Loading...
HomeMy WebLinkAbout1991-11-06; City Council; 10891; 1990-91 Subrecipient Agreements for Community Development Block Grant Fundsa O Q J V Z Z O U AB# O DEPT_Zf� i CIZ� OF CARLSBAD — AGENC ~ BILL TITLE: 1990-91 SUBRECIPIENT AGREEMENTS FOR DEPT. HD. -I COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CITY ATTY�L RECOMMENDED ACTION: If the City Council concurs, the Resolution No.,je.:_J S to approve Subrecipient Agreements for the Block Grant Program. ITEM EXPLANATION• CITY MGR1 recommended action is to adopt six (6) of the seven (7) 1990-91 federal Community Development On May 8, 1990, the City Council selected the following non- profit organizations to receive Community Development Block Grant (CDBG) Entitlement funding under the 1J90-91 federal program: North County Lifeline; Good Samaritan/ Ecumenical Service Center; Western Institute Foundation for Mental Health; Casa De Amparo; Disabled Network Center; Boys and Girls Club of Carlsbad; and, the San Diego Service Center for the Blind. Prior to disbursing CDBG funding to these non-profit organizations, the City must perform an environmental review and approve a written agreement for each project. As required by federal regulations for the CDBG Entitlement Program, staff has completed the required environmental reviews and prepared the attached 1990-91 subrecipient agreements for six (6) of the seven (7) non-profit organizations noted above. The San Diego Service Center for the Blind has not yet located a site for their facility. Therefore, the environmental review for the Project cannot be completed and the written agreement cannot be approved at this time. Attached for City Council review and approval are the six (6) noted subrecipient agreements. Also, attached for information purposes are copies of the environmental reviews completed for each project/activity. FISCAL IMPACT: No fiscal impact. EXHIBITS: 1. ✓ Resolution No. 0 2.V Subrecipient Agreements for 1990-91 Community Development Block Grant Funds 3.'� Copies of Environmental Reviews for selected 1990-91 Community Development Block Grant Projects 11 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 ,-- RESOLUTION NO. 90-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SIX SUBRECIPIENT AGREEMENTS FOR THE CITY'S 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the City Council of the City of Carlsbad, California, on November 6, 1990, considered the required subrecipient agreements for 1990-91 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 1990-91 Community Development Block Grant Subrecipient Agreements between the City of Carlsbad and the following non-profit organizations: North County Lifeline; Good Samaritan House/Ecumenical Service Center; Western Institute Foundation for Mental Health; Casa De Amparo; Disabled Network Center; and, the Boys and Girls Club of Carlsbad. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Carlsbad, California on the 6th day of November, 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ACLAUD aA.22St. MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLIERK -2 EXHIBIT 2 SUBREGIPIENT AGREEMENTS V� RITE IT - DON'T SAY. 'I y Date WC5V :Mk5ER 7 19 q�} To 0 0 n �-�s m r2n(�, (' O Reply Wanted From m �o ).� ; o �M �o M ONO Reply Necessary -The �Lm,aAc( cw� c� tX1 °U L� a-PL On 6 1 /,�, /9o) -)cLrn-1zz t t-cam, II AIONER FORM NO.56-032 a AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY LIFELINE, INC. FOR 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this day of by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and NORTH COUNTY LIFELINE, INC., a non- =S profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide shelter for homeless persons during periods of inclement weather; and, .4 WHEREAS, the Subrecipient possesses the necessary skills and qualifications to provide the services required by the City; yE NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City follows: and Subrecipient agree as I. STATEMENT OF WORK The City has allocated federal 1990-91 Community Development Block Grant (CDBG) funds, in the amount of seventy three hundred dollars ($ 7300.00), to the Subrecipient to assist in financing the costs of an inclement weather shelter for the homeless h of San Diego North County, including Carlsbad. With the CDBG funds allocated, the Subrecipient shall provide shelter for homeless " persons of Carlsbad during periods of inclement weather at either the Vista or EscondidoNational Armory. The CDBG funds are to be used for costs related directly to operation of the shelter only. ` The Subrecipient shall make every effort to expend the allocated funds in their entirety by June 15, 1991. If the subrecipient is unable to r.. expend all of the funds allocated to the service by the noted date, a written request for extension of the allocation shall be submitted, by the subrecipient, to the City; the extension request is due Dy June 30, 1991. With written approval by the City, the allocation may be extended into program year 1991-92. The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to operate the shelter as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $7300.00 allocated by the City Counc11. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for costs of operating the inclement weather shelter for the homeless in the Vista or Escondido Armory during the period beginning July 1, 1990 and ending June 30, 1991. The amount to be reimbursed shall not exceed $7300..00. Each request fcr reimbursement shall include an itemized statement of costs and a performance report; the report shall include sufficient information to assist the City in monitoring the performance of the Subrecipient in providing inclement weather shelter to homeless persons. The Subrecipient must demonstrate satisfactory performance in order to receive reimbursement for costs associated with the service. 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 the inclement weather shelter for the homeless. All reported program income may be retained by the Subrecipient for operational costs related to :he shelter. 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 at least two 2 performance reports during the program yaar beginning July 1, 1990 any ending June 30, 1991; the first report is due no later than December 31, 1950 and the second is due by June 30, 1991. a minimum, the performance reports shall provide the following information regarding the inclement weather shelter service for the homeless: a. Total number of persons assisted during period b. Total number of assisted persons originating from Carlsbad c. Age, sex and ethnic background of assisted persons d. Summary of service(s) provided to assisted persons e. Total number of days shelter was open during the reports: period 2 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 t have access to all books, documents, papers and record 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 snc statistical reports related to the services provided finder this agreement until September 30, 1994. 