HomeMy WebLinkAbout1992-12-15; City Council; 12001; APPROVAL OF SUBRECIPIENT AGREEMENT BETWEEN CITY OF CARLSBAD AND SAN DIEGO SERVICE CENTER FOR THE BLIND FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS-sn
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AB# '" "' TITLE: APPROVAL OF SUBRECIPIENT AGREEMENT BETWEEh
DEPT. 1J-d-R
RECOMMENDED ACTION:
MTG. /a++ a THE CITY OF CARLSBAD AND THE SAN DIEGO
SERVICE CENTER FOR THE BLIND FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
-3b4 Adopt Resolution Number Ya to approve a subrecipient agreement VI
Diego Service Center for the Blind for the use of Community Developmer
(CDBG) funds from Program Year 1990-91.
ITEM EXPLANATION:
In 1990-91 the City Council approved funding for projects under the
Community Development Block Grant (CDBG) program. One of the [
included a $40,000 CDBG grant which was allocated for the San Diego
Center for the Blind to purchase property for a new Rehabilitation Cente
The San Diego Service Center for the Blind had been looking for an app
site for the Rehabilitation Center since 1990 and in early 1992 they select(
in Vista at 1385 Bonair Road.
After the site was selected the required environmental review was conduct
project was found to be "categorically exempt" under CEQA and NEP
official notice of exemption was issued by the City of Vista on July 15, 19
environmental documents are attached as Exhibit 4.
On August 25,1992 the City of Carlsbad submitted appropriate documen
request a release of funds from the the U.S. Department of Housing 1
Development (HUD). The public was notified in the Blade Citizen on Sei
9, 1992 about the results of the environmental review and our intention to
for HUD to release CDBG funds for the San Diego Service Center for tl-
No comments were received during the public comment period.
On November 2, 1992 the City was notified by HUD that our request for
of funds and certifications pertaining to this CDBG project had been appro
when all other grant conditions were met, the funds could be expendc
Notice of Release of Funding and Certifications is attached as Exhibit 3,
the grantee conditions a Subrecipient Agreement between the City of (
and the San Diego Service Center for the Blind was developed which out
scope of work, describes necessary performance reports about services F
insurance requirements as well as other provisions required by the
regulations. The Subrecipient Agreement is attached as Exhibit 2.
FISCAL IMPACT:
No fiscal impact on the General Fund. The San Diego Service Center for
project was approved for funding in 1990 with federal Community Dew
Block Grant funds. The funds are available in account number 391-8
3741.
I
4 i) e .
EXHl BITS:
1. Resolution Number 92- 363 approving the Subrecipient Agre
between the City of Carlsbad and the San Diego Service Center 1
Blind.
San Diego Service Center for the Blind Subrecipient Agreemei
funding with federal Community Development Block Grant fund:
1990-91.
Notice of Release of Funding and Certification from the U.S. Depa
of Housing & Urban Development.
4. Environmental Review documents
2.
3.
(1) . :L ;: RESOLUTION NUMBER 92-363
1
2
3
4
5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVING A SUBRECIPIENT AGREEMENT WITH THE SAN
DIEGO SERVICE CENTER FOR THE BUND FOR USE OF PROGRAM YEAR
1990-91 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
WHEREAS, the City Council of the City of Carlsbad, California, on the ‘fi+ day of
6 December , 1992 considered the required Su,brecipient Agreement with the San
7 Diego Service Center for the Blind; and
a WHEREAS, on May 8, 1990 this project was approved for funding with 1990-91
9 federal Community Development Block Grant (CDBG) funds in the amount of $40,000;
EXHIBIT 1
10 and
11
12
13
14
15
1s"
11
WHEREAS, the City Council has taken all testimony into account; and
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the City Council has approved the Subrecipient Agreement between the City
Carlsbad and the San Diego Service Center for the Blind for use of CDBG funding from
agram Year 1990-91, as attached hereto as Exhibit 2.
