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HomeMy WebLinkAbout1994-01-11; City Council; 12531; 1993-94 Subrecipient Agmts for CDBGs--- <- tl: a-7 ca. 4 z 0 F 0 a d 8 z 3 SF A AB# 12./53/ TITLE: DEPT. CITY A MTG. 1-11-4Y DEPT. RED* BLOCK GRANT FUNDS CITY N RECOMMENDED ACTION: /Ud B)TY OF CARLSBAD - AGQY DA BILL ' ld APPROVAL OF 1993-94 SUBRECIPIENT AGREEmNTS FOR COMMUNITY DEVELOPMENT Adopt Resolution NO. 94- 10 to approve 1993-94 Subrecipient Agreements for federal Community Development Block Grant Funds, ITEM EXPLANATION: On May 25, 1993, the City Council selected the organizations to receive federal Community Development Block Grant (CDBG) Entitlement funding for the 1993-94 program year. Prior to disbursing CDBG funding for the subrecipients, the City must complete appropriate environmental reviews and execute a written agreement for the various approved project(s). As required by federal regulations, staff has completed the required environmental reviews and prepared the 1993-94 agreements for 7 out of the approved 11 subrecipients. Agreements with the following organizations are provided for review and approval at this time: 0 Senior Aldult Services 0 0 North County Lifeline 0 Community Resource Center 0 0 Girls Club Catholic Charities (Good Samaritan House and La Posada de Guadalupe operations) Boys 8z Girls Club (Gang Prevention Program) Join Hands Save A Life The completed 1993-94 CDBG Subrecipient Agreements are attached as Exhibit 2 for City Council review and approval. The environmental reviews for the projects are on file in the Housing and Redevelopment Department. The environmental reviews for the remaining four (4) subrecipient projects have not yet beer completed. Upon completion, staff will return to the City Council with the remaining agreements for approval. FISCAL IMPACT: No fiscal impact on the General Fund. All of the above projects will be funded through the federal CDBG program. EXHIBITS: 1 - Resolution No. 9Y- 10 approving 1993-94 Subrecipient Agreements for federal CDB funds. 2 - 1993-94 Subrecipient Agreements c, *$ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 0 0 REISOLUTION NO. 94-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SUBRECIPIENT AGREEMEPITS FOR THE CITY GRANT PROGRAM OF CARLSBAD'S 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK WHEREAS, the City Council of the City of Carlsbad, California, has considered tht required subrecipient agreements for 1993-94 Community Development Block Grant funds; an( WHEREAS, the City Council has taken all testimony into account. NOW, THEREFORE, BE IT RESOLVED as follows: 1. 2. That the City Council has approved the 1993-94 Communit Development Block Grant Subrecipient Agreements for the followin organizations: Senior Adult Services; Catholic Charities (public servict only); Boys and Girls Club (Gang Prevention Program); North Counl Lifeline; Community Resource Center; Join Hands - Save A Life; ar the Girls Club. The agreements are on file in the City Clerk's Office. That the above recitation is true and correct. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, on the 11th day of JANUARY , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil NOES: None ABSTAIN: None ABSENT: None ATTEST: mw-imQaerk .. * 0 EXHIBIT 2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1993-94 SUBRECIPIENT AGREEMENTS - e 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SENIOR ADULT SERVICES FOR 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 13th day of JANUARY , 1394, by and between the CITY OF CARLSBAD, a municipa corporation, hereinafter referred to as "City'', and SENIOR ADULT SERVICES, a non profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide basic services related to fooc shelter, health and clothing to low and moderate income households within Carlsbat and, WHEREAS, the Subrecipient can provide one or more of these basic services fc low and moderate income households with some assistance from the City; and, WHEREAS, the City has received environmental clearance to release the func for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenan contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1993-1 994 Community Development Block Gra (CDBG) funds, in the amount of five thousand dollars ($5,000) to the Subrecipie to assist with the costs associated with provision of a Meals-on-Wheels progra for senior citizens and the disabled within the city limits of Carlsbad, California Every effort shall be made by the subrecipient to expend the allocated funds their entirety by September 30, 1994. If the Subrecipient will be unable to expe all of the funds allocated to the project by the noted date, the subrecipient sh request an extension from the City for continued use of the funds on the approvl project. Based on progress made by the subrecipient towards completing tl .. 0 0 subject project, the City will either agree to grant the extension or notify ti Subrecipient that the funds must be reallocated to another eligible project due slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrati! costs related to the operation of the Meals-On-Wheels program for eligit residents of Carlsbad for the period beginning October 1, 1993 and endii September 30, 1994. The reimbursements for costs shall not exceed a to of $5,000. The City shall not provide any paymentslreimbursements in advan of actual expenditures by the subrecipient. The Subrecipient shall submit a "Reimbursement Request'' to the City to requt payment for program administration costs. Each request for reimbursement sh include documentation to verify expenditure of funds are consistent with t project description/definition as approved by the City Council. Prior to receivi reimbursement, the City will verify that the Subrecipient has met all applicat regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all co! are samples of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreemen- approved by the City Council and continue until the expiration date, or amenc expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earr as a direct result of the use of federal CDBG funds for Meals-On-Whe Program. All reported program income may be retained by the Subrecipient retained by the Subrecipient, must be expended before additional funds ; requested from the City. The requirements are set forth in the federal regulatir Sections 570.504 (c) which are incorporated herein by reference. costs related to the Meals-On-Wheels Program. However, the program incor 2 - 0 0 4, LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear i expenses necessary to provide the Meals-On-Wheels Program as outlined in th agreement. Under this agreement, the City's only financial obligation to tt Subrecipient is to provide the CDBG funds of $5,000 maximum as allocated t the City Council for program year 1993-94. 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the progra year beginning October 1, 1993 and ending September 30, 1994. The fin progress report is due no later than October 15, 1994. The report must inclut performance. The subrecipient must demonstrate satisfactory performance pri to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. Total number of persons/households participating in the program durir reported period; b. Number of low/moderate income persons/households participating in tk program during the reporting period; c. Age and ethnic background of participants; d. Summary of program(s) provided to participants; e. Total number of participants from Carlsbad; The Subrecipient shall maintain separate accounting records for the federal CDB funds provided by the City. The City, Federal Grantor Agency, Comptrolll General of the United States, or any of their duly-authorized representatives sh; have access to all books, documents, papers and records maintained by tt Subrecipient which directly pertain to the above project for the purpose of aud examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financi records, supporting documents and statistical reports related to the proje identified under this agreement until September 30, 1997. All records subject an audit finding must be retained for three (3) years from the date the finding made or until the finding has been cleared by appropriate officials and tt Subrecipient has been given official written notice. sufficient information to assist the City in monitoring the subrecipienl 3 - 0 0 If the Subrecipient shall receive more than $25,000 in total federal funds in o fiscal year from the City of Carlsbad and/or any other city or agency, 1 subrecipient is required to submit a Single Audit Report. As required by 1 Federal Single Audit Act, the Subrecipient shall be required to submit, to the C a comprehensive financial audit prepared by an independent, neutral third-pa auditor. The audit shall cover financial operations of the Subrecipient for 1 period beginning July 1, 1993 and ending June 30, 1994 and is due not later th one year after expiration of the agreement. The Subrecipient shall also required to submit a second audit for the period covered under fiscal yt beginning July 1 , 1994 and ending June 30, 1995 for any funds received in fis year 1994-95 per this agreement, 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application i Subrecipient Agreement and with assurances and agreements made, by the C to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administral Requirements as described in Section 570.502 of the federal regulations for CDBG Program; the federal requirements are set forth, by reference, a: provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal I: and regulations as described in Subpart K, such as labor standards (Davis Bat Act), fair housing requirements of the CDBG Program Regulations, except tl a. The Subrecipient will not assume the City’s environmental responsibili as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating review process required under the provisions of Executive Order 12: described at 570.612 of the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the USI CDBG funds by religious organizations, if applicable to this agreement and approved project outlined herein. 