HomeMy WebLinkAbout1994-07-19; City Council; 12784; APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS\~
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TITLE:
BLOCK GRANT FUNDS DEPT. e'h
APPROVAL OF 1994-95 SUBRECIPIENT
AGREEMENTS FOR C0"UNITY DEVELOPMENT
DEF
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RECOMMENDED ACTION:
Adopt Resolution No. 9Y-$0%0 approve 1994-95 Subrecipient Agreements for federal
Community Development Block Grant Funds.
ITEM EXPLANATION.
On May 3, 1994, the City Council selected the organizations to receive federal Communit
Development Block Grant (CDBG) Entitlement funding for the 1994-95 program year. PI
environmental reviews and execute a written agreement for the various approved project(s
to disbursing CDBa funding for the subrecipients, the City must complete the appropriate
As required by federal regulations, staff has completed the required environmental review
and prepared the following seven subrecipient agreements. Agreements with the followin,
organizations are provided for review and approval at this time:
0 Carlsbad Care Crew
0 Senior Adult Services
0 Catholic Charities (Good Samaritan House)
0 Catholic Charities (La Posada de Guadalupe)
0 Community Resource Center
0 Carlsbad Hiring Center
0 EYE Counseling and Crisis Services Vamily Recovery Program)
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.
I FISCAL IMPACT:
No fiscal impact on the General Fund. All of the above projects will be funded through 1
federal CDBG program.
I EXHIBITS:
1 - Resolution No. W*2-0 <pproving 1994-95 Subrecipient Agreements for federal C:
funds.
2 - 1994-95 Subrecipient Agreements.
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/I CITY COUNCIL RESOLUTION NO. 94-205 1
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A RESOLUTION OF THE CITY COUNCIL 0F.THE CITY OF CARLSBAI CALIFORNIA, APPROVING SUBRECIPIENT AGREEMENTS FOR T€ CITY OF CARLSBAD'S 1994-95 FEDERAL COMMUNITY DEVELOPMEI
BLOCK GRANT PROGRAM
5 11 WHEREAS, the City Council of the City of Carlsbad, Cali
6 ll selected programs to receive .funding under the City's 7 11 Community Development Block Grant Program on May 3 I 1994; 8
9 - ll WHEREAS, the City Council of the City of Carlsbad, Cali
(1 has considered the required subrecipient agreements for 10
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Cornunity Development Block Grant funds; and
WHER~A~~ the City Council has taken all testimol
account.
NOW8 THEREFORE8 BE IT RESOLVED as follows:
1. That the above recitations are true and co:
2. That the City Council has approved the
Community Development Block Grant Sub
Agreements for the following organi Carlsbad Care Crew; Senior Adult Services: Charities (Good Samaritan House);
Charities (La Posada de Guadalupe): C
Resource Center; Carlsbad Hiring Center:
EYE Counseling and Crisis Services (Family
Program) . The agreements are on file in
Clerk' s Off ice.
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ll PASSED, APPROVED AND ADOPTED by the City Council of th ~
I// of .Carlsbad, California, on the 19th day of JULY , 1s 2
3 the following vote, to wit:
4 AYES: Council Members Lewis, Stanton, Kulchin, NYgaardt 1
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NOES : None
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i bLAfJDE / (LbJ! A. LEWIS, lQJL Mayor
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ATTEST :
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15 ALETHA L. RAUTENKRANZ, City Clbrk
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EXHIBIT 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRA
1994-95 SUBRECIPIENT AGREEMENTS
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND COUNTY OF SAN DIEGO,
DEPARTMENT OF HEALT"ENTAL HEALTH SERVICES
1994-95 FEDERAL C0"UNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 26th day of
JULY , 1994, by and between the CITY OF CARLSBAD, a munici
corporation, hereinafter referred to as "City", and COUNTY OF SAN DIEGO, DEPARTMENT I
HEAL'IWMENTAL HEALTH SERVICE§, a public corporation, hereinafter referred to
"Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, health
clothing to low and moderate income households within Carlsbad;
WHEREAS, the City has the need to provide services which directly benefit children,
elderly, disabled persons and the homeless;
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households with some assistance from the City;
WHEREAS, the Subrecipient can provide services which directly benefit the elderly an(
disabled with some assistance from the City; and,
-&AS, the City has received environmental clearance to release the funds for this prc
NOW, THEREFORE, in consideration of these recitals and the mutual covenants cont;
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fi
in the amount of five thousand dollars ($5,000) to the Subrecipient to assist with the
associated with the Carlsbad Care Crew Program, which provides home improvemen.
personal assistance to low-income senior citizens to promote independent living and em
. North Coastal County Mental Health clients to provide such services, through the Subrecip
administrative office located at 2775 Carlsbad Boulevard in Carlsbad, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entirc June 30, 1995, If the Subrecipient will be unable to expend all of the funds allocated
project by the noted date, the subrecipient shall request an extension from the City for con1
use of the funds on the approved project. Based on progress made by the subrecipient to
completing the subject project, the City will either agree to grant the extension or noti
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Subrecipient that the funds must be reallocated to another eligible project due to slow projt progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related
the provision of services for eligible residentskithens of Carlsbad for the period beginning JI
1, 1994 and ending June 30, 1995. The reimbursements for costs shall not exceed a total
$5,000. The City shall not provide any payments/reimbursements in advance of am
expenditures by the subrecipient. (F'unding is contingent upon the City receiving '&mmun
Development Block Grantfurds fiom HUD).
The Subrecipient shall submit .a "Reimbursement Request" to the City to request payment
program administration costs. Each request for reimbursement shall include documentatio1
verify expenditure of funds are consistent with the project descriptionldefinition as approved the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipient
met all applicable regulations for the project.
. . Payroll records, receipts, paid invoices including an itemized statement of all costs are saml
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by
City Council and continue' until the expiration date, or amended expiration date, of
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct rf
of the use of federal CDBG funds for the program outlined within this agreement. All repa
program income may be retained by the Subrecipient for costs related to the subject prog
activities. However, the program income, retained by the Subrecipient, must be expended be
additional funds are requested from the City. The requirements are set forth in the fa
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR. MATERIALS AND SUPPLIES;
The Subrecipient shall furnish all labor; materials and services and bear all expenses neca
to provide the subject program as outlined in this agreement. Under this agreement, the C
only finaacial obligation to the Subrecipient is to provide the CDBG funds of $5,000 maxi
as allocated by the City Council for program year 1994-95.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in mainta
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informatic
a. Documentation of the income level and/or age of persons and/or households particil
in or 'beiefitting from the Subrecipient's program;
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b. Documentation of the number of persons and/or households participating in the
c. Documentation of all CDBG funds received from the City;
d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginn
July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end of e;
quarter. The final progress report is due no later than July 15, 1995. The report must inch
sufficient information to assist the City in monitoring the subrecipient's performance. '
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditur
benefitting from the Subrecipient's program;
The Subrecipient shall maintain separate accounting records for the federal CDBG funds provil
by the City. The City, Federal Grantor Agency,, Comptroller General of the United States,
any of their duly-authorized representatives shall have access to all books, documents, papers
records maintained by the Subrecipient which directly pertain to the above project for the purp
of audit, examination, excerpts and transcriptions.
