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HomeMy WebLinkAbout1994-07-19; City Council; 12784; APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS\~ I " " P 8 pt 9 2 < z 0 6 d a z 3 8 c(bY OF CARLSBAD - AGWA BILL ./';.: AB # /aim MTG. ?-I 4 - Ty TITLE: BLOCK GRANT FUNDS DEPT. e'h APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENTS FOR C0"UNITY DEVELOPMENT DEF CIT CIT I 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. * I- ii 0 @ /I CITY COUNCIL RESOLUTION NO. 94-205 1 IL I/ 2 3 4 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 11 12 13 14 15 16 17 18 19 20 1 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. ' 21 22 23 24 25 26 '2 7 28 ll 0 0 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 5 6 NOES : None 7 €3 9 10 1 r i bLAfJDE / (LbJ! A. LEWIS, lQJL Mayor l1 I! 12 13 ATTEST : 14 . . 15 ALETHA L. RAUTENKRANZ, City Clbrk 16 17 18- 19 i 20 21 22 23 24 25 26 27 28 0 0 - EXHIBIT 2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRA 1994-95 SUBRECIPIENT AGREEMENTS e 0 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 '1 0 0 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; 2 0 0 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: 3 w ,e . 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. 4 m e 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. 5 0 0 - 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 6 0 0 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). 1 0 0 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 2 0 0 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 3 e m 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 4 a 0 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.. .. 5 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 6 0 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; 2 a 0 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 e 0 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 0 e 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 0 0 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 6 0 0 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. 1 0 0 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; 2 0 0 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 0 0 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 0 0 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* / 6 0 0 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 4 0 e 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 ($1 ,0o0,OOO) each, unless a lower amount is approved by the City Attorney or the City Mana This insurance shall be in force during the term of this agreement and shall not be canc without thirty (30) days prior written notice to the City sent by certified mail. The City shall be named as an additional insured on these policies. The Subrecipient shall fu certificates of insurance to the City before commencement of work. 5 0 0 IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed a the day and year first written above. CO"l.JNITY RESOURCE CENTER, a non-profit organization /$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 6 0 0 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. -. 1 0 0 - 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; 2 0 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. 3 0 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, 4 e * 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. 5 e m 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 .. 6 w W 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. 'I 1 m . 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; 2 e w . 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 4 L 8 W 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. 5 0 a! " '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 6