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, 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 i^ compliance with all Federal laws and regulations is described in Subpart K of the CDBG Program Regulat:� except that: a. The Subrecipient will not assume the City's env ironmert�' responsibilities; and b. The subrecipient will not assume the Ci':y's responsibility for initiating the revieW process requ•re: under the provisions of Section 34, Part 5Z of the ":J= of Federal Regulations. The provisions of Subpart K, of the CDBG Program R99ula1%-:i_. are set forth, by reference, as a condition of this agreerren=. 6. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved b. e City Council. If the Subrecipient desires a change in .r)v use of the CDBG funds following approval of this agreemert. a written request must be submitted to the City for review 3 G= 7. 8. 9. 10. 11. 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 fo 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 whatever, nor for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives in ~re performance of the service outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free any harmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind ar:: a•-, cost and expense that is incurred by the City on account cf any of the foregoing liabilities, including liabilit,.a= claims by reason of alleged defects in the facllit/ o- tre program. ASSIGNMENT OF AGREEMENT The Subrecipient shall not monies due thereunder without the City. SUCCESSORS OR ASSIGNS assign this agreement cr the prior written consent Subject to the provisions of Paragraph 9, "=void Harm'—:, Agreement," all terms, conditions, and provisions nareD shall insure to and shall bind each of the parties here-,.:. 4 and each of their respective heirs, administrators, successors and asexecutors, signs. 12. INSURE ` The Subrecipient shall obtain and maintain general liability insurance policies of worker's policy of compensation and employers liability an insurance company insurance from authorized to do businessy of California which �n the " State meets the requirements of Resolution No. 90-96 in an insurable City Council amount of not less than one million dollars l$1,000,000) is 4 approved by the each, unless a lower amount City Attorney or the City Manager. This insurance shall e l j agreement and shall not be canceled dwi th uturingt he th i rt rmY this prior written notice (30 to the City sent by ) days certified f?3 mail. The City shall be named as an additional insu policies. .a ron The Subrecipient shall furnish icatesthese sheof insurance to the City before '.1 commencement of work. IN WITNESS WHEREOF the ies agreement to be executed as of thetday have caused this k andreto year written above. NORTH C NTY LIFELINE INC. a non-profit organization, IRL J. COLE, EX VE DIRECTOR CITY OF CARLSBAD, a municipal California corporation of the State of CLAUDE A. LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY 5 I AGREEMENT BETWEEN THE CITY OF CARLSBAD AND GOOD SAMARITAN HOUSE/ECUMENICAL SERVICE CENTER FOR 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 7 ZV,_ day of 7� 1 — , 19fv by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and GOOD SAMARITAN HOUSE/ECUMENICAL SERVICE CENTER, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide case -managed shelter for single homeless men in the North County; and, WHEREAS, the Subrecipient 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 a:_ follows: 1. STATEMENT OF WORK The City has allocated federal 1990-91 Community Devel;:�pment Block Grant (CDBG) funds, in the amount of ten thousand two hundred and forty-four dollars ($10,244,00) and reallocated 1989-90 CDEG funds in the amount of three thousand seven hundred and fifty-six dollars ($3,756.Cc) for a total allocation of fourteen thousanC dollars ($14,000.00) to the Subrecipient to assist in financing ~he .costs of an emergency shelter for homeless single men o�,er the age of eighteen at the Good Samaritan House lecateo at 902 First Street in Oceanside. With the CDBG funds allocated, the Subrecipient shall pro.­:r emergency shelter for homeless single men for a period of cne ( 1 ) to thirty (30) days. At least fifteen (15) single homeless men will be provided shelter on a daily basis. At the shelter, the men shall be given the opportunity to bathe n:i change their clothes. The men shall be permitted to use the address of the Good Samaritan House and a message phone fcr the purpose of obtaining employment. The Subrecipient shall furnish all labor, materials and services and bear all expanses necessary to operate the shelter as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $14,000.00 allocated by the City Council. 2. DISBURSEMENT OF FUNDS The City shall make quarterly payments to the Subrecipient of cover costs associated with operation of the Good Samaritan House, emergency case -managed shelter, for homeless single men in San Diego North County, including Carlsbad, during the period beginning July 1, 1990 and ending June 30, 1991. The quarterly payments shall be made in the amount of $ 3,500.00, not to exceed $14,000 total. To receive payment, the Subrecipient shall submit a written statement of request to the City. Each request for payment shall include an itemized statement of relative costs and a performance report; the report shall include sufficient information to assist the City in monitor the shelter's performance. The Subrecipient must demonstrate satisfactory performance in order to receive each quarterly payment. The Subrecipient may request the quarterly payments anytime after the following dates for the noted periods: October 1, 1990 (July 1 to September 30, 1990); January 1, 1990 (October 1 to December 31, 1990); April 1, 1991 (January 1 of March 31, 1991); and July 1, 1991 (April 1 to June 30, 1991). 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, zr other income, earned as a direct result of the use or federal CDBG funds for the operation of the case -manage shelter for single homeless men. All reported program income may be retained by the Subrecipient for operational ccs_s related to the shelter. However, the, program lncorre, retained by the Subrecipient, must be expended Ce;:r= additional funds are requested from the City. 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance rep-)--; for the program year beginning July 1, 1990 and ending june 30, 1991. The reports are due no later than :he fo11cN� dates: October 15, 1990; January 15, 1991; April 15, 139, and July 15, 1991. At a minimum, the quarterly performarce 4; reports shall provide the followina infnrmat.inn 2 r� the homeless shelter for single homeless men to be operated at 902 First Street in Oceanside: a. Total number of men sheltered/assisted during period b. Total number of sheltered/assisted men originating from Carlsbad c. Age, sex and ethnic 5ackground of sheltered/assisted men d. Summary of service(s) provided to sheltered/assisted men e. Total number of days each man was sheltered during noted period 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 September 30, 1994. All records subject to an audit finding must be retained for three (3) years from thf. 