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HomeMy WebLinkAbout1994-02-01; City Council; 12572; APPROVAL OF 1993-94 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSw d LLB 5 IE: 2 < .. z 0 4 5 s z 3 0 0 WY OF CARLSBAD - AGE*A BILL /!y DE PT. CITY A CITY k APPROVAL OF 1993-94 SUBRECIPIENT AB# ’a, 57% TITLE: AGREEMENTS FOR COMMUNITY DEVELOPMENT MTG. A- /- ?Y DE PT..RCR BLOCK GRANT FUNDS RECOMMENDED ACTION: Adopt Resolution No. YCp-38 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). Environmental reviews have been completed for the approved subrecipients. On January 1 1, 1994, the City Council approved seven of the 1993-94 Community Development Block Grant Subrecipient Agreements. As required by federal regulations, staff has completed the required environmental reviews and prepared the following four subrecipients agreements. Agreements with the following organizations are provided for review and approval at this time: 0 0 0 Casa de Amparo 0 Women’s Resource Center Association for Retarded Citizens (Starmakers) Catholic Charities (La Posada de Guadalupe - Facility Improvements) The noted 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. 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. ?Y -38 approving 1993-94 Subrecipient Agreements for federal CDBG funds. 2 - 1993-94 Subrecipient Agreements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 v 0 CITY COUNCIL RESOLUTION NO. 94-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARCSBAD, CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR THE CITE OF CARLSBAD'S 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Carlsbad, California, has considered th, 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 Cornmunit), Development Block Grant Subrecipient Agreements for the followin€ organizations: Association for Retarded Citizens; Casa de Amparo Catholic Charities (facility improvements); and Women's Resourcc Center. The agreements are on file in the City Clerk's Office. PASSED, APPROVED AND ADOPIED by the City Council of the City of That the above recitations are true and correct. Carlsbad, California, on the 1st day of February , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnil, NOES: None ABSTAIN: None ABSENT: None ATIE3T: &Li&* -' e 0 EXHIBIT 2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1993-94 SUBRECIPIENT AGREEMENTS V 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ASSOCIATION FOR RETARDED CITIZENS FOR 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this p day of * corporation, hereinafter referred to as "City'l, and ASSOCIATION FOR RETARDED CITIZENS, a non-profit organization, hereinafter referred to as "Subrecipient". , 19&by and between the CITY OF CARLSBAD, a municipa 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 covenants contained herein, City and Subrecipient agree as follows: I. STATEMENT OF WORK The City has allocated federal 1993-1 994 Community Development Block Gran (CDBG) funds, in the amount of one thousand dollars ($1,000) to the Subrecipien to assist with the costs associated with provision of training in the theatre arts anc the experience of public performance for persons with development disabilitie: from the Subrecipient's administrative office location at 1221 Ridge Road in Vista California. Every effort shall be made by the subrecipient to expend the allocated funds ir their entirety by September 30, 1994. If the Subrecipient will be unable to expenc all of the funds allocated to the project by the noted date, the subrecipient shal request an extension from the City for continued use of the funds on the approvec t 0 project. Based on progress made by the subrecipient towards completing thc subject project, the City will either agree to grant the extension or notify thc Subrecipient that the funds must be reallocated to another eligible project due tc slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrativl costs related to the provision of services for eligible residentskitizens of Carlsbal for the period beginning October 1 , 1993 and ending September 30, 1994. Thl reimbursements for costs shall not exceed a total of $1,000. 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 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 cost are samples of appropriate methods of reimbursement documentation. The Subrecipient may request reimbursements anytime after this agreement i approved by the City Council and continue until the expiration date, or amende expiration date, of this agreement. . project descriptionldefinition as approved by the City Council, Prior to receivin 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earne as a direct result of the use of federal CDBG funds for the program outlined withi this agreement. Ail reported program income may be retained by the Subrecipiei for costs related to the subject program activities. However, the program incomc retained by the Subrecipient, must be expended before additional funds ai requested from the City. The requirements are set forth in the federal regulatior Sections 570.504 (c) which are incorporated herein by reference. 