, BOARD OF DIRECTORS 5 0 W 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: VINCENT F. BIONDO, JR., CITY ATTORNEY 6 - w AGREEMENT BETWEEN THE CITY OF CARLSBAD AND AIDS FOUNDATION SAN DIEGO FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1991 -92 THIS AGREEMENT, made and entered into as of this day of , IS-, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and AIDS FOUNDATION SAN DIEGO a non-profit organization hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide services and information for persons with AIDS, the HIV-infection and ARC diagnoses and their families; and WHEREAS, the City would like to provide daily services as well as emergency services such as food, transportation and payment assistance to eligible persons and these services would be available through the Aids Foundation San Diego; and WHEREAS, the SubrecipientAids Foundation San Diego has the necessary skills and qualifications to provide the services required by the City; 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 1991-92 Community Development Block Grant (CDBG) funds, in the amount of one thousand dollars ($1,000.00), to the Subrecipient to assist with the costs associated with case management, services and information to persons with AIDS, the HIV-infection and ARC diagnoses. The Aids Foundation San Diego will provide comprehensive and ongoing assessment of client needs to ensure that each client is connected with all appropriate services and programs. Services will include daily assistance as well as emergency services such as transportation, food, payment assistance. The case managers will provide information about, and referrals to, the HIV-related services offered by hospitals, clinics and other service agencies. - 0 4P The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to operate this 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 $1,000.00 as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in their entirety by June 15, 1992. If the Subrecipient is unable to expend all of the funds allocated to the project by the noted date, a written request for extension of the allocation and this agreement shall be submitted, by the Subrecipient, to the City of Carlsbad; the extension request is due by June 30,1992. With written approval by the City, the allocationlagreement may be extended into program year 1992-93. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for costs of providing services and information for persons with AIDS, the HIV-infection and ARC diagnoses for the period beginning July 1, 1991 and ending June 30, 1992. The amount to be reimbursed shall not exceed $1,000.00 total. Subrecipient shall submit a written statement of request to the City for payment. Each request for reimbursement shall include receipts, an itemized statement of all costs and a quarterly performance report; the report shall include sufficient information to assist the City in monitoring the Subrecipient's performance in providing services and information to the clients and their families. The Subrecipient must demonstrate satisfactory performance in order to receive each reimbursement for cost associated with operation of this service. The Subrecipient may request the quarterly reimbursements anytime after January 21 , 1992 for the reporting period of July 1 , 1991 to January 21, 1992. The subsequent payments shall be available on the following dates for the noted periods: April 1, 1992 (January 21 to March 31, 1992); and July 1, 1992 (April 1 to June 30, 1992). 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 operation of this program. All reported program income may be retained by the Subrecipient for operational costs related to Fraternity House. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. 2 w - 4. RECORDS AND REPORTS w The Subrecipient shall submit quarterly performance reports for the program year beginning July 1, 1991 and ending June 30, 1992. The first report is due on April 1, 1992 and the subsequent report is due not later than: July 1, 1992. At a minimum, the performance reports shall provide the following information: a. Summary of services provided to Carlsbad residents b. Number of persons assisted during the time period c. Number of persons who are of low and moderate income levels d. Age, sex and ethnicity of persons assisted e. Total number of days the Aids Foundation San Diego provides services and information f. Total number of people from Carlsbad served 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 service 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 services provided under this agreement until October 31, 1995. 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, the 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, except that: 3 - w W a. The Subrecipient will not assume the City’s environmental responsibilities 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 570.612 of the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 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 for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior approval by the 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. 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 4 - w W 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. 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. Aids Foundation San Diego, a non-profit organization AMY SOMERS, EXECUTIVE DIRECTOR 5 W W - .- - 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: VINCENT F. BIONDO, JR., CITY ATTORNEY 6 w W % AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES/MENTAL HEALTH SERVICES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1991 -92 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 COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES/MENTAL HEALTH SERVICES a municipal corporation, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide jobs and gainful employment to approximately fifty (50) Carlsbad residents who have a psychiatric disability; WHEREAS, the City has residents who are Senior Citizens who are in need of additional support and services that would be available through this program; WHEREAS, the Subrecipient (County of San Diego, Department of Health Services/Mental Health Services) possesses the necessary skills and qualifications to provide the services required by the City; 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 1991-92 Community Development Block Granl (CDBG) funds, in the amount of nine thousand dollars ($9,000.00), to the Subrecipient to assist with the costs associated with one staff person and a projeci coordination office in Carlsbad. The majority of the project activities will be conducted at the residences of Seniors in Carlsbad. L .. 2. 3. W W With the CDBG funds allocated, the Subrecipient shall provide an employment opportunity for local residents with psychiatric disabilities as well as basic support services for local Seniors. The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to operate this 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 $9,000.00 as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in their entirety by June 15, 1992. If the Subrecipient is unable to expend all of the funds allocated to the project by the noted date, a written request for extension of the allocation and this agreement shall be submitted, by the Subrecipient, to the City of Carlsbad; the extension request is due by June 30, 1992. With written approval by the City, the allocation/agreement may be extended into program year ‘I 992-93. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for costs of operating this program that is being coordinated , by County of San Diego, Department of Health Services/Mental Health Services during the period beginning July 1, 1!391 and ending June 30, 1992. The amount to be reimbursed shall not exceed $9,000.00 total. Subrecipient shall submit a written statement of request to the City for payment. Each request for reimbursement shall include receipts, an itemized statement of all costs and a quarterly performance report; the report shall include sufficient information to assist the City in monitoring the Subrecipient’s performance in providing services to seniors by individuals that have psychiatric disabilities and are participating in this new County program. The Subrecipient must demonstrate satisfactory performance in order to receive each reimbursement .For cost associated with operation of this service. The Subrecipient may request the quarterly reimbursements anytime after January 21 , 1992 for the reporting period of July 1 , 1991 to January 21 , 1992. The subsequent payments shall be available on the following dates for the noted periods: April 1, 1992 (January 21 to March 31 , 1992); and July 1, 1992 (April 1 to June 30, 1992). PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, eiarned as a direct result of the use of federal CDBG funds for the operation of this program, All reported program income may be retained by the Subrecipient for operationa’ 2 c e W W -* s . costs related to the services provided by individuals who are involved ,with the County of San Diego, Department of Health ServiceslMental Health Services program for the psychiatrically disabled. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reports for the program year beginning July 1 , 1991 and ending June 30, 1992. The first report is due on April 1, 1992 and the subsequent report is due not later than: July I , 1992. At a minimum, the performance reports shall provide the following information: a. Summary of services provided to Carlsbad residents b. Number of persons assisted during the time period c. Number of persons who are of low and moderate income levels d. Age, sex and ethnicity of persons assisted e. Total number of days services were provided f. Total number of Seniors from Carlsbad served 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 service 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 services provided under this agreement until October 31 , 1995. All records subjeict 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, the Subrecipient Agreement and with assurances and agreements made, by t.he 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. 3 - c -* . * 6. 7. 8. 9. W W 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, except that: a. The Subrecipient will not assume the City’s environmental responsibilities 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 of the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, as a condition of this agreement. 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 for review by the Council. No change in use of the CDBG funds will be permitted by the City without prior approval by the Council. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in the provision of services and the employment of personnel. 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.:) 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. 4 z ?* L W .. w W 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. IO. 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. 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. 5 - if w 0 e’ V IN, WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year written above. County of San Diego, Department of Health Services/Mental Health Services a Municipal Corporation PEGGY SMITH, CHIEF, PROGRAM REVIEW & DEVELOPMENT 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: VINCENT F. BIONDO, JR., CITY ATTORNEY 6