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 i The Subrecipient shall adhere to the terms of the C�ty's CDBG Application, and with assurances and agreements made, by the City, to the United States Department of Housing and Urban x 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 .agulations as described in Subpart K of the CDBG Program Regulations, except that: a. The Subrecipient will not assume the City's environmental responsibilities; and 3 b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of Section 24, Part 52 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 :he 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 the 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 cf 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 l,ab;e for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, 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 :he performance of the service outlined in this agreement. Subrecipient agrees to d3fend, indemnify, and save free .ard harmless the City and its officers and employees against any of the foregoing iiabi1ities or claims of any kind and % ' cost and expense that is incurred by the City on.account any of the foregoing liabilities, including liabilities 4 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 Paragraph 9. "N�1d Harmless Agreement," all terms, conditions, and provisions hereof :p 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 tnan one million dollars ($1,000,000) each, unless a lower amoun-� 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 �nf insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused til s agreement to be executed as of the day and year, written abode. CATHOLIC CHARITIES GOOD SAMARITAN HORSE/ECUMENICAL SERVICE CENTER, a non-profit organization, �sffloz �Re MARF1:EIII-9i[BERB&, EXECUTIVE DIRECTOR Sister RayMonda DuVall 5 CITY OF CARLSBAD, a municipal corporation of the State of California CLAUDE A. LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY _� t F OCT : 1990 C!t, of AGREEMENT BETWEEN THE CITY OF CARLSBAD �K..e. AND WESTERN INSTITUTE FOUNDATION FOR MENTAL HEAL FOR 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this f tom/ day of %01' -� 19�ji_e by and between the CITY OF CARLSBAD', a municipal corporation, hereinafter - referred to as "City", and WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide assistance to victims of Alzheimer's Disease; and, WHEREAS, the Subrecipient possesses the necessary skills anc 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 a_ follows: 1. STATEMENT OF WORK The City has allocated federal 1990-91 Community Develocme— Block Grant (CDBG) funds, in the amount of twelve thousa,-:: ons hundred and eighty dollars ($12,180.00), to .�-e Subrecipient to assist in financing the costs of a day :a- program designed to assist older adults with merrzr. impairment due to Alzheimer's Disease. The program wil: ce provided at the Oceanside Alzheimer's Center, located at .S. Ditmar Street in Oceanside, and the North case Alzheimer's Center located at 120 Stevens Street in Scl Beach. With the CDBG funds allocated, the Subrecipient shall prz.•== a supervised, structured day program for memory- impa-rec adults. The adults participate in activities at the Cente, apt: receive a hot meal for lunch. The center also shall pr,:v • ,:, m counseling and training for caregivers to assist them coping with the day to day stress which may result fr•c^.' caring for family members with Alzheimer's•Disease. x I I 2. 3. The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to operate the 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 $12,180.00 allocated by the City Council. DISBURSEMENT OF FUNDS The City shall make quarterly payments to the Subrecipient to cover costs associated with operation of the Alzheimer's Victim Assistance Program during the period beginning July 1990 and ending June 30, 1991. The quarterly payments shall be made in the amount of $3,045.00, not to exceed $12,180.00 total. To receive payment, the Subrecipient shall submit a written statement of request to the City. Each request for payment shall include an itemized statement of relative costs and a performance report; the report shall include sufficient information to assist the City in monitoring the performance of the Subrecipient in providing assistance to victims of Alzheimer's disease. The Subrecipient must demonstrate satisfactory performance in order to receive each quarterly payment. The Subrecipient may request the after the following dates for th 1990 (July 1 to September 30, (October 1 to December 31, 1990); March 31, 1991); and July 1, 1991 1991). PROGRAM INCOME e quarterly payments anytime noted periods: October 1, 1990); January 1, 1990 April 1, 1991 (January 1 to (April 1 to June 30, The Subrecipient shall report, to the City, any interest, cr other income, earned as a direct result of the use of federal CDBG funds for the operation of the assistance program for the Alzheimer's victims of Carlsbad. Ai' reported program income may be retained byi the Subrecipient for operational costs related to the program. However, the Program income, retained by the Subrecipient, must to expended before additional funds are requested from the City. 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reGor.= for the program year beginning July 1, 1990 and ending June 30, 1991. The reports are due no later than the following dates: October 15, 1990; January 15, 1991; April 15, 1991 E 0 and July 15, 1991. At a minimum, the quarterly performance reports shall provide the following information regarding the Alzheimer's Victim Assistance Program to be operated in Oceanside and Solana Beach: a. Total number of persons assisted during period b. Total number of persons assisted who reside in Carlsbad c. Age, sex and ethnic background of assisted persons d. Summary of service(s) provided to each assisted person e. total number of days each assisted person participated in program 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 September 30, 1994. 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'= CDBG Application, and with assurances and agreements made, oy the City, to the United States Department of Housing and Urtan 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 Regulaticns, except that: a. The Subrecipient will not assume the City's environments' responsibilities; and b. The Subrecipient will not assume the City's 3 6. 7. S. 9. i r responsibility for initiating the review process required under the provisions of Section 24, Part 52 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 CCBG funds following approval of this agreement, a written request must be submitted to the City for review 10 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 o•i! 