Unless .otherwise. notified by the City, the Subrecipient shall retain all financial reco
supporting documents and statistical reports related to the project identified under this agreeL
until June 30, 1998. All records subject to an audit finding must be retained for three (3) y
from the date the finding is made or until the finding has been cleared by appropriate offit
and the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal from the City of Carlsbad and/or any other city or agency, the subrecipient is required to sul
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shal
required to submit, to the City, a comprehensive financial audit prepared by an independ
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient fol
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one year ~
expiration of the agreement. The Subrecipient shall also be required to submit a second audi
the period covered under. fiscal year beginning July 1, 1995 and ending June 30, 1996 for
funds received in fiscal year 1995-96 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City's CDBG Application and Subreci
Agreement and with assurances and agreements made, by the City, to the United $
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as desc
in Section 570.502 of the federal regulations for the CDBG Program; the federal require1
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and reguli
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing require1
of the CDBG Program Regulations, except that:
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. a. The Subrecipient will not assume the City's environmental responsibilities as descril
in Section 570.604; and
b. The Subrecipient will not assume the City's responsibility for initiating the revi
process required under the provisions of Executive Order 12372 described at 570.612
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG funds
religious organizations, if applicable to this agreement and the approved project outlined her1
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecip
desires a change in the use of the CDBG funds following approval of this agreement, a wri
request must be submitted to the City for review by the Council. No change in use of the CC
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations,
agreement may be suspended or terminated if the subrecipient fails to comply with any ten of the award andlor the award is terminated for convenience. Section 24, Parts 85.43 and 8:
of the Code of Federal Regulations are set forth, by reference, as provisions' of this agreem
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG fi
on hand at the time of expiration and any accounts receivable attributable to the use of CI
funds. The subrecipient shall be required to use any real property under the subrecipic
control that was acquired or improved in whole or in part with CDBG funds in excess of $25
to either be:
a) Usedto meet one of the national objectives in 24 CFR Section~570.208 of the fa
regulations until five (5) years after expiration of the agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount a
current fair market value of the property less any portion of the value attributab
expenditures of non-CDBG funds for acquisition, or improvement to, the prop
Reimbursement is not rwuired after. the period of time specified in paragraph (a) O
section.
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L 11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penal1
fines, ormy damage to goods, properties, or effects of any person whatsoever, nor for persc
injuries or death caused by, or claimed to have been caused by, or resulting from, any intentic
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers
employees against any of the foregoing liabilities or claims of any kind and any cosdand exp
that is incurred by the City on account of any of the foregoing liabilities, including liabilitie
claims by reason of alleged defects in any plans and specifications for the project or faciliq
12. ASSKGNMEN" OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the L
written consent of the City.
13. CCESSORS OR ASSIGNS
Subject to the. provisions of this Subrecipient Agreement Paragraph 11, "Hold Harm
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind eac
the, parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
14, SURANCE
If the Subrecipient shalP receive more than $5,000 from the City in CDBG funds and/or c
funds, the Subrecipient shall obtain and maintain policies of general liability insurance a;
combined policy of worker's compensation and employers liability insurance from an insur
company authorized to do business in the State of California which meets the requiremenl
City Council Resolution No. 90-96 in an insurable amount of not less than one million do
($1 ,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Man2
This insurance shall be in force during the term of this agreement and shall not be canc
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 fur
certificates of insurance to the City before commencement of work.
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- IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed ;
the day and year first written above.
COUNTY OF SAN DIEGO, DEPARTMENT OF HEAL"ENTAL HEALTH SERVICE
public corporation,
hx=Jn&Q-
ATTESG:
& a LdJ-, ALETHA L. RAUTENKRANZ, CITY CLERK
APPROVED As TO FORM: 9" /L4 / PC CY?
ON dhL, CITY ATTORNEY
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND SENIOR ADULT SERVICES FOR
1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 26th day of
JULY , 1994, by and between the CITY OF CARLSBAD, a munil
corporation, hereinafter referred to as "City", and SENIOR ADULT SERVICES, a non- p
organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, healtk
clothing to low and moderate income households within Carlsbad; and, I
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households with some assistance from the City; and,
WHEREAS, the City has received environmental clearance to release the funds for ,this pro
NOW, THEREFORE, in consideration of these recitals and the mutual covenants conta
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fu
in the amount of five thousand dollars ($5,000) to the Subrecipient to assist with the (
associated with provision of a Meals-on-Wheels program for senior citizens and the disa
within the city limits of Carlsbad, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire!
. June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated ta
project by the noted date, the subrecipient shall request an extension from the City for conti]
use of the funds on the approved project. Based on progress made by the subrecipient tow
completing the subject project, the City will either agree to grant the extension or notif4
Subrecipient that the funds must be reallocated to another eligible project due to slow prc
progress.
' 2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relate
the operation of the Meals-On-Wheels program for eligible residents of Carlsbad for the pe
beginning July 1, 1994 and ending June 30, 1995. The reimbursements for costs shall
exceed.a total of $5,000. The City shall not provide any payments/reimbursements in adv,
of actual expenditures by the subrecipient. (Funding is contingent upon the City recei
Communi0 Development Block Grant funds from HUD).
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The Subrecipient shall submit a "Reimbursement Request" to the City to request payment
program administration costs. Each request for reimbursement shall include documentatio~
verify expenditure of funds are consistent with the project description/definition as approva
the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipient
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are sam
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by
City Council and continue until the expiration date, or amended expiration date, of
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct re
of the use of federal CDBG funds for Meals-On-Wheels Program. All reported program incc may be retained by the Subrecipient for costs related to the Meals-On-Wheels Progr
However, the program income, retained by the Subrecipient, must be expended before additic
funds are requested from the City. The requirements are set forth in the federal regulatr
Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR. MATERIALS AND SUPPLIES;
The Subrecipient shall furnish all labor, materials and services and bear all expenses neces:
to provide the Meals-On-Wheels Program as outlined in this agreement. Under this agreem
the City's only financial obligation to the Subrecipient is to provide the CDBG funds of $5,
maximum as allocated by the City Council for program year 1994-95.