ia PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad,
19 California, on ‘the 15th day of December , 1992, by the following vote, to wit:
. 20 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila
.21 NOES: None
22 ABSENT: None
23
24
25 /I
ATT’EST:
26
27
28
(Seal)
II
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE SAN DIEGO SERVICE CENTER FOR THE BLIND
FOR
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 21 st day of
19 - 97 by and between the CITY OF CARLSBAD, a municipal DECEMBER
corporation, hereinafter referred to as "City", and SAN DIEGO SERVICE CENTER
THE BLIND, a non-profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the San Diego Service Center for the Blind is in need of an add
facility to provide services to blind individuals; and
WHEREAS, the San Diego Service Center for the Blind has located a site ir
to conduct additional services for the blind; and
WHEREAS, the City of Carlsbad is interested in providing assistance to
services available to blind individuals of this community and,
WHEREAS, the City of Carlsbad approved funding for property acqt
purposes for the San Diego Service Center for the Blind; and
WHEREAS, the City of Carlsbad, the County of San Diego, the City of Vist approved funding for the San Diego Service Center for the Blind and are w
together on this project; and
project and HUD has authorized the release of funds for this purpose; and
WHEREAS, the City has conducted the required environmental review
WHEREAS, the Subrecipient possesses the necessary skills and qualifica
provide the services required by the City to operate a Rehabilitation Center for thi
and
NOW, THEREFORE, in consideration of these recitals and the mutual co\
contained herein, City and Subrecipient agree as follows:
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1. STATEMENT OF WORK
DESCRIPTION OF WORK-The CDBG funds are to be used for costs di
associated with the purchase of property for a new Rehabilitation Center whic
be operated by the San Diego Service Center for the blind. Upon completi
the acquisition, the facility at 1385 Bonair Road, Vista will provide rehabili services for the blind and visually impaired. The services will include educ
courses in Braille, sensory awareness, typing, sewing and adaptive cookin
addition, group counseling and exercise classes will be offered. It is anticil that 25-30 individuals will receive assistance each day at the Rehabilitation C
The Subrecipient shall furnish all labor, materials and services and bt
expenses necessary to acquire the property for the Rehabilitation Cen
outlined in this agreement.
SCHEDULE-The Subrecipient shall expend the entire allocation of $40,0
property acquisition purposes by June 1, 1993. Services for the blind 5
begin when the Rehabilitation Center has been remodeled to provide a
learning environment for blind persons and should not begin until the ceri
of occupancy is issued by the City of Vista. It is anticipated that 25 individu;
receive assistance each day at the Rehabilitation Center.
If the subrecipient is unable to expend all of the funds allocated for this projf
June 1, 1993, a written request for extension of the allocation must be subr
by the Subrecipient, to the City of Carlsbad; the extension request is due b
15, 1993.
BUDGET-The City allocated federal Community Development Block Grant ((
funds in 1990-91, in the amount of forty thousand dollars ($40,000) for tt
Diego Service Center for the Blind. All of the funds must be used f
acquisition costs for the Rehabilitation Center which is located at 1385 Bonai
in Vista. Under this agreement, the City’s only financial obligation
Subrecipient is to provide the CDBG funds of forty thousand dollars ($40,(
allocated by the City Council, if the Subrecipient meets the conditions set
this agreement.
2. RECORDS AND REPORTS
RECORDS-The Subrecipient shall establish and maintain sufficient rec
enable the City/HUD to determine whether the Subrecipient has n
requirements of the agreement as defined in Section 570.506.
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FINANCIAL RECORDS-The Subrecipient shall maintain separate accoi
records for the federal CDBG funds provided by the City. The City, Fc Grantor Agency, Comptroller General of the United States, or any other authorized representatives shall have access to all books, documents, paper
records maintained by the Subrecipient which directly pertain to the above st
for the purpose of audit, examination, excerpts and transcriptions.
REPORTS-The Subrecipient shall complete a Performance Report whic
provide the following information to assist the City in monitoring the perforn
of the Subrecipient for the period between December 15,1992 and June 30,
(a) a full description of the activity to be assisted with CDBG funds Carlsbad, including the project location, the total funding amount bud
($40,000) ;
total number of handicapped persons served;
total number of low and very low income persons served;
total number of persons served from Carlsbad:
total number of single heads of households served;
the race and ethnicity of persons served;
(b)
(c)
(d)
(e)
(9
DISPLACEMENT-no family, individual, business, nonprofit organization c
shall be involunarily displaced as a result of this property acquisition.
AUDIT REQUIREMENTS-As required by the Federal Single Audit Ac
Subrecipient shall be required to submit, to the City, a comprehensive fir
audit prepared by an independent, neutral third-party auditor. The aud
cover financial operations of the Subrecipient for the period beginning July 1
and ending June 30, 1993; the audit is due not later than September 1, I!
this agreement is extended, for any reason, into program year 1993-19
Subrecipient shall be required to submit a second audit for the period c
under the amended agreement.