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 peKson whatever, 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 and expense that is incurred by the City on account of 4 I any of the foregoing liabilities, including liabilities or ,.1 aims by reason of alleged defects in the facility or the program. F 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 Paragraph 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 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year written above. WESTERN INSTITUTE FOUNDATION FOR MENTAL HEALTH, a non-profit or ization, JUD AIYERBURY, EXECUT6WE DIRECTOR CITY OF CARLSBAD, a municipal corporation of the State of California .i CLAUDE A. LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY S AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CASA DE AMPARO FOR 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this / day of v lilt-C 19 4,5�v by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and CASA DE AMPARO, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide shelter and counseling services for children of Carlsbad who have been molested, neglected or abused; and, WHEREAS, the Subrecipient 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 1990-91 Community Develcpment Block Grant (CDBG) funds, in the amount of fifteen thousand dollars ($15,000.00), to the Subrecipient to assist *r financing the costs of a shelter and counseling services for children of Carlsbad who have been abused, neglected cr molested. ; With the CDBG funds allocated, the Subrecipient shall prci;de .a safe shelter, including food and clothing, and 24-hour supervised care for abused and molested children. The Subrecipient shall also provide a full program of, counseling and psychological assistance to the children sheltered i :hi•, the facility located at 4070 Mission Road in San Luis Rey. The Subrecipient shall furnish all labor, materials ar:. services and bear all expenses necessary to operate .he shelter as outlined in this agreement. Under this agreement. the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $15,000.00 allocated by the City Council. I I "_ 2. 3. 4. DISBURSEMENT OF FUNDS The City shall make quarterly payments to the Subrecipient to cover costs associated with operation of the Casa De Amparo shelter. The quarterly payments shall be made in the amount of $3,750.00, not to exceed $15,000 total. To receive payment, the Subrecipient shall submit a written statement of request to the City. Each request for payment shall include an itemized statement of relative costs and a performance report; the report shall include sufficient information to assist the City in monitoring the Subrecipient's performance in providing shelter and counseling services. The Subrecipient must demonstrate satisfactory performance in order to receive each quarterly payment. The Subrecipient may request the quarterly payments anytime after the following dates for -the noted periods: October 1, 1990 (July 1 to September 30, 1990); January 1,• 1990 (October 1 to December 31, 1990); April 1, 1991 (January 1 of March 31, 1991); and July 1, 1991 (April 1 to June 30, 1991). 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 the shelter fcr abused or neglected children. All reported program income may be retained by the Subrecipient for operational costs related to the shelter. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reports for the program year beginning July 1, 1990 and ending .tune 30, 1991. The reports are due no later than the following dates: October 15, 1990; January 15, 1991; April 15, 991 and July 15, 1991. At a minimum, the quarterly performan:e -reports shall provide the following information regarding the shelter for abused and/or neglected children to to operated at 4070 Mission Road in San Luis Rey. a. Total number of children sheltered/assisted during perico b. Total number of sheltered/assisted children originating from Carlsbad c. Age, sex and ethnic background of sheltered/assisted children . Z.Z' r d. Summary of service(s) provided to sheltered/asgisted children e. Total number of days each child was sheltered during noted period 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 above service for the purpose of audit, examination, and transcriptions. excerG ' Unless otherwise notified by the City, the Subrecipient shall retain all financial z 3 records Supporting pporting documents and statistical reports related to the services provided under this agreement until September 30, 1994. All records subject to an audit finding must be retained for three ( 3 ) from years 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, .` and with assurances and agreements made, by the City, to the United States Department of Housing and urban Development. n7 The Subrecipient shall comply with applicable Uniform Administrative Requirements as described in Section 570.5C7 of the federal regulations for the CDBG Program; the federa' requirements are set forth, by reference, as a provision this agreement. The Subrecipient shall carry out all activities compliance with all Federal laws and regulations as K described in Subpart K of the CDBG Program Regulations. except that: ;j a. The Subrecipient will not assume the City's ervironmentai responsibilities; and ;t 'b. The Subrecipient will not assume the City's responsibility for initiating the review process requ;re; under the provisions of Section 24, Part 52 of the Occz- of Federal Regulations. The provisions of Subpart K , of the CDBG Program e- are set forth, by reference, as a condition f thisagreement, 's ' 3 f I 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. S. 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 Code 0m7fivW0t*rQd. R8gatabrjo0f, JhWt$eM.48rhho a5X4*ef6rift1Ee, 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 whatever, ncr for personal injuries or death caused by, or claimed to have been caused by, or resulting from, any intentional negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees, or representatives •n e performance of the service outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free ar•c harmless the City and its officers and employees against an; of the foregoing liabilities or claims of any kind and an/ cost and expense that is incurred by the City on account of .any of the foregoing liabilities, including liabilities :)r claims by reason of alleged defects in the facility or tr= program. 10. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunder without the prior written consent the City. 4 i� 11. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 9, "Hold Harmless Agreement," all terms, conditions, and provisions hereof snall insure to and shall bind each of the parties hereto, f and each of their respective heirs, executors, administrators, successors, and assigns. 12. INSURANCE 3� The Subrecipient shall obtain and maintain policies cf general liability insurance and a combined policy of worker's compen'saticn 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. a ja. c h r •.i J i i S ■' t U . �1 '4 4? 