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HomeMy WebLinkAbout1992-01-21; City Council; 11516; APPROVAL OF 1991-92 AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUND RECIPIENTSr 0 g % z .. z 0 b a s z 3 0 0 /v- CIQOF CARLSBAD - AGENqBILL AB# /I. 5/ b TITLE APPROVAL OF 1991-92 AGREEMENTS FOR DEP MTG. j *J/ -95 FUND RECIPIENTS CITY - COMMUNITY DEVELOPMENT BLOCK GRANT DEPT. Red CITY RECOMMENDED ACTION: Adopt Resolution No. 79-21 to approve a 1991-92 agreements for federal Community Development Block Grant fund recipients. ITEM EXPLMUATION On May 7, 1991, the City Council selected the following (CDBG) Entitlement funding under the 1991-92 federal program: North County Lifeline; Good Samaritan/Ecumenical Service Center; Western Institute Foundation for Mental Health; Casa De Amparo; Boys and Girls Club of Carlsbad; Cornunity Resource Center; Catholic Charities; Aids Foundation; Fraternity House; San Diego Mental Health Services, Girls Club; Carlsbad Affordable Housing Reserve Fund, Carlsbad Paint-a-Thon Progran Administration; and, the San Diego Service Center for the Blind. Prior to disbursing CDBG funding for the subrecipients, the City must perform the environmental review and approve a written agreement for the project. As required by federal regulations for the CDBG Entitlement Program, staff has completed the required environmental reviews and prepared the attached 1991-92 subrecipient agreements. Attached for City Council review and approval are the notec subrecipient agreements and for information purposes, thc completed environmental reviews for the projects are alsc included. organizations to receive Community Development Block Grant FISCAL IMPACT: NO fiscal impact. EXHIBITS: 1. Resolution No. 9.2-d 1 2. Subrecipient Agreements for 1991-92 Community Developmenl Block Grant Fund subrecipients - (Four Agreements) 3. Environmental Reviews for 1991-92 Community Developrnenl Block Grant fund subrecipients. I *. 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 RESOLUTION NO. 93 - 21 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBl 1991-92 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT F1 CALIFORNIA8 APPROVING AN AGREEMENTS FOR THE CITY'S RECIPIENTS. mEREA(S8 the city Council of the city of Carlsb, California, on October 1, 1991, considered the requi: subrecipient agreements for 1991-92 Community Developmc Block Grant funds; and WHEREAS, the City Council has taken all testimony i account. NOW, THEREFORE8 BE IT RESOLVED as follows: 1. That the above recitation is true and correct. 2. Development Block Grant Agreements between the City Carlsbad and the subrecipients as attached hereto as Exhibit 2. That the City Council has approved the 1991-92 Comun PASSED8 APPROVED AND ADOPTED by the City Council of City of Carlsbad, California, on the zist day January , 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nyg NOES: None ABSENT: None /gL[f- L&d& WC UDE . LEWIS, Mayor ATTEST: Z, City Clerk nt City Clerk (seal) 0 0 t. EXHIBIT 2 SUBRECIPIENT AGREEMENTS FOR 1991-92 COMMUN DEVELOPMENT BLOCK GRANT FUND SUBRECIPIEP 1.) Community Resource Center 2. ) Fraternity House 3.) AIDS Foundation, San Diego 4.) San Diego County Department of Health Services/Mental Services e 0 3, AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COMMUNITY RESOURCE CENTER FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1991 -92 THIS AGREEMENT, made and entered into as of this day of , 19-, by and between the CITY OF CARLSBAD, a munic corporation, hereinafter referred to as "City", and COMMUNITY RESOURCE CEN' a non-profit organization hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide counseling services to assist low moderate income persons in maintaining adequate housing in Carlsbad; and and advocacy for individuals who need assistance in finding housing; and WHEREAS, the City would like to provide caseworker assistance, problem sol WHEREAS, the Subrecipient, (Community Resource Center) has the neces skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual coven contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1991-92 Community Development Block G (CDBG) funds, in the amount of ten thousand dollars ($10,000.00), to Subrecipient to assist with the costs associated with providing a social ser counselor to assist low and moderate income persons in maintaining adeq housing in Carlsbad. The CDBG funds may be used to finance the c associated with employing one full time counselor for the program. The program will provide casework, problem solving and advocacy for individ faced with financial and personal problems that could cause homelessnes otherwise reduce the quality of life. Also, the agency will provide emergenc) in the form of food, gas, money, bus tokens and clothing. 0 *. The Subrecipient shall furnish all labor, materials and services and bear expenses necessary to operate this program as outlined in this agreement. Un this agreement, the City’s only financial obligation to the Subrecipient is to pro\ the CDBG funds of $10,000.00 as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in t entirety by June 15, 1992. If the Subrecipient is unable to expend all of the fu allocated to the project by the noted date, a written request for extension of allocation and this agreement shall be submitted, by the Subrecipient, to the of Carlsbad; the extension request is due by June 30, 1992. With written apprc by the City, the allocation/agreement may be extended into program year 1992 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for the costs associated with employment of a full time counselor for the program to assist lower incc persons in