Unless otherwise notified by the City, the Subrecipient shall retain all fi
records, supporting documents and statistical reports related to the s
provided under this agreement until December 31, 1995. All records subjec
audit finding must be retained for three (3) years from the date the finding i
or until the finding has been cleared by appropriate officials and the Subrt
has been given official written notice.
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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 acquisition of the si the Rehabilitation Center. Any reported program income may be retained b
Subrecipient for costs related to the San Diego Service Center for the 1
However, the program income, retained by the Subrecipient, must be repori
the City and expended before additional funds are requested from the City
4. PROGRAM REQUIREMENTS
The Subrecipient shall adhere to the terms of the City's CDBG Applic
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 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 Feders
and regulations as described in Subpart K of the CDBG Program Regulation
provisions of Subpart K, of the CDBG Program Regulations, are set for
reference, as a condition of this agreement) except that:
a. The Subrecipient will not assume the Ci's environm
responsibilities as described in Section 570.604; and
.
b. The subrecipient will not assume the City's responsibili for in
the review process required under the provisions of Executive
12372 described at 570.612 in the Federal regulations.
5. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of I
Regulations, this agreement may be suspended or terminated if the subre
fails to comply with any term(s) of the award and/or the award is termini
convenience. Section 24, Parts 85.43 and 85.44 of the Code of
Regulations are set forth, by reference, as provisions of this agreement.
4
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6. v
Upon the expiration of the agreement, the subrecipient shall transfer to th~
any CDBG funds on hand at the time of expiration including accounts rece attributable to the use of CDBG funds. Any real property under the SubreciF
excess of $25,000 must:
control that was acquired or improved in whole or in part with CDBG fur
be used to meet one of the national objectives in Section 570.: a. CFR 24 until five years after the expiration of the agreement;
b. be disposed of in a manner which results in the City
reimbursed in the amount of the current fair market value
property less any portion of the value attributable to expendit6
non-Carlsbad CDBG funds involved in the acquisition f
improvements to, the real property. Such reimbursement i required until five years after the expiration of the agreement
7. CHANGES IN USE OF FUNDS
Any desired changes in the use of CDBG funds must be approved, in adva
the City Co~’.cil. If the Subrecipient desires a change in the use of the
funds following approval of this agreement, a wriien request must be sut
permitted by the City without prior approval by the Council.
to ttp City for review by the Council, No change in use of the CDBG funds
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws res
nondiscrimination in the provision of sewices and the employment of per5
9. HOLD HARMLESS AGREEMENT
The Cii, its officers, and employees shall not be liable for any claims, li:
penalties, fines, or any damage to goods, properties, or effects of any
whatsoever, nor for personal injuries or death caused by, or claimed to ha\
caused by, or resulting from, any intentional or negligent acts, errors or 01
of Subrecipient or Subrecipient’s agents, employees, or representatives
performance of the service outlined in this agreement.
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1.
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 costlexpense that is incurred by the City on account of any c
foregoing liabilities, including liabilities or claims by reason of alleged defects
facility or the program.
10. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due there1
without the prior written consent of the City.
11. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Section 9, "Hold Ha Agreement," all terms, conditions, and provisions hereof shall insure to anc
bind each of the parties hereto, and each of their respective heirs, exec
administrators, successors, and assigns.
12. INSURANCE
The Subrecipient shall obtain and maintain policies of generat liabiiity inst
and a combined policy of worker's compensation and employers liability inst
from an insurance company authorized to do business in the State of Ca
which meets the requirements of City Council Resolution No. 90-96 in an ins
amount of not less than one million dollars ($1,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
canceled without thirty (30) days prior written notice to the City sent by c
mail.
The City shall be named as an additional insured on these policies
Subrecipient shall furnish certificates of insurance to the City
commencement of work.
6
'8
L
U.S. Department rn wdng and Urban Oevw
Los Angeles Office, Region IX
LOS Aflgele6, Calilornta 900 15-3801
0 a Nu-' O'+\
1615 West Olympic Boulevard ?[Q)*j f P
Oba rc.
