HomeMy WebLinkAboutNorth County Community Services; 2014-07-16;AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
NORTH COUNTY COMMUNITY SERVICES FOR
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT ("Agreement") made and entered into as of this day of
CTollj 20///- by and between the CITY OF CARLSBAD ("City") and
NORTH COUNTY COMMUNITY SERVICES, a non-profit corporation ("Subrecipient").
RECITALS
WHEREAS, the City has applied for and received funds from the United States
Govemment under Title I ofthe 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 North County
Community Services 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 five thousand dollars ($5,000) to the Subrecipient for provision of services through
their offices located at 1557 Grand Avenue, Suite C, San Marcos, CA for the period beginning
July 1, 2014 and ending June 30, 2015. 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.
Every effort shall be made by the Subrecipient to expend the allocated funds in their entirety by
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June 30, 2015. 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 $5,000. 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 goveming 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 perfomiance. 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 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 rales and regulations goveming 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, eamed 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.
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4. LABOR. MATERIALS AND SUPPLIES:
The Subrecipient shall fumish 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 $5,500 maximum as
allocated by the City Council for program year 2014-2015.
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:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating each activity undertaken meets one of the National Objectives
of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records demonstrating compliance with 24 CFR Section 570.505 regarding change of
use of real property acquired or improved with CDBG assistance;
e. Records demonstrating compliance with the requirements in 24 CFR Section 570.606
regarding acquisition, displacement, relocation, and replacement housing;
f. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
g. 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,
h. Any other related records as the City shall require to demonstrate compliance with
applicable Federal, state, and local mles and regulations goveming these funds.
The Subrecipient shall submit quarteriy "Progress Reports" within fifteen (15) 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, 2015. 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:
a. Total number of persons/households participating in the program during reported
period;
b. Total number of participants from Carlsbad;
c. Number of low/moderate income Carlsbad persons/households participating in the
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program during the reporting period;
d. Age and ethnic background of Carlsbad participants; and,
e. Summary of program(s) provided to Carlsbad participants.
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, 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 $300,000 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, 2015 and ending June 30, 2016 for any funds received in
fiscal year 2015-2016 per this Agreement.
6. PROGRAM REOUIREMENTS
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 conceming 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 and Redevelopment
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
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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:
a. The Subrecipient will not assume the City's environmental responsibilities as
described in 24 CFR Section 570.604; and
b. 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 funds by
religious organizations, if applicable to this Agreement and the approved project outlined herein.
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.
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
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
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fimds. 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, or improvement
to, the property. Reimbursement is not required after the period of time specified
in paragraph (a) of this section.
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 attomeys' 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.
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
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
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funds, the Subrecipient shall obtain and maintain policies of Commercial General Liability
insurance and a combined policy of worker's compensation and employers liability insurance in
an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower
amount is approved by the City Attomey or the City Manager. The insurance will be obtained
from an insurance carrier admitted and authorized to do business in the State of Califomia. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vn" or have
a surplus line insurer which is on the State of Califomia's List of Eligible Surplus Line Insurers
with a current Best's Key Rating of not less than "A:X".
This insurance shall be in force during the term of this Agreement and shall not be canceled or
materially changed without ten (10) days prior written notice to the City sent by certified mail.
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The City shall be named as an additional insured on these policies. The Subrecipient shall
fumish certificates of insurance and required endorsements to the Housing and Neighborhood
Services Director before commencement of work.
SUBRECIPIENT:
NORTH COUNTY COMMUNITY
SERVICES
CITY OF CARLSBAD
By /:
sisr/nere
print name/title ATTEST
MATT HALL, Mayor
Dated: 7^//6/f^
Dated
By:_ U
)MA/£^
sign here
(/print name/title
Dated:
BARBARA EM&LESON, City CI5
Dated:_±lMliH_
(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:
Celia A. Brewer, City Attomey
CA 8/13/2012
r
N
s
NORTH COUNTY
COMMUNITY
SERVICES
FOOD BANK & CHILD DEVELOPMENT SERVICES
October 25, 2010
Board Resolution
The North County Community Services Board of Directors state, by a quorum vote, to
empower Stan Miller, Executive Director, to execute contracts, amendments to
contracts, and legally sign on the agency's behalf.
Approved tO/25/2010
pf jUjl
38, Board President /, Lupe Orteg
Brent Shintani, Board Vice President and Secretary
1557 Grand Ave., Suite 0 • San Marcos, CA 92078 • '760) 471-5483 • Fax (760) 471-5473 • www.sdnccs.org
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On June 10, 2014, before me, STEPHEN M. L'HEUREUX, Notary Public,
personally appeared STANLEY MILLER and LUPE ORTEGA, who proved to me on
the basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities and that by their signatures on the instrument the persons, or the
entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
y^^^STEPHEN M. L'HEUREUX^ Nntanr?nhlir
O^raaW COMM. # 2003378 g NOtary KUDIIC M^^-l'-'OTARY PUBLIC - CALIPORNIAW KMt^y±W-.B SAN DIEGO COUNTY 0
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN DIEGO )
On June 10, 2014, before me, STEPHEN M. L'HEUREUX, Notary Pubiic,
personally appeared STANLEY MILLER and LUPE ORTEGA, who proved to me on
the basis of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities and that by their signatures on the instrument the persons, or the
entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
/^^,i:iri^HEN M. L'HEUREUX^ Notary Public
0/^-;.4^^ COMM. # 2003378 ft '
WG^<§^n NOTARY PUBLIC - CALITORNIA W
"^W-i^lry SAN DIEGO COUNTY 0 4 ""v^i-AiK/coMM. EXPIRES JAN. 25,2017;*
EXHIBIT "A"
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SCOPE QF WORK
Contract Term: July 1, 2014 to June 30, 2015
Subrecipient Name: North County Community Services
Address: 1557 Grand Avenue, Suite C, San Marcos, CA
Project Description: North County Food Bank
Project Goals & Objectives:
1. CDBG funds will be used to fund the following activities in compliance with the project
description outlined and in conformance with the Federal regulations for the CDBG program:
{Please specify if CDBG funds will be used to fund costs associated with staffing, rents,
utilities, supplies, etc.)
Funds will be used to assist in paying for rent on food bank facility..
2. Project objectives to be accomplished during the contract period: (Please describe the
specific services or activities to be provided to low/moderate income Carlsbad residents with
the CDBG funds awarded. If applicable, please provide a target objective for the number of
persons/households to benefit from the Subrecipient's services/project.)
Provide funds to assist in the operation of the North County Food Bank.
Project objectives perfonnance measures:
a. Provide quarterly performance reports to the City of Carlsbad, Housing and
Redevelopment 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
success in meeting established goals, to the City of Carlsbad Housing and Redevelopment
Department within 15 days of termination of the contract date on the CDBG Armual
Performance Report form as provided.
d. Provide notification to the City of any audits or investigations including results, findings,
and/or liens.
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EXHIBIT "B"
CITY OF CARLSBAD
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET
Contract Term: July 1, 2014 to June 30, 2015
Subrecipient Name: North County Community Services
Address: 1557 Grand Avenue, Suite C, San Marcos, CA
Project Description: North County Food Bank
Cost Breakdown: Funds will be used to assist in paying for rent on food bank facility
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