maintaining adequate housing in Carlsbad during the period beginr July 1,1991 and ending June 30,1992. The amount to be reimbursed shall exceed $1 0,000.00 total. Subrecipient shall submit a written statement of request to the City for paym Each request for reimbursement shall include receipts, an itemized statemer all costs and a quarterly performance report; the report shall include suffic information to assist the City in monitoring the Subrecipient’s performam providing counseling services for eligible persons and their families in an effo prevent homelessness. The Subrecipient must demonstrate satisfac performance in order to receive each reimbursement for cost associated with full time counselor for the program. The Subrecipient may request the quarterly reimbursements anytime after Jan1 21, 1992 for the reporting period of July 1, 1991 to January 21, 1992. subsequent payments shall be available on the following dates for the nc periods: April 1, 1992 (January 21 to March 31 , 1992); and July 1, 1992 (, 1 to June 30, 1992). 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earne a direct result of the use of federal CDBG funds for the operation of this prog All reported program income may be retained by the Subrecipient for operat costs related to Fraternity House. However, the program income, retained b Subrecipient, must be expended before additional funds are requested fron 2 0 0 *- 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reports for the program beginning July 1, 1991 and ending June 30, 1992. The first report is due on 1, 1902 and the subsequent report is due not later than: July I, 1992. minimum, the performance reports shall provide the following information: a. c. d. e. f. Summary of services provided to Carlsbad residents Number of persons who are of low and moderate income lev€ Age, sex and ethnicity of persons assisted Total number of days the Community Resource Center pro1 services and information Total number of people from served b. Number of persons assisted during the time period The Subrecipient shall maintain separate accounting records for the federal C funds provided by the City. The City, Federal Grantor Agency, Compt General of the United States, or any of their duly-authorized representatives have access to all books, documents, papers and records maintained bl Subrecipient which directly pertain to the above service for the purpose of i examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all fins records, supporting documents and statistical reports related to the ser provided under this agreement until October 31, 1995. All records subject 1 audit finding must be retained for three (3) years from the date the finding is r or until the finding has been cleared by appropriate officials and the Subreci has been given official written notice. 5. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Applicatior Subrecipient Agreement and with assurances and agreements made, by the to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requiren as described in Section 570.502 of the federal regulations for the CDBG Pros the federal requirements are set forth, by reference, as a provision oi agreement. The Subrecipient shall carry out all activities in compliance with all Federal and regulations as described in Subpart K of the CDBG Program Regula except that: 3 0 0 a. The Subrecipient will not assume the City’s environml responsibilities described in Section 570.604; and The Subrecipient will not assume the City’s responsibility initiating the review process required under the provision Executive Order 12372 described at 570.612 of the Code of Fec Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set fort 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. Subrecipient desires a change in the use of the CDBG funds following app of this agreement, a written request must be submitted to the City for revie the Council. No change in use of the CDBG funds will be permitted by thc without prior approval by the Council. 6. 7. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws rega nondiscrimination in the provision of services and the employment of persa 8. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Fe Regulations, this agreement may be suspended or terminated if the subrec fails to comply with any term(s) of the award and/or the award is terminatc convenience. (Section 24, Parts 85.43 and 85.44 of the Code of FE 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, liab penatties, fines, or any damage to goods, properties, or effects of any pi whatsoever, nor for personal injuries or death caused by, or claimed to have caused by, or resulting from, any intentional or negligent acts, errors or omi of Subrecipient or Subrecipient’s agents, employees, or representatives i performance of the service outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Cii its officers and employees against any of the foregoing liabilities or claims ( kind and any cost/expense that is incurred by the City on account of any 4 0 L. foregoing liabilities, including liabilities or claims by reason of alleged defects ii facility or the program. 10. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereu without the prior written consent of the City. 11. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Section 9, "Hold Ham Agreement," all terms, conditions, and provisions hereof shall insure to and bind each of the parties hereto, and each of their respective heirs, exes administrators, successors, and assigns. 