OCT 29 1992
Raymond R. Patchett, City Manager
City of Carlsbad ATTENTION : Karen Sa&r 1200 Elm Avenue Carlsbad, CA 92008
Dear Mr. Patchett:
SUBJECT:
1
Communi ty Devel oplnent 61 ock Grant (CDBG) Program Grant No.: B-91-lK-06-0563 Release No: 1 City of Carlsbad Certification of Compliance with 24 CFR Part 58 Regulations
On September 30, 1992, this office received your Request for Releas Funds and Certification pertaining to the following project(s):
Project Activity Location
Service Center for the Blind 1385 Bonair Road .. Site acquisition Vista, CA
No objections to the release of such funds or to the Certification been received and a period of 15 days from and after the receipt of such rec and certification has expired. Based on your certification of compliance 24 CFR Part 58.70 through 58.76 requirements, environmental grant condition! removed. Effective October 17, 1992, you are hereby authorized to incur ( for the above project(s) where all other grant conditions have been met.
Very si ncerel y yours,
Community Planning and Development Division
pkiU1 y Apg(icjble te EXt e and Rcgulauons 0- *.
x smutury Checkiisi '-,. . .
,\re ai1 12tiv111~5 of this projtcl exempt from NEPA = pfoctduk? +-." ma 9 NO #--*
Projtsi Name 2nd ~dcnriii~ion NO. &zU;,
(11 ya. this Siatutory Cherkiin netd not k dlkd out.)
/\re aaivitics of this ptojca cuqoricalSy added from NE?A proctdurcs? 0 Yes E No
Am of St~t~to~-Reg~h~o~
Compliance
(Prccisc citations for applicable
statuits and regulations arc Mted
on the back of thh Cheskfitr. Fuii Note b* Docllmmtit
Historic Propvtia
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Air Quality nP-4 .
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0- 0-
APPENDIX E NOTICE OF EXEMPTION
TO: - Secretary for Resource5 ma: e+ ,f LA,+ 1116 Ninth Street, Room 1311
county Clerk comty of
Sacramento, California 95814 -pb p*dd c SfP, CP , LjlaB3 -
5CKU,.CL CeK-tCh !2 7L -m;J 1/;5f-A
Project Tit le
Project Location-Spxific 13TS3.3kdR x&.
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Project L0cation-Q WtY .
Cf-Lb 1
KG39
Project Location-City
Descriptim df NatSt, Purpose, add' Bdficiaries of Project
Name of Wli c Agency Awrovidg Project
Name of Fkson or.Agency Carrying Out Project
Exempt Statu& (Check One)
k GL.1 LL pafun hJSq '19 kh**-, /u& --
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(I - Ministerial (Sa. 15073) - Declared Emergency (Sec. 15071 (a)) - Emergency Roject (kc, 15071 b) and (c)) >c Categorical Exemption. State type and section number, '5W/ bJ(! ;. roucnd $r 7z, y"ud-=4< %,A @&?A &bP, ?A LII ;A $:qn; 4 '/z fReaSonss iii pr2S ExCqndpt: 'L & c*ylc ydh ~~$h<-~~h e ss :
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If filed by applicant: -
1. 2. Attach certified document of exemption finding. Has a notice of exemption been filed by the public agency approving
the project? Yes - No-
Date Received for Filing
Si@2 re L/
Title !G& @h w
30 1
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Coninkmoii IO c om-
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and .4rchaeolog1c;ll
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Demographic Character Changes
Displacement
triiplo\ mcnt ~iid Income Paltcms
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73 Jf*rpfnced. %e.,& our(rAs /"f Aa
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Commercial Facilities
Health Can.