4 - 0 0 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If tt- Subrecipient desires a change in the use of the CDBG funds following approv of this agreement, a written request must be submitted to the City for review I: without prior formal approval by the Council. the Council. No change in use of the CDBG funds will be permitted by the Ci 8. N 0 N D I S C R I M I NATl 0 N CLAUSE The Subrecipient shall comply with all state and federal laws regardir nondiscrimination in the provision of services and the equal opportun employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Feder Regulations, this agreement may be suspended or terminated if the subrecipie fails to comply with any term(s) of the award and/or the award is terminated f convenience. Section 24, Parts 85.43 and 85.44 of the Code of Feder Regulations are set forth, by reference, as provisions of this agreement. IO. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City a CDBG funds on hand at the time of expiration and any accounts receival: attributable to the use of CDBG funds. The subrecipient shall be required to u any real property under the subrecipient's control that was acquired or improv in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 the federal regulations until five (5) years after expiration of the agreeme or, Disposed of in a manner that results in the City being reimbursed in 1 amount of the current fair market value of the property less any portion the value attributable to expenditures of non-CDBG funds for acquisitii or improvement to, the property. Reimbursement is not required after 1 period of time specified in paragraph (a) of this section. b) 5 - e 0 I I, HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitie: penalties, fines, or any damage to goods, properties, or effects of any perso whatsoever, nor for personal injuries or death caused by, or claimed to have bee caused by, or resulting from, any intentional or negligent acts, errors or omissi0 of Subrecipient or Subrecipient's agents, employees, or representatives i completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Cia any kind and any cosuand expense that is incurred by the City on account of ar of the foregoing liabilities, including liabilities or claims by reason of allege and its officers and employees against any of the foregoing liabilities or claims 1 defects in any plans and specifications for the project or facility, 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereund without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hc Harmless Agreement," all terms, conditions, and provisions hereof shall insure and shall bind each of the parties hereto, and each of their respective hei executors, administrators, successors, and assigns. 14, INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG fun and/or other funds, the Subrecipient shall obtain and maintain policies of gene liability insurance and a combined policy of worker's compensation and employe liability insurance from an insurance company authorized to do business in t State of California which meets the requirements of City Council Resolution F 90-96 in an insurable amount of not less than one million dollars ($1,000,0( each, unless a lower amount is approved by the City Attorney or the C Manager. 6 - 0 a This insurance shall be in force during the term of this agreement and shall no1 be canceled without thirty (30) days prior written notice to the City sent bj certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City beforc commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. e State of California ATTEST: lzAxL 2 Q!L ALETHA L. RAUTENKRANZ, CITY CLEM APPROVED AS TO FORM: f-2 b RON BALL, CITY ATTOR EY &if%. 7 c 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1993-94 THIS AGREEMENT, made and entered into as of this 13th day of JANW ,1994, by and between the CITY OF CARLSBAD, a municir: corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide basic services related to foi shelter, health and clothing to low and moderate income households within Carlsbl and, WHEREAS, the Subrecipient can provide one or more of these basic services low and moderate income households with some assistance from the City; and, WHEREAS, the City has received environmental clearance to release the fui for this project; NOW, THEREFORE, in consideration of these recitals and the mutual coven2 contained herein, City and Subrecipient agree as follows: I. STATEMENT OF WORK The City has allocated federal 1993-1 994 Community Development Block G (CDBG) funds, in the amount of seven thousand three hundred dollars ($7,: to the Subrecipient to assist with the costs associated with provision of 1 tc days of shelter to homeless males in North County, including Carlsbad, from Subrecipient's shelter location at 901 First Street in Oceanside, California. E the City has allocated nine thousand five hundred dollars ($9,500) in 199: CDBG funds for operation of the La Posada De Guadalupe homeless shelter beds) located at 2472-2476 Impala Drive in Carlsbad Every effort shall be made by the subrecipient to expend the allocated func their entirety by September 30, 1994. If the Subrecipient will be unable to ex! a 0 all of the funds allocated to the project by the noted date, the subrecipient shall request an extension from the City for continued use of the funds on the approved project. Based on progress made by the subrecipient towards completing the subject project, the City will either agree to grant the extension or notify the Subrecipient that the funds must be reallocated to another eligible project due tr slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrativc costs related to the provision of services for eligible residentdcitizens of Carlsbal for the period beginning October 1, 1993 and ending September 30, 1994. Thr reimbursements for costs shall not exceed a total of $16,800. The City sha not provide any payments/reimbursements in advance of actual expenditures b the subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to reques payment for program administration costs. Each request for reimbursement sha include documentation to verify expenditure of funds are consistent with th project description/definition as approved by the City Council. Prior to receivin reimbursement, the City will verify that the Subrecipient has met all applicabl regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all COS are samples of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement approved by the City Council and continue until the expiration date, or amend€ expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earn as a direct result of the use of federal CDBG funds for the program outlined witt this agreement. All reported program income may be retained by the Subrecipie for costs related to the subject program activities. However, the program incorr retained by the Subrecipient, must be expended before additional funds a requested from the City. The requirements are set forth in the federal regulatio Sections 570.504 (c) which are incorporated herein by reference. 2 0 0 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear i expenses necessary to provide the subject program as outlined in this agreemer Under this agreement, the City's only financial obligation to the Subrecipient is provide the CDBG funds of $16,800 maximum as allocated by the City Council f program year 1993-94. 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the progr: year beginning October 1, 1993 and ending September 30, 1994. The fir progress report is due no later than October 15, 1994. The report must inch sufficient information to assist the City in monitoring the subrecipien performance. The subrecipient must demonstrate satisfactory performance pr to reimbursement for expenditures. At a minimum, the performance reports shall include the following information a. b. c. d. e. The Subrecipient shall maintain separate accounting records for the federal CDI funds provided by the City. The City, Federal Grantor Agency, Comptrol General of the United States, or any of their duly-authorized representatives st have access to all books, documents, papers and records maintained by 1 Subrecipient which directly pertain to the above project for the purpose of aul Total number of persons/households participating in the program duri reported period; Number of low/moderate income personslhouseholds participating in 1 program during the reporting period; Age and ethnic background of participants; Summary of program(s) provided to participants; Total number of participants from Carlsbad; examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financ records, supporting documents and statistical reports related to the pro1 identified under this agreement until September 30, 1997. All records subjec an audit finding must be retained for three (3) years from the date the findin! made or until the finding has been cleared by appropriate officials and Subrecipient has been given official written notice. 3 0 0 If the Subrecipient shall receive more than $25,000 in total federal funds in on fiscal year from the City of Carlsbad and/or any other city or agency, th subrecipient is required to submit a Single Audit Report. As required by th Federal Single Audit Act, the Subrecipient shall be required to submit, to the Cit a comprehensive financial audit prepared by an independent, neutral third-par auditor. The audit shall cover financial operations of the Subrecipient for tt period beginning July 1, 1993 and ending June 30, 1994 and is due not later th; one year after expiration of the agreement. The Subrecipient shall also t required to submit a second audit for the period covered under fiscal ye beginning July 1, 1994 and ending June 30, 1995 for any funds received in fisc year 1994-95 per this agreement. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application ai Subrecipient Agreement and with assurances and agreements made, by the Ci to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrati Requirements as described in Section 570.502 of the federal regulations for t CDBG Program; the federal requirements are set forth, by reference, as provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal la and regulations as described in Subpart K, such as labor standards (Davis Bac Act), fair housing requirements of the CDBG Program Regulations, except th a. The Subrecipient will not assume the City’s environmental responsibilii as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating review process required under the provisions of Executive Order 12: described at 570.612 of the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the I of CDBG funds by religious organizations, if applicable to this agreem and the approved project outlined herein. 4 0 0 '31. eUANeES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If Subrecipient desires a change in the use of the CDBG funds following appro of this agreement, a written request must be submitted to the City for review the Council. No change in use of the CDBG funds will be permitted by the C without prior formal approval by the Council. 8. N 0 N D I SC RI M I N AT1 ON CLAUSE The Subrecipient shall comply with all state and federal laws regard nondiscrimination in the provision of services and the equal opportur employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Fede Regulations, this agreement may be suspended or terminated if the subrecipic fails to comply with any term(s) of the award and/or the award is terminated convenience. Section 24, Parts 85.43 and 85.44 of the Code of Fede Regulations are set forth, by reference, as provisions of this agreement. IO. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City E CDBG funds on hand at the time of expiration and any accounts receival attributable to the use of CDBG funds. The subrecipient shall be required to u any real property under the subrecipient's control that was acquired or improv in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 the federal regulations until five (5) years after expiration of the agreeme or1 5 0 e b) Disposed of in a manner that results In the City being r4mbursed In th amount of the current fair market value of the property less any portion ( the value attributable to expenditures of non-CDBG funds for acquisitior or improvement to, the property. Reimbursement is not required after th period of time specified in paragraph (a) of this section. 1 I. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitie: penalties, fines, or any damage to goods, properties, or effects of any perso whatsoever, nor for personal injuries or death caused by, or claimed to have bee caused by, or resulting from, any intentional or negligent acts, errors or omissio of Subrecipient or Subrecipient's agents, employees, or representatives I completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Ci and its officers and employees against any of the foregoing liabilities or claims ( any kind and any costland expense that is incurred by the City on account of ar of the foregoing liabilities, including liabilities or claims by reason of allege defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereundc without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 1 I, "Ho Harmless Agreement," all terms, conditions, and provisions hereof shall insure and shall bind each of the parties hereto, and each of their respective heir executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG fun( and/or other funds, the Subrecipient shall obtain and maintain policies of gener liability insurance and a combined policy of worker's compensation and employe 6 m 0 liability insurance from an insurance company authorized to do business in ti State of California which meets the requirements of City Council Resolution N 90-96 in an insurable amount of not less than one million dollars ($1,000,00 each, unless a lower amount is approved by the City Attorney or the CI Manager, This insurance shall be in force during the term of this agreement and shall n be canceled without thirty (30) days prior written notice to the City sent I certified mail. The City shall be named as an additional insured on these policies. TI Subrecipient shall furnish certificates of insurance to the City befo commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to I executed as of the day and year first written above. CATHOLIC CHARITIES, a non-profit organization, - SISTER RAYMONDA DUVALL, EXECUTIVE DIRECTOR he State of California ATTEST: l2-4Dk?& ALETHA L. RAUTENKRANZ, CITY CL~RK APPROVED AS TO FORM: - =.E. L RON BALL, CITY ATTORN Y J+r. 7 w AGREEMENT BETWEEN THE GIN OF CARLSBAD AND BOYS AND GIRLS CLUB OF CARLSBAD FOR 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 13th JANUARY day of , 19~, by and between the CITY OF CARLSBAD, a municip corporation, hereinafter referred to as "City", and BOYS AND GIRLS CLUB OF CARLSBAD, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide basic services related to fooc shelter, health and clothing to low and moderate income households within Carlsbac and, WHEREAS, the Subrecipient can provide one or more of these basic services fc low and moderate income households with some assistance from the City; and, WHEREAS, the City has received environmental clearance to release the func for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenan contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal +l993-I 994 Community Development Block Grai (CDBG) funds, in the amount of twenty thousand dollars ($20,000) to th Subrecipient to assist with the costs associated with provision of a gan prevention program focused on young people between the ages of I3 and 1 from the Subrecipient's administrative office location at 31 15 Roosevelt Street Carlsbad, California. Every effort shall be made by the subrecipient to expend the allocated funds their entirety by September 30, 1994. If the Subrecipient will be unable to expen all of the funds allocated to the project by the noted date, the subrecipient sh: request an extension from the City for continued use of the funds on the approve w w project. Based on progress made by the subrecipient towards completing th subject project, the City will either agree to grant the extension or notify th Subrecipient that the funds must be reallocated to another eligible project due 1 slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrati\ costs related to the provision of services for eligible residentskitizens of Carlsbz for the period beginning October 1, 1993 and ending September 30, 1994. Tb reimbursements for costs shall not exceed a total of $20,000. The City sh: not provide any paymentslreimbursements in advance of actual expenditures Ir the subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to reque payment for program administration costs. Each request for reimbursement sh: include documentation to verify expenditure of funds are consistent with tt- project description/definition as approved by the City Council. Prior to receivir reimbursement, the City will verify that the Subrecipient has met all applicab regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all cos are samples of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement approved by the City Council and continue until the expiration date, or amende expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earn€ as a direct result of the use of federal CDBG funds for the program outlined with this agreement. All reported program income may be retained by the Subrecipie for costs related to the subject program activities. However, the program incom retained by the Subrecipient, must be expended before additional funds a requested from the City. The requirements are set forth in the federal regulatior Sections 570.504 (c) which are incorporated herein by reference. 2 0 0 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear a expenses necessary to provide the subject program as outlined in this agreement Under this agreement, the City's only financial obligation to the Subrecipient is tc provide the CDBG funds of $20,000 maximum as allocated by the City Council fo program year 7 993-94. 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the prograr year beginning October 1, 1993 and ending September 30, 1994. The fin: progress report is due no later than October 15, 1994. The report must includ sufficient information to assist the City in monitoring the subrecipient' performance. The subrecipient must demonstrate satisfactory performance pric to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. Total number of persons/households participating in the program durin reported period; b. Number of low/moderate income personslhouseholds participating in th program during the reporting period; c. Age and ethnic background of participants: d. Summary of program(s) provided to participants; e. Total number of participants from Carlsbad; . The Subrecipient shall maintain separate accounting records for the federal CDB funds provided by the City. The City, Federal Grantor Agency, Comptrollc General of the United States, or any of their duly-authorized representatives sh; have access to all books, documents, papers and records maintained by tt Subrecipient which directly pertain to the above project for the purpose of aud examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financi records, supporting documents and statistical reports related to the proje identified under this agreement until September 30, 1997. All records subject an audit finding must be retained for three (3) years from the date the finding made or until the finding has been cleared by appropriate officials and tl Subrecipient has been given official written notice. 3 0 w If the Subrecipient shall receive more than $25,000 in total federal funds in 01 fiscal year from the City of Carlsbad and/or any other city or agency, tl subrecipient is required to submit a Single Audit Report. As required by tl Federal Single Audit Act, the Subrecipient shall be required to submit, to the Ci‘ a comprehensive financial audit prepared by an independent, neutral third-pal auditor. The audit shall cover financial operations of the Subrecipient for tl period beginning July 1 , 1993 and ending June 30, 1994 and is due not later thi one year after expiration of the agreement. The Subrecipient shall also 1 required to submit a second audit for the period covered under fiscal ye beginning July 1 , 1994 and ending June 30, 1995 for any funds received in fisc year 1994-95 per this agreement. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application a Subrecipient Agreement and with assurances and agreements made, by the Ci to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrati Requirements as described in Section 570.502 of the federal regulations for t CDBG Program; the federal requirements are set forth, by reference, as provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal la\ and regulations as described in Subpart K, such as labor standards (Davis Bacc Act), fair housing requirements of the CDBG Program Regulations, except thi a. The Subrecipient will not assume the City’s environmental responsibiliti as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating t review process required under the provisions of Executive Order 123 described at 570.612 of the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use CDBG funds by religious organizations, if applicable to this agreement and t approved project outlined herein. 4 a W 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If ti Subrecipient desires a change in the use of the CDBG funds following approv of this agreement, a written request must be submitted to the City for review I the Council. No change in use of the CDBG funds will be permitted by the Cl without prior formal approval by the Council. 8. NON Dl SC RI M I NATION CLAUSE The Subrecipient shall comply with all state and federal laws regardi nondiscrimination in the provision of services and the equal opportun employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Fede Regulations, this agreement may be suspended or terminated if the subrecipic fails to comply with any term(s) of the award and/or the award is terminated ' convenience. Section 24, Parts 85.43 and 85.44 of the Code of Fede Regulations are set forth, by reference, as provisions of this agreement. 90. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City i CDBG funds on hand at the time of expiration and any accounts receiva attributable to the use of CDBG funds. The subrecipient shall be required to L any real property under the subrecipient's control that was acquired or improk in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.201 the federal regulations until five (5) years after expiration of the agreemc or, 5 e w b) Disposed of in a manner that results in the City being reimbursed in tht amount of the current fair market value of the property less any portion o the value attributable to expenditures of non-CDBG funds for acquisition or improvement to, the property. Reimbursement is not required after thc period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitie: penalties, fines, or any damage to goods, properties, or effects of any perso whatsoever, nor for personal injuries or death caused by, or claimed to have bee caused by, or resulting from, any intentional or negligent acts, errors or omissi0 of Subrecipient or Subrecipient’s agents, employees, or representatives i completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Cit and its officers and employees against any of the foregoing liabilities or claims c any kind and any costland expense that is incurred by the City on account of an of the foregoing liabilities, including liabilities or claims by reason of allege defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereundc without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, “Ho Harmless Agreement,” all terms, conditions, and provisions hereof shall insure i and shall bind each of the parties hereto, and each of their respective heir executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG fun( and/or other funds, the Subrecipient shall obtain and maintain policies of genei liability insurance and a combined policy of worker’s compensation and employe 6 0 a liability insurance from an insurance company authorized to do business in th State of California which meets the requirements of City Council Resolution Nc 90-96 in an insurable amount of not less than one million dollars ($l,OOO,OOC each, unless a lower amount is approved by the City Attorney or the Cit Manager. This insurance shall be in force during the term of this agreement and shall nc be canceled without thirty (30) days prior written notice to the City sent b certified mail. The City shall be named as an additional insured on these policies. Tk Subrecipient shall furnish certificates of insurance to the City befoi commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to k executed as of the day and year first written above. D GIRLS CLUB OF CARLSBAD, a non-profit organization, L Carman J/: Cedola, Executive Director ATTEST: ap. u ALETHA L. RAUTENKRANZ, CITY CL~RK ED AS TO FORM: Q. L /// 2/$Y, RON BALL, CITY ATTORNEY 7 0 w AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY LIFELINE FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1993-94 THIS AGREEMENT, made and entered into as of this 13th day of JANUARY , 19%, by and between the CITY OF CARLSBAD, a municipa corporation, hereinafter referred to as "City", and NORTH COUNTY LIFELINE, a non- profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide basic services related to food shelter, health and clothing to low and moderate income households within Carlsbad and, WHEREAS, the Subrecipient can provide one or more of these basic services fo low and moderate income households with some assistance from the City; and, WHEREAS, the City has received environmental clearance to release the fund for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenant contained herein, City and Subrecipient agree as follows: I. STATEMENT OF WORK The City has allocated federal 1993-1 994 Community Development Block Grar (CDBG) funds, in the amount of one thousand dollars ($1,000) to the Subrecipier to assist with the costs associated with provision of housing services whicl include: shared housing, landlordhenant mediation, legal clinic, housin! discrimination, emergency shelter and public information to Carlsbad resident through the Subrecipients administrative office located at 1824 S. Hill Street i Oceanside, California. Every effort shall be made by the subirecipient to expend the allocated funds i their entirety by September 30, 1994. If the Subrecipient will be unable to expen all of the funds allocated to the project by the noted date, the subrecipient sha 0 W request an extension from the City for continued use of the funds on the approve subject project, the City will either agree to grant the extension or notify th Subrecipient that the funds must be reallocated to another eligible project due 1 slow project progress. project. Based on progress made by the subrecipient towards completing th 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administratiw costs related to the provision of services for eligible residentdcitizens of Carlsba for the period beginning October 1 , 1993 and ending September 30, 1994. Th reimbursements for costs shall not exceed a total of $1,000. The City shz the subrecipient. The Subrecipient shall submit a "Reimbursement Request'' to the City to reque payment for program administration costs. Each request for reimbursement Shi include documentation to verify expenditure of funds are consistent with tt project description/definition as approved by the City Council. Prior to receivir reimbursement, the City will verify that the Subrecipient has met all applicab regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all cos are samples of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement approved by the City Council and continue until the expiration date, or amend€ expiration date, of this agreement. not provide any paymentslreimbursements in advance of actual expenditures t 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earnc as a direct result of the use of federal CDBG funds for the program outlined witt this agreement. All reported program income may be retained by the Subrecipie for costs related to the subject program activities. However, the program incorr retained by the Subrecipient, must be expended before additional funds a requested from the City. The requirements are set forth in the federal regulatio Sections 570.504 (c) which are incorporated herein by reference. 2 0 W 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear expenses necessary to provide the subject program as outlined in this agreemei Under this agreement, the City's only financial obligation to the Subrecipient is provide the CDBG funds of $1,000 maximum as allocated by the City Council 1 program year 1993-94. 