5. RECORDSANDREPORTS
The Subrecipient shall maintain the following records and reports to assist the City in maintain
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following information
a. Documentation of the income level and/or age of persons and/or households participal
b. Documentation of the number of persons and/or households participating in the
c. Documentation of all CDBG funds received from the City;
d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
in or benefitting from the Subrecipient's program;
benefitting from the Subrecipient's program;
The Subrecipient shall. submit quarterly "Progress Reports" during the program year beginn
July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end of e
quarter. The final progress report is due no later than July 15, 1995. The report must incl
sufficient information to assist the City in monitoring the subrecipient's performance. '
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditur
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At a minimum, the performance reports shall include the following information:
a. Total number of Carlsbad personshouseholds participating in the program dL
b. Number of low/moderate income Carlsbad personshouseholds participating in
reported period;
program during the reporting period;
C. Age and ethnic background of Carlsbad participants;
d. Summary of program(s) provided to Carlsbad participants; and
e. Total number of participants from Carlsbad.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds pro1
by the City. The City, Federal Grantor Agency,.Comptroller General of the United State
any of their duly-authorized representatives shall have access to all books, documents, paper
records maintained by the Subrecipient which directly pertain to the above project for the pu~
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial rect
supporting documents and statistical reports related to the project identified under this agree]
until June 30, 1998. All records subject to an audit finding must be retained for three (3) 1
from the date the finding is made or until the finding has been cleared by appropriate offi
and the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal from the City of Carlsbad and/or any other city or agency, the subrecipient is required to su
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shr
required to submit, to the City, a comprehensive financial audit prepared by an indepen
neutral third-party auditor. The audit shall cover financial. operations of the Subrecipient fc
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one year
expiration of the agreement. The Subrecipient shall also be required to submit a second aud
the period covered under fiscal year beginning July 1, 1995 and ending June 30, 1996 fol
funds received in fiscal year 1995-96 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application and Subreci
Agreement and with assurances and agreements made, by the City, to the United 5
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as desc~
in Section 570.502 of the federal regulations for the CDBG Program; the federal requiren
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and regula
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requiren
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as desc
in Section 570.604; and
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b. The Subrecipient will not assume the City’s responsibility for initiating the re\
process required under the provisions of Executive Order 12372 described at 570.61
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referenci
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fund
religious organizations, if applicable to this agreement and the approved project outlined he
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subreci]
desires a change in the use of the CDBG funds following approval of this agreement, a WI
request must be submitted to the City for review by the Council. No change in use of the C1
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination i
provision of services and the equal opportunity employment of personnel.
9. fRJsPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations
agreement may be suspended or terminated if the subrecipient fails to comply with any te;
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and I
of the Code of Federal Regulations are set forth, by reference, as provisions of this agree]
10. REVERSION .OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG
on hand at the time of expiration and any accounts receivable attributable to the use of C
control that was acquired or improved in whole or in part with CDBG funds in excess of $2:
to either be:
funds. The subrecipient shall be required to use any real property under the subrecip
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the ft
regulations until five (5) years after expiration of the agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount 1
current fair market value of the property less any portion of the value attributzi
expenditures of non-CDBG funds for acquisition, or improvement to, the pro,
Reimbursement is not required after the period of time specified in paragraph (a) (
section.
’ 11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, pen fines, or any damage to goods, properties, or effects of any person whatsoever, nor for pe
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injuries or death caused by, or claimed to have been caused by, or resulting from, any intent or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employee
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officer
employees against any of the foregoing liabilities or claims of any kind and any cost/and ex]
that is incurred by the City on account of.any of the foregoing liabilities, including liabiliti
claims by reason of alleged defects in any plans and specifications for the project or facili
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Hm
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind ea
the parties hereto, and each of their respective heirs, executors, administrators, successors
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,0oO from the City in CDBG funds and/or
funds, the Subrecipient shall obtain and maintain policies of general liability insurance i
combined policy of worker's compensation and employers liability insurance from an insur
company authorized to do business in the State of California which meets the requiremen
City Council Resolution No. 90-96 in an insurable amount of not less than one million dc
($1 ,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Man
This insurance shall be in force during the term .of this agreement and shall not be can
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 fu
certificates of insurance to the City before commencement of work..
..
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m a
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
SENIOR ADULT SERVICES, a non-profit organization,
ATTEST:
QJktLt "J &-*-,
ALETHA L. RAUTENKRANZ, CITY CLERK
APPROVED AS TO FORM:
$),/bLLL /
RON BALL, CITY A'ITORNEY " D. t./q
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AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR
1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FCTNDS
THIS AGREEMENT, made and entered into as of this 26th day of
JULY , 1994, by and between the CITY OF CARLSBAD, a municj
corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES, a non-profit organizati
hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide affordable housing or housing related service
low and moderate income households within Carlsbad; and,
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households with some assistance from the City; and,
WHEREAS, the City has received environmental clearance to release the funds for this pro.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants conta
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fu
in the amount of seven thousand five hundred dollars ($7,500) to the Subrecipient to assist
the costs associated with provision of shelter to homeless males in North County, inclu
Carlsbad,'at the Good Samaritan Shelter located at 901 First Street in Oceanside, Califo:
Every effort shall be made by the subrecipient to expend the allocated funds in their entiret
June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated tr
project by the noted date, the subrecipient shall request an extension from the City for conti
use of the funds on the approved project. Based on progress made by the subrecipient tov
completing the subject project, the City will either agree to grant the extension or notif
Subrecipient that the funds must be reallocated to another eligible project due to slow PI
progress.
2. DISBURSEMENT OF FZTNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relal
the provision of services for eligible residentskitizens of Carlsbad for the period beginnini
1, 1994 and ending June 30, 1995. The reimbursements for costs shall not exceed a to
$7,500. The City shall not provide any payments/reimbursements in advance of :
expenditures by the subrecipient. (Funding is contingent upon the City receiving Comn
Development Block Grant funds from HUD).
1
e e
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment
program administration costs. Each request for reimbursement shall include documentatio verify expenditure of funds are consistent with the project descriptionldefinition as approva
the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipienl
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are sm
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved b!
City Council and continue until the expiration date, or amended expiration date, of
agreement.
3. PROGRAM INCOME
The Subrecipient shill report, to the City, any interest, or other income, earned as a direct r
of the use of federal CDBG funds for the program outlined within this agreement. All repc
program income may be retained by the Subrecipient for costs related to the subject pro1
activities. However, the program income, retained by the Subrecipient, must be expended bc
additional funds are requested from the City. The requirements are set forth in the fe
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR. MATERIAIS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses nece
to provide the subject program as outlined in this agreement. Under this agreement, the C
only financial obligation to the Subrecipient is to provide the CDBG funds of $7,500 maxi
as allocated by the City Council for program year 1994-95.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in mainta
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informatic
a. Documentation of the income level and/or age of persons and/or households particil
b. Documentation of the number of persons and/or households participating in f
c. Documentation of all CDBG funds received from the City;
d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
The Subrecipient shall submit quarterly "Progress Reports" during the program year begi
July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end oj
quarter. The final progress report is due no later than July 15, 1995. The report must ir
sufficient information to assist the City in monitoring the subrecipient's performance.
subrecipient must demonstrate satisfactory performance prior to reimbursement for expendir
in or benefitting from the Subrecipient's program;
benefitting from the Subrecipient's program;
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At a minimum, the performance reports shall include the following information:
a. Total number of personshouseholds participating in the program during reported peri
b. Number of low/moderate income Carlsbad persons/households participating in
c. Age and ethnic background of Carlsbad participants;
d. Summary of program(s) provided to Carlsbad participants; and
e. Total number of participants from Carlsbad.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds provi
by the City. The City, Federal Grantor Agency, Comptroller General of the United States
any of their duly-authorized representatives shall have access to all books, documents, papers
records maintained by the Subrecipient which directly pertain to the above project for the pur]
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial reca
supporting documents and statistical reports related to the project identified under this agreer until June 30, 1998. All records subject to an audit finding must be retained for three (3) y
from the date the finding is made or until the finding has been cleared by appropriate off11
and the Subrecipient has been given offlcial written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to su
a Single Audit Report. As requited by the Federal Sinile Audit Act, the Subrecipient sha
required to submit, to the City, a comprehensive financial audit prepared by an indepenc
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient fo
period beginning July 1;. 1994 and ending June 30, 1995 and is due not later than one year
expiration of the agreement. The Subrecipient shall also be required to submit a second aud
the period covered under fiscal year beginning July 1, 1995 and ending June 30, 1996 fo
funds received in fiscal year 1995-96 per this agreement.
program during the reporting period;
6. PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application and Subrecj
Agreement and with assurances and agreements made, by the City, to the United !