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Environmental
Assessment Checldist
conriiiiit-tl per I
Prolect Same and Identitication No
sourcS or Documentadon
lNow data of contact or
page rc€ercncc~
AddickMI mal& may be Impact Categories .Nbcd
\aiurd Features
30
Environmental Assessment Checkiist
ttontinued. page 5) kfg;d- 71- &c -dL - 63*
J.fl~eab l! *t-g7jjq&
Summary of Findings and Conclusions:
Summa? of Envbonmental
and Alternatives
Considered:
0 0
-
En\ironrnental Assessment Checklist
Vcontinurd. page 61
Additional Studies
Periorrned t Attach
Study or Summary) 74
Mitigation Sf easures Keeded: 7F
32
Environmental Assessment Checklist kmtmued, pqe 71
&?Af 4 Bey/- flc-6
a’cb /‘cL E.&/& k &p/&
I
1, la project in co pliance with applicable laws and regulations? 8 Yes =No
2. IS an €IS required? 0 Yes BNo
3. A Finding of No Significant Impact IFONSI) can be made. Roject will not significantly affect the quality of the human environment. @Yes 0 No
Prepared by Title
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.-
Date 7-1 19
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E x EM P T i ON 3 CUI-’,€ RTAY I C :r‘
~CCF~ par: 53 - Section 53.3(b)
I
- - -- - - -- - - - - ----_-_---------~-------------------------------------------
Camunity Oevelopment alack Grznt Prosram
Environmental 0etern:na:ion
I
-. _-- Grant No.: 3- sl-‘~.C - o b - 0 5-75
f;*J - brr s+f+ 9 F.-aj:ect Nzmg: yLRJ:L L-+-L?L 73
* hheRMd -i:ch+ 1mh-r Project Description: <,Lo 1 1 I I
suhk - -L C;L 81 d:sk
;yi& cL4r a -- hadl js.l’-_ 3 VI\* J
72 fc Ls~ 0 \
@n~-(q6~& l~rcd 6-L oL(.Mr b
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to scL.1 Icr L 53*Lt;n-bR;-4 8 rn LA& 114 se
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SGLI w: [I pwu;b *% -0-5 q +L
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$+uJc*fr $“ 47
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review under 24CFR Part 58, Section 58.34(?)(@) d.35’6
C;L ol I’ \ I’ r.
J
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, 7ltsL sen3 ;L~S + CLC~L- hy? p””j”e
i
Me find this project to be exempt from enviromeztal
required under Section 58.23(b).
- __ ___ - 4-hi5-ciomnt~ wr determlnatlon Of eXmPtlOn as -
&445 c. L3& g2te: 07 - /!ra
“vtc: 74s-5 Preparer :
Certifying 3fficer:
/ 4,
g 9Sec:ion SE.3t(a)(!) :h?Cush !?)
e .. 0
APPENDIX E
NOTICE OF EXEMPTION
TO: - Secretary for Resources FRoM: ?,c, ,f I/,& 1416 Ninth Street, Room 1311 Sacramento, California 95814 p 0 ,T6% ,4%%
I/: St@, CP ?%S3 - county Clerk
county of
dCRU,'CL 4 Ck+Ch k- --x+ w;Ad hfA
Roject Title
)375/36k*!R xA I
Project Location-Specific
Fk13;cQo
Project Locatim mty
Gf-dCMb 1 phk m+zq 51% h,p+', a
&trt Pro jet Location-City
Description ob NatrYre, Purpose, add' Ben%ficiaries of Project
Name of tzlbli c Agency Approvidg Project
h-+- LLd\ g
Na:e$ 'p; d*s- *
(h, b.4, SCA t4, -L 7 G'PI; ,d . Keh.eLls-ttbPL.'j -'
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t rson e: Agency Carrying Out Project
Exempt Statu& (Check One)
c+c v b PiwL gke wp + ; SvL
U - Ministerial (Sec. 15073) - Declared Emergency (Sec. 15071 (a)) - Emergency Project (Sec. 15071 (b) and (c))
A Categorical Exemption. State type and section number. /r*L/ bJ(d
e69 a I+pp/t no;= o/- :M 5; 4 %c .Y 7A85 Act; J:? ,'5 Qu en 4 6 7~- 7 cncrse.~ =-/e %&A
fReiso&s ;$ iof~ kximpt: 'L$ Z:+%kL& c*pic ye ~yh:>~k<.,i~ bL (5- Js+f;Y3C; A 5i k, +?oss:b
M LC c L3+ 3 PO C+tact Person Area Code Telephone Extension
If filed by applicant: 1.
2.
Attach certified document of exemption finding.
Has a notice of exemption been filed by the public agency approving
the project? Yes - No -
Date Received for Filing -
Title
30 1
e.
-9
December 22, 1992
Mr. Michael Palmer
President
Service Center for the Blind
1385 Bonair Road
Vista, CA 92083
RE: Subrecipient Agreement with the San Diego Service Center :
the Blind
The Carlsbad City Council, at its meeting of December 15, 19' adopted Resolution No. 92-363, approving a Subrecipient Agreemc
for use of Community Development Block Grant (CDBG) funds f.
Program Year 1990-91.
Enclosed is a fully executed copy of the agreement and a copy
Resolution No. 92-363 for your files.
Sf&& Assistant City Clerk
KRK: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434