12. INSURANCE The Subrecipient shall obtain and maintain policies of general liabil'ity insur and a combined policy of worker's compensation and employers liability insur from an insurance company authorized to do business in the State of Calif1 which meets the requirements of City Council Resolution No. 90-96 in an insui amount of not less than one million dollars ($1,000,000) each, unless a I 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 ni canceled without thirty (30) days prior written notice to the City sent by cer mail. The City shall be named as an additional insured on these policies. Subrecipient shall furnish certificates of insurance to the City b commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement t executed as of the day and year wriien above. COMMUNIN RESOURCE CENTER, a non-profit corporation SARAH ROSENFIELD, EXECUTIVE DIRECTOR 5 0 0 .- CITY OF CARLSBAD, a municipal corporation of the State of California CLAUDE A. 'BUD' LEWIS, MAYOR ATTEST! > ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY ATTORNEY 6 0 .- AGREEMENT BETWEEN THE GIN OF GARLSBAD AND FRATERNITY HOUSE FOR FEDERAL c6MMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1 991 -92 THIS AGREEMENT, made and entered into as of this day of , 19-, by and between the CITY OF CARLSBAD, a muni corporation, hereinafter referred to as IWyll, and FRATERNIN HOUSE, a non-1 organization hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide assistance to persons with AID: includes housing, food, access to health services; and WHEREAS, the City has the need to provide safe, clean, home-like environr managed by a team of caring, compassionate health professions and volunteet residents with AIDS who are in need of the services that would be available thr Fraternity House; and WHEREAS, the Subrecipient (Fraternity House) has the necessary skills qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual cove1 contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1991 -92 Community Development Block (CDBG) funds, in the amount of two thousand dollars ($2,000.00), tc Subrecipient to assist with the costs associated with operation of a nine (9 residential AIDS shelter that is located in the City of Oceanside, which s eligible residents from the North San Diego County area including the C Carlsbad. e e .. The Subrecipient shall furnish all labor, materials and services and bea expenses necessary to operate this program as outlined in this agreement. Ut this agreement, the City’s only financial obligation to the Subrecipient is to pro the CDBG funds of $2,000.00 as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in entirety by June 15, 1992. If the Subrecipient is unable to expend all of the fi allocated to the project by the noted date, a written request for extension o allocation and this agreement shall be submitted, by the Subrecipient, to the of Carlsbad; the extension request is due by June 30, 1992. With written appi by the City, the allocation/agreement may be extended into program year 199: 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for costs of operating this reside AIDS shelter during the period beginning July 1 , 1991 and ending June 30, 1 The amount to be reimbursed shall not exceed $2,000.00 total. Subrecipient shall submit a written statement of request to the City for payr Each request for reimbursement shall include receipts, an itemized stateme all costs and a quarterly performance report; the report shall include suffi information to assist the City in monitoring the Subrecipient’s performanc providing housing, food, and access to health services for persons with AIDS are staying at the nine bed residential AIDS shelter. demonstrate satisfactory performance in order to receive each reimbursemei cost associated with operation of this service. The Subrecipient may request the quarterly reimbursements anytime after Jar 21, 1992 for the reporting period of July 1, 1991 to January 21, 1992. subsequent payments shall be available on the following dates for the r periods: April 1, 1992 (January 21 to March 31, 1992); and July 1, 1992 1 to June 30, 1992). The Subrecipient 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earnc a direct result of the use of federal CDBG funds for the operation of this pros All reported program income may be retained by the Subrecipient for opera costs related to Fraternity House. However, the program income, retained t: Subrecipient, must be expended before additional funds are requested fro1 City. 2 W e .. 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reports for the program beginning July 1, 1991 and ending June 30, 1992. The first report is due on minimum, the performance reports shall provide the following information: 1, 1992 and the subsequent report is due not later than: July 1, 1992. a. b. c. d. e. f. Summary of services provided to Carlsbad residents Number of persons assisted during the time period Number of persons who are of low and moderate income lev€ Age, sex and ethnicity of persons assisted Total number of days the shelter was open Total number of people from Carlsbad served The Subrecipient shall maintain separate accounting records for the federal C funds provided by the City. The City, Federal Grantor Agency, Compt General of the United States, or any of their duly-authorized representatives have access to all books, documents, papers and records maintained b! Subrecipient which directly pertain to the above service for the purpose of i examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all fin; records, supporting documents and statistical reports related to the ser provided under this agreement until October 31, 1995. All records subject ' audit finding must be retained for three (3) years from the date the finding is r or until the finding has been cleared by appropriate officials and the Subreci has been given official written notice. 5. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City's CDBG Applicatior Subrecipient Agreement and with assurances and agreements made, by the to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Requirer as described in Section 570.502 of the federal regulations for the CDBG Pros the federal requirements are set forth, by reference, as a provision o agreement. The Subrecipient shall carry out all activities in compliance with all Federal and regulations as described in Subpart K of the CDBG Program Regula except that: 3 e 0 a. The Subrecipient will not assume the City’s environmt responsibilities described in Section 570.604: and The Subrecipient will not assume the City’s responsibility initiating the review process required under the provision Executive Order 12372 described at 570.61 2 of the Code of Fec Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set fort1 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. Subrecipient desires a change in the use of the CDBG funds following app of this agreement, a written request must be submitted to the City for revie the Council. No change in use of the CDBG funds will be permitted by the without prior approval by the Council. 6. 7. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regal nondiscrimination in the provision of services and the employment of perso 8. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Fe Regulations, this agreement may be suspended or terminated if the subreci fails to comply with any term(s) of the award and/or the award is terminate convenience. (Section 24, Parts 85.43 and 85.44 of the Code of Fe 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, liab, penalties, fines, or any damage to goods, properties, or effects of any pc whatsoever, nor for personal injuries or death caused by, or claimed to have caused by, or resulting from, any intentional or negligent acts, errors or omi of Subrecipient or Subrecipient’s agents, employees, or representatives i performance of the service outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Cit its officers and employees against any of the foregoing liabilities or claims c kind and any cost/expense that is incurred by the City on account of any ( 4 0 e foregoing liabilities, including liabilities or claims by reason of alleged defects ii facility or the program. 10. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereu without the prior written consent of the City. 11. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Section 9, "Hold Harr Agreement," all terms, conditions, and provisions hereof shall insure to and bind each of the parties hereto, and each of their respective heirs, execi administrators, successors, and assigns. 12. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insur and a combined policy of worker's compensation and employers liability insur from an insurance company authorized to do business in the State of Calif which meets the requirements of City Council Resolution No. 90-96 in an insu amount of not less than one million dollars ($1,000,000) each, unless a I 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 n canceled without thirty (30) days prior written notice to the City sent by Gel mail. The City shall be named as an additional insured on these policies. Subrecipient shall furnish certificates of insurance to the City b commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement executed as of the day and year written above. Fraternity House a non-profit organization MARY JANE BOYD, BOARD OF DIRECTORS 5 0 0 CITY OF CARLSBAD, a municipal corporation of the State of California CLAUDE A. ‘BUD’ LEWIS, MAYOR ATTEST: ALETHA L RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY AlTORNEY 6 e e '- AGREEMENT BETWEEN THE CITY OF CARLSBAD AND AIDS FOUNDATION SAN DIEGO FOR 1991 -92 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this day of , 19-, by and between the CIN OF CARLSBAD, a muni corporation, hereinafter referred to as "City", and AIDS FOUNDATION SAN DIE( non-profit organization hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide services and information for per with AIDS, the HIV-infection and ARC diagnoses and their families; and WHEREAS, the City would like to provide daily services as well as emerg services such as food, transportation and payment assistance to eligible persons these services would be available through the Aids Foundation San Diego; and WHEREAS, the Subrecipient Aids Foundation San Diego has the necessary and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covel contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1991 -92 Community Development Block (CDBG) funds, in the amount of one thousand dollars ($1,000.00), tc Subrecipient to assist with the costs associated with case management, sei and information to persons with AIDS, the HIV-infection and ARC diagnoses Aids Foundation San Diego will provide comprehensive and ongoing asses: of client needs to ensure that each client is connected with all appropriate sei and programs. Services will include daily assistance as well as emer! services such as transportation, food, payment assistance. The case man will provide information about, and referrals to, the HIV-related services offer hospitals, clinics and other service agencies. 