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the progrz year beginning October I, 1993 and ending September 30, 1994. The fir progress report is due no later than October 15, 1994. The report must inch sufficient information to assist the City in monitoring the subrecipien performance. The subrecipient must demonstrate satisfactory performance pr to reimbursement for expenditures. At a minimum, the performance reports shall include the following information a. Total number of persons/households participating in the program duri b. Number of low/moderate income persons/households participating in t program during the reporting period; c. Age and ethnic background of participants; d. Summary of program(s) provided to participants; e. Total number of participants from Carlsbad; The Subrecipient shall maintain separate accounting records for the federal CDE funds provided by the City. The City, Federal Grantor Agency, Comptrol General of the United States, or any of their duly-authorized representatives sh have access to all books, documents, papers and records maintained by t Subrecipient which directly pertain to the above project for the purpose of auc examination, excerpts and transcriptions. < Unless otherwise notified by the City, the Subrecipient shall retain all financ records, supporting documents and statistical reports related to the projt identified under this agreement until September 30, 1997. All records subject an audit finding must be retained for three (3) years from the date the finding made or until the finding has been cleared by appropriate officials and t Subrecipient has been given official written notice. reported period: 3 a W If the Subrecipient shall receive more than $25,000 in total federal funds in o fiscal year frOm the City of Carlsbad andlor any other city or agency, t subrecipient is required to submit a Single Audit Report. As required by t Federal Single Audit Act, the Subrecipient shall be required to submit, to the Ci a comprehensive financial audit prepared by an independent, neutral third-pa auditor. The audit shall cover financial operations of the Subrecipient for t period beginning July 1 , 1993 and ending June‘30, 1994 and is due not later th one year after expiration of the agreement. The Subrecipient shall also required to submit a second audit for the period covered under fiscal ye beginning July 1, 1994 and ending June 30, 1995 for any funds received in fisc year 1994-95 per this agreement. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application a Subrecipient Agreement and with assurances and agreements made, by the Ci to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrati Requirements as described in Section 570.502 of the federal regulations for t CDBG Program; the federal requirements are set forth, by reference, as provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal la\ and regulations as described in Subpart K, such as labor standards (Davis Bacl Act), fair housing requirements of the CDBG Program Regulations, except th a. The Subrecipient will not assume the City’s environmental responsibiliti as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating t review process required under the provisions of Executive Order 123 described at 570.612 of the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use CDBG funds by religious organizations, if applicable to this agreement and I approved project outlined herein. b. 4 e 0 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipient desires a change in the use of the CDBG funds following approva of this agreement, a written request must be submitted to the City for review bb the Council. No change in use of the CDBG funds will be permitted by the Cit) without prior formal approval by the Council. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regardin! nondiscrimination in the provision of services and the equal opportunit employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Feden Regulations, this agreement may be suspended or terminated if the subrecipien fails to comply with any term(s) of the award and/or the award is terminated fo convenience. Section 24, Parts 85.43 and 85.44 of the Code of Feder: Regulations are set forth, by reference, as provisions of this agreement. IO. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City an CDBG funds on hand at the time of expiration and any accounts receivabl attributable to the use of CDBG funds. The subrecipient shall be required to us any real property under the subrecipient's control that was acquired or improve in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 I the federal regulations until five (5) years after expiration of the agreemer or, 5 0 W b) Disposed of in a manner that results in the City being reimbursed in tt amount of the current fair market value of the property less any portion the value attributable to expenditures of non-CDBG funds for acquisitio or improvement to, the property. Reimbursement is not required after tt- period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilitie penalties, fines, or any damage to goods, properties, or effects of any persc whatsoever, nor for personal injuries or death caused by, or claimed to have bee caused by, or resulting from, any intentional or negligent acts, errors or omissic of Subrecipient or Subrecipient's agents, employees, or representatives completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Ci and its officers and employees against any of the foregoing liabilities or claims any kind and any costland expense that is incurred by the City on account of ai of the foregoing liabilities, including liabilities or claims by reason of allegc defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereund without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hc Harmless Agreement," all terms, conditions, and provisions hereof shall insure and shall bind each of the parties hereto, and each of their respective heii executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG fun1 and/or other funds, the Subrecipient shall obtain and maintain policies of genei liability insurance and a combined policy of worker's compensation and employe 6 0 m liability insurance from an insurance company authorized to do business in th State of California which meets the requirements of City Council Resolution Nc 90-96 in an insurable amount of not less than one million dollars ($l,OOO,OOC each, unless a lower amount is approved by the City Attorney or the Cit Manager. This insurance shall be in force during the term of this agreement and shall nc be canceled without thirty (30) days prior written notice to the City sent b certified mail. The City shall be named as an additional insured on these policies. Th Subrecipient shall furnish certificates of insurance to the City befor commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to b executed as of the day and year first written above. tate of California ATTEST: EN-* I - Y RON BALL, CITY ATTO NEY ++,?+% 7 a w AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COMMUNITY RESOURCE CENTER FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1993-94 THIS AGREEMENT, made and entered into as of this 13th day of JANUARY ,1994, by and between the CITY OF CARLSBAD, a municipa corporation, hereinafter referred to as Tity", and COMMUNITY RESOURCE CENTER a non-profit organization, hereinafter referred to as "Subrecipient". R EC I TALS WHEREAS, the City has the need to provide basic services related to fooc shelter, health and clothing to low and moderate income households within Carlsbac and, WHEREAS, the Subrecipient can provide one or more of these basic services fc low and moderate income households with some assistance from the City; and, WHEREAS, the City has received environmental clearance to release the func for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenani contained herein, City and Subrecipient agree as follows: I. STATEMENT OF WORK The City has allocated federal 1993-1 994 Community Development Block Grai (CDBG) funds, in the amount of nine thousand dollars ($9,000) to th Subrecipient to assist with the costs associated with provision of social servicc and direct assistance in an effort to help low/moderate income persons maintain adequate housing to prevent homelessness through the Subrecipien administrative office located at 31 38 Roosevelt Street in Carlsbad, California. Every effort shall be made by the subrecipient to expend the allocated funds their entirety by September 30, 1994. If the Subrecipient will be unable to exper all of the funds allocated to the project by the noted date, the subrecipient sh; request an extension from the City for continued use of the funds on the approvc 0 0 project. Based on progress made by the subrecipient towards completing th subject project, the City will either agree to grant the extension or notify th Subrecipient that the funds must be reallocated to another eligible project due 1 slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrativ costs related to the provision of services for eligible residentskitizens of Carlsbc for the period beginning October 1, 1993 and ending September 30, 1994. Tf reimbursements for costs shall not exceed a total of $9,000, The City shr not provide any payments/reimbursements in advance of actual expenditures I the subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to reque payment for program administration costs. Each request for reimbursement shi include documentation to verify expenditure of funds are consistent with tt project description/definition as approved by the City Council. Prior to receivir reimbursement, the City will verify that the Subrecipient has met all applicab regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all cos are samples of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement approved by the City Council and continue until the expiration date, or amend expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earn as a direct result of the use of federal CDBG funds for the program outlined witt this agreement. All reported program income may be retained by the Subrecipic for costs related to the subject program activities. However, the program incorr retained by the Subrecipient, must be expended before additional funds i requested from the City. The requirements are set forth in the federal regulatic Sections 570.504 (c) which are incorporated herein by reference. 2 a W 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear i expenses necessary to provide the subject program as outlined in this agreemer Under this agreement, the City's only financial obligation to the Subrecipient is provide the CDBG funds of $9,000 maximum as allocated by the City Council f program year 1993-94. 