HomeMy WebLinkAboutJoin Hands Save a Life; 1995-09-21;7r Fc yy -“;“y - aA, 1,
Date September 21
TO File Braepiy WanTed
From Isabelle Paulsen CNo Reply Necessary
On this date, Leilani Hines, Housing S: Redevelopment, received i
copy of the agreement with Join Hands Save A Life.
Leilani stated she would be forwarding a copy of the agreement
the consultant.
Council Meeting of September 12, 1995.
Resolution No. 95-252.
0 0
t
AGREEMENT BETWEEN THE
1995-96 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
CITY OF CARLSBAD AND JOIN HANDS SAVE A LIFE FOR
THIS AGREEMENT, made and entered into as of this 19th day of
SEPTEMBER 9 1995, by and between the CITY OF CARLSBAD, a municip,
corporation, hereinafter referred to as “City”, and JOIN HANDS SAVE A LIFE, a non-prof
organization, hereinafter referred to as “Subrecipient” ~
RECITALS
WHEREAS, the City has applied for and received funds from the United States Governmei
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 to fur
eligible activities which benefit persons of low and moderate income;
WHEREAS, the City has the need to provide assistance to non-profit public service provide;
who offer recreational and/or cultural programs/activities for lower income persons.
WHEREAS, the Subrecipient can provide this basic service for low and moderate incon
households with some assistance from the City; and,
WHEREAS, the City has determined that the Gang Prevention Program offered by Join Hanc
Save a Life is exempt from environmental review under 24 CFR Part 58, Section 58.34(a)(9);
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contain<
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1995-1996 Community Development Block Grant (CDBG) fund
in the amount of seven thousand dollars ($7,000) to the Subrecipient to assist with the cos
associated with provision of a youth diversion/gang prevention program for under-privilegt
and at-risk youths in Carlsbad through the Subrecipients administrative office located at 35;
Madison Street, Carlsbad, California.
Join Hands Save a Life will provide a free constructive alternative for the “at-risk’‘ youth I
Carlsbad. Services to be provided include, but are not limited to:
a. Physical recreational activities;
b. Field trips;
c.
d.
e. Counseling and mediation;
f. Study hall; and,
g. Mentoring program.
Workshops and seminars on conflict resolution and drug awareness;
Graffitti clean-ups and work projects;
1
0 0
%
Every effort shall be made by the subrecipient to expend the allocated funds in their entirety k
June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated to tl
project by the noted date, the subrecipient shall request an extension from the City for continut
use of the funds on the approved project. Based on progress made by the subrecipient towarc
completing the subject project, the City will either agree to grant the extension or notify tl
Subrecipient that the funds must be reallocated to another eligible project due to slow proje
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related 1
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning Jul
1, 1995 and ending June 30, 1996. Payment for eligible administrative expenses shall be ma(
in accordance to budget information to be submitted to the City and in accordance wii
performance. The reimbursements for costs shall not exceed a total of $7,000. The Cii
shall not provide any payments/reimbursements in advance of actual expenditures by tl
subrecipient.
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment fc
program administration costs. Prior to receiving reimbursement, the City will verify that tl
Subrecipient has administered the gang prevention program in compliance with all applicab
Federal, state, and local rules and regulations governing these funds, and in a manner satisfactoi
to the City.
Each request for reimbursement shall include documentation to verify expenditure of funds ill
consistent with the project description/definition as approved by the City Council. Payra
records, receipts, paid invoices including an itemized statement of all costs are samples t
appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by tl
City Council and continue until the expiration date, or amended expiration date, of th
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct resu
of the use of federal CDBG funds for the program outlined within this agreement. All reportr
program income may be retained by the Subrecipient for costs related to the subject progra
activities. However, the program income, retained by the Subrecipient, must be expended befoi
additional funds are requested from the City. The requirements are set forth in the feder
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necessill
to provide the subject program as outlined in this agreement. Under this agreement, the City
only financial obligation to the Subrecipient is to provide the CDBG funds of $7,000 maximu
as allocated by the City Council for program year 1995-96.
2'
L 0 0
5. RECORDS AND REPORTS
The Subrecipient shall maintain all records required by the Federal regulations specified in 2
CFR part 570.506 that are pertinent to the activities to be funded under this Agreement. SUC
records shall include but not be limited to:
a.
b.
C.
d.
e.
f.