2 w e 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 $1,000 maximum as allocated by the City Council fi 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 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 CDB funds provided by the City. The City, Federal Grantor Agency, Comptrollc have access to all books, documents, papers and records maintained by tt- Subrecipient which directly pertain to the above project for the purpose of audi examination, excerpts and transcriptions. Unless othenrvise notified by the City, the Subrecipient shall retain all financii records, supporting documents and statistical reports related to the projec identified under this agreement until September 30, 1997. All records subject 1 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 th Subrecipient has been given official written notice. General of the United States, or any of their duly-authorized representatives sh: 3 0 Q 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, tk subrecipient is required to submit a Single Audit Report. As required by tt 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 thz 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 an 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 Administratib Requirements as described in Section 570.502 of the federal regulations for th 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 law and regulations as described in Subpart K, such as labor standards (Davis Baco Act), fair housing requirements of the CDBG Program Regulations, except tha a. The Subrecipient will not assume the City’s environmental responsibilitie as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating th review process required under the provisions of Executive Order 1237 described at 570.612 of the Code of Federal Regulations. b. The provisions of Subpart K, of the CDBG Program Regulations, are set forth, t reference, as a condition of this agreement. The subrecipient shall comply with all federal regulations related to the use c CDBG funds by religious organizations, if applicable to this agreement and th approved project outlined herein. 4 0 rn 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If th Subrecipient desires a change in the use of the CDBG funds following approvi the Council. No change in use of the CDBG funds will be permitted by the Cii without prior formal approval by the Council. of this agreement, a written request must be submitted to the City for review 11 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regardin nondiscrimination in the provision of services and the equal opportunii employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federi Regulations, this agreement may be suspended or terminated if the subrecipier fails to comply with any term(s) of the award and/or the award is terminated fc 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 receivabll attributable to the use of CDBG funds. The subrecipient shall be required to us1 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 natioaal objectives in 24 CFR Section 570.208 c the federal regulations until five (5) years after expiration of the agreemeni or, 5 0 0 b) Disposed of in a manner that results in the City being reimbursed 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 acquisitioi 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 Cii and its officers and employees against any of the foregoing liabilities or claims ( of the foregoing liabilities, including liabilities or claims by reason of allege defects in any plans and specifications for the project or facility. any kind and any costland expense that is incurred by the City on account of a! 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 func and/or other funds, the Subrecipient shall obtain and maintain policies of gener liability insurance and a combined policy of worker's compensation and employe1 6 w liability insurance from an insurance company authorized to do business in th State of California which meets the requirements of City Council Resolution Ni 90-96 in an insurable amount of not less than one million dollars ($1,000,001 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 t certified mail. The City shall be named as an additional insured on these policies. Tt Subrecipient shall furnish certificates of insurance to the City befo commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to t executed as of the day and year first written above. ETARDED CITIZENS, a non-profit organization, Ph.D., Executive D f the State of California ATTEST: A ALETHA L. RAUTENKRANZ, CITY CLERK I APPROVED AS TO FORM: z a R. faQee RON BALL, CITY ATTORNEYw %/7q 7 0 w AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this p day of %, corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES, a non-profit organization, hereinafter referred to as "Subrecipient". , 1 &by and between the CITY OF CARLSBAD, a municip: 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 service for low and moderate income households with some assistance from the City; anc WHEREAS, the City has received environmental clearance to release the func for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenanl 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 thirty thousand dollars ($30,000) to tt Subrecipient to assist with the costs directly associated with the capit improvements (i.e. development costs or modular building expenses) of the 1 Posada De Guadalupe homeless shelter (50 beds) located at 2472-2476 lmpa Drive in Carlsbad. 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 expend all of the funds allocated to the project by the noted date, tl subrecipient shall request an extension from the City for continued use of tl ” 0 0 funds on the approved project. Based on progress made by the subrecipien towards completing the subject project, the City will either agree to grant thc another eligible project due to slow project progress. extension or notify the Subrecipient that the funds must be reallocated tr 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for capit: improvement costs related to the development or improvement of the La Posad De Guadalupe homeless shelter for the period beginning October 1, 1993 an ending September 30, 1994. The reimbursements for costs shall not excee a total of $30,000. The City shall not provide any payments/reimbursement in advance of actual expenditures by the subrecipient. The Subrecipient shall submit a “Reimbursement Request” to the City to reques payment for capital improvement 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 a costs 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, earne as a direct result of the use of federal CDBG funds for the program outline within this agreement. All reported program income may be retained by tt Subrecipient for costs related to the subject program activities. However, tt program income, retained by the Subrecipient, must be expended befo additional funds are requested from the City. The requirements are set forth the federal regulations Sections 570.504 (c) which are incorporated herein k reference. 