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as desc
in Section 570.502 of the federal regulations for the CDBG Program; the federal require]
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and rep1
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing require
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as des
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the 1
process required under the provisions of Executive Order 12372 described at 570.
3
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b, The Subrecipient will not assume the City’s responsibility for initiating the revi
process required under the provisions of Executive Order 12372 described at 570.611
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG funds
religious organizations, if applicable to this agreement and the approved project outlined hen
7. CHANGES IN USE OF FUNDS
. Changes in the use of CDBG funds must be approved by the City Council. If the Subrecip
desires a change in the use of the CDBG funds following approval of this agreement, a wrj
request must be submitted to the City for review by the Council. No change in use of the CI:
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination ir
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations,
agreement may be suspended or terminated if the subrecipient fails to comply with any ter
of .the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 8
of the Code of Federal Regulations are set forth, by reference, as provisions of this agreem
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG f
on hand at the time of expiration and any accounts receivable attributable to the use of C:
funds. The subrecipient shall be required to use any real property under the subrecipi
control that was acquired or improved in whole or in part with CDBG funds in excess of $25
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fe
regulations until five (5) years after expiration of the agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount (
current fair market value of the property less any portion of the value attributal
expenditures of non-CDBG funds for acquisition, or improvement to, the pro]
Reimbursement is not required after the period of time specified in paragraph (a) (
section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, pen fines, or any dahage to goods, properties, or effects of any person whatsoever, nor for pe
4
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injuries or death caused by, or claimed to have been caused by, or resulting from, any intentic
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees,
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers
employees against any of the foregoing liabilities or claims of any kind and any cost/and expe
that is incurred by the City on account of any of the foregoing liabilities, including liabilitie:
claims by reason of alleged defects in any plans and specifications for the project or facilib
12. ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the p written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject io the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harn
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind eac
the parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,OOO from the City in CDBG funds and/or (
funds, the Subrecipient shall obtain and maintain policies of general liability insurance a
combined policy of worker's compensation and employers liability insurance from an insur
company authorized to do business in the State of California which meets the requiremen
City Council Resolution No. 90-96 in an insurable amount of not less than one million da
($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Man:
This insurance shall be in force during the term of this agreement and shall not be can1
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 fu1
certificates of insurance to the City before commencement of work.
5
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
CATHOLIC ARITIES, a non-profit organization, &JbuA-@
ATTEST:
QLztL A. I."sxxh*? ALE~A L. RAUTENKRANZ, CITY CLERK
APPROVED AS TO FORM:
/&A D- c-4 ~
&*k&YAoRhFY
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND CATHOLIC CHARITIES FOR
1994-05 FEDERAL C0"UNITY DEVELOPMENT BLOCK GRANT EzTM)S
THIS AGREEMENT, made and entered into as of this 26th day of
JULY , 1994, by and between the CITY OF CARLSBAD, a munici
corporation, hereinafter referred to as "City", and CATHOLIC CHARITIES, a non-profit organizatil
hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide affordable housing or housing related service
low and moderate income households within Carlsbad; and,
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households with some assistance from the City; and,
WHEREAS, the City has received environmental clearance to release the funds for this pro:
NOW, THEREFORE, in consideration of these recitals and the mutual covenants conta
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fu
in the amount of ten thousand dollars ($lO,OOO) for operation of the La Posada De Guada
homeless shelter (50 beds) located at 2472-2476 Impala Drive in Carlsbad.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire!
June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated tc
project by the noted date, the subrecipient shall request an extension from the City for conti
use of the funds on the approved project. Based on progress made by the subrecipient top
completing the subject project, the City will either agree to grant the extension or notif:
Subrecipient that the funds must be reallocated to another eligible project due to slow pr
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs relx
the provision of services for eligible residents/citizens of Carlsbad for the period beginnin1
1, 1994 and ending June 30, 1995. The reimbursements for costs shall not exceed a to
$10,000. The City shall not provide any paymentsheimbursements in advance of
expenditures by the subrecipient.
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The Subrecipient shall submit a "Reimbursement Request" to the City to request payment
program administration costs. Each request for reimbursement shall include documentation
. verify expenditure of funds are consistent with the project description/definition as approved
the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipient I
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are samp
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved by
City Council and continue until the expiration date, or amended expiration date, of
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct re
of the use of federal CDBG funds for the program outlined within this agreement. All rep0
program income may be retained by the Subrecipient for costs related to the subject prog activities. However, the program income, retained by the Subrecipient, must be expended be
additional funds are requested from the City. The requirements are set forth in the fed
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR. MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses necm
to provide the subject program as outlined in this agreement. Under this agreement, the C
only financial obligation to the Subrecipient is to provide the CDBG funds of $lO,OOO maxi1
as allocated by the City Council for program year 1994-95.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in mainti
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informatic
a. Documentation of the income level and/or age of persons and/or households particil
b. Documentation of the number of persons and/or households participating in t:
c. Documentation of all CDBG funds received from the City;
d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beg
July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end o
quarter. The find progress report is due no later than July 15, 1995. The report must i~
sufficient information to assist the City in monitoring the subrecipient's performance.
subrecipient must demonstrate satisfactory performance prior to reimbursement for expendj
in or benefitting from the Subrecipient's program;
benefitting from the Subrecipient's program;
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At a minimum, the performance reports shall include the following information:
a. Total number of personsfiouseholds participating in the program during reported perio
b. Number of low/moderate income Carlsbad personshouseholds participating in t
c. Age and ethnic background of Carlsbad participants;
d. Summary of program(s) provided to Carlsbad participants; and e, Total number of participants from Carlsbad.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds provid
by the City. The City, Federal Grantor Agency, Comptroller General of the United States,
any of their duly-authorized representatives shall have access to all books, documents, papers i
records maintained by the Subrecipient which directly pertain to the above project for the purp
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recor
supporting documents and statistical reports related to the project identified under this agreem
until June 30, 1998. All records subject to an audit finding must be retained for three (3) ye
from the date the finding is made or until the finding has been cleared by appropriate offrc
and the Subrecipient has been given offrcial written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal 5
from the City of Carlsbad andlor any other city or agency, the subrecipient is required to sub a Single Audit Report, As required by the Federal Single Audit Act, the Subrecipient shall
required to submit, to the City, a comprehensive financial audit prepared by an independ1
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one year :
expiration of the agreement. The Subrecipient shall also be required to submit a second audi
the period covered under fiscal year beginning July 1, 1995 and ending June 30, 1996 for
funds received in fiscal year 1995-96 per this Agreement.