Records providing a full description of each activity undertaken;
Records demonstrating each activity undertaken meets on of the National Objectives (
the CDBG program;
Records required to determine the eligibility of activities;
Records required to document the acquisition, improvement, use or disposition of re property acquired or improved with CDBG assistance;
Records documenting compliance with the fair housing and equal opportunity componen
of the CDBG program;
Documentation of all CDBG funds received from the City, eligible expenses incurred fc
administration of each activity, and other financial records as required by 24 CFR Pa
570.502, and OMB Circular A-110; and,
Any other related records as the City shall require to demonstrate compliance wit
applicable Federal, state, and local rules and regulations governing these funds.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginnin
July 1, 1995 and ending June 30, 1996 within fifteen (15) calendar days of the end of eac
quarter. The final progress report is due no later than July 15, 1996. The report must includ
sufficient information to assist the City in monitoring the subrecipient's performance. Th
subrecipient must demonstrate satisfactory 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 services provided
Such data shall include at the minimum client name, address, ethnicity, income level or othei
basis for determining eligibility, and description of service provided. This data shall assist tht
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 providec
by the City. The City, Federal Grantor Agency, Comptroller General of the United States, 01
any of their duly-authorized representatives shall have access to all books, documents, papers an(
records maintained by the Subrecipient which directly pertain to the above project for the purposc
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 agreemen
for a period of three (3) years after the termination of all activities funded under this Agreement
All records subject to an audit finding must be retained for three (3) years from the date thc
g.
Total number of personskouseholds participating in the program during reported period
Total number of participants from Carlsbad;
Number of low/moderate income Carlsbad personskouseholds participating in th
program during the reporting period;
Age and ethnic background of Carlsbad participants;
Summary of program(s) provided to Carlsbad participants; and
3
e 0
finding is made or until the finding has been cleared by appropriate officials and the Subrecipiei
has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal yei
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to subm
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall t
required to submit, to the City, a comprehensive financial audit prepared by an independen
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for tl
period beginning July 1, 1995 and ending June 30, 1996 and is due not later than one year aftc
expiration of the agreement. The Subrecipient shall also be required to submit a second audit fc
the period covered under fiscal year beginning July 1, 1996 and ending June 30, 1997 for ar
funds received in fiscal year 1996-97 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Feder-
Regulations, Part 570 (the Housing and Urban Development regulations concerning Communit
Development Block Grants). The Subrecipient also agrees to adhere to the terms of the City’
CDBG Application and Subrecipient Agreement and with assurances and agreements made, b
the City, to the United States Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as describe
in Section 570.502 of the federal regulations for the CDBG Program; the federal requirement
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 regulation
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirement
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as describe
in Section 570.604; and
The Subrecipient will not assume the City’s responsibility for initiating the reviei
process required under the provisions of Executive Order 12372 described at 570.612 a
the Code of Federal Regulations.
b.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference, a:
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG funds b!
religious organizations, if applicable to this agreement and the approved project outlined herein
CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipien
desires a change in the use of the CDBG funds following approval of this agreement, a writtei
request must be submitted to the City for review by the Council. No change in use of the CDBC
funds will be permitted by the City without prior formal approval by the Council.
7,
4
e 0
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in tl
provision of services and the equal opportunity 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, th
agreement may be suspended or terminated if the subrecipient fails to comply with any term(
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 85.4
of the Code of Federal Regulations are set forth, by reference, as provisions of this agreemen
9.
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fun(
on hand at the time of expiration and any accounts receivable attributable to the use of CDBl.
funds. The subrecipient shall be required to use any real property under the subrecipient’
control that was acquired or improved in whole or in part with CDBG funds in excess of $25,00
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the feder;
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 of th
current fair market value of the property less any portion of the value attributable ti
expenditures of non-CDBG funds for acquisition, or improvement to, the property
Reimbursement is not required after the period of time specified in paragraph (a) of thi
section.
b)
11. HOLD HARMLESS AGREEMENT
The City, its offcers, 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 person2
injuries or death caused by, or claimed to have been caused by, or resulting from, any intention2
or negligent acts, errors or omission of Subrecipient or Subrecipient’s agents, employees, o
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers an(
employees against any of the foregoing liabilities or claims of any kind and any costland expensc
that is incurred by the City on account of any of the foregoing liabilities, including liabilities Oi
claims by reason of alleged defects in any plans and specifications for the project or facility.
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the prioi
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Hold Harmlest
5
I 0 0
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind each ol
the parties hereto, and each of their respective heirs, executors, administrators, successors, anc
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or othei
funds, the Subrecipient shall obtain and maintain policies of general liability insurance and 2
combined policy of worker's compensation and employers liability insurance from an insurana
company authorized to do business in the State of California which meets the requirements ol
City Council Resolution No. 91-403 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 cancela
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 furnisl
certificates of insurance to the City before commencement of work.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as o
the day and year first written above.
JOIN HANDS SAVE A LIFE, non-profit organization,
State of California
ATTZST:
ALETHA L. RAUTENKRANZ, CITY CLE~K
AS TO FORM:
RONALD R. BALL, CITY ATTORNEY
6-