31 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year written above. CASA ,I'MPAR a no -profit organization, ALEX VERDtICI, EXECUTIVE UIRECTOR CITY OF CARLSBAD, a municipal corporation of the State of California CLAUDE A. LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY 1 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND BOYS AND GIRLS CLUB OF CARLSBAD FOR 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this ZZ _ day or 91j by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit organization, hereinafter referred to as "Subrecipient". ' Y RECITALS WHEREAS, the City has the need .to provide a safe recreational facility for children of low/moderate income families within Carlsbad; and, WHEREAS, the Subrecipient can provide a safe recreational facility for the children of Carlsbad with some assistance from the City; y NOW, THEREFORE, in consideration of these recitals and ...a mutual cover.ants contained herein, City and Subrecipient agree :: follows: 1. STATEMENT OF WORK The City has allocated federal t990-91 Community ��evelcFMen� Block Grant (CDBG) funds, in the amount cf thirty thousandIJ _r dollars ($30,000.00), to the Subrecipient to asslct fire sprinkle - financing the costs of installing a new Girls Club recreational fac'li:, system in the Boys and located at 3101 Tyler Street in Carlsbad. With the CDBG funds allocated, the Subrecipient sn''; purchase and install a new fire sprinkler system througica: the Boys and Girls Club recreational facility. With the improved facility, the Subrecipients al l/ recreational opportunities to children f mode rata r income families within the City of Carlsbad. f The Subrecipient shall make every effort to expend the R;e 2. 9P 4. allocated funds in their entirety by June 15, 1991. 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, 1991. With written approval by the City, the allocation and this agreement may be extended into program year 1991-92. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for material and labor costs associated with installation of the fire sprinkler system at the noted facility. The reimbursements for costs shall not exceed $30,000.00. Each request for reimbursement shall include an itemized statement of relative costs and a performance report; the report shall include sufficient information to assist the City in monitoring the progress of the Subrecipient in installing the fire sprinkler system. The Subrecipient must demonstrate satisfactory performance in order to receive reimbursement. The Subrecipient may begin requesting reimbursements anytime after the following dates for the noted periods: October 1, 1990 (July 1 to September 30, 1990); January 1, 1990 (October 1 to December 31, 1990); April 1, 1991 (January 1 to March 31, 1991); and July 1, 1991 (April 1 to June 30, 1991). 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 installation of the fire sprinkler system at the Boys and Girls Club of Carlsbad. All reported program income may be retained by the Subrecipieri: for costs related to installation of the fire sprinkler system. However, the program income, 'retained by the Subrecipient, must be expended before additional funas are requested from the City. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to purchase and install the new fire sprinkler system at the Boys and Girls Club of Carlsbad as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $30,000.00 allocated by the City Council. 2 The Subrecipient shall request and review competitive bids from at least three(3) companies for purchase of supplies and labor related to installation of the fire sprinkler system at the identified facility. All procurement transactions are to be conducted so as to allow full and open competition. Also, the Subrecipient shall take all necessary and affirmative steps to assure that small, minority and women's business enterprise and labor surplus area firms are used to complete the project outlined in this agreement. As required by federal regulations, the Subrecipient shalt pay all laborers, working on the noted project, federal prevailing wages as outlined in the Davis -Bacon Act. Also, the Subrecipient shall comply with the Copeland "Anti - Kickback" Contract Work Hours and Safety Standards (Sections 103 and 107) Acts. The noted federal regulations are set forth, by reference, as provisions of this agreement. The City shall provide the Subrecipient with the Federal Wage Determination to be used to pay laborers' wages for the project outlined in this agreement. 5. RECORDS AND REPORTS The Subrecipient shall submit at least two (2) performance reports during the program year beginning July 1, 1990 and ending June 30, 1991; the first report is due no later than December 31, 1990 and the second is due by June 30, 1991. At a minimum, the performance reports shall provide tte following information regarding utilization of the Boys and Girls Club by the children of low/moderate income families within Carlsbad: a. Total number of children participating in programs at the Boys and Girls Club of Carlsbad during reported period b. Age, sex and ethnic background of children C. Summary of program(s) provided to children 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 :he above project for the purpose of audit, examination, excerpts and transcriptions. 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 period beginning July 1, 1990 and ending June 30, 1991; the audit is due no later than September 1, 1991. If this agreement is extended, for any reason, into program year 1991-92, the Subrecipient shall be required to submit a second audit for the period covered under the amended agreement. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and z; statistical reports related to the project identified under this agreement until September 30, 1994. 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. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City's $ CDBG Application, and with assurances and agreements made, by + the City, to the United States Department of Housing and Urban 1i Development. 14 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 •� compliance with all Federal laws and regulations as f described in Subpart K of the •CDBG Program Regulations, except that: a. The Subrecipient will not assume the City's environments) responsibilities; and b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of Section 24, Par1; 52 of the Code ' of Federal Regulations. ' The provisions of Subpart K, of the CDBG Program Regulaticns, ' are set forth, by reference, as a condition of this agreement. M 7. CHANGES IN USE OF FUNDS 1` Changes in the use of CDBG funds must be approved by t 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 ; 4 the Council. No change in use of the CDBG funds will be permitted by the City without prior approval by the Council. 8. CHANGES IN USE OF THE FACILITY The Boys and Girls Club of Carlsbad shall remain in operation as a recreational facility for the children of Carlsbad, specifically for the children of low/moderate income families, for a period of at least five (5) years following complete expenditure of the CDBG this agreement. If the property is sold and/or there is a significant change it the use of the facility prior the expiration of the five (5) year "holding" period, Subrecipient shall return the CDBG funds provided through this agreement to the City according to the following schedule: YEARS) OF CONTINUED AMOUNT OF FUNDS TO Bt R .'AID TO CITY OPERATION < 1 year $30,000 1-2 years $24,000 $18,000 2-3 years $12,000 3-4 years $ 6,000 4-5 years $ -0- > 5 years g. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal of laws regarding nondiscrimination in the provision services and the employment of personnel, 10. SUSPENSION AND TERMINATION OF _AGREEMENT In accordance with Section 24, Parts 85.43 and 65.44 cf a -a this agreement may be suspendau { Code of Federal Regulations, terminated if the subrecipient fails to comply wit a: for or term(s) of the award and/or the award is terminated 85.44 of the Code of convenience. Section 24, Parts 85.43 and set forth, by reference, a� 'Federal Regulations are ;s provisions of this agreement. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable fines, or any damage for any claims, liabilities, penalties, properties, or effects of any person whatever, to goods, 5 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 Subrecipient's or agents, 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 officers and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of on any of the foregoing liabilities, including or claims by reason of alleged defects in any plans and specifications for the project or facility. ?'? 12. ASSIGNMENT OF AGREEMENT l The Subrecipient shall not assign this agreement or any monies due thereunder without the City. the prior written consent of 13• _SUCCESSORS OR ASSIGNS :j Subject to the provisions of Paragraph 11, "Hold Harmless Agreement," all terms, conditions, and hereof shall insure to and shall bind each of therovisions pt and each of their respective heirsarties here"s, administrators, successors, executors, and assigns. '4 14. INSURANCE :{ The Subrecipient shall obtain and maintain policies cf general liability insurance and a combined worker's compensation and employers liability insuranceyfr�m an insurance company authorized to do business in the State of California which meets the requirements Resolution No. 90-96 in an insurable tless '�than amount f not one million dollars is approved by the City'Attorney or theuCitysMa loweranager. amount This insurance shall be in force during the term of :h;s 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 cr insurance to the City before commencement of work, N. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year written above. BOYS AND GIRLS C B OF CARLSBAD, a non-profit organization, BILL SAYLOR, EXECU VE DIRECTOR CITY OF CARLSBAD, a municipal corporation of the State of California IN CLAUDE A. LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY of � �4 F E i y 47 r i k, AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DISABLED NETWORK CENTER FOR 1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this qz% day of 19,fq by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and DISABLED NETWORK CENTER, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide information, referrals, training and other services to persons disabilities; and, WHEREAS, the Subrecipient possesses the necessary skills and qualifications to provide the services required by the City; ese and he NOW, cenannttsOR, in consideration of cohntained herein, city andSubrecipientst agree as mutualov follows: 1. STATEMENT OF WORK The City has allocated federal 1990-91 Community Development Block Grant (CDBG) funds, in the amount of fifteen hundred dollars ($1,500.00), to the Subrecipient to assist in financing the costs of a Disabled Network Resource Center for persons of Carlsbad with disabilities. With the CDBG funds allocated, the Subrecipient shall provide a Resource Center for persons with disabilities. The Center shall provide information and referrals; independent living training; employment training (i.e., computer labs, basic d other counseling, ehousing skills, nservices peer referrals and education information. The Subrecipient shall provide the noted services at the Disabled Network Resource Center to be located at 4101 Mission Avenue in Oceanside. The Subrecipient shall furnish all labor, materials and Certere as outlined inar 11thispenses agreement. Under thisto perate the agreement, Center the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $1,500.00 allocated by the City Council. 2. DISBURSEMENT OF FUNDS 3. 4. The City shall make quarterly payments to the Subrecipient to cover costs associated with operation of the Disabled Network Center. The quarterly payments shall be made in the amount of $ 375.00, not to exceed $1,500 total. To receive payment, the Subrecipient shall submit a written statement of request to the City. Each request for payment shall include an itemized statement of relative costs and a performance report. The Subrecipient must demonstrate satisfactory performance in order to receive each quarterly payment. The Subrecipient may request the after the following dates for the 1990 (July 1 to September 30, (October 1 to December 31, 1990); to March 3.1, 1991); and July 1, 1991) . quarterly payments anytime noted periods: October 1, 1990); January 1, 1990 April 1, 1991 (January 1 1991 (April 1 to June 30, 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 the Disabled Resource Center in Oceanside. All reported program income may be retained by the Subrecipient for operational costs related to the Center. However, the program income, retained by the Subrecipient, must be expended before additional funds are requested from the City. L "I !JLI:l i= 1 The Subrecipient shall submit quarterly performance reports for the program year beginning July 1, 1990 and ending June 30, 1991. The reports are due no later than the following dates: October 15, 1990; January 15, 1991; April 15, 1991 and July 15, 1991. At a minimum, the quarterly performance reports shall provide the following information regarding the Disabled Network Resource Center to be operated at 4101 Mission Avenue in Oceanside. a. Total number of disabled persons assisted during period b. Total number of disabled persons originating from Carlsbad c. Age, sex and ethnic background of assisted persons d. Summary of service(s) provided to assisted persons 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 September 30, 1994. 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, 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: a. The Subrecipient will not assume the City's environmental responsibilities; and i b. The Subrecipient will not assume the City's responsibility for initiating the review process required under the provisions of Section 24, Part 52 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. 3 b_J 6 . C,,HHA ENG S_ I N USE OF FUNDS L 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. S. 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 whatever, not 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 and 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. to. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any 4 y.: monies due thereunder without the prior written -consent of the City. 11. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 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. DISABLED NETWORK CENTER, a non-profit organization, DOLORES M. SKOLIMOWSKA, PRESIDENT 1 CITY OF CARLSBAD, a municipal corporation of the State of California CLAUDE A. LEWIS, MAYOR 5 3�_ I m ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY 6 EXHIBIT 3 ENVIRONMENTAL REVIEWS C- ��1._ _.t PER:- _ JEORil- t-C kA r_- Atr,I Statutory Checklist Checklist of Applicable Statu /GLcZPMt_ t\'T x 2P_t t and Regulations Project Name and Identification No. NORTH Cc jN" L-i DELI QE It3'C (:5HEt_, ER FCR Nc rAtrt l= i�� 3- qp - ►AC -c,6 • o5e3 Are all activities of this project exempt from NEPA procedures? ❑ Yes lA No (If yes, this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? t'es ❑ No (if yes, this Statutory Checklist and all required actions must be completed.) Area of Statutory —Regulatory , Compliance �4 �, `o'er (Precise citations for applicable q.°06 ��' �..�� statutes and regulations are printed+°e ? on the back of this Checklist. Full a° �o� 3 �� .:�� Note Compliance Documentation discussion of each is provided in Annendix B of this Guide.) ? C Historic Properties Floodplain Management x Wetlands Protection X Noise Air Quality X Manmade Hazards Thermal/Explosive Hazards _ Airport Clear Zones -- -- ••--�—•-- - _� Water Quality X Navigable Waters Aquifers Solid Waste Disposal 1\ Coastal Areas Coastal Zone Management Coastal Barrier Resources 7� Endangered Species 'Attach evidence that required actions have been taken. 22 t•:- J...-=- cf .�.0 i S np7 C�G si 5 /1A'� 1fi e s��j s AA �; ri c Pro .. ...x�.1�:at! �t::as_e^.u•n: j�� �t3fi�S 'Gi ���� i $ ilA�' ��C_R"�'�'G� in .F/gad p IA►., —. -- ---- ,. %1 c:tand, i'ratc.t:on yYicc e.x/37'5 . fx �c��'c1 __-.._-- -- NotsL A o 1 3 1- • �,� 9 �� /, � �s .F� �, `i,� %sue Air QU21itv f�c coil fi%��fr ��n �'� � S ' Manmade Hazards . Water Quality ---------------- Solid Waste Disposal Coastal Areas ---------------- Endangered Species 7-4 vse- o/- WA4(( rL -7 % v f C d4 TL,A&*441 7- e /fro% "� A-' M,1J-AM9 dC j4 41se - 4.; // ^a � & A-/14i9 dt Sa �,-d w�-s� d,;�s�-f • j6 s � c.101 n0- .v't �AC� y Cp?S � /G3aU-1ca q t ! eit, A�7 cXitf I �Gtdi-c ��c i►� �II� lid S v.! t I Farmiands Protection ., � ! 74rt �,� w,ald � SaQ•. i C. :,, Wild and Sccnic Riecrs 40 s a 3 Statc or Local Statutcc - ' STATUTORY REVIEW CONCLUSION Based on the review findin s covering the above factors, it is determined the cite project is subject to: / / A findin that 24 CFR Part 58.34(a)(10) is applicable and no further environmental review, notice or 24 clearance CFR Part is required. 58.35(b) is applicable and a Request-for-Release-of-Fu..-` A findin that public notice and related certification is required. ` C• 'by: n ' Date: Prepared . Date • (RI13 �q?) Certifying Officer: l� -j t-c—1 CCk' i ACT i- •Ct„ Cct?LiL �.ry +T rZ t �� Statutory Checklist Checklist of Applicable Statutes ft`- `'E'-f= t'�' T X Z-811 and Regulations Project Name and identification No. Lcoo GArnAR 17AN h1CxoZ) : CJt-tELTER FC F, t4otTeLi= - MEN> 8-9o-M.0 -o, - 05-' 3 Are all activities of this project exempt from NEPA procedures? ❑ Yes % No (If yes, this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? ®lies ❑ No (If yes, this Statutory Checklist and all required actions must be completed.) 6� r Area o! Statutory —Regulatory + Compliance, 3. (Precise citations for applicable o 14Or gt P o�� X� statutes and regulations are printed �► �+ �Q' ,�� ,' a, on the back of this Checklist. Full ea ��� 3 �ti :# Note Compliance Docum niation discussion of each is provided in Appendix B of this Guide.) ?° i �° 4°, Historic Properties Floodplain Management Wetlands Protection Noise Air Quality Manmade Hazards Thermal/Explosive Hazards _ Airport Clear Zones Water Quality Navigable Waters Aquifers Solid Waste Disposal Coastal Areas Coastal Zone Management Coastal Barrier Resources Endangered Species 'Attach evidence that required actions have been taken. 22 i 4 M �• J•/�:.C♦ JSII. {Il1�Ui17�1.: J...t.. /r H{.!orl; S" 6i ecf s,* 75 4--r _dG S 7S/7,944d /i..5 /7N •c P,-Orel {� ♦ta:ta_emcn; Y�c ?nrf3finJ \\ wand, Prote4ion � R/*6 qA cvt f lcyd rGf04,r ceS p,� - Ae- _— 7"0 A6t ffo{¢-f¢d font¢ tit •Fq ci 1•}% '�otsr -/,Ad"x ewi /l hG no inc�Q.gs2 %.t no % SC bey c� d c•��r�� ,t of SC /aw�(S , • Air Qualit % i �TI'� 9 CIA Con fi.t �.�i s•.r a f � fi �a Manntadc Hazards ]~fit uSG or S4,orAJe o7 MA,t ,,,,A de ft.i�grc/S ��•J1 i s no� ASSQc;q Z-'- -4 • Water Quality • Solid Waste Disposal • Coastal Areas Endangered Species e-*3 -A 0- P,q fo 4."11 Since r4- r3 /n . V-I,dhvoye2 C/ s PCe-; W f Avii If fitc� lc`� /SG�c.,te soIt'd 't�,.�sf ,�e dr3 SA/ wr`l l Ao4 Ar- ?, tpgc f ed zf • 4-1 sue•- {-� �. • Farmlands Protection i 7�hQr2 ,4•rc 7v-�AAo-JlA^06r pn o,e, 4,c( •Qt�� 76 p''o ec-1 S� Wild and Sccnic Ri%•.rs r!' G� Rr� /to /4-rt4. State or Local Statute, STATUTORY REVIEW CONCLUSION Based on the review fins covering the above factors, it is determined the cited pro ect is subject to: A finding that 24 CFR Part 58.34(a)(10) is applicable and n r review, notice or clearance is required. o further environmental A finding that 24 CFR Part 58.35(b) is applicable and a Request-for-Release-or-Fu,--, Public notice and related certification is required. Prepared by: - s tMCt + Da,.e• _ 8•� •c%D Certifying Officer. Date: 19 R.r*tp��vt:. PMcN � X Zcg l i ` statutory Checklist Checklist of Appltcable Statutes and Regulations Project Name and Identification No. `�`tt�t F�RN sNDTI'rL rC- i=OK MCNTAL I+EALTH (�VL: �• Te) + B-`io'MC— cr. -o563 OF At_zi�EiMEFZ) Yes � No Are all activities of this project exempt from NEPA procedures? ❑ (If yes, this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? (Dies ❑ No (If yes, this Statutory Checklist and all required actions must be completed.) Area of Statutory —Regulatory Compliance ! i (Precise citations for ,g applicable °p st, •�+ statutes and regulations are printed �y' �.�� yv'' .sNote Compl am Docttmenlation on the back of this Checklist. Full discussion of each is provided in Appendix B of this Guide.) .y Historic Properties J jFloodplain Management X Wetlands Protection ' 1 Noise Air Quality Manmade Hazards X Thermal/Explosive Hazards �I Airport Clear Zones j Water Quality _ - Navigable Waters Aquifers Solid Waste Disposal y Coastal Areas Coastal .� k'. Zone Management Coastal Barrier Resources Endangered Species *Attach evidence that required actions have been taken. 22 e f 4 I ";1'. i,J, lath:t.:.i . � _ � .._ %�e fV 61 �� s;-f'L � S na-f' des,9RA�d .9-s A••.� ` L e' f .7O" '1 T4Gi �r ' / i j ito7' -,r 9 d f --• j lit.' A•itc �� �ffitFitct( �¢Soc./'cc.'j__o^ --fete. \\ c:iand, Protcaton Now • T%i Gr•¢ cvr /i � � n o i,� c /"�}-.Stt , •mot rt 4 %S e A¢ -- pva/t"711 ivi 11 of be • Air C/ualttr' c'OAAi'7"4AV,? o/' -F�i� a-,a3�i ac,'/, z('cc yh e c, $e A c of 1-114") A44C - Manmade Hazards // / / t r ne 4 d r rOGiA�fGr4 z&tq� 4NI_ S V fe Gt/,�'�i � aq /'� rv'r'l� qE.