0 0 The Subrecipient shall furnish all labor, materials and services and bear expenses necessary to operate this program as outlined in this agreement. Un this agreement, the City’s only financial obligation to the Subrecipient is to pro! the CDBG funds of $l,OOO.OO as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in t entirety by June 15, 1992. If the Subrecipient is unable to expend all of the fu allocated to the project by the noted date, a written request for extension of allocation and this agreement shall be submitted, by the Subrecipient, to the of Carlsbad; the extension request is due by June 30, 1992. With written appr by the City, the allocation/agreement may be extended into program year 1992 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for costs of providing services information for persons with AIDS, the HIV-infection and ARC diagnoses for period beginning July 1, 1991 and ending June 30, 1992. The amount tc reimbursed shall not exceed $1,000.00 total. Subrecipient shall submit a written statement of request to the City for payrr Each request for reimbursement shall include receipts, an itemized statemei all costs and a quarterly performance report; the report shall include suffic information to assist the City in monitoring the Subrecipient’s performanc providing services and information to the clients and their families. Subrecipient must demonstrate satisfactory performance in order to receive f reimbursement for cost associated with operation of this service. The Subrecipient may request the quarterly reimbursements anytime after Jan 21, 1992 for the reporting period of July 1, 1991 to January 21, 1992. subsequent payments shall be available on the following dates for the n periods: April 1, 1992 (January 21 to March 31, 1992); and July 1, 1992 ( 1 to June 30, 1992). 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earn€ a direct result of the use of federal CDBG funds for the operation of this prog All reported program income may be retained by the Subrecipient for operat costs related to Fraternlty House. However, the program income, retained b Subrecipient, must be expended before additional funds are requested fron City. 2 e e *. 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reports for the program 1 beginning July 1, 1991 and ending June 30, 1992. The first report is due on , 1, 1992 and the subsequent report is due not later than: July 1, 1992. minimum, the performance reports shall provide the following information: a. b. c. d. Summary of services provided to Carlsbad residents Number of persons assisted during the time period Number of persons who are of low and moderate income leve Age, sex and ethnicity of persons assisted services and information Total number of people from Carlsbad served e. Total number of days the Aids Foundation San Diego pro1 f. The Subrecipient shall maintain separate accounting records for the federal C funds provided by the City. The City, Federal Grantor Agency, Compt General of the United States, or any of their duly-authorized representatives have access to all books, documents, papers and records maintained Q Subrecipient which directly pertain to the above service for the purpose of i examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all fin: records, supporting documents and statistical reports related to the ser provided under this agreement until October 31, 1995. All records subject audit finding must be retained for three (3) years from the date the finding is I or until the finding has been cleared by appropriate officials and the Subrec has been given official written notice. 5. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the Clty’s CDBG Applicatior Subrecipient Agreement and with assurances and agreements made, by the to the United States Department of Housing and Urban Development. . The Subrecipient shall comply with applicable Uniform Administrative Requirei as described in Section 570.502 of the federal regulations for the CDBG Pro the federal requirements are set forth, by reference, as a provision c agreement. The Subrecipient shall carry out all activities in compliance with all Federz and regulations as described in Subpart K of the CDBG Program Reguk except that: 3 0 0 a. The Subrecipient will not assume the City’s environrnei responsibilities described in Section 570.604; and The Subrecipient will not assume the City’s responsibility initiating the review process required under the provision3 Executive Order 12372 described at 570.612 of the Code of Fec Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set fortt- b. 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. I Subrecipient desires a change in the use of the CDBG funds following appi of this agreement, a written request must be submitted to the City for revie1 the Council. No change in use of the CDBG funds will be permitted by the without prior approval by the Council. 6. 7. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws rega nondiscrimination in the provision of services and the employment of persc 8. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of FE Regulations, this agreement may be suspended or terminated if the subrec fails to comply with any term(s) of the award and/or the award is terminati convenience. (Section 24, Parts 85.43 and 85.44 of the Code of Fc 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, liat penalties, fines, or any damage to goods, properties, or effects of any F whatsoever, nor for personal injuries or death caused by, or claimed to havt caused by, or resulting from, any intentional or negligent acts, errors or om of Subrecipient or Subrecipient’s agents, employees, or representatives performance of the service outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the C its officers and employees against any of the foregoing liabilities or claims kind and any cost/expense that is incurred by the City on account of any 4 0 * foregoing liabilities, including liabilities or claims by reason of alleged defects ir facility or the program. 10. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereu without the prior written consent of the City. 11. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Section 9, "Hold Harn Agreement," all terms, conditions, and provisions hereof shall insure to and bind each of the parties hereto, and each of their respective heirs, exes administrators, successors, and assigns. 12. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insur and a combined policy of worker's compensation and employers liability insur from an insurance company authorized to do business in the State of Calif which meets the requirements of City Council Resolution No. 90-96 in an insu 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 n canceled without thirty (30) days prior written notice to the City sent by cei mail. The City shall be named as an additional insured on these policies. Subrecipient shall furnish certificates of insurance to the City b commencement of work. amount of not less than one million dollars ($1,000,000) each, unless a I IN WITNESS WHEREOF the parties hereto have caused this agreement executed as of the day and year written above. Aids Foundation San Diego, a non-profit organization AMY SOMERS, EXECUTIVE DIRECTOR 5 @ @ CITY OF CARLSBAD, a municipal corporation of the State of California L. CLAUDE A. "JDN LEWIS, MAYOR ATTEST: ALETHA L RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F, BIONDO, JR,, CITY ATTORNEY 6 @ m L. AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES/MENTAL HEALTH SERVICES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1991 -92 THIS AGREEMENT, made and entered into as of this day of , 19-, by and between the CITY OF CARLSBAD, a muni corporation, hereinafter referred to as "City", and COUNTY OF SAN DIE DEPARTMENT OF HEALTH SERVICES/MENTAL HEALTH SERVICES a mun corporation, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide jobs and gainful employme approximately fifty (50) Carlsbad residents who have a psychiatric disability; WHEREAS, the City has residents who are Senior Citizens who are in ne additional support and services that would be available through this program; WHEREAS, the Subrecipient (County of San Diego, Department of k Services/Mental Health Services) possesses the necessary skills and qualificatio provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual COVE contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The Clty has allocated federal 1991 -92 Community Development Block (CDBG) funds, in the amount of nine thousand dollars ($9,OO0.00), i Subrecipient to assist with the costs associated with one staff person and a F coordination office in Carlsbad, ihe majority of the project activities \ conducted at the residences of Seniors in Carlsbad. c 0 I. With the CDBG funds allocated, the Subrecipient shall provide an employn opportunity for local residents with psychiatric disabilities as well as basic sup services for local Seniors. The Subrecipient shall furnish all labor, materials and services and bea expenses necessary to operate this program as outlined in this agreement. Ut this agreement, the City’s only financial obligation to the Subrecipient is to pro the CDBG funds of $9,OO0.00 as allocated by the City Council. The Subrecipient shall make every effort to expend the allocated funds in entirety by June 15, 1992. If the Subrecipient is unable to expend all of the fi allocated to the project by the noted date, a written request for extension o allocation and this agreement shall be submitted, by the Subrecipient, to the of Carisbad; the extension request is due by June 30,1992. With written app by the City, the allocation/agreement may be extended into program year 199: 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient for costs of operating this program is being coordinated by County of San Diego, Department of H Services/Mental Health Services during the period beginning July 1 , 1991 ending June 30, 1992. The amount to be reimbursed shall not ex1 $9,000.00 total. Subrecipient shall submit a written statement of request to the City for pay1 all costs and a quarterly performance report; the report shall include sufl information to assist the City in monitoring the Subrecipient’s performan providing services to seniors by individuals that have psychiatric disabilitie! are participating in this new County program. The Subrecipient must demon satisfactory performance in order to receive each reimbursement for associated with operation of this service. The Subrecipient may request the quarterly reimbursements anytime after Ja 21, 1992 for the reporting period of July 1, 1991 to January 21, 1992. subsequent payments shall be available on the following dates for the periods: April 1, 1992 (January 21 to March 31, 1992); and July 1, 1992 1 to June 30, 1992). Each request for reimbursement shall include receipts, an itemized statemi 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earl a direct result of the use of federal CDBG funds for the operation of this prc All reported program income may be retained by the Subrecipient for operl 2 e e -. costs related to the services provided by individuals who are involved with County of San Diego, Department of Health ServicedMental Health Sew program for the psychiatrically disabled. However, the program income, reta by the Subrecipient, must be expended before additional funds are requested 1 the City. 4. RECORDS AND REPORTS The Subrecipient shall submit quarterly performance reports for