2 0 0 4. LABOR, MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear al expenses neGessary to complete the development or improvement of the facilitl as outlined in this agreement. Under this agreement, the City's only financia obligation to the Subrecipient is to provide the CDBG funds of $30,00( maximum as allocated by the City Council for 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 performanc prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following informatior 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 federi CDBG funds provided by the City. The City, Federal Grantor AgencJ Comptroller General of the United States, or any of their duly-authorize representatives shall have access to all books, documents, papers and record maintained by the Subrecipient which directly pertain to the above project fc the purpose of audit, examination, excerpts and transcriptions. Unless otherwise notified by the City, the Subrecipierit shall retain all financi records, supporting documents and statistical reports related to the projec identified under this agreement until September 30, 1997. All records subjec to an audit finding must be retained for three (3) years from the date the findir is made or until the finding has been cleared by appropriate officials and tt Subrecipient has been given official written notice. 3 0 0 The Subrecipient is required to have a Single Audit Report prepared since it will be receiving more than $25,000 in total federal funds in one fiscal year from the City of Carlsbad. As required by the Federal Single Audit Act, the Subrecipient shall be required to submit, to the City, a comprehensive financial audit prepared by an independent, neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the period beginning July 1, 1993 and ending June 30, 1994 and is due not later than one year after expiration of the agreement. The Subrecipient shall also be required to submil a second audit for the period covered under fiscal year beginning July 1, 1994 and ending June 30, 1995 for any funds received in fiscal year 1994-95 pel this agreement. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application anc Subrecipient Agreement and with assurances and agreements made, by thc City, to the United States Department of Housing and Urban Development. The Subrecipient shall comply with applicable Uniform Administrativi Requirements as described in Section 570.502 of the federal regulations for thl CDBG Program; the federal requirements are set forth, by reference, as l provision of this agreement. The Subrecipient shall carry out all activities in compliance with all Federal law and regulations as described in Subpart K, such as labor standards (Davis Baco Act), fair housing requirements of the CDBG Program Regulations, except tha a. The Subrecipient will not assume the City’s environmental responsibilitk as described in Section 570.604; and b. The Subrecipient will not assume the City’s responsibility for initiatin the review process required under the provisions of Executive Ordf 12372 described at 570.61 2 of the Code of Federal Regulations. The provisions of Subpart K, of the CDBG Program Regulations, are set fort1 by 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 tl approved project outlined herein. 4 0 e 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If thc 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 by the Council. No change in use of the CDBG funds will be permitted by thf City without prior formal approval by the Council. 8. NON Dl SCRl MI NATION 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 Feder: Regulations, this agreement may be suspended or terminated if the subrecipier fails to comply with any term(s) of the award and/or the award is terminate for 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. 10. 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 ur any real property under the subrecipient’s control that was acquired I improved in whole or in part with CDBG funds in excess of $25,000 to eithi be: a) Used to meet one of the national objectives in 24 CFR Section 570.2C of the federal regulations until five (5) years after expiration of tt agreement; or, 5 0 0 b) Dismsed 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 portior of the value attributable to expenditures of non-CDBG funds fo acquisition, or improvement to, the property. Reimbursement is no required after the 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 havc been caused by, or resulting from, any intentional or negligent acts, errors o omission of Subrecipient or Subrecipient's agents, employees, o representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Citi and its officers and employees against any of the foregoing liabilities or claim of any kind and any cost/and expense that is incurred by the City on accoun of any of the foregoing liabilities, including liabilities or claims by reason a alleged 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 insui to and shall bind each of the parties hereto, and each of their respective heir: executors, administrators, successors, and assigns. 14. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insurant and a combined policy of worker's compensation and employers liabili. insurance from an insurance company authorized to do business in the State 1 6 0 0 California which meets the requirements of City Council Resolution No. 90-9C 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 no certified mail. The City shall be named as an additional insured on these policies. Thi Subrecipient shall furnish certificates of insurance to the City befor commencement of work. be canceled without thirty (30) days prior written notice to the City sent bl IN WITNESS WHEREOF the parties hereto have caused this agreement to b executed as of the day and year first written above. CATHOLIC CHARITIES, a non-profit organization, ,fh M the State of California ATTEST: &JiLu! 62bumLL ALETHA L. RAUTENKRANZ, CITY CLERK \ APPROVED AS TO FORM: 1 PR. L. RONFALL, CITY ATTORNEY aJq9 cf 7 0 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND CASA DE AMPARO FOR 1993-94 THIS AGREEMENT, made and entered into as of this F day of d%y , Adby and between the CITY OF CARLSBAD, a municip; corporation, hereinafter referred to as "City", and CASA DE AMPARO, a non-prof organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide a healthy and safe shelter fi children who have been abused, neglected, or abandoned; and, WHEREAS, the Subrecipient can provide a healthy and safe shelter for childrc who have been abused, neglected, or abandoned with some assistance from the Cit WHEREAS, the U.S. Department of Housing and Urban Development hi provided the City with environmental clearance to release the funds 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 Subrecipi( to assist with the costs associated with refurbishment of the Subrecipient faci located at 4070 Mission Road in San Luis Rey, 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 st request an extension from the City for continued use of the funds on the appro\ project. Based on progress made by the Subrecipient towards completing i subject project, the City will either agree to grant the extension or notify ' Subrecipient that the funds must be reallocated to another eligible project due slow project progress. 0 0 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for a portion of the actual costs of furnishings and other personal property associated with refurbishment of the subject facilities for the period beginning October 1, 1993 and ending September 30, 1994. The reimbursements for costs shall nor exceed a total of $5,000. The City shall not provide an) payments/reimbursements in advance of actual expenditures by the Subrecipient. The CDBG funds identified within this agreement may be used for faciliti administration expenses. The Subrecipient shall submit a "Reimbursement Request" to the City to reques payment for the refurbishment costs of the facility. Each request fa reimbursement shall include documentation to verify expenditure of funds ar consistent with the project description/definition as approved by the Cit Council. Prior to receiving reimbursement, the City will verify that th Subrecipient has met all applicable regulations for the project. Payroll records, receipts and paid invoices, including an itemized statement c all costs, are samples of appropriate methods of reimbursement documentatior 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. refurbishment purposes only, The CDBG funds may not be used for generz 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 refurbishment of tt facilities. All reported program income may be retained by the Subrecipient fc costs related to refurbishment of the facility. 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 fedei regulations Sections 570.504 (c) which are incorporated herein by referem 2 0 0 4. LABOR. MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear all expenses necessary to complete the refurbishment of the facilities as outlined in this agreement. Under this agreement, the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maximum as allocated by the City Council for program year 1993-94, 5. RECORDS AND REPORTS The Subrecipient shall submit quarterly "Progress Reports" during the progran year beginning October 1, 1993 and ending September 30, 1994. The fina progress report is due no later than October 15, 1994. The report must includc sufficient information to assist the City in monitoring the Subrecipient'! performance in refurbishing the facility. The Subrecipient must dernonstratc satisfactory performance prior to reimbursement for expenditures. At a minimum, the performance reports shall include the following informatioi regarding shelter and counseling services for abused, neglected or abandonec children of low/moderate income families: a. b. c. d. e. The Subrecipient shall maintain separate accounting records for the feder4 CDBG funds provided by the City. The City, Federal Grantor Agenc! Comptroller General of the United States, or any of their duly-authorize represe@t8tives shall have access to all books, documents, papers and recorc maint-d by the Subrecipient which directly pertain to the above project fc the pwfmse of audit, examination, excerpts and transcriptions. UflleSS otherwise notified by the City, the Subrecipient shall retain all financ records, supporting documents and statistical reports related to the proje identified under this agreement until September 30, 1997. All records subje to an audit finding must be retained for three (3) years from the date the findii is made or until the finding has been cleared by appropriate officials and ti Subrecipient has been given official written notice. Total number of children provided shelter and counseling services durin reported period Number of low/moderate income children provided shelter and counselin services during the reporting period Age and ethnic background of children Summary of service(s) provided to children Total number of participants from Carlsbad 3 0 0 If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal year from the City of Carlsbad and/or any other city or agency, the Subrecipient is required to prepare and submit to the City a Single Audit Report As required by the Federal Single Audit Act, the Subrecipient shall be required tc submit, to the City, a comprehensive financial audit prepared by an independent neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for the period beginning July 1, 1993 and ending June 30, 1994 anc is due not later than one year after expiration of the agreement. The Subrecipien shall also be required to submit a second audit for the period covered under fisca year beginning July 1, 1994 and ending June 30, 1995 for any funds received ir fiscal year 1994-95 per this agreement. 