► / � 6¢ %�p.9�-7C� b % 7'�1 water Quality C 2,vr ¢ • CLYt�irvA{t�n �T �i S �iCr37/7� faw"�r /S�/ Z' , Solid Waste Disposal .Z.roe-O,, Sec/ dwaA•'?Of3 DA S011—d cv�j�¢ d,T�cs•9 / � • be f �� �z 74'n u,9'�ib�1 or LI`t e ad! �to-f y�td.•.c;lec/ ,fir Coastal Areas o-e-o ,r•CG j 5i r1 CC i +^ r3 � h A d Gv t ra pCd .g r� Endangered &pzcies / f�� C%A�t�•r �1 �A�►bn � ^��3 S�1L.c.r c c' I A� /�a-Fsi/s►+�/ �l�dS �'1 g2 .*d j cf< 44 4 Farmlands Protection I ! .4n M Wild and Sccni: Rivers I State or Local Statutca I _ -.- STATUTORY REVIEW CONCLUSION Based on the review findings covering the above factors, it is determined the cited project is subject to: / / A finding that 24 CFR Part 58.34(a)(10) is applicable and no further environntenta' review, notice or clearance is required. A finding that 24 CFR Part 58.35(b) is applicable and a Request-for-Release-o`-Fu,-- public notice and related certificatiot: is required. Prepared by: /vlwn at 1*51' • P/a 464 Date: Certifying Officer. ,f Date:%13/a 0 COMMUNITY DEVELOPMENT BLOCK GRANT PR0GRAM CITY OF CARLSBAD ENVIRONMENTAL DETERMINATION EXEMPTION DOCUMENTATION 24 CFR PART 58 SECTION 58.34(B) NNNN1lNNMiINNNNNNNNNNNNNNNNNNNNNNNiINNNNNNNNNNNNMNNNNNNNNNNNNNNNNNNN GRANT NO.: B-90-MC-06-0563 PROJECT NAME: CASA DE AMPARO - SHELTER AND COUNSELING SERVICES r� �.a ,'• PROJECT DESCRIPTION: THE AGENCY PROVIDES SHELTER AND COUNSELING SERVICES FOR CARLSBAD CHILDREN WHO HAVE BEEN MOLESTED NEGLECTED OR ABUSED THE FACILITY IS LOCATED IN SAN LUIS REY hOWEVER, THE SERVICE IS AVAILABLE TO ANY CHILD IN CARLSBAD WHO HAS $EEN MOL S- TED NEGLECTED OR ABUSED We, the undersigned, find this project to be exempt from environmental review under 24 CFR Part 58, Section 58,34(a)(9)N. This documents our determination of exemption as required under Section 58.34(b). Preparer• ` Date: S 1P�0 Title: • `s N Section 58.34(a)(1) through (9) �i y NNiINMNNNNNNNNMltNNNMMMNMNNNw:�MNMMMMNNMi�1lNNifNNMNMNMN NiI �►N it itNNNi1MNNNN 3� NNMNNNNNNNNYMNNMNNMNNNNNNNNNNMNNNNM NifNMMNMiINNNNNNNNNNNNNNMMNNNNN 47 199G=31_S.�['G -c' CC, N;7Acs �I�`;Gn, 1�CUt ,c= t-(Z4 trt, Statutory Checklist Checklist o Appl cY bfie Sias s X Z`5' ) and Regulations Project Name and Identification No. os-SAo,_ _C) N�-t-u:c,�rc cen„eR (�vc , Pc;R 017-�ApLC-Q)\ Are all activities of this project exempt from NEPA procedures? ❑ Yes ❑ No (If yes, this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? (9yes ❑ No (If yes, this Statutory Checklist and all required actions must be completed.) Area of Statutory —Regulatory 4�° • Compliance `o (Precise citations for applicable op Q°� ��' ' p44f o: statutes and regulations are printed �� °� �a 4y° �J �A", on the back of this Checklist. Full Note Compliantx Documentation discussion of each is provided in Annendix B of this Guide.) Historic Properties J Floodplain Management X Wetlands Protection X Noise Air Qualit;, X Manmade Hazards X Thermal/Explosive Hazards _ Airport Clear Zones - Water Quality X Navigable Waters Aquifers x Solid Waste Disposal X Coastal Areas Coastal Zone Management Coastal X Barrier Resources Endangered Species *Attach evidence that required actions have been taken. 22 • '—N; )k), ,,I:L I.. J... 1i. A \\ cnand, Protection Iry 6e- NotSL 7-fVz-1 �y4-id %S .,pd r d�s� f� y�Zd � R,✓ Tdti li ! iS �co� /c�4f¢�•l c:, .FYood P`/,err/ SinrC �%ic f4 Ci 1,e,9 dt/ curl// 6e �O i le rQRSG ,' ^ nai /;e --- cVrr"4 170;3C /CveWt i �// / • Air Quality �cY 9 "H% cur "( AOJ DC . llp. con�'i�c%it'o.� of f �i i3 �'�Jas ��►� -Fa c,' /, � �st��� c e 570rAqC W me -?MA de ` '(Ards Water Quality 44/Afert t -of c4A f' Q d /> 74 G107A7VAA-0) arp fh�$ i 5�1�1� fgCi �l /f 2.j2✓tte Solid waste Disposal -L-�tc�2�ySC C/ d¢>�Lil�� 5 d^ So�`ci u./ A-- 41) SSA/ AO -be i1 9 �a d �i y,�e eo-� � z� br" -'%,I S� Z e,• Coastal Areas 7%& 1,1 w/// mot iM1igef AAA d.0AnA:% 1 r����s s•rx� f , s ;,, .� de ��� pad �� . Endangered Species �.,711 A&i 6f- ,'^ip,k'-/ed s,-►c•e ( �c s�� .3 .:, A de�(o� d � �-�- hgt %3e d ,� rtJ9• Ii i•armiands Protection ( A� „ta f.�t/r.�t �ir� d s opt �iZ .9-dJ ct cam¢ •%G i. o. t-0 r A owl e � .4& e ( Wild and Scenic Ri\'ers fcd-Ai Z A'e- cvr•�Ct� / i ifs � M �h fi �/ /'�I �C1t y A• /� . T — State or Local Statutcc STATUTORY REVIEW CONCLUSION Based on the review findings covering the above factors, it is determined the cited project is subject to: / / A finding that 24 CFR Part 58.34(a)(10) is applicable and no further environmental review, notice or clearance is required. A finding that 24 CFR Part 58.35(b) is applicable and a Request-for-Release-e-'-rt,..._ public notice and related certification is required. Prepared by: C-"-'i - !'t� A/.t,7,t Date: le Certifying Officer:AIWL&Date: g%13�4D r. CC2L,i 'T - ►` = ZEM!F=* F v_-NTA iN Statutory Checklist Checklist of Applicable Statutes R�.V GtS�pMLtvi X � � i � and Regulations �y 5 ANO Gig CUvB �'RE °QRI>J ""ER �v , t M Z i,arpu aTlc +J� Project Name and Identification No. C�-9c,- MC -d6 -on(-:3 Are all activities of this project exempt from NEPA procedures? ❑ Yas Z No (If yes, this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? @�es ❑ No (If yes, this Statutory Checklist and all required actions must be completed.) Area of Statutory—Reguistory Compliance (Precise citations for applicable or' statutes and regulations are printed Q' 900 ��a ' �y e'�4�° Note Compliam Documetatstios on the back of this Checklist. Full a °� discussion of each is provided in Historic Properties Floodpiain Management X Wetlands Protection v Noise v Air Quality Manmade Hazards Thermal/Explosive Hazards Airport Clear Zones — Water Quality Navigable Waters Aquifers Solid Waste Disposal J Coastal Areas Coastal Zone Management Coastal Barrier Resources Endangered Species *Attach evidence that required actions have been taken. 22 I -- Ae 51bjf-a 5'+'e is /10f dcsrg�t cd ftS r li:.cnr:. !'rorr ._ A� it 3�r•� G %�I-op¢i-�-% 4o wc,kkm d ra soc..-re s \\ c:land, Protection C aG � curies ¢�x►-sfs oc Sc�ce %ti T -k4� % �10 I ,K• NatsC btyc�d • `: A-,r ��gl,-�y w,It Hof h�- �.�t�,�cfc-cr • Atr Quality- 7 7 54,� � rtR.t Mit de ti.►3�r-ds Manmade Hazards ; - � s ,taf Ctrs o��g -fie, d .���ti-�ti,--s vise- i/iv�r �tiA /,• 1� .t o•�' SC I`Nt pA�d� &a 1! .Water Quality �c��►d5 0�, s� l,•d cv�rs� d►�/��sAl ' .�.ccrc�sccl � • Solid Waste Disposal L �G Q��� ��G l�rpl�J /71 Coastal Areas $pe•ci•AOtC Endangered Species f(c nolCci I�� T" 1 ^O T/tR�'1 %A/1GlS B/t 9/L Farmiands Protection // G �o �`i� �'C� S� r ' 714� API, /740 1 td sc2.t t� Wild and Scenic Rivers L � �Qa ��� State or Local Statutec I STATUTORY REVIEW CONCLUSION Based on the review findings covering the above factors, it is determined the cited project is subject to: / / A finding that or clearance 58s3required,is applicable and no further environmerta" review, notice / / A finding that 24 CFR Part 58.35(b) is applicable and a Request-for-Release-of-Fu—, public notice and -and related certification is required. Prepared by: O(O—AAOL Date: ¢t •�(� can > � ,.�r - �tI� qn Certifying Officer: �"�•Q-Date • r