the program beginning July 1, 1991 and ending June 30, 1992. The first report is due on 1, 1992 and the subsequent report is due not later than: July 1, 1992. minimum, the performance reports shall provide the following information: a. b. c. d. e. f. Summary of services provided to Carlsbad residents Number of persons assisted during the time period Number of persons who are of low and moderate income lev€ Age, sex and ethnicity of persons assisted Total number of days services were provided Total number of Seniors from Carlsbad served The Subrecipient shall maintain separate accounting records for the federal C funds provided by the City. The City, Federal Grantor Agency, Compl have access to all books, documents, papers and records maintained b Subrecipient which directly pertain to the above service for the purpose of examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all fin records, supporting documents and statistical reports related to the sei provided under this agreement until October 31, 1995. All records subject audit finding must be retained for three (3) years from the date the finding is or until the finding has been cleared by appropriate officials and the Subrec has been given official written notice. General of the United States, or any of their duly-authorized representatives 5. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Applicatio Subrecipient Agreement and with assurances and agreements made, by thc to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrative Require as described in Section 570.502 of the federal regulations for the CDBG Prc the federal requirements are set forth, by reference, as a provision agreement. 3 0 e rt The Subrecipient shall carry out all activities in compliance with all Federal I: and regulations as described in Subpart K of the CDBG Program Regulatic except that: a. The Subrecipient will not assume the City’s environme b. responsibilities described in Section 570.604; and The Subrecipient will not assume the City’s responsibility initiating the review process required under the provision5 Executive Order 12372 described at 570.61 2 of the Code of Fec Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set fortt 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. t Subrecipient desires a change in the use of the CDBG funds following appr the Council. No change in use of the CDBG funds will be permitted by the without prior approval by the Council. 6. of this agreement, a written request must be submitted to the City for revie’ 7. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regal nondiscrimination in the provision of services and the employment of perso 8. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of FE Regulations, this agreement may be suspended or terminated if the subrec fails to comply with any term(s) of the award and/or the award is terminate convenience. (Section 24, Parts 85.43 and 85.44 of the Code of FE 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, liak penalties, fines, or any damage to goods, properties, or effects of any p whatsoever, nor for personal injuries or death caused by, or claimed to have caused by, or resulting from, any intentional or negligent acts, errors or om of Subrecipient or Subrecipient’s agents, employees, or representatives performance of the service outlined in this agreement. 4 e a I. Subrecipient agrees to defend, indemnify, and save free and harmless the City its officers and employees against any of the foregoing liabilities or claims of kind and any cost/expense that is incurred by the City on account of any a foregoing liabilities, including liabilities or claims by reason of alleged defects ir facility or the program. IO. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereui without the prior written consent of the City. I I. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Section 9, "Hold Harr Agreement," all terms, conditions, and provisions hereof shall insure to and administrators, successors, and assigns. bind each of the parties hereto, and each of their respective heirs, exec( 12. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insur and a combined policy of worker's compensation and employers liability insur from an insurance company authorized to do business in the State of Cali1 which meets the requirements of City Council Resolution No. 90-96 in an ins1 amount of not less than one million dollars ($l,OOO,OOO) each, unless a 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 r canceled without thirty (30) days prior written notice to the City sent by ce mail. The City shall be named as an additional insured on these policies. Subrecipient shall furnish certificates of insurance to the City t commencement of work. 5 0 0 -I . IN WITNESS WHEREOF the parties hereto have caused this agreement to executed as of the day and year written above. County of San Diego, Department of Health Services/Mental Health Service Municipal Corporation PEGGY SMITH, CHIEF, PROGRAM REVIEW & DEVELOPMENT CIN OF CARLSBAD, a municipal carporation af the State of California CLAUDE A. "BUD" LEWIS, MAYOR ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK APPROVED AS TO FORM: VINCENT F. BIONDO, JR., CITY AlTORNEY 6 0 0 EXHIBIT 3 ENVIRONMENTAL REYEWS FOR 1991-92 COMMUF DEVELOPMENT BLOCK GRANT FUND SUBRECIPIE' fi\(oric Propcrtlcs Ioodplain Management etlands Protection olid Waste Disposal Endangered Species Wild and Scenic Rivers State or Local Statutes STATUTORY RKVIEk CONCcUSIOl Based oa thr'review findinas covering the above factors, it is determined the cited project is subject to: A findinq that 24 CFR Part 58.34(a)(iO) is applicable and no further environmental review, notice or clearance is required. A findinq that 24 CFR Part sS.SS(b) is applicable and a Request-for-Release-of-Funds, public notice and related >( Prepared by: &I-JP7/ Certifying Officer: J!q!