6. PROGRAM REQUIREMENTS The Subrecipient shall adhere to the terms of the City’s CDBG Application an 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 Administrativ Requirements as described in Section 570.502 of the federal regulations for th 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 lav and regulations as described in Subpart K, such as labor standards (Davis Bacc Act), fair housing requirements of the CDBG Program Regulations, except thz a. The Subrecipient will not assume the City’s environmental responsibilitic 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. ns of Subpart K, of the CDBG Program Regulations, are set forth, I s 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 1 approved project outlined herein. 4 0 0 7. CHANGFS IN USE OF FUNDS the use of CDBG funds must be approved by the City Council. If tht 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 by the Council. No change in use of the CDBG funds will be permitted by tht City without prior formal approval by the Council. 8. NONDISCRIMINATION CLAUSE The Subrecipient shall comply with all state and federal laws regardini nondiscrimination in the provision of services and the equal opportuniti employment of personnel. 9. SUSPENSION AND TERMINATION OF AGREEMENT In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federi Regulations, this agreement may be suspended or terminated if the Subrecipier fails to comply with any term(s) of the award and/or the award is terminate for convenience. Section 24, Parts 85.43 and 85.44 of the Code of Federi Regulations are set forth, by reference, as provisions of this agreement. 10. 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 u! gs or other personal property, purchased in excess of $5,000 p purpose of providing shelter and counseling services for abuse or abandoned low/moderate income children at the Subrecipie a) For a minimum period of five (5) years following expiration of tt agreement. 5 b I a 0 b) If the item 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 item shall be disposed of in a manner that results in the City being reimbursed in the amount of the current market value of the item less any portion of the value attributable to expenditures of non-CDBG funds for acquisition or improvement to the item. Reimbursement is not required after the 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 persor whatsoever, nor for personal injuries or death caused by, or claimed to haw been caused by, or resulting from, any intentional or negligent acts, errors o omission of Subrecipient or Subrecipient's agents, employees, o representatives in completion of the project outlined in this agreement. Subrecipient agrees to defend, indemnify, and save free and harmless the Cin and its officers and employees against any of the foregoing liabilities or claim: of any kind and any cost/and expense that is incurred by the City on accoun of any of the foregoing liabilities, including liabilities or claims by reason o alleged 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 thereundt without the prior written consent of the City. 13. SUCCWORS OR ASSIG NS -> ,- 1.- Subjectto the provisions of this Subrecipient Agreement Paragraph 1 1, "Hol Harmless Agreement," all terms, conditions, and provisions hereof shall insu to and shall bind each of the parties hereto, and each of their respective heir executors, administrators, successors, and assigns. 6 1 0 0 14. INSURANCE The Subrecipient shall obtain and maintain policies of general liability insurano and a combined policy of worker’s compensation and employers liabilit insurance from an insurance company authorized to do business in the State a California which meets the requirements of City Council Resolution No. 90-91 in an insurable amount of not less than one million dollars ($1,000,000) eact- unless a lower amount is approved by the City Attorney or the City Manage1 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. CASA DE AMPARO, a non-profit organization, n of the State of California ATTEST: ALETHA L. RAUTENKRANZ, CITY CLERK 1 APPROVED AS TO FORM: - A2 Q. L RON BALL, CITY ATTORNEY d~ 3py 7 8 0 0 + AGREEMENT BETWEEN THE CITY OF CARLSBAD AND WOMEN'S RESOURCE CENTER FOR 1993-94 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into as of this * day of ,19&y and between the CITY OF CARLSBAD, a municip< einafter referred to as "City", and WOMEN'S RESOURCE CENTER, i non-profit organization, hereinafter referred to as "Subrecipient". RECITALS WHEREAS, the City has the need to provide basic services related to foo shelter, health and clothing to low and moderate income households within Carlsba and I low and moderate income households with some assistance from the City; and, WHEREAS, the Subrecipient can provide one or more of these basic services 1 WHEREAS, the City has received environmental clearance to release the fun for this project; NOW, THEREFORE, in consideration of these recitals and the mutual covenar contained herein, City and Subrecipient agree as follows: 1. STATEMENT OF WORK The City has allocated federal 1993-1 994 Community Development Block Gri (CDBG) funds, in the amount of ten thousand dollars ($10,000) to i Subrecipient to assist with the costs associated with provision of services Carlsbad families threatened or victimized by domestic violence, sexual assi and homelessness through the Subrecipient's administrative office located at 3: Mission Avenue, Suite 11 I in Oceanside, California. Every effort shall be made by the subrecipient to expend the allocated fund: their entirety by September 30, 1994. If the Subrecipient will be unable to expc all of the funds allocated to the project by the noted date, the subrecipient SI I 0 e d request an extension from the City for continued use of the funds on the approve( project. Based on progress made by the subrecipient towards completing thc subject project, the City will either agree to grant the extension or notify tht Subrecipient that the funds must be reallocated to another eligible project due tc slow project progress. 