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HomeMy WebLinkAboutHospice of the North Coast; 1997-09-22;IT - 'T Date September 22 0 Reply Wanted To File From Isabelle Paulsen UNO Reply Necessary On this date, Leilani Hines, Housing & Redevelopment, was sent a copy of the agreement with Hospice of the North Coast. Leilani stated that she would get a copy of the agreement to the consultant. Council Meeting: September 2, 1997 Resolution No. 97-594. & 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND HOSPICE OF THE NORTH COAST FOR 1997-98 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 22nd day of SEPTEMBER I. by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred tl “City”, and HOSPICE OF THE NORTH COAST, a non-profit organization, hereinafter referre as “ Subrecipient I’ . RECITALS WHEREAS, the City has applied for and received funds from the United States Govern under Title I of the Housing and Community Development Act of 1974, Public Law 93-38 amended to fund eligible activities which benefit persons of low and moderate income; and, WHEREAS, the City has the need to provide assistance to non-profit public service prov who offer counseling and/or self-improvement programs/activities for lower income persons; and, WHEREAS, the Subrecipient can provide these basic services for low and moderate inc households with some assistance from the City; and, WHEREAS, the City has determined that the Community Bereavement Program offere Hospice of the North Coast is exempt from environmental review under 24 CFR Part 58, Se 58.34(a)(4); and, WHEREAS, the U.S. Department of Housing and Urban Development has approvec City’s Annual Consolidated Funding Strategy and Plan for Community Development Block G funds (hereinafter referred to as the “Annual Consolidated Plan”). NOW, THEREFORE, in consideration of these recitals and the mutual covenants cont, herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated 1997-98 federal Community Development Block Grant (CDBG) fi in the amount of three thousand dollars ($3,000) to the Subrecipient for administratior implementation of the Community Bereavement Program offered at the Subrecipient’s o located at 5421 Avenida Encinas, Suite N, Carlsbad, California for the period beginninj 1, 1997 and ending June 30, 1998. The Subrecipient agrees to use all federal funds pro by the City to the Subrecipient pursuant to the provisions of this Agreement, the Sco Work, attached hereto as Exhibit “A”, and in accordance with the terms of the A Consolidated Plan. Every effort shall be made by the Subrecipient to expend the allocated funds in their entirc June 30, 1998. If the Subrecipient will be unable to expend all of the funds allocated project by the noted date, the Subrecipient shall request an extension from the Cit continued use of the funds on the approved project based on progress made by the Subrec towards completing the subject project, the City will either agree to grant the extensi notify the Subrecipient that the funds must be reallocated to another eligible activity due tc project progress. 1 L e 0 2. DISBURSEMENT OF F"DS The City shall reimburse the Subrecipient with CDBG funds for necessary and reasonable ( related to the provision of services for eligible residents of Carlsbad for the term of Agreement. The reimbursements for costs shall not exceed a total of $3,000. Howeve1 more than 90 percent of the total agreed upon compensation will be paid during performance of this Agreement. The balance due (remaining 10 percent) shall be paid 1 final certification by the City that Subrecipient has administered the services and activitic compliance with all applicable Federal, state, and local rules and regulations governing t funds, and in a manner satisfactory to the City. Payment for eligible expenses shall be made in accordance to budget information providc Exhibit "B" and in accordance with performance. Subrecipient represents that the bt includes only allowable costs and an accurate analysis of costs applicable to the CDBG f pursuant to 24 CFR Part 502. Subrecipient shall submit a "Request for Reimbursement" to the City for compensatic eligible and actual expenses incurred. The City shall not provide any paymentsheimburser in advance of actual expenditures by the Subrecipient. Subrecipient may re reimbursements anytime after this agreement is approved by the City Council and con until the Expiration date, or amended expiration date, of this agreement. Each request for reimbursement shall include documentation to verify expenditure of fund consistent with this Agreement, the Statement of Work, the Annual Consolidated Plan, and all applicable Federal, state, and local rules and regulations governing these funds. Pa records, receipts, paid invoices including an itemized statement of all costs are samplc appropriate methods of reimbursement documentation. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earned as a ( result of the use of federal CDBG funds for the program outlined within this agreement. reported program income may be retained by the Subrecipient for costs related to the su program activities. However, the program income, retained by the Subrecipient, mu expended before additional funds are requested from the City. The requirements are set in the federal regulations Section 570.504 which are incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necf to provide the subject program as outlined in this agreement. Under this agreement, the ( only financial obligation to the Subrecipient is to provide the CDBG funds of $3,000 max as allocated by the City Council for program year 1997-98. 