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the progra year beginning October 1, 1993 and ending September 30, 1994. The fin progress report is due no later than October 15, 1994. The report must incluc sufficient information to assist the City in monitoring the subrecipien. performance. The subrecipient must demonstrate satisfactory performance pri to reimbursement for expenditures. At a minimum, the performance reports shall include the following information a. Total number of persons/households participating in the program durir reported period; b. Number of low/moderate income persons/households participating in tt program during the reporting period; c. Age and ethnic background of participants; d. Summary of program(s) provided to participants; e. Total number of participants from Carlsbad; The Subrecipient shall maintain separate accounting records for the federal CDE funds provided by the City. The City, Federal Grantor Agency, Comptroll General of the United States, or any of their duly-authorized representatives sh have access to all books, documents, papers and records maintained by tl Subrecipient which directly pertain to the above project for the purpose of auc examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financ records, supporting documents and statistical reports related to the projc identified under this agreement until September 30, 1997. All records subject an audit finding must be retained for three (3) years from the date the finding made or until the finding has been cleared by appropriate officials and tl Subrecipient has been given official written notice. 3 0 W If the Subrecipient shall receive more than $25,000 in total federal funds in 01 fiscal year from the City of Carlsbad and/or any other city or agency, tl subrecipient is required to submit a Single Audit Report. As required by tl Federal Single Audit Act, the Subrecipient shall be required to submit, to the Cii a comprehensive financial audit prepared by an independent, neutral third-pal auditor. The audit shall cover financial operations of the Subrecipient for tl period beginning July 1, 1993 and ending June 30, 1994 and is due not later thi one year after expiration of the agreement. The Subrecipient shall also I required to submit a second audit for the period covered under fiscal ye beginning July 1, 1994 and ending June 30, 1995 for any funds received in fisc year 1994-95 per this agreement. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application ai Subrecipient Agreement and with assurances and agreements made, by the Ci to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrati Requirements as described in Section 570.502 of the federal regulations for tl CDBG Program; the federal requirements are set forth, by reference, as provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal la\ and regulations as described in Subpart K, such as labor standards (Davis Bacc Act), fair housing requirements of the CDBG Program Regulations, except thi a. The Subrecipient will not assume the City’s environmental responsibiliti as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating t review process required under the provisions of Executive Order 123 described at 570.612 of the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use CDBG funds by religious organizations, if applicable to this agreement and t approved project outlined herein. 4 im w 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If tt Subrecipient desires a change in the use of the CDBG funds following approv of this agreement, a written request must be submitted to the City for review I: the Council. No change in use of the CDBG funds will be permitted by the Ci without prior formal approval by the Council. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regardir nondiscrimination in the provision of services and the equal opportuni employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Feder Regulations, this agreement may be suspended or terminated if the subrecipie fails to comply with any term(s) of the award and/or the award is terminated fi convenience. Section 24, Parts 85.43 and 85.44 of the Code of Feder Regulations are set forth, by reference, as provisions of this agreement. IO. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City ar CDBG funds on hand at the time of expiration and any accounts receivab attributable to the use of CDBG funds. The subrecipient shall be required to u: any real property under the subrecipient’s control that was acquired or improve in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 the federal regulations until five (5) years after expiration of the agreemer or, 5 a w b) Disposed of in a manner that results in the City being reimbursed in amount of the current fair market value of the property less any portio the value attributable to expenditures of non-CDBG funds for acquisi. period of time specified in paragraph (a) of this section. or improvement to, the property. Reimbursement is not required after 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabili penalties, fines, or any damage to goods, properties, or effects of any pe whatsoever, nor for personal injuries or death caused by, or claimed to have t: caused by, or resulting from, any intentional or negligent acts, errors or omis of Subrecipient or Subrecipient‘s agents, employees, or representative completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the and its officers and employees against any of the foregoing liabilities or claim any kind and any cost/and expense that is incurred by the City on account of of the foregoing liabilities, including liabilities or claims by reason of all€ defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereul without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11, “I Harmless Agreement,” all terms, conditions, and provisions hereof shall insui and shall bind each of the parties hereto, and each of their respective h executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG fi liability insurance and a combined policy of worker’s compensation and emplo andlor other funds, the Subrecipient shall obtain and maintain policies of ger 6 0 w liability insurance from an insurance company authorized to do business in 1 State of California which meets the requirements of City Council Resolution P 90-96 in an insurable amount of not less than one million dollars ($l,OOO,OC each, unless a lower amount is approved by the City Attorney or the C Manager. This insurance shall be in force during the term of this agreement and shall I be canceled without thirty (30) days prior written notice to the City sent certified mail. The City shall be named as an additional insured on these policies. 1 Subrecipient shall furnish certificates of insurance to the City befc commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to executed as of the day and year first written above. CENTER, a non-profit organization, e State of California ATTEST: - ALETHA L. RAUTENKRANZ, CITY CLERK I - .& (11 47 y. RON BALL, CITY ATTORNEY 7 . 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JOIN HANDS-SAVE A LIFE FOR 1993-94 ! FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 13th day of JANUARY ,1994, by and between the CITY OF CARLSBAD, a municipa corporation, hereinafter referred to as "City", and JdN HANDS-SAVE A LIFE, a non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide basic services related to food shelter, health and clothing to low and moderate income households within Carlsbad and , WHEREAS, the Subrecipient can provide one or more of these basic services fo low and moderate income households with some assistance from the City; and, WHEREAS, the City has received environmental clearance to release the fund! for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenant contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1993-1 994 Community Development Block Grai (CDBG) funds, in the amount of fourteen thousand dollars ($14,000) to th Subrecipient to assist with the costs associated with provision of a youth boxin program for under-priveleged and at-risk youths in Carlsbad through th Subrecipients administrative office located at 3528 Madison Street in Carlsbac California . Every effort shall be made by the subrecipient to expend the allocated funds 1 their entirety by September 30, 1994. If the Subrecipient will be unable to exper all of the funds allocated to the project by the noted date, the subrecipient sh: request an extension from the City for continued use of the funds on the approve 0 0 project. Based on progress made by the subrecipient towards completing th subject project, the City will either agree to grant the extension or notify th Subrecipient that the funds must be reallocated to another eligible project due 1 slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrativ costs related to the provision of services for eligible residentskitizens of Carlsba for the period beginning October 1, 1993 and ending September 30, 1994. Th reimbursements for costs shall not exceed a total of $14,000. The City sh; not provide any payments/reimbursements in advance of actual expenditures t: the subrecipient. The Subrecipient shall submit a "Reimbursement Request" to the City to reque payment for program administration costs. Each request for reimbursement Shi include documentation to verify expenditure of funds are consistent with tt project description/definition as approved by the City Council. Prior to receivir reimbursement, the City will verify that the Subrecipient has met all applicab regulations for the project. Payroll records, receipts, paid invoices including an itemized statement of all cos are samples of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement approved by the City Council and continue until the expiration date, or amendc expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earn( as a direct result of the use of federal CDBG funds for the program outlined witt this agreement. All reported program income may be retained by the Subrecipie for costs related to the subject program activities. However, the program incorr retained by the Subrecipient, must be expended before additional funds a requested from the City. The requirements are set forth in the federal regulatio Sections 570.504 (c) which are incorporated herein by reference. 2 0 0 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear a expenses necessary to provide the subject program as outlined in this agreemen Under this agreement, the City's only financial obligation to the Subrecipient is t provide the CDBG funds of $14,000 maximum as allocated by the City Council fc program year 1993-94. 