program during the reporting period;
6. PROGRAM REQUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application and SubreciE
Agreement and with assurances and agreements made, by the City, to the United SI
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as descr
in Section 570.502 of the federal regulations for the CDBG Program; the federal requirerr
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and regula
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirer
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as desc
in Section 570.604; and
3
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the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by reference,
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG funds
religious organizations, if applicable to this agreement and the approved project outlined her(
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecip.
desires a change in the use of the CDBG funds following approval of this agreement, a wrii
request must be submitted to the City for review by the Council. No change in use of the CD
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination il
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations,
agreement may be suspended or terminated if the subrecipient fails to comply with any ter
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 8
of the Code of Federal Regulations are set forth, by reference, as provisions of this agreen
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG f
on hand at the time of termination or expiration and any accounts receivable attributable 1
use of CDBG funds. Any real property under the Subrecipient’s control that was acquir
improved 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 of the ft replations until five (5) years after termination or expiration of the agreement; 0:
b) Disposed of in a manner that results in the City being reimbursed in the amount I
current fair market value of the property less any portion of the value attributal
expenditures of non-CDBG funds for acquisition, or improvement to, the pro
Reimbursement is not required after the period of time specified in paragraph (a) 1
section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, per fines, or any damage to goods, properties, or effects of any person whatsoever, nor for pe
injuries or death caused by, or claimed to have been caused by, or resulting from, any inte
or negligent ac9, errors or omission of Subrecipient or Subrecipient’s agents, employ1
representatives in completion of the project outlined in this agreement.
4
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Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers 2
employees against any of the foregoing liabilities or claims of any kind and any cost/and expel
that is incurred by the City on account of any of the foregoing liabilities, including liabilities
claims by reason of 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 thereunder without the PI
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harm
Agreement," all terms, conditions, and provisions hereof shall insure-to and shall bind eac:
the parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,000 from the City in CDBG funds and/or o
funds, the Subrecipient shall obtain and maintain policies of general liability insurance iu
combined policy of worker's compensation and employers liability insurance from an insur:
company authorized to do business in the State of California which meets the requirement
City Council Resolution No. 90-96 in an insurable amount of not less than one million do:
($l,000,0oO) each, unless a lower amount is approved by the City Attorney or the City Mana
This insurance shall be in force during the term of this agreement and shall not be canc
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 fu certificates of insurance to the City before commencement of work.
5
a
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a:
the day and year first written above.
CATHOLIC CHARITIES, a non-profit organization,
CLMWK.%KJD~~K!’EWI!$ MAYOR- 5 -
ATTEST:
R P&,
ALETHA L. RAUTENKRANZ, CITY CLERK
APPROVE AS TO FORM:
pi /&&-& I 0. c f4
BALL, CITY ATTOR* /
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND COMMUNITY RESOURCE CENTER FOR
1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 26th day of
JULY , 1994, by and between the CITY OF CARLSBAD, a munici]
corporation, hereinafter referred to as "City", and COMMUNITY RESOURCE CENTER, a non-prc
organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, health
clothing to low and moderate income households within Carlsbad; and,
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households with some assistance from the City; and,
WHEREAS, the City has received environmental clearance to release the funds for this proj
NOW, THEREFORE, in consideration of these recitals and the mutual covenants conta. herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fi
in the amount of ten thousand dollars ($10,0oO) to the Subrecipient to assist with the 1
associated with provision of social services and direct assistance in an effort to help low/mod
income persons to maintain adequate housing through the Subrecipient's Homeless Prever
Program offered at their office located at 3138 Roosevelt Street in Carlsbad, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire1
June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated tc
project by the noted date, the subrecipient shall request an extension from the City for conti
use of the funds on the approved project. Based on progress made by the subrecipient to!
completing the subject project, the City will either agree to grant the extension or notif
Subrecipient that the funds must be reallocated to another eligible project due to slow p:
progress.
2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs rela
the provision of services for eligible residents/citizens of Carlsbad for the period beginnin
1, 1994 and ending June 30, 1995. The reimbursements for costs shall not exceed a tc
$10,000. The City shall not provide any paymentslreimbursements in advance of
1
0 a
,expenditures by the subrecipient. (Funding is contingent upon the City receiving Commw Development Block Grant funds from HUD).
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment
program administration costs. Each request for reimbursement shall include documentatior
verify expenditure of funds are consistent with the project description/definition as approved
the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipient
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are Sam]
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved bg City Council and continue until the expiration date, or amended expiration date, of
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct r(
of the use of federal CDBG funds for the program outlined within this agreement. All repc
program income may be retained by the Subrecipient for costs related to the subject pro@
activities. However, the program income, retained by the Subrecipient, must be expended be
additional funds are requested from the City. The requirements are set forth in the fw
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR, MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses nece
to provide the subject program as outlined in this agreement. Under this agreement, the (
only financial obligation to the Subrecipient is to provide the CDBG funds of $lO,OOO maxi
as allocated by the City Council for program year 1994-95.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in mainta
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informatic
a. Documentation of the income level and/or age of persons and/or households partici1
b. Documentation of the number of persons and/or households participating in 1
c. Documentation of all CDBG funds received from the City;
d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
in or benefitting from the Subrecipient's program;
benefitting from the Subrecipient's program;
The Subrecipient shall submit quarterly "Progress Reports" during the program year beg
July 1, 1994 +d ending June 30, 1995 within fifteen (15) calendar days of the end o
quarter. The final progress report is due no later than July 15, 1995. The report must i
2
0
sufficient information to assist the City in monitoring the subrecipient’s performance. TI subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditure
The Subrecipient shall maintain separate accounting records for the federal CDBG funds provid
by the City. The City, Federal Grantor Agency, Comptroller General of the United States,
any of their duly-authorized representatives shall have access to all books, documents, papers a
records maintained by the Subrecipient which directly pertain to the aboveproject for the purpc
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recor
supporting documents and statistical reports related to the project identified under this agreem
until June 30, 1998. All records subject to an audit finding. must be retained for three (3) ye
from the date the finding is made or until the finding has been cleared by appropriate offici
and the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal y
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to sub
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient shall
required to submit, to the City, a comprehensive financial audit prepared by an independ!
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient for
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one year a
expiration of the agreement. The Subrecipient shall also be required to submit a second audit
the period covered under fiscal year beginning July 1, 1995 and ending June 30, 1996 for
funds received in fiscal year 1995-96 per this Agreement.
6. . PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application and Subrecil
Agreement and with assurances and agreements made, by the City, to the United S
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as descr
in Section 570.502 of the federal regulations for the CDBG Program; the federal requiren
are set forth, by reference, as a provision of this agreement.
The Subrecipient shall carry out all activities in compliance with all Federal laws and regula
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requirer
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as desc in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the rf
process required under the provisions of Executive Order 12372 described at 570.6
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referen
a condition of this agreement.
3
m e
The subrecipient shall comply with all federal regulations related to the use of CDBG funds
religious organizations, if applicable to this agreement and the approved project outlined here
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecipi
desires a change in the use of the CDBG funds following approval of this agreement, a wril
request must be submitted to the City for review by the Council. No change in use of the CD
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination in
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations,
agreement may be suspended or terminated if the subrecipient fails to comply with any ter
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 8.
of the Code of Federal Regulations are set forth, by reference, as provisions of this agreen
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG f
on hand at the time of expiration and any accounts receivable attributable to the use of C1
funds. The subrecipient shall be required to use any real property under the subrecipj
control that was acquired or improved in whole or in part with CDBG funds in excess of $2:
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fe
regulations until five (5) years after expiration of the agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount (
current fair market value of the property less any portion of the value attributat
expenditures of non-CDBG funds for acquisition, or improvement to, the pro1 Reimbursement is not required after the period of time specified in paragraph (a) (
.section.
11. HOLD HARMLESS AGREEMENT
The City, its officer’s, and employees shall not be liable for any claims, liabilities, pen
fines, or any damage to goods, properties, or effects of any person whatsoever, nor for pe
injuries or death caused by, or claimed to have been caused by, or resulting from, any inter
or negligent acts, eqors or omission of Subrecipient or Subrecipient’s agents, employe
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its offkc
employees against any of the foregoing liabilities or claims of any kind and any cost/and e
that is incurred by the City on account of any of the foregoing liabilities, including liabili
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claims by reason of 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 thereunder without the pl
written consent of the City.
13. SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harm
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind eacl
the parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
14. INSURANCE
If the Subrecipient shall receive more than $5,0o0 from the City in CDBG funds and/or a
funds, the Subrecipient shall obtain and maintain policies of general liability insurance a
combined policy of worker's compensation and employers liability insurance from an insur,
company authorized to do business in the State of California which meets the requiremen!
City Council Resolution No. 90-96 in an insurable amount of not less than one million do
($1 ,0o0,OOO) each, unless a lower amount is approved by the City Attorney or the City Mana
This insurance shall be in force during the term of this agreement and shall not be canc
without thirty (30) days prior written notice to the City sent by certified mail.
The City shall be named as an additional insured on these policies. The Subrecipient shall fu
certificates of insurance to the City before commencement of work.
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a
the day and year first written above.
CO"l.JNITY RESOURCE CENTER, a non-profit organization /$h!.k G z!" AJ-, E)-L~L D
ATTEST:
t \I ALETHA L. RAUTENKRANZ, CITY CLERK \
APPROVED AS TO FORM:
.. , /LA J
RON ALL, CITY ATTORNEY U W P- c. H
L
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AGREEMENT BETWEEN THE
CITY OF CARLSBAD ANTI SEWJOBS FOR PROGRESS INC. FOR
199695 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 26th day of
JULY , 1994 , by and between the CITY OF CARLSBAD,
municipal corporation, hereinafter referred to as "City", and SEWJOBS FOR PROGRESS INC., an
profit organization, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, the City has the need to provide basic services related to food, shelter, health
clothing to low and moderate income households within Carlsbad;
WHEREAS, the City has the need to provide services which directly benefit children,
elderly, disabled persons, and the homeless;
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households and services which benefit the homeless with some assistance from the (
and
WHEREAS, the City has received environmental clearance to release the funds for this proj
NOW, THEREFORE, in consideration of these recitals and the mutual covenants conta
herein, City. and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fi
in the amount of seven thousand five hundred dollars ($7,500) to the Subrecipient to assist
the COS~S associated with provision of a. central location for both potential employers
employees to coordinate employment needs through the Carlsbad Hiring Center located at
El Camino Real in Carlsbad, California.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire
June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated t
project by the noted date, the subrecipient shall request an extension from the City for conti
use of the funds on the approved project. Based on progress made by the subrecipient tor
completing the subject project, the City will either agree to grant the extension or notij
Subrecipient that the funds must be reallocated to another eIigibIe project due to slow p
progress.
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for administrative costs related
the provision of services for eligible residentdcitizens of Carlsbad for the period beginning P
1, 1994 and ending June 30, 1995. The reimbursements for costs shall not exceed a total
$7,500. The City shall not provide any paymentsheimbursements in advance of act
expenditures by the subrecipient. (Funding is contingent upon the City receiving COmui
Development Block Grant funds from HUD).
The Subrecipient shall submit a "Reimbursement Request" to the City to request payment
program administration costs. Each request for reimbursement shall include documentatio~
verify expenditure of funds are consistent with the project descriptiorddefinition as approved
the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipient met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are sam.
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved bq
City Council and continue until the expiration date, I or amended expiration date, of
agreement.
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct ri
of the use of federal CDBG funds for the program outlined within this agreement. All repc
program income may be retained by the Subrecipient for costs related to the subject pro:
activities. However, the program income, retained by the Subrecipient, must be expended b
additional funds are requested from the City. The requirements are set forth in the fe
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR. MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses nece
to provide the subject program as outlined in this agreement. Under this agreement, the (
' only financial obligation to the Subrecipient is to provide the CDBG funds of $7,500 mx'
as allocated by the City Council for program year 1994-95.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in maint;
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informati
a. Documentation of the income level and/or age of persons and/or households partic!
b. . Documentation of the number of persons and/or households participating in
c. Documentation of all CDBG funds received from the City;
in or benefitting from the Subrecipient's program;
benefitting from the Subrecipient's program;
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d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
The Subrecipient shall submit quarterly "Progress Reports" during the program year beginni
July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end of ea
quarter. The final progress report is due no later than July 15, 1995. The report must inch
sufficient information to assist the City in monitoring the subrecipient's performance. T
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditure
At a minimum, the performance reports shall include the following information:
a. Total number of personshouseholds participating in the program during reported peril
b. Number of Carlsbad low/moderate income personshouseholds participating in
program during the reporting period;
C. Age and ethnic background of Carlsbad participants;
d. Summary of program(s) provided to Carlsbad participants; and e. Total number of participants from Carlsbad.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds provil
by the City. The City, Federal Grantor Agency, Comptroller General of the United States.
any of their duly-authorized representatives shall have access to all books, documents, papers
records maintained by the Subrecipient which directly pertain to the above project for the puq
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial reco
supporting documents and statistical reports related to the project identified under this agreen
until June 30, 1998. All records subject to an audit finding must be retained for three (3) y
from the date the finding is made or until the finding has been cleared by appropriate offic
and the Subrecipient has been given official written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to SUI
a'Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient sha
required to submit, to the City, a comprehensive financial audit prepared by an indepenc
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient fo
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one year
expiration of the agreement. The Subrecipient shall also be required to submit a second
for the period covered under fiscal year beginning July 1, 1995 and ending June 30, 1996 fo:
funds received in fiscal year 1995-96 per this Agreement.
6, PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City's CDBG Application and Subreci
Agreement and with assurances and agreements made, by the City, to the United 5
Department of Housing and Urban Development.
' The Subrecipient shall comply with applicable Uniform Administrative Requirements as des(
in Section 570.502 of the federal regulations for the CDBG Program; the federal require:
are set forth, by reference, as a provision of this agreement.
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The Subrecipient shall carry out all activities in compliance with all Federal laws and regulatic
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requireme
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume the City’s environmental responsibilities as descril
in Section 570.604; and
b. The Subrecipient will not assume the City’s responsibility for initiating the rev
process required under the provisions of Executive Order 12372 described at 570.61
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referencr
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fund
religious organizations, if applicable to this agreement and the’approved project outlined he]
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subreci] desires a change in the use of the CDBG funds following approval of this agreement, a WI
request must be submitted to the City for review by the Council. No change in use of the C1
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination i
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations
agreement may be suspended or terminated if the subrecipient fails to comply with any te
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and
of the Code of Federal Regulations are set forth, by reference, as provisions of this agree
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG
on hand at the time of expiration and any accounts receivable attributable to the use of (
funds. The subrecipient shall be required to use any real property under the subreci]
control that was acquired or improved in whole or in part with CDBG funds in excess of $2
to either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the j
regulations until five (5) years after expiration of the agreement; or,
b) Disposed of in a manner that results in the City being reimbursed in the amount
current fair market value of the property less any portion of the value attribut
expenditures of non-CDBG funds for acquisition, or improvement to, the pr,
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*
Reimbursement is not required after the period of time specified in paragraph (a) oft
section.
11. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penalti
fines, or any damage to goods, properties, or effects of any person whatsoever, nor for perso
injuries or death caused by, or claimed to have been caused by, or resulting from, any intentio
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees,
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers i
employees against .any of the foregoing liabilities or claims of any kind and any cost/and expe
that is incurred by the City on account of any of the foregoing liabilities, including liabilitia
claims by reason of 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 thereunder without the PI
written consent of the City.
13. CCWSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Harml
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind eack
the parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
14. INSURANCE
If the'subrecipient shall receive more than $5,000 from the City in CDBG funds andlor 01
funds, the Subrecipient shall obtain and maintain policies of general liability insurance an
combined policy of worker's compensation and employers liability insurance from an insura
company authorized to do business in the State of California which meets the requirement.!
City Council Resolution No. 90-96 in an insurable amount of not less than one million dol
($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Manal
This insurance shall be in force during the term of this agreement and shall not be cancc
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 fun
certificates of insurance to the City before commencement of work.
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
i R PROGRESS I profit organization,
1 S “”
ATTEST:
,.cz& 4 LLLddAL\ -
ALETHA L. RAUTENKRANZ, CITY CLERK
APPROVED AS TO FORM:
dL-””
RON BALL, CITY ATTORNEY “. pH ~~ 4
..
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AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE EYE COUNSELING AND CRISIS SERVICES
FOR 1994-95 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, made and entered into as of this 26th day of
JULY 7 19 94 7 by and between the CITY OF CARLSB;
a municipal corporation, hereinafter referred to as "City", and THE EYE COUNSELING AND CRj
SERVICES, 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
clothing to low and moderate income households within Carlsbad;
WHEREAS, the City has the need to provide assistance to organizations which help
homeless persons with special needs, such as persons with alcohol or drug addiction;
WHEREAS, the Subrecipient can provide one or more of these basic services for low
moderate income households and services which benefit non-homeless persons with special needs;
WHEREAS, the City has received environmental clearance to release the funds for this pro:
NOW, THEREFORE, in consideration of these recitals and the mutual covenants cont;
herein, City and Subrecipient agree as follows:
1. STATEMENT OF WORK
The City has allocated federal 1994-1995 Community Development Block Grant (CDBG) fi
in the amount of twenty-five thousand dollars ($25,000) to the 'Subrecipient to assist wit costs associated with the purchase of Real Property for the Family Recovery Project. 1
acquisition of the property, the facility located at 1105 Fifth Street, Oceanside will prov
comprehensive; structured residential substance abuse treatment and learning center progra
low income pregnant and postpartum women.
Every effort shall be made by the subrecipient to expend the allocated funds in their entire
June 30, 1995. If the Subrecipient will be unable to expend all of the funds allocated 1
project by the noted date, the subrecipient shall request in writing an extension from the Ci
continued use of the funds on the approved project by June 30, 1995. Based on progress
by the subrecipient towards completing the subject project, the City will either agree to gra
extension or notify the Subrecipient that the funds must be reallocated to another eligible p
due to slow project progress.
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2. DISBURSEMENT OF FUNDS
The City shall reimburse the Subrecipient with CDBG funds for acquisition costs related to
purchase of Real Property located at 1105 Fifth Street in Oceanside for the Family Recoy
Project for the period beginning July 1, 1994 and ending June 30, 1995. The reimburseml
for costs shall not exceed a total of $25,000. The City shall not provide
paymentslreimbursements in advance of actual expenditures by the subrecipient. (Fundit
contingent upon the City receiving Community Development Block Grant fundsfrom HUD)
The Subrecipient shall submit a “Reimbursement Request“ to the City to request paymen!
program administration costs. Each request for reimbursement shall include documentatic
verify expenditure of funds are consistent with the project descriptionldefinition as approve
met all applicable regulations for the project.
Payroll records, receipts, paid invoices including an itemized statement of all costs are sm
of appropriate methods of reimbursement documentation.
The Subrecipient may request reimbursements anytime after this agreement is approved b!
City Council and continue until the expiration date, or amended expiration date, of
agreement.
the City Council. Prior to receiving reimbursement, the City will verify that the Subrecipien
3. PROGRAM INCOME
The Subrecipient shall report, to the City, any interest, or other income, earned as a direct I
of the use of federal CDBG funds for the program outlined within this agreement. .All rep1
program income may be retained by the Subrecipient for costs related to the subject pro;
activities. However, the program income, retained by the Subrecipient, must be expended bl additional funds are requested from the City, The requirements are set forth in the fe
regulations Sections 570.504 (c) which are incorporated herein by reference.
4. LABOR. MATERIALS AND SUPPLIES:
The Subrecipient shall furnish all labor, materials and services and bear all expenses nece
to provide the subject program as outlined in this agreement. Under this agreement, the C
only financial obligation to the Subrecipient is to provide the CDBG funds of $25,000 maxi
as allocated by the City Council for program year 1994-95.
5. RECORDS AND REPORTS
The Subrecipient shall maintain the following records and reports to assist the City in mainta
its record keeping requirements.