5. RECORDS AND REPORTS The Subrecipient shall maintain all records required by the Federal regulations specified CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating each activity undertaken meets on of the National Objectives 2 0 0 CDBG program; c. Records required to determine the eligibility of activities; d. Records demonstrating compliance with Section 570.505 regarding change of use of property acquired or improved with CDBG assistance; e. Records demonstrating compliance with the requirements in Section 570.606 regar acquisition, displacement, relocation, and replacement housing; f. Records documenting compliance with the fair housing and equal opportunity compor of the CDBG program; g. Documentation of all CDBG funds received from the City, eligible expenses incurrec administration of each activity, and other financial records as required by 24 CFR 570.502, and QMB Circular A-1 10; and, h. Any other related records as the City shall require to demonstrate compliance applicable Federal, state, and local rules and regulations governing these funds. The Subrecipient shall submit quarterly "Progress Reports" within fifteen (15) calendar d? the end of each quarter for the full term of this Agreement. The final progress report is dii later than July 15, 1998. The report must include sufficient information to assist the Ci monitoring the Subrecipient's performance. The Subrecipient must demonstrate satisfa performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. b. C. d. e. The Subrecipient shall maintain client data demonstrating client eligibility for ser provided. Such data shall include at the minimum client name, address, ethnicity, income or other basis for determining eligibility, and description of service provided. This data assist the Subrecipient in completing the required quarterly progress reports to be submitt the City. The Subrecipient shall maintain separate accounting records for the federal CDBG provided by the City. The City, Federal Grantor Agency, Comptroller General of the 1 States, or any of their duly-authorized representatives shall have access to all k documents, papers and records maintained by the Subrecipient which directly pertain 1 above project for the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financial rec supporting documents and statistical reports related to the project identified undei agreement for a period of four (4) years after the termination of all activities funded undt Agreement. All records subject to litigation, claims, audit findings, negotiations, or actions must be retained for four (4) years from the date such action commenced or completion of the action and resolution of all issues by the appropriate officials an Subrecipient has been given official written notice, whichever occurs later. If the Subrecipient shall receive more than $25,000 in total federal funds in one fisca from the City of Carlsbad and/or any other city or agency, the Subrecipient is requii 3 Total number of persons/households participating in the program during rep period; Total number of participants from Carlsbad; Number of low/moderate income Carlsbad persondhouseholds participating ir program during the reporting period; Age and ethnic background of Carlsbad participants; and, Summary of program(s) provided to Carlsbad participants. 0 e submit a Single Audit Report. As required by the Federal Single Audit Act, the Subrecil shall be required to submit, to the City, a comprehensive financial audit prepared b! independent, neutral third-party auditor. The audit shall cover financial operations of Subrecipient for the term of this Agreement and is due not later than one year after expirr of the agreement. The Subrecipient shall also be required to submit a second audit foi following period covered under fiscal year beginning July 1, 1998 and ending June 30, for any funds received in fiscal year 1998-99 per this Agreement. 6. PROGRAM REOUIREMENTS The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Fec Regulations, Part 570 (the Housing and Urban Development regulations concer Community Development Block Grants). The Subrecipient also agrees to adhere to the tc of the City's CDBG Application and Subrecipient Agreement and with assurances agreements made, by the City, to the United States Department of Housing and U Development. The Subrecipient shall comply with applicable Uniform Administrative Requiremenl described in Section 570.502 of the federal regulations for the CDBG Program; the fe 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 regulations as described in Subpart K of the CDBG Program Regulations, such as affirmat furthering fair housing, labor standards (Davis Bacon Act) , displacement, relocation acquisition, and employment and contracting opportunities, except that: a. The Subrecipient will not assume the City's environmental responsibilities as desc in Section 570.604; and The Subrecipient will not assume the City's responsibility for initiating the re process required under the provisions of 24 Code of Federal Regulations Part 52. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referenc a condition of this agreement. The Subrecipient shall comply with all federal regulations related to the use of CDBG fun religious organizations, if applicable to this agreement and the approved project ou herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council and the Department of HUD. If the Subrecipient desires a change in the use of the CDBG following approval of this agreement, a written request must be submitted to the Cil review by the Council. No change in use of the CDBG funds will be permitted by tht without prior formal approval by the Council. 7. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regarding nondiscrimination provision of services and the equal opportunity employment of personnel. 4 0 e 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations, agreement may be suspended or terminated if the Subrecipient fails to comply with any ter of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 85.44 of the Code of Federal Regulations are set forth, by reference, as provisions of agreement. 10. REVERSION OF ASSETS Upon expiration of the agreement, the Subrecipient shall transfer to the City any CDBG f on hand at the time of expiration and any accounts receivable attributable to the use of C1 funds. The Subrecipient shall be required to use any real property under the Subrecipi control that was acquired or improved in whole or in part with CDBG funds in excel $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fec regulations until five (5) years after expiration of the agreement; or, Disposed of in a manner that results in the City being reimbursed in the amount o current fair market value of the property less any portion of the value attributab expenditures of non-CDBG funds for acquisition, or improvement to, the prope Reimbursement is not required after the period of time specified in paragraph (a) o section. b) 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, pena fines, or any damage to goods, properties, or effects of any person whatsoever, noi personal injuries or death caused by, or claimed to have been caused by, or resulting from intentional or negligent acts, errors or omission of Subrecipient or Subrecipient's ag employees, or representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the City and its off and employees against any of the foregoing liabilities or claims of any kind and any cos expense that is incurred by the City on account of any of the foregoing liabilities, inch liabilities or claims by reason of alleged defects in any plans and specifications for the pr or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder withou prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 1 1, "Hold Han Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind ea the parties hereto, and each of their respective heirs, executors, administrators, successors assigns. 5 0 0 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or funds, the Subrecipient shall obtain and maintain policies of general liability insurance i combined policy of worker's compensation and employers liability insurance from an insui company authorized to do business in the State of California which meets the requiremer City Council Resolution No. 91-403 in an insurable amount of not less than one million dc ($1,000,000) each, unless a lower amount is approved by the City Attorney or the Manager. This insurance shall be in force during the term of this agreement and shall not be can 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 furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first written above. HOSPICE OF THE NORTH COAST, a non-profit organization, State of California ATTEST: J A.R- ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: - dLL RONALD R. BALL, City Attorney 7-4 %- 4 z.. 6 0 0 EXIHIBT “A” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SCOPE OF WORK Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: Address : HOSICE OF THE NORTH COAST 5421 Avenida Encinas, Suite N Carlsbad CA Provide a bereavement program for individuals and families suffering fron loss of a loved one. Project Description: Project Goals & Objectives : (Please Attach Additional Sheets As Necessary.) 1. CDBG funds will be used to fund the following activities in compliance with the project descrir outlined and in conformance with the Federal regulations for the CDBG program: (Please spec CDBG funds will be used to fund costs associated with stafsing, rents, utilities, supplies, etc.) Staff salaries for counselors to provide free grief counseling to low and moderate income resic of Carlsbad and other local communities. 2. Project objectives to be accomplished during the contract period: (Please describe the spec@ servic activities to be provided to low/moderate income Carlsbad residents with the CDBG funds awarded. If applicable, J provide a target objective for the number of persons/households to benept from the Subrecipient’s services/project.) Objective: CDBG year. Services include individual grief counseling with trained therapist, support groups and s activities, follow-up phone calls, and information packet mailings. To provide free grief counseling to at least 800 unduplicated clients in the cu 3. Project objectives performance measures: a. Provide quarterly performance reports to the City of Carlsbad, Housing and Redevelop] Department on the CDBG Quarterly Performance Report form as provided. b. Maintain records, invoices, and relevant statistics supporting the quarterly reports. c. Provide a final performance report, including an evaluation report of the program’s succe, meeting established goals, to the City of Carlsbad Housing and Redevelopment Depart] within 15 days of termination of the contract date on the CDBG Annual Performance Rf form as provided. d. Provide notification to the City of any audits or investigations including results, find and/or liens. 7 0 0 EXIHIBT “B” CITY OF CARLSBAD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET Contract Term: July 1, 1997 to June 30, 1998 Subrecipient Name: HOSPICE OF THE NORTH COAST Address: 5421 Avenida Encinas, Suite N Carlsbad CA Provide a bereavement program for individuals and families who have su the loss of a loved one. Project Description: 8