& I .) lktoric I'rop~ics 4 etlands Protection olid Waste Disposal Endangered Species Wild and Scenic Rivers State or Local Statutes 'OTORY WId CONCCUSION Based on thdreviow tindinas covering the abovo factors, it is determined the cited project is subject to: _IC A findinq that 24 CPR Part 58.34(a)(10) is applicable and no further environmental review, notice or clearanco is required. A gindfnq that 24 CPR Part 58,3b(b) is applicable and l % - Recturrt-for-Releasr-of-~~s, pUbli0 noticr an4 rolutw Id -2 Prepared by8 Date; Certifying Officor: Dato. lg/24 - - - ._ - - __ ___~ __ Water Quality Navigable Waters Aquifers Solid Waste Disposal Coastal Areas Coastal Zone Management Coastal Endangered Species I Barrier Resources K // fr If L/ K r2 lf x A If K (I if .% i( L, fi\toric f’ropcrtIcs loodplain Management erlands Protection Manmade Hazards olid Waste Disposal Endangered Species Farmlands Protection State or Local Statutes Based on thdrovieor findinua covering the above factors, it is detominod the cited project is subject to: I k A findinq that 24 CFR Part 58.34(a)(lO) is applicable and no further environmental review, notice or clearance is required. A findinq that 24 CFR Part 58.35(b) is applicable and a and related Date: 10 dP ?/ Ll Prepared by: certifying officer: Date: lop/ / .I L li\foric I’ropcrcta oodplain Management etlands Protection Manmade Hazards olid Waste Disposal Endangered Species Farmlands Protection Wild and Scenic Rivers State or Local Statutes VTORI Rwrh co~cr;vsro~ Based on thdreviow findinus covering tho abovo factors, it is determined the cited project is subject to: - and no further environmental review, noticm or k A gindinq that 24 CFR Part 58.34(a)(lO) is applicable cleatanco is required. A jindinq that 24 CFR P8rt 58.35(b) i8 applicable and a Re and related C. Propared bpt Dato; /& 1 certifying Officer: Dato: /ob+/ NEW pvnuc . Checklist of Applicable Statutes and Regulations _.---- 0 Statutory Checklist Project Name and Identification No. At 03 FOUNO~~T~CN sfifu 01 ECO - mse t\nm~. Are all activities of this project exempt from NEPA procedures? 8- 90- MC -& -- 0563 Aios Vic.TIN 0 Yes a No (If yes, this Statutory Checklist need not be filled out,) Are activities of this project categorically excluded from NEPA procedures? h4 Yes 'd NO Note Compliance Documen Area of Statutory-Regulatory Compliance Historic Properties anmade Hazards Watcr Quality Coastal *Attach evidence that required actions have been taken. 22 Ii\toric Propcrticc loodplain Management etlands Protection Manmade Hazards olid Waste Disposal Farmlands Protection Wild and Scenic Rivers State or Local Statutes - STATUTORY REVIEk CON cr;warog Based on thdreview findincrs covering the above factors, it is determined the cited project is subject to: A findinq that 24 CFR Part 58.34(a) (10) is applicable and no further environmental review, notice or clearance is required. A findinq that 24 CFR Part 58.35(b) is applicable and a Request-for-Release-of-Funds, public notice and related certification is required. x Prepared by: Date: qh/& Certifying Officer: Date: P/H/~[ 1, \ r oodplain Management etlands Protection anmade Hazards olid Waste Disposal Farmlands Protection Wild and Scenic Rivers I State or Local Statutes I STATUTORY REVIEk C ONCEUSION Based on thdreview findinuq covering the above factors, it is determined the cited project is subject to: A findinq that 24 CFR Part 58.34(a)(lO) is applicable and no further environmental review, notice or clearanco is required. x A findinq that 24 CPR Part 58.35(b) is applicable and a Request-for-Release-of-~d8, public notice and related certification is required. Prepared by: Certifying Officer: , IYLLG yc-1 Checklist of Applica and Regulations 0- - -. - - -- *. Statutory Checklist Project Name and Identification No. SAlU Q&60 MU\TTF\L HEeL7H SVC. - SERU~CE~ Are all activities of this project exempt from NEPA procedures? (If yes, this Statutory Checklist need not be filled out.) ~Fci 6-Yi-MC-a 056S PPQ u'' ( DL0 AY 0 Yes m No Area of Statutory-Regulatory Note ComptEMec Documen Historic Properties Airport Clear Zones - . -. . .- - -.. __ . . ___- .- - . . Watcr Quality 'Attach evidence that required actions have been taken. 22 . c Ii\toric I’ropcrtics loodplain Management etlands Protection Manmade Hazards olid Waste Disposal Endangered Species STATUTORY RWI& c ONCEUSION Based on thdreviear findinus covering tha above factors, it is detrrminrd the cited project is subject to: A finding that 24 CFR Part 58.34(a)(lO) is applicable and no further enviromnental review, notice or clearance is required. A findinq that 24 CFR Part 58.35(b) is applicable and a Request-for-Release-of-mds, public notice and related certification is required.. d Prepared by: Date: //../.-. certifying Officer: i. /A&d/, 5 [j&&&d /, Date: /-IC - ,4’ / * 0 . ti\loric I’ropcrticc loodplain Management -k etlands Protection Manmade Hazards olid Waste Disposal Endangered Species STATUTORY RgFrIh CON ccusro~ Based on thd review findinus covering the above factors, it is determined the cited project is subject to: A finding that 24 CFR Part 58.34(a)(io) is applicable and no further environmental review, notice or clearance is required. A findinq that 24 CrR Part 58.35(b) is applicable and 4 Request-for-Release-of-Fuad8, public aotico and relatec certification is required.. Prepared by: Date: !//<I /‘ Certifying bfficarr b. fi&/ 3 [f&d Dato:j-fr - f