2. DISBURSEMENT OF FUNDS The City shall reimburse the Subrecipient with CDBG funds for administrativl costs related to the provision of services for eligible residentdcitizens of Carlsbal for the period beginning October 1, 1993 and ending September 30, 1994. Th reimbursements for costs shall not exceed a total of $10,000. 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 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 amendc expiration date, of this agreement. 3. PROGRAM INCOME The Subrecipient shall report, to the City, any interest, or other income, earn1 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 Subrecipk for costs related to the subject program activities. However, the program incorr retained by the Subrecipient, must be expended before additional funds E requested from the City. The requirements are set forth in the federal regulatio Sections 570.504 (c) which are incorporated herein by reference. 2 * 0 0 4. LABOR. MATERIALS AND SUPPLIES: The Subrecipient shall furnish all labor, materials and services and bear a expenses necessary to provide the subject program as outlined in this agreemen Under this agreement, the City's only financial obligation to the Subrecipient is t provide the CDBG funds of $10,000 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 incluc sufficient information to assist the City in monitoring the subrecipient performance. The subrecipient must demonstrate satisfactory performance prii 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; Summary of program(s) provided to participants; Total number of participants from Carlsbad; d. e. The Subrecipient shall maintain separate accounting records for the federal CDB funds provided by the City. The City, Federal Grantor Agency, Comptroll General of the United States, or any of their duly-authorized representatives shl 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 1 Subrecipient has been given official written notice. 3 0 0 If the Subrecipient shall receive more than $25,000 in total federal funds in onc fiscal year from the City of Carlsbad and/or any other city or agency, thc subrecipient is required to submit a Single Audit Report. As required by thc Federal Single Audit Act, the Subrecipient shall be required to submit, to the Cib 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 yez 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 an 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 Administrativ Requirements as described in Section 570.502 of the federal regulations for th 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 lav and regulations as described in Subpart K, such as labor standards (Davis Bacc Act), fair housing requirements of the CDBG Program Regulations, except ths a. The Subrecipient will not assume the City’s environmental responsibilitit as described in Section 570.604; and The Subrecipient will not assume the City’s responsibility for initiating tt 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 ti approved project outlined herein. 4 1 m e 1 7. CHANGES IN USE OF FUNDS Changes in the use of CDBG funds must be approved by the City Council. If th Subrecipient desires a change in the use of the CDBG funds following approvi of this agreement, a written request must be submitted to the City for review k the Council. No change in use of the CDBG funds will be permitted by the Cii 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 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 fc 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 ai 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 improvc in whole or in part with CDBG funds in excess of $25,000 ta 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 agreemei or, 5 1 0 e * b) Disposed of in a manner that results in the City being reimbursed in th amount of the current fair market value of the property less any portion c 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. 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 completian 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 cost/and 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 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 fur and/or other funds, the Subrecipient shall obtain and maintain policies of gene liability insurance and a combined policy of worker's compensation and employc 6 L 0 @ 1. w liability insurance from an insurance company authorized to do business in tt- 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 ($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 t certified mail. The City shall be named as an additional insured on these policies. Tt Subrecipient shall furnish certificates of insurance to the City befo commencement of work. IN WITNESS WHEREOF the parties hereto have caused this agreement to t executed as of the day and year first written above. WOMEN’S RESOURCE CENTER, a non-profit organization, wm&eL ATTEST: ALETHA L. RAUTENKRANZ, CITY CLER~ ED AS TO FORM: G1. & RON BALL, CITY ATTORNEY aJjw* 7