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the prograr year beginning October 1, 1993 and ending September 30, 1994. The fin; progress report is due no later than October 15, 1994. The report must includ sufficient information to assist the City in monitoring the subrecipient' performance. The subrecipient must demonstrate satisfactory performance pric to reimbursement for expenditures. At a minimum, the performance reports shall include the following information: a. Total number of persons/households participating in the program durin reported period; b. Number of low/moderate income persons/households participating in th program during the reporting period: c. Age and ethnic background of participants; d. Summary of program(s) provided to participants; e. Total number of participants from Carlsbad; The Subrecipient shall maintain separate accounting records for the federal CDBl funds provided by the City. The City, Federal Grantor Agency, Comptrolk General of the United States, or any of their duly-authorized representatives sh; have access to all books, documents, papers and records maintained by th Subrecipient which directly pertain to the above project for the purpose of audi examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all financi, records, supporting documents and statistical reports related to the projer identified under this agreement until September 30, 1997. All records subject 1 made or until the finding has been cleared by appropriate officials and th Subrecipient has been given official written notice. an audit finding must be retained for three (3) years from the date the finding 3 .. 0 If the Subrecipient shall receive more than $25,000 in total federal funds in on fiscal year from the City of Carlsbad and/or any other city or agency, th subrecipient is required to submit a Single Audit Report. As required by th Federal Single Audit Act, the Subrecipient shall be required to submit, to the Cit) a comprehensive financial audit prepared by an independent, neutral third-part auditor. The audit shall cover financial operations of the Subrecipient for th period beginning July 1, 1993 and ending June 30, 1994 and is due not later tha one year after expiration of the agreement. The Subrecipient shall also b required to submit a second audit for the period covered under fiscal ye; beginning July I, 1994 and ending June 30, 1995 for any funds received in fisc; year 1994-95 per this agreement. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application ar Subrecipient Agreement and with assurances and agreements made, by the Cit to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrati\ Requirements as described in Section 570.502 of the federal regulations for tf CDBG Program; the federal requirements are set forth, by reference, as provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal lai and regulations as described in Subpart K, such as labor standards (Davis Bacc Act), fair housing requirements of the CDBG Program Regulations, except th: a. The Subrecipient will not assume the City’s environmental responsibilitil as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating tl review process required under the provisions of Executive Order 123’ described at 570.612 of the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, I reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use CDBG funds by religious organizations, if applicable to this agreement and t approved project outlined herein. 4 0 0 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipient desires a change in the use of the CDBG funds following approva of this agreement, a written request must be submitted to the City for review bb the Council. No change in use of the CDBG funds will be permitted by the Cit) without prior formal approval by the Council. 8. N ON Dl SC RI M I N AT10 N CLAUSE The Subrecipient shall comply with all state and federal laws regardinc nondiscrimination in the provision of services and the equal opportunitL employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federa Regulations, this agreement may be suspended or terminated if the subrecipien fails to comply with any term(s) of the award and/or the award is terminated fo convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federa Regulations are set forth, by reference, as provisions of this agreement. IO. REVERSION OF ASSETS Upon expiration of the agreement, the subrecipient shall transfer to the City an! CDBG funds on hand at the time of expiration and any accounts receivablc attributable to the use of CDBG funds. The subrecipient shall be required to us any real property under the subrecipient's control that was acquired or improve in whole or in part with CDBG funds in excess of $25,000 to either be: a) Used to meet one of the national objectives in 24 CFR Section 570.208 ( the federal regulations until five (5) years after expiration of the agreemen or, 5 0 0 b) Disposed of in a manner that results in the City being reimbursed in thf amount of the current fair market value of the property less any portion o the value attributable to expenditures of non-CDBG funds for acquisition or improvement to, the property. Reimbursement is not required after tht period of time specified in paragraph (a) of this section. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities penalties, fines, or any damage to goods, properties, or effects of any persoi whatsoever, nor for personal injuries or death caused by, or claimed to have beel caused by, or resulting from, any intentional or negligent acts, errors or omissioi of Subrecipient or Subrecipient's agents, employees, or representatives ii completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Cit and its officers and employees against any of the foregoing liabilities or claims c any kind and any costland expense that is incurred by the City on account of an of the foregoing liabilities, including liabilities or claims by reason of allege( defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereundc without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11 , "Hol Harmless Agreement," all terms, conditions, and provisions hereof shall insure t and shall bind each of the parties hereto, and each of their respective heir: executors, administrators, successors, and assigns. 14. INSURANCE If the Subrecipient shall receive more than $5,000 from the City in CDBG fund and/or other funds, the Subrecipient shall obtain and maintain policies of gener; liability insurance and a combined policy of worker's compensation and employe1 6 0 0 liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 90-96 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the day and year first written above. JOIN HANDS - SAVE A LIFE, a non-profit organization, < f the State of California ATTEST: ALETHA e. RAUTENKRANZ, CITY CLER~ AP 0 ED AS TO FORM: RON LR*L BALL, CITY ATTORNEY/// z//q 7 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND GIRLS CLUB OF CARLSBAD FOR 1992-93 and 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this 13th day of .JANUARY , 19%, by and between the CITY OF CARLSBAD, a municipa corporation, hereinafter referred to as "City", and GIRLS CLUB OF CARLSBAD, a non profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide a safe recreational and daycare are: for children of low/moderate income families within Carlsbad; and, WHEREAS, the Subrecipient can provide a safe recreationaVdaycare facility fo WHEREAS, the U.S. Department of Housing and Urban Development ha5 the children of Carlsbad with some assistance from the City; provided the City with environmental clearance to release the funds for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1992-93 and 1993-1 994 Community Developmenl Block Grant (CDBG) funds, in the amount of twenty-five thousand dollars ($25,000) and eighty thousand dollars ($80,000), respectively, to the Subrecipienl to assist with the costs associated with interior improvements for a new 12,750 square foot clubhouse and head start facility to be located at 3368 Eureka Place in Carlsbad, California. The new facility shall include 2400 square foot for a headstart daycare program, a new gym, classrooms, a multi-purpose room, kitchen and restrooms. The City of Carlsbad will fund the interior improvements of the new building, which include but may not be limited to Firesprinkler Service, Electrical Installation and Fixtures, Cabinetwork, Partitions and Accessories, Water Service Hookup, Firesprinkler Service Hookup, Public Improvements related to Electrical Connection(s), and general supervision of the interior improvements. e 0 Every effort shall be made by the subrecipient to expend the allocated funds their entirety by September 30, 1994. If the Subrecipient will be unable to expe all of the funds allocated to the project by the noted date, the subrecipient sh project. Based on progress made by the subrecipient towards completing t subject project, the City will either agree to grant the extension or notify t Subrecipient that the funds must be reallocated to another eligible project due slow project progress. 2. DISBURSEMENT OF FUNDS request an extension from the City for continued use of the funds on the approv The City shall reimburse the Subrecipient with CDBG funds for a portion of tl actual materials and labor expenses associated with the interior improvemer outlined in Paragraph 1 above for the new clubhouse and headstart facility for tl period beginning October 1, 1993 and ending September 30, 1994. TI reimbursements for the interior improvement costs shall not exceed a to1 of $105,000. The City shall not provide any payments/reimbursements in advanl of actual expenditures by the subrecipient. The subrecipient shall be eligible to receive a maximum of $30,000 upc providing proof of eligible expenditures and compliance with applicable lab1 standard regulations. To receive the additional funds, the Subrecipient must me the following conditions: a. Provide proof of a one dollar ($1) for one dollar ($1) match to receive i to a maximum $25,000 in additional construction funds from the City CDBG program; and Provide proof'of a two dollar ($2) for one dollar ($1) match to receive i to a maximum $50,000 in additional construction funds from the City CDBG program. The subrecipient must also provide proof that one doll: ($1) of the two dollars ($2) raised by the subrecipient for match purpose will be deposited into a trust fund to be used for ongoing operations of th Girls Club facility. b. The CDBG funds identified within this agreement may be used for facility interic improvement purposes only. The CDBG funds may not be used for generi administration expenses for operation of the Girls Club facility. The Subrecipient shall submit a "Reimbursement Request" to the City to reque! payment for the interior improvement costs of the facility. Each request fc reimbursement shall include documentation to verify expenditure of funds arl and outlined within this agreement. Prior to receiving reimbursement, the City wi consistent with the project descriptionldefinition as approved by the City Counc 2 * 0 e verify that the Subrecipient has met all applicable labor standards for the proje including payment of federal prevailing wages to employees of the gene contractor, and all subcontractors, for the interior improvements. Payroll records, receipts, paid invoices including an itemized statement of all co: are samples of appropriate methods of reimbursement documentation. Prior reimbursement of the CDBG funds the Subrecipient shall submit verification tt the matching fund obligation has been met and that the trust fund has be established for the funds to be used for operation of the facility. The Subrecipient may request reimbursements anytime after this agreement approved by the City Council and continue until the expiration date, or amend expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earr as a direct result of the use of federal CDBG funds for the interior improveme for the new clubhouse and daycare facility. All reported program income may retained by the Subrecipient for costs related to the interior improvements of * facility. However, the program income, retained by the Subrecipient, must expended before additional funds are requested from the City. The requireme are set forth in the federal regulations Sections 570.504 (c) which i incorporated herein by reference. 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear expenses necessary to complete the interior improvements to the new facility outlined in this agreement. Under this agreement, the City's only financ obligation to the Subrecipient is to provide the CDBG funds of $1 05,000 maxim as allocated by the City Council for program years 1992-93 and 1993-94. 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the progr year beginning October 1, 1993 and ending September 30, 1994. The f progress report is due no later than October 15, 1994. The report must inch sufficient information to assist the City in monitoring the subrecipie performance in completing the interior improvements to the new clubhouse i daycare facility. The subrecipient must demonstrate satisfactory performal prior to reimbursement for expenditures. Also, if the subrecipient continues to provide services to low/moderate inco children while the new facility is being constructed/improved, the subrecipient s 3 0 0 provide the City with "Performance Reports." At a minimum, the perform2 reports shall include the following information regarding utilization of the Girls ( by the children of Iow/moderate income families within Carlsbad: a. b. c. d. e. The Subrecipient shall maintain separate accounting records for the federal CC funds provided by the City. The City, Federal Grantor Agency, Comptrr General of the United States, or any of their duly-authorized representatives z have access to all books, documents, papers and records maintained by Subrecipient which directly pertain to the above project for the purpose of at examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipient shall retain all finan records, supporting documents and statistical reports related to the pro identified under this agreement until September 30, 1997. All records subjec an audit finding must be retained for three (3) years from the date the findin made or until the finding has been cleared by appropriate officials and Subrecipient has been given official written notice. The Subrecipient is required to have a Single Audit Report prepared since it be receiving more than $25,000 in federal funds. As required by the Fed Single Audit Act, the Subrecipient shall be required to submit, to the Cit) comprehensive financial audit prepared by an independent, neutral third-p auditor. The audit shall cover financial operations of the Subrecipient for period beginning July 1, 1993 and ending June 30, 1994 and is due not later t one year after expiration of the agreement. The Subrecipient shall also required to submit a second audit for the period covered under fiscal 1 beginning July 1, 1994 and ending June 30, 1995 for any funds received in fiz year 1994-95 per this agreement. Total number of children participating in programs during reported pe Number of low/moderate income children participating in the prog during the reporting period Age and ethnic background of children Summary of program(s) provided to children Total number of participants form Carlsbad 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City's CDBG Application i Subrecipient Agreement and with assurances and agreements made, by the C to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administra Requirements as described in Section 570.502 of the federal regulations for 4 - 0 0 CDBG Program; the federal requirements are set forth, by reference, a provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal I, and regulations as described in Subpart K, such as labor standards (Davis Bal Act), fair housing requirements of the CDBG Program Regulations, except t a. The Subrecipient will not assume the City’s environmental responsibili as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating review process required under the provisions of Executive Order 12 b. described at 570.612 of the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set forth reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the us( CDBG funds by religious organizations, if applicable to this agreement and approved project outlined herein. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If Subrecipient desires a change in the use of the CDBG funds following apprc of this agreement, a written request must be submitted to the City for reviev the Council. No change in use of the CDBG funds will be permitted by the without prior formal approval by the Council. 7. 8. NON Dl SC RI M I NATl ON CLAUSE The Subrecipient shall comply with all state and federal laws regarc nondiscrimination in the provision of services and the equal opportu employment of personnel. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Fed Regulations, this agreement may be suspended or terminated if the subreciF fails to comply with any term(s) of the award and/or the award is terminatec convenience. Section 24, Parts 85.43 and 85.44 of the Code of Fed Regulations are set forth, by reference, as provisions of this agreement. 9. IO- REVERSION OF ASSETS 5 0 0 Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The subrecipient shall be required to use the property and new facility to be located at 3368 Eureka Place for purpose of providing recreational opportunities and a headstart daycare program for low/moderate income children for a minimum period of five (5) years following expiration of this agreement. If the property is not used for a minimum of five (5) years for the purpose outlined within this agreement or for an alternate purpose which meets one of the national objectives, as approved by the City, the property shall be disposed of in a mannei that results in the City being reimbursed in the amount of the current market valuc of the property less any portion of the value attributable to expenditures of non. CDBG funds for acquisition of, or improvement to, the property. 11. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities penalties, fines, or any damage to goods, properties, or effects of any persor whatsoever, nor for personal injuries or death caused by, or claimed to have beer caused by, or resulting from, any intentional or negligent acts, errors or omissior of Subrecipient or Subrecipient's agents, employees, or representatives ir completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Cit and its officers and employees against any of the foregoing liabilities or claims o any kind and any costland expense that is incurred by the City on account of ani of the foregoing liabilities, including liabilities or claims by reason of allege1 defects in any plans and specifications for the project or facility. 12. ASSIGNMENT OF AGREEMENT The Subrecipient shall not assign this agreement or any monies due thereunde without the prior written consent of the City. 13. SUCCESSORS OR ASSIGNS Subject to the provisions of this Subrecipient Agreement Paragraph 11 , "Hol~ Harmless Agreement," all terms, conditions, and provisions hereof shall insure t and shall bind each of the parties hereto, and each of their respective heir: executors, administrators, successors, and assigns. 14. INSURANCE 6 e 0 The Subrecipient shall obtain and maintain policies of general liability insurance and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 90-96 in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the term of this agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall furnish certificates of insurance to the City before commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to be F executed as of the day and year first written above. CLUB OF CARLSBAD, a non-profit organization, n -ErLEEN OLSON, E- R y5. of the State of California dLA-lJDE A.' ''BQD" LEWIS, MAYM ATTEST: dJ?.zLdpQm- ALETHA L. RAUTENKRANZ, CITY CLERK 1 APP OVED AS TO FORM: RON LaL BALL, CITY ATTORNEY /I/LIv 7