HomeMy WebLinkAbout1994-01-11; City Council; 12531; 1993-94 Subrecipient Agmts for CDBGs---
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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
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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
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1993-94 SUBRECIPIENT AGREEMENTS
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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
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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
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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
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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.
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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)
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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.
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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
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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.
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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.
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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
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'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
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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
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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.
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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
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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
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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
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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
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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:
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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.
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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
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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
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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
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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
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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 $5,000 from the City in CDBG fi
liability insurance and a combined policy of worker’s compensation and emplo
andlor other funds, the Subrecipient shall obtain and maintain policies of ger
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liability insurance from an insurance company authorized to do business in 1
State of California which meets the requirements of City Council Resolution P
90-96 in an insurable amount of not less than one million dollars ($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
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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
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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.
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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
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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.
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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,
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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
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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
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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
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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
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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
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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
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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
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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