HomeMy WebLinkAbout1992-01-21; City Council; 11516; APPROVAL OF 1991-92 AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUND RECIPIENTSr
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/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.
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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)
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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
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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.
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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
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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:
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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
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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
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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
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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.
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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.
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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:
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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 (
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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
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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
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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.
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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
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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:
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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