The Subrecipient must maintain records that a minimum includes the following informatic
a. Documentation of the income level andlor age of persons andlor households particil
b. . Documentation of the number of persons and/or households participating in t
in or benefitting from the Subrecipient’s program;
benefitting from the Subrecipient’s program;
C. Documentation of all CDBG funds received from the City;
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. d. Documentation of expenses as identified in the Budget; and
e. Any such other related records as the City shall require.
The Subrecipient shall submit quarterly “Progress Reports” during the program year begim
July 1, 1994 and ending June 30, 1995 within fifteen (15) calendar days of the end of e
quarter. The final progress report is due no later than July 15, 1995. The report must incl
subrecipient must demonstrate satisfactory performance prior to reimbursement for expenditul
At a minimum, the performance reports shall include the following information:
a. Total number of personshouseholds participating in the program during reported per
b. Number of Carlsbad low/moderate income personshouseholds participating in
sufficient information to assist the City in monitoring the subrecipient’s performance,
program during the reporting period;
C. Age and ethnic background of Carlsbad participants;
d. Summary of program(s) provided to Carlsbad participants; and
e. Total number of participants from Carlsbad.
The Subrecipient shall maintain separate accounting records for the federal CDBG funds pro1
by the City. The City, Federal Grantor Agency, Comptroller General of the United State
any of their duly-authorized representatives shall have access to all books, documents, paper!
records maintained by the Subrecipient which directly pertain to the above project for the pux
of audit, examination, excerpts and transcriptions.
Unless otherwise notified by the City, the Subrecipient shall retain all financial recl
supporting documents and statistical reports related to the project identified under this agree
until June 30, 1998. All records subject to an audit finding must be retained for three (3) ~
from the date the finding is made or until the finding has been cleared by appropriate off
and the Subrecipient has been given oficial written notice.
If the Subrecipient shall receive more than $25,000 in total federal funds in one fiscal
from the City of Carlsbad and/or any other city or agency, the subrecipient is required to st
a Single Audit Report. As required by the Federal Single Audit Act, the Subrecipient sh;
required to submit, to the City, a comprehensive financial audit prepared by an indepen
neutral third-party auditor. The audit shall cover financial operations of the Subrecipient fc
period beginning July 1, 1994 and ending June 30, 1995 and is due not later than one year
expiration of the agreement. The Subrecipient shall also be required to submit a second auc
the period covered under fscal year beginning July 1, 1995 and ending June 30, 1996 fc
funds received in fiscal year 1995-96 per this Agreement.
6. PROGRAM REOUIREMENTS
The Subrecipient shall adhere to the terms of the City’s CDBG Application and Subrec
Agreement and with assurances and agreements made, by the City, to the United
Department of Housing and Urban Development.
The Subrecipient shall comply with applicable Uniform Administrative Requirements as des
in Section 570.502 of the federal regulations for the CDBG Program; the federal require
are set forth, by reference, as a provision of this agreement.
m 3
w -.
v The Subrecipient shall carry out all activities in compliance with all Federal laws and regulati
as described in Subpart K, such as labor standards (Davis Bacon Act), fair housing requireml
-
of the CDBG Program Regulations, except that:
a. The Subrecipient will not assume .the City's environmental responsibilities as descr
in Section 570.604; and
b. The Subrecipient will not assume the City's responsibility for initiating the re\
process required under the provisions of Executive Order 12372 described at 570.61
the Code of Federal Regulations.
The provisions of Subpart K, of the CDBG Program Regulations, are set forth, by referencc
a condition of this agreement.
The subrecipient shall comply with all federal regulations related to the use of CDBG fund
religious organizations, if applicable to this agreement and the approved project outlined he1
7. CHANGES IN USE OF FUNDS
Changes in the use of CDBG funds must be approved by the City Council. If the Subrecil
desires a change in the use of the CDBG funds following approval of this 'agreement, a wr
request must be submitted to the City for review by the Council. No change in use of the CI
funds will be permitted by the City without prior formal approval by the Council.
8. NONDISCRIMINATION CLAUSE
The Subrecipient shall comply with all state and federal laws regarding nondiscrimination il
provision of services and the equal opportunity employment of personnel.
9. SUSPENSION AND TERMINATION OF AGREEMENT
In accordance with Section 24, Parts 85.43 and 85.44 of the Code of Federal Regulations,
agreement may be suspended or terminated if the subrecipient fails to comply with any ter
of the award and/or the award is terminated for convenience. Section 24, Parts 85.43 and 8
of the Code of Federal Regulations are set forth, by reference, as provisions of this agreen
10. REVERSION OF ASSETS
Upon expiration of the agreement, the subrecipient shall transfer to the City any CDBG f
on hand at the time of expiration and any accounts receivable attributable to the use of C1
funds. Any real property under the subrecipient's control that was acquired or improvr
whole or in part with CDBG funds in excess of $25,000 shall either be:
a) Used to meet one of the national objectives in 24 CFR Section 570.208 of the fe
regulations until five (5) years after termination or expiration of the agreement; or
b) Disposed of in a manner that results in the City being reimbursed in the amount c
current fair market value of the property less any portion of the value attributak
expenditures of non-CDBG funds for acquisition, or improvement to, the property
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11.
12.
13.
14.
m m
Reimbursement is not required after the period of time specified in paragraph (a) of
section.
HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities, penal
fines, or any damage to goods, properties, or effects of any person whatsoever; nor for pen
injuries or death caused by, or claimed to have been caused by, or resulting from, any intentil
or negligent acts, errors or omission of Subrecipient or Subrecipient's agents, employees
representatives in completion of the project outlined in this agreement.
Subrecipient agrees to defend, indemnify, and save free and harmless the City and its officers
employees against any of the foregoing liabilities or claims of any kind and any cost/and exp
that is incurred by the City on account of any of the foregoing liabilities, including liabilitit
claims by reason of alleged defects in any plans and specifications for the project or facilit
ASSIGNMENT OF AGREEMENT
The Subrecipient shall not assign this agreement or any monies due thereunder without the 1
written consent of the City.
SUCCESSORS OR ASSIGNS
Subject to the provisions of this Subrecipient Agreement Paragraph 11, "Hold Ham
Agreement," all terms, conditions, and provisions hereof shall insure to and shall bind eac
the parties hereto, and each of their respective heirs, executors, administrators, successors,
assigns.
INSURANCE
If the' Subrecipient shall receive more than $5,000 from the City in CDBG funds andlor
funds, the Subrecipient shall obtain and maintain policies of general liability insurance i combined policy of worker's compensation and employers liability insurance from an insu:
company authorized to do business in the State of California which meets the requiremer
City Council Resolution No. 90-96 in an insurable amount of not less than one million dc
($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Man
This insurance shall be in force during the term of this agreement and shall not be can
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 fi
certificates of insurance to the City before commencement of work.
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"
'S
1
w IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as
the day and year first written above.
EA~~~~EVA. tM-.~W~rs, MAYOR / -
ATTEST:
lLik2.L k? Rn&?A
ALETHA L. RAUTENKRANZ, CITY CLERK\
APPROVED AS TO FORM: .
i' qi7 Ld,
ON ALL, CITY